No Passes for Polluters Act of 2026

Overview

No Passes for Polluters Act of 2026 (S. 4404, 118th Congress) amends the Clean Air Act to require congressional approval for certain executive exemptions, with new procedures for proposing, reviewing, and potentially blocking exemptions used by the President, the EPA Administrator, and other federal offices. The bill also revises existing exemption authorities and repeals or reshapes certain scheduling exemptions for hazardous pollutants.

Main purpose and intent

• Create a congressional check on the use or extension of executive exemptions under the Clean Air Act.
• Ensure that proposed uses or extensions of certain exemptions receive explicit approval from Congress via a joint resolution, rather than taking effect automatically.
• Rebalance control over regulatory exemptions by elevating legislative review and transparency, including mandatory reporting and public notice.

Key provisions and changes

• Section 330 (Congressional approval of use of exemptions):

  • Defines “covered exemptions” (including exemptions issued or extended under sections 118(b), 248(e), and 604(f), and extensions thereof).
  • Requires a joint resolution (expressing congressional approval) before any covered exemption can be used or extended.
  • Establishes a special message requirement: the President or agency head must transmit a detailed special message to both Houses describing the exemption, justification, time period, and anticipated effects.
  • Requires Comptroller General review and notification on special messages, and permits supplementary messages if information changes.
  • Mandates reporting to Congress on a monthly basis and publication in the Federal Register.
  • Creates a process for congressional consideration of joint resolutions, including discharge petition mechanics, floor debate limits, and voting thresholds (2/3 in the Senate; 2/3 in the House for approval).
  • Provides for enforcement via civil action if a covered exemption is used without a joint resolution.
  • Aligns with Senate and House rules and includes continuity provisions for session timing.

• Amendments to exemption authorities:

  • Section 118(b) exemptions:
  • Repeals a specific sentence and adds a requirement for 3-year reconsideration of the need for regulations issued under this authority, and ties extensions to a new joint resolution process.
  • Creates a framework requiring joint resolution authorization before regulatory exemptions can be enacted or extended, including for military property exemptions and other stated categories.

• Repeal/adjustment of exemptions related to hazardous air pollutants:

  • Repeals or reshapes exemption scheduling under Section 112(i), removing certain exemption tracks and redesignating subsections to fit the new congressional-approval framework.

Who is affected

• The Executive Branch: President, EPA Administrator, and heads of federal departments/agencies proposing or extending exemptions.
• Regulatory and compliance programs that rely on exemptions under sections 118(b), 248(e), 604(f), and related sections.
• Congress: required to adopt joint resolutions to authorize exemptions; new reporting and oversight duties.
• The public and environmental policy stakeholders through increased transparency and potential delays in implementing exemptions.

Procedural and timeline aspects

• Proposed exemptions cannot take effect without a Congress-approved joint resolution.
• Special messages and Comptroller General reviews are mandated before exemptions are considered.
• Monthly reporting to Congress and Federal Register publication are required.
• If Congress fails to act, exemptions do not have force.
• Discharge and floor-assembly procedures are defined with 15-session-day discharge windows and 2/3 Senate votes for final passage.

Note: The bill is introduced in April 2026 and is subject to committee action and potential amendments before any floor consideration.