[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9808 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9808
To amend the Clean Air Act to require Congress to approve of the
application of certain executive exemptions under that Act, to strike
an exemption under that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2026
Ms. Matsui (for herself, Mr. Beyer, Ms. Dexter, Mr. Levin, Ms.
McClellan, Ms. Bonamici, Mr. Carter of Louisiana, Mr. Casten, Ms.
Castor of Florida, Mr. Cohen, Mr. Huffman, Ms. Jayapal, Mr.
Krishnamoorthi, Mr. Larson of Connecticut, Ms. McCollum, Mr. Mullin,
Ms. Norton, Ms. Schakowsky, Ms. Tlaib, Mr. Vargas, and Ms. Wasserman
Schultz) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Clean Air Act to require Congress to approve of the
application of certain executive exemptions under that Act, to strike
an exemption under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Passes for Polluters Act of
2026''.
SEC. 2. CONGRESSIONAL APPROVAL OF USE OF EXEMPTIONS UNDER THE CLEAN AIR
ACT.
(a) Approval Process.--
(1) In general.--Title III of the Clean Air Act (42 U.S.C.
7601 et seq.) is amended by adding at the end the following:
``SEC. 330. CONGRESSIONAL APPROVAL OF USE OF EXEMPTIONS.
``(a) Definitions.--In this section:
``(1) Comptroller general.--The term `Comptroller General'
means the Comptroller General of the United States.
``(2) Covered exemption.--
``(A) In general.--The term `covered exemption'
means an exemption, including the adoption of
regulations or issuance of orders, as applicable,
under--
``(i) section 118(b);
``(ii) section 248(e); and
``(iii) section 604(f).
``(B) Inclusion.--The term `covered exemption'
includes an extension of a covered exemption, if that
extension is authorized under applicable law.
``(3) Joint resolution.--The term `joint resolution' means
a joint resolution of the House of Representatives or the
Senate that only expresses the approval of Congress of a
proposed use of a covered exemption set forth in a special
message.
``(4) Special message.--The term `special message' means a
special message transmitted by the President to the Senate and
the House of Representatives pursuant to subsection (c)(1).
``(b) Limitation on Use of Exemptions.--Notwithstanding any other
provision of this Act--
``(1) neither the President, the Administrator, the head of
any Federal department or agency, nor any office or employee of
the United States may use a covered exemption or, as
applicable, extend a covered exemption except after a joint
resolution is enacted in accordance with this section; and
``(2) neither the use of a covered exemption nor, as
applicable, the extension of a covered exemption shall have any
force or effect except after a joint resolution is enacted in
accordance with this section.
``(c) Proposed Use of Exemption.--
``(1) Transmittal of special message.--Whenever the
President, the Administrator, the head of any Federal
department or agency, or any officer or employee of the United
States proposes to use a covered exemption, the President shall
transmit to the Senate and the House of Representatives,
electronically or through physical means, a special message
describing--
``(A) the covered exemption proposed to be used;
``(B) the period of time during which the covered
exemption is proposed to be used;
``(C) the reasons for the proposed use of a covered
exemption, including any legal authority invoked to
justify that proposed use; and
``(D) all facts, circumstances, and considerations
relating to or bearing on the proposed use of the
covered exemption, including--
``(i) an analysis of the application of
those facts, circumstances and considerations
to any legal authority invoked to justify the
proposed use of the covered exemption; and
``(ii) to the maximum extent practicable,
the estimated effect of the proposed use.
``(2) Inclusion of multiple uses.--A special message may
include 1 or more proposed uses of covered exemptions.
``(3) Consistency with legislative policy.--
``(A) In general.--The use of a covered exemption
shall only be permissible as specifically provided by
law.
``(B) Limitation.--No officer or employee of the
United States may use a covered exemption for any
purpose other than a purpose described in subparagraph
(A).
``(d) Transmission of Special Messages; Publication.--
``(1) Delivery to houses of congress.--
``(A) In general.--Each special message shall--
``(i) be transmitted to the Senate and the
House of Representatives on the same day;
``(ii) if the Senate is not in session on
the day the special message is transmitted, be
delivered to the Secretary of the Senate; and
``(iii) if the House of Representatives is
not in session on the day the special message
is transmitted, be delivered to the Clerk of
the House of Representatives.
``(B) Committee referral; printing.--Each special
message transmitted to the Senate and the House of
Representatives shall--
``(i) be referred to the appropriate
committee of the Senate and the House of
Representatives; and
``(ii) be printed as a document of each
House.
``(2) Delivery to comptroller general.--
``(A) In general.--A copy of each special message
shall be transmitted to the Comptroller General on the
same day that the special message is transmitted to the
Senate and the House of Representatives.
``(B) Notification.--In order to assist Congress in
the exercise of the functions of Congress under this
section, the Comptroller General shall review each
special message and notify the Senate and the House of
Representatives as soon as practicable as to--
``(i) the facts surrounding the proposed
use of the applicable covered exemption; and
``(ii) whether or not (or to what extent),
in the judgment of the Comptroller General, the
proposed use of the applicable covered
exemption is in accordance with existing
statutory authority.
``(3) Transmission of supplementary messages.--
``(A) In general.--If any information contained in
a special message is subsequently revised, the
President shall transmit to both Houses of Congress and
the Comptroller General a supplementary message stating
and explaining the revision.
``(B) Applicability of provisions.--Any
supplementary message under subparagraph (A) shall be
delivered, referred, and printed as provided in
paragraph (1).
``(C) Comptroller general notification.--The
Comptroller General shall promptly notify the Senate
and the House of Representatives of any change in the
notification under paragraph (2)(B) that may
necessitated by the supplementary message under
subparagraph (A).
