No Passes for Polluters Act of 2026
Sponsored By: Senator Whitehouse, Sheldon [D-RI]
Introduced
Summary
Congressional approval for executive exemptions. This bill would require Congress to enact a joint resolution before the President or any federal agency can use or extend certain Clean Air Act exemptions, and it repeals a specific hazardous air pollutants scheduling exemption.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Congress must approve pollution exemptions
If enacted, the bill would stop the President, EPA, and agency heads from using or extending certain Clean Air Act exemptions unless Congress enacts a joint resolution. It would cover exemptions under sections 118(b), 248(e), and 604(f), and extensions authorized by law. New exemptions under 604(f) would need a joint resolution and could last no more than one year. Exemptions for executive-branch sources would be reconsidered every three years. The President would have to send a detailed "special message" to both Houses and to the GAO. The GAO would review the facts and tell Congress whether the proposed use appears to fit statutory authority. Special messages must be printed in the Federal Register and listed monthly by the 10th day. Joint resolutions tied to those messages would get fast committee handling and face the higher voting thresholds set in the bill.
Public can sue over pollution exemptions
If enacted, the bill would let any person bring a civil lawsuit under the Clean Air Act when a covered exemption is used but Congress did not pass the required joint resolution. That right to sue would apply even against federal officials or the United States. The bill would also remove a prior compliance-schedule exemption for hazardous air pollutants by striking paragraph (4) of section 112(i). Removing that paragraph would narrow the ways sources could get compliance-schedule exemptions for hazardous pollutants.
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