,,ii  #aaith ,,congress  #b;d ,session  
,s4 #ddjd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bg1    
#bjbf,mr4 ,whitehouse 7for himself and  
,mr4 ,schiff7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to amend the
 ,clean ,air ,act to require ,congress  
to approve of the application of certain
 executive exemptions under that ,act1  
to strike an exemption under that ,act1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the ,no
 ,passes for ,polluters ,act of #bjbf4  
#b4 ,congressional approval of use of   
exemptions under the ,clean ,air ,act   
7a7 ,approval process  7#a7 ,in general 
,title ,,iii of the ,clean ,air ,act    
7#db ,u4,s4,c4 #gfja et seq47 is amended
 by adding at the end the following3    
#ccj4 ,congressional approval of use of 
exemptions  7a7 ,definitions ,in this   
section3 7#a7 ,comptroller ,general ,the
 term ,comptroller ,general means the   

,comptroller ,general of the ,united    
,states4  7#b7 ,covered exemption  7,a7 
,in general ,the term covered exemption 
means an exemption1 including the       
adoption of regulations or issuance of  
orders1 as applicable1 under-- 7i7      
section #aah7;b72  7ii7 section         
#bdh7;e72 and  7iii7 section #fjd7;f74  
7,b7 ,inclusion ,the term covered       
exemption includes an extension of a    
covered exemption1 if that extension is 
authorized under applicable law4  7#c7  
,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
 message4  7#d7 ,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 
7c77#a74  7b7 ,limitation on use of     
exemptions ,notwithstanding any other   

provision of this ,act-- 7#a7 neither   
the ,president1 the ,administrator1 the 
head of any ,federal department or      
agency1 nor any office or employee of   
the ,united ,states may use a covered   
exemption or1 as applicable1 extend a   
covered exemption except after a joint  
resolution is enacted in accordance with
 this section2 and  7#b7 neither the use
 of a covered exemption nor1 as         
applicable1 the extension of a covered  
exemption shall have any force or effect
 except after a joint resolution is     
enacted in accordance with this section4
  7c7 ,proposed use of exemption  7#a7  
,transmittal of special message         
,whenever the ,president1 the           
,administrator1 the head of any ,federal
 department or agency1 or any officer or
 employee of the ,united ,states        
proposes to use a covered exemption1 the
 ,president shall transmit to the       
,senate and the ,house of               
,representatives1 electronically or     
through physical means1 a special       

message describing-- 7,a7 the covered   
exemption proposed to be used2  7,b7 the
 period of time during which the covered
 exemption is proposed to be used2  7,c7
 the reasons for the proposed use of a  
covered exemption1 including any legal  
authority invoked to justify that       
proposed use2 and  7,d7 all facts1      
circumstances1 and considerations       
relating to or bearing on the proposed  
use of the covered exemption1           
including-- 7i7 an analysis of the      
application of those facts1             
circumstances and considerations to any 
legal authority invoked to justify the  
proposed use of the covered exemption2  
and  7ii7 to the maximum extent         
practicable1 the estimated effect of the
 proposed use4  7#b7 ,inclusion of      
multiple uses ,a special message may    
include #a or more proposed uses of     
covered exemptions4  7#c7 ,consistency  
with legislative policy  7,a7 ,in       
general ,the use of a covered exemption 
shall only be permissible as            

specifically provided by law4  7,b7     
,limitation ,no officer or employee of  
the ,united ,states may use a covered   
exemption for any purpose other than a  
purpose described in subparagraph 7,a74 
7d7 ,transmission of special messages2  
publication  7#a7 ,delivery to ,houses  
of ,congress  7,a7 ,in general ,each    
special message shall-- 7i7 be          
transmitted to the ,senate and the      
,house of ,representatives on the same  
day2  7ii7 if the ,senate is not in     
session on the day the special message  
is transmitted1 be delivered to the     
,secretary of the ,senate2 and  7iii7 if
 the ,house of ,representatives is not  
in session on the day the special       
message is transmitted1 be delivered to 
the ,clerk of the ,house of             
,representatives4  7,b7 ,committee      
referral2 printing ,each special message
 transmitted to the ,senate and the     
,house of ,representatives shall-- 7i7  
be referred to the appropriate committee
 of the ,senate and the ,house of       

