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HR 9808

No Passes for Polluters Act of 2026

119th Congress Introduced by Suzanne Bonamici and 19 co-sponsors

The bill requires congressional approval via a joint resolution before any use or extension of specified Clean Air Act exemptions, adding oversight, transparency, and a veto-like c

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9808

Overview

No Passes for Polluters Act of 2026 (HR 9808) proposes a congressional approval process for the use and extension of certain exemptions under the Clean Air Act (CAA). It would require the President and federal agencies to obtain a joint resolution enacted by Congress before using or extending specified exemptions, effectively creating a veto-like mechanism over certain regulatory exemptions of air-pollution rules. The bill also makes targeted amendments to multiple CAA provisions to reflect this new approval requirement, and introduces enforcement and procedural provisions to ensure congressional oversight and transparency.

Main purpose and intent

  • Establish a mandatory congressional check on the use and extension of certain exemptions under the Clean Air Act.
  • Ensure that exemptions (and extensions thereof) can only take effect after a joint resolution of Congress is enacted.
  • Increase transparency and oversight by requiring detailed information about proposed exemptions to be transmitted to Congress, reviewed by the Comptroller General, and published in the Federal Register.

Key provisions and changes

  • Section 330: Congressional approval of use of exemptions

    • Defines key terms: Comptroller General, covered exemption (including exemptions under sections 118(b), 248(e), and 604(f) and extensions thereof), joint resolution, and special message.
    • Prohibits use or extension of any covered exemption unless a joint resolution approving the use/extension is enacted.
    • Requires a special message from the President to Congress describing:
    • The proposed exemption(s), duration, legal authority, and a full factual/ legal analysis of the proposed use, including estimated effects.
    • The special message may include multiple proposed exemptions.
    • Ensures the proposal aligns with the statutory authorities and policy.
    • Transmissions, publication, and reporting requirements (see below) accompany each special message.

  • Transmission, publication, and information flow

    • Special messages must be delivered to both Houses on the same day, referred to committees, and printed as a document in each House.
    • A copy must be sent to the Comptroller General, who reviews the message and informs Congress on consistency with statutory authority.
    • If information is revised, supplementary messages must be transmitted with the same procedural treatment; the Comptroller General must be updated accordingly.
    • Special messages (and supplementary messages) must be printed in the Federal Register after transmission.

  • Monthly and quarterly reporting

    • The President must submit a monthly cumulative report detailing all special messages transmitted in the prior month and their required information. These reports are printed in the Federal Register.

  • Comptroller General enforcement and reporting

    • If the President or agency orders/permits uses of a covered exemption without a transmitted special message, the Comptroller General must report this to Congress. The provisions apply to the proposed use as if it were a special message.

  • Procedural rules for Congress

    • Joint resolutions (approving uses) follow specific procedures in the Senate and House, including referral to appropriate committees (Environment and Public Works; Energy and Commerce), discharge mechanisms, time limits, debate durations, and required votes (2/3 of Members present and voting in both chambers).
    • Continuity of Congress rules and special floor considerations (including no amendments to discharge motions, limited debate times, and privileged/discharge status).

  • Section 118(b), 248(e), and 604(f) amendments

    • Repeal or modification of certain exemptions and their procedures, subject to subsequent authorization by a joint resolution under Section 330.
    • For executive branch exemptions, fleet exemptions, and phase-outs related to certain substances, the President may only grant or order exemptions if a corresponding joint resolution has been enacted authorizing the exemption/extension.
    • Specific changes include reconsideration intervals, extension parameters, and the time-limited nature of exemptions (often up to one year, with potential extensions contingent on new joint resolutions).

  • Repeal/reshape of prior exemption processes

    • Repeals or redesignates certain exemptions under Section 112(i) and related sections to ensure consistency with the new approval framework.

Who/what would be affected

  • Federal executive agencies, including the President, EPA Administrator, and department heads, as well as the executive branch emission sources.
  • Exemptions under specified Clean Air Act authorities (sections 118(b), 248(e), 604(f), and related provisions) that currently allow exemptions, orders, or extensions.
  • Congress, particularly the Committees on Energy and Commerce (House) and Environment and Public Works (Senate), which would actively vet and vote on joint resolutions approving exemptions.
  • The Comptroller General, which would review proposed exemptions and provide timely notifications to Congress.
  • Public stakeholders and regulatory transparency, due to required disclosures, reporting, and Federal Register publication.

Significant procedural and timeline aspects

  • No covered exemption may be used or extended without a congressional joint resolution approving it.
  • Special messages detailing exemptions must be transmitted to both Houses the same day, reviewed by the Comptroller General, and printed in the Federal Register; supplementary messages follow the same process.
  • Monthly federal reporting on exemption activity is required.
  • The House and Senate follow stringent discharge and floor procedures for joint resolutions, with 2/3 voting thresholds and limited debate.
  • Continuity of Congress rules adjust time calculations for deadlines and session breaks.
  • Enforcement includes potential civil action under section 304 if an exemption is used without a proper joint resolution.

Potential impact

  • Tightens control over agency exemptions, potentially slowing or redefining regulatory actions related to air pollution exemptions.
  • Elevates congressional oversight and transparency, increasing the likelihood of legislative debate and modification before exemptions take effect.
  • Could limit rapid regulatory adjustments by the executive branch in response to emergent air-quality concerns, unless accompanied by congressional approval.
  • Alters the balance of authority between the executive and legislative branches in environmental regulation.

Compiled from official sources — confirm details with the bill’s official record.

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