``(4) Printing in federal register.--Any special message
transmitted to Congress, and any supplementary message
transmitted to Congress under paragraph (3)(A), shall be
printed in the first issue of the Federal Register published
after the transmission.
``(5) Cumulative reports.--
``(A) In general.--Not later than the 10th day of
each month during a fiscal year, the President shall
submit to the Senate and the House of Representatives a
report that describes--
``(i) as of the first day of that month,
each special message transmitted to Congress
during the previous month; and
``(ii) with respect to each special message
transmitted to Congress during the previous
month, the information required to be submitted
in that special message.
``(B) Publication.--Each report submitted under
subparagraph (A) shall be printed in the first issue of
the Federal Register published after the submission of
the report to the Senate and the House of
Representatives.
``(e) Reports by Comptroller General.--
``(1) In general.--The Comptroller General shall submit to
both Houses of Congress a report described in paragraph (2) if
the Comptroller General finds that--
``(A) the President, the Administrator, the head of
any department or agency of the United States, or any
other officer or employee of the United States has
ordered, permitted, or approved the use of an exemption
under this Act that is a covered exemption; and
``(B) the President has failed to transmit a
special message with respect to the use of the covered
exemption.
``(2) Report.--A report under paragraph (1) shall include
any available information concerning the use of a covered
exemption described in that paragraph.
``(3) Applicability.--With respect to a report under
paragraph (1)--
``(A) the provisions of this section shall apply to
the proposed use of a covered exemption described in
that report in the same manner and with the same effect
as if the report were a special message transmitted by
the President; and
``(B) for purposes of this section, the report
shall be considered a special message.
``(f) Procedure in the Senate and House.--
``(1) Referral.--Any joint resolution introduced with
respect to a special message shall be referred to the Committee
on Environment and Public Works of the Senate or the Committee
on Energy and Commerce of the House of Representatives, as
applicable.
``(2) Discharge of committee.--
``(A) In general.--If the committee to which a
joint resolution has been referred has not reported the
joint resolution by the end of the 15-session day
period that begins on the date of the introduction of
the joint resolution, it shall be in order to move--
``(i) to discharge the committee from
further consideration of the joint resolution;
or
``(ii) to discharge the committee from
further consideration of any other joint
resolution with respect to the same special
message with respect to the same proposed use
of a covered exemption, as the case may be,
that has been referred to the committee.
``(B) Procedure on floor.--
``(i) Motion to discharge.--A motion to
discharge described in subparagraph (A)--
``(I) may be made only--
``(aa) by an individual
favoring the joint resolution;
and
``(bb) if supported by \1/
5\ of the Members of the
applicable House (a quorum
being present); and
``(II) may not be made after the
committee has reported a joint
resolution with respect to the same
special message.
``(ii) Status.--A motion to discharge
described in subparagraph (A) is--
``(I) privileged in the Senate; and
``(II) highly privileged in the
House of Representatives.
``(iii) Debate.--Debate on a motion to
discharge in described in subparagraph (A)
shall be limited to not more than 1 hour in
each House, the time for which--
``(I) in the Senate, shall be
divided equally between, and controlled
by, the majority leader and the
minority leader (or their designees);
and
``(II) in the House of
Representatives, shall be divided
equally between those favoring and
those opposing the joint resolution.
``(iv) No amendment.--No amendment to a
motion to discharge described in subparagraph
(A) shall be in order.
``(v) No motion to reconsider.--It shall
not be in order to move to reconsider the vote
by which a motion to discharge described in
subparagraph (A) is agreed to or disagreed to.
``(3) Floor consideration in the senate.--
``(A) Debate.--Debate in the Senate on any joint
resolution and debatable motions and appeals in
connection with that joint resolution shall be limited
to not more than 10 hours, with the time to be equally
divided between, and controlled by, the majority leader
and the minority leader (or their designees).
``(B) Motion to further limit debate.--A motion to
further limit debate on a joint resolution is not
debatable in the Senate.
``(C) No amendments or motions to recommit.--No
amendment to or motion to recommit a joint resolution
is in order in the Senate.
``(D) Vote required.--The Senate may only agree to
a joint resolution on the affirmative vote of \2/3\ of
the Members of the Senate present and voting.
``(4) Procedure in the house.--
``(A) Motion to proceed.--
``(i) In general.--When the Committee on
Energy and Commerce of the House of
Representatives has reported, or has been
discharged from further consideration, a joint
resolution, it shall at any time thereafter be
in order (even though a previous motion to the
same effect has been disagreed to) to move to
proceed to the consideration of the joint
resolution.
``(ii) Status.--A motion under clause (i)
shall be highly privileged and not debatable.
``(iii) No amendments or motions to
reconsider.--No amendment to or motion to
reconsider a motion under clause (i) shall be
in order.
``(B) Debate.--
``(i) In general.--Debate on a joint
resolution shall be limited to not more than 2
hours, which shall be divided equally between
those favoring and those opposing the joint
resolution.
``(ii) Motion to further limit debate.--A
motion to further limit debate on a joint
resolution in the House of Representatives
shall not be debatable.
``(iii) No amendments or motions to
recommit.--No amendment to or motion to
recommit a joint resolution in the House of
Representatives is in order.
``(iv) No motion to reconsider.--It shall
not be in order to move to reconsider the vote
by which a joint resolution is agreed to or
disagreed to in the House of Representatives.
``(v) Appeals.--All appeals from the
decisions of the Chair relating to the
application of the Rules of the House of
Representatives to the procedure relating to a
joint resolution shall be decided without
debate.
``(vi) Applicability of rules.--Except to
the extent specifically provided in this