,representatives2 and  7ii7 be printed  
as a document of each ,house4  7#b7     
,delivery to ,comptroller ,general  7,a7
 ,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        
,representatives4  7,b7 ,notification   
,in order to assist ,congress in the    
exercise of the functions of ,congress  
under this section1 the ,comptroller    
,general shall review each special      
message and notify the ,senate and the  
,house of ,representatives as soon as   
practicable as to-- 7i7 the facts       
surrounding the proposed use of the     
applicable covered exemption2 and  7ii7 
whether or not 7or to what extent71 in  
the judgment of the ,comptroller        
,general1 the proposed use of the       
applicable covered exemption is in      
accordance with existing statutory      
authority4  7#c7 ,transmission of       
supplementary messages  7,a7 ,in general

 ,if any information contained in a     
special message is subsequently revised1
 the ,president shall transmit to both  
,houses of ,congress and the            
,comptroller ,general a supplementary   
message stating and explaining the      
revision4  7,b7 ,applicability of       
provisions ,any supplementary message   
under subparagraph 7,a7 shall be        
delivered1 referred1 and printed as     
provided in paragraph 7#a74  7,c7       
,comptroller ,general notification ,the 
,comptroller ,general shall promptly    
notify the ,senate and the ,house of    
,representatives of any change in the   
notification under paragraph 7#b77;,b7  
that may necessitated by the            
supplementary message under subparagraph
 7,a74  7#d7 ,printing in ,federal      
,register ,any special message          
transmitted to ,congress1 and any       
supplementary message transmitted to    
,congress under paragraph 7#c77;,a71    
shall be printed in the first issue of  
the ,federal ,register published after  

the transmission4  7#e7 ,cumulative     
reports  7,a7 ,in general ,not later    
than the #ajth day of each month during 
a fiscal year1 the ,president shall     
submit to the ,senate and the ,house of 
,representatives a report that          
describes-- 7i7 as of the first day of  
that month1 each special message        
transmitted to ,congress during the     
previous month2 and  7ii7 with respect  
to each special message transmitted to  
,congress during the previous month1 the
 information required to be submitted in
 that special message4  7,b7            
,publication ,each report submitted     
under subparagraph 7,a7 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 ,representatives4  7e7        
,reports by ,comptroller ,general  7#a7 
,in general ,the ,comptroller ,general  
shall submit to both ,houses of         
,congress a report described in         
paragraph 7#b7 if the ,comptroller      

,general finds that-- 7,a7 the          
,president1 the ,administrator1 the head
 of any department or agency of the     
,united ,states1 or any other officer or
 employee of the ,united ,states has    
ordered1 permitted1 or approved the use 
of an exemption under this ,act that is 
a covered exemption2 and  7,b7 the      
,president has failed to transmit a     
special message with respect to the use 
of the covered exemption4  7#b7 ,report 
,a report under paragraph 7#a7 shall    
include any available information       
concerning the use of a covered         
exemption described in that paragraph4  
7#c7 ,applicability ,with respect to a  
report under paragraph 7#a7-- 7,a7 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 ,president2 and     
7,b7 for purposes of this section1 the  
report shall be considered a special    

message4  7f7 ,procedure in the ,senate 
and ,house  7#a7 ,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 ,representatives1 as applicable4     
7#b7 ,discharge of committee  7,a7 ,in  
general ,if the committee to which a    
joint resolution has been referred has  
not reported the joint resolution by the
 end of the #ae-session day period that 
begins on the date of the introduction  
of the joint resolution1 it shall be in 
order to move-- 7i7 to discharge the    
committee from further consideration of 
the joint resolution2 or  7ii7 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 exemption1 as
 the case may be1 that has been referred
 to the committee4  7,b7 ,procedure on  

