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119-s-4404119th CongressWALLET

No Passes for Polluters Act of 2026

Sponsored By: Senator Whitehouse, Sheldon [D-RI]

Introduced

Summary

Congressional approval for executive Clean Air exemptions. This bill would require the President and federal agencies to get explicit congressional approval before using or extending certain exemptions under the Clean Air Act.

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  • Executive branch: Agencies would not be able to use or extend "covered exemptions" under sections 118(b), 248(e), and 604(f) unless Congress enacts a joint resolution approving the specific use. The President must send a detailed "special message" that explains the exemption, the period of use, legal authority, and relevant facts.
  • Congress: Lawmakers would get a fast, defined review process for each proposed exemption with Senate debate limited to 10 hours, House debate limited to 2 hours, and a two-thirds voting requirement in both chambers for passage.
  • Public oversight and enforcement: The Comptroller General would review and report on each special message and monthly summaries would be required. Any person could bring a civil action over use of a covered exemption that lacks enacted congressional approval.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Anyone could sue over exemptions

If enacted, the bill would let any person bring a civil suit under the Clean Air Act against anyone who used a covered exemption that Congress did not enact. Suits could name the United States, the President, EPA leaders, or other federal officials. The bill would add this enforcement option into the Clean Air Act's citizen-suit provisions.

Congress must approve air exemptions

If enacted, the bill would bar certain Clean Air Act exemptions unless Congress enacts a joint resolution approving them. It would cover exemptions and orders for executive-branch emissions, federal vehicle fleets, and phase-outs of regulated substances. The President would have to recheck some regulations every three years. Some short exemptions would be limited to specified periods not exceeding one year.

Stricter rules for hazardous pollutants

If enacted, the bill would repeal a Clean Air Act provision that allowed a schedule-for-compliance exemption for some hazardous air pollutants. It would redesignate related paragraphs and update cross-references. The change would tighten compliance rules, which could strengthen public health protections but increase obligations and costs for affected firms.

More reporting and GAO review

If enacted, the bill would require a written "special message" to both Houses when a covered exemption is proposed. The President must also send a monthly report by the 10th day listing messages from the prior month, and those reports must be printed in the Federal Register. A copy of each special message must go to the Comptroller General, who would review it and tell Congress whether the proposed use fits the law.

Sponsors & CoSponsors

Sponsor

Whitehouse, Sheldon [D-RI]

RI • D

Cosponsors

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 4/27/2026

  • Sen. Luján, Ben Ray [D-NM]

    NM • D

    Sponsored 5/13/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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