floor  7i7 ,motion to discharge ,a      
motion to discharge described in        
subparagraph 7,a7-- 7,i7 may be made    
only-- 7aa7 by an individual favoring   
the joint resolution2 and  7bb7 if      
supported by #a_/e of the ,members of   
the applicable ,house 7a quorum being   
present72 and  7,,ii7 may not be made   
after the committee has reported a joint
 resolution with respect to the same    
special message4  7ii7 ,status ,a motion
 to discharge described in subparagraph 
7,a7 is-- 7,i7 privileged in the        
,senate2 and  7,,ii7 highly privileged  
in the ,house of ,representatives4      
7iii7 ,debate ,debate on a motion to    
discharge in described in subparagraph  
7,a7 shall be limited to not more than  
#a hour in each ,house1 the time for    
which-- 7,i7 in the ,senate1 shall be   
divided equally between1 and controlled 
by1 the majority leader and the minority
 leader 7or their designees72 and       
7,,ii7 in the ,house of                 
,representatives1 shall be divided      

equally between those favoring and those
 opposing the joint resolution4  7iv7   
,no amendment ,no amendment to a motion 
to discharge described in subparagraph  
7,a7 shall be in order4  7v7 ,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 7,a7 is agreed to or       
disagreed to4  7#c7 ,floor consideration
 in the ,senate  7,a7 ,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 #aj   
hours1 with the time to be equally      
divided between1 and controlled by1 the 
majority leader and the minority leader 
7or their designees74  7,b7 ,motion to  
further limit debate ,a motion to       
further limit debate on a joint         
resolution is not debatable in the      
,senate4  7,c7 ,no amendments or motions
 to recommit ,no amendment to or motion 
to recommit a joint resolution is in    

order in the ,senate4  7,d7 ,vote       
required ,the ,senate may only agree to 
a joint resolution on the affirmative   
vote of #b_/c of the ,members of the    
,senate present and voting4  7#d7       
,procedure in the ,house  7,a7 ,motion  
to proceed  7i7 ,in general ,when the   
,committee on ,energy and ,commerce of  
the ,house of ,representatives has      
reported1 or has been discharged from   
further consideration1 a joint          
resolution1 it shall at any time        
thereafter be in order 7even though a   
previous motion to the same effect has  
been disagreed to7 to move to proceed to
 the consideration of the joint         
resolution4  7ii7 ,status ,a motion     
under clause 7i7 shall be highly        
privileged and not debatable4  7iii7 ,no
 amendments or motions to reconsider ,no
 amendment to or motion to reconsider a 
motion under clause 7i7 shall be in     
order4  7,b7 ,debate  7i7 ,in general   
,debate on a joint resolution shall be  
limited to not more than #b hours1 which

 shall be divided equally between those 
favoring and those opposing the joint   
resolution4  7ii7 ,motion to further    
limit debate ,a motion to further limit 
debate on a joint resolution in the     
,house of ,representatives shall not be 
debatable4  7iii7 ,no amendments or     
motions to recommit ,no amendment to or 
motion to recommit a joint resolution in
 the ,house of ,representatives is in   
order4  7iv7 ,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 ,representatives4  7v7 
,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 debate4  7vi7           
,applicability of rules ,except to the  
extent specifically provided in this    
paragraph1 consideration of a joint     
resolution shall be governed by the     

,rules of the ,house of ,representatives
 applicable to other joint resolutions  
in similar circumstances4  7,c7 ,vote   
required ,the ,house of ,representatives
 may only agree to a joint resolution on
 the affirmative vote of #b_/c of the   
,members of the ,house of               
,representatives present and voting4    
7#e7 ,continuity of ,congress ,for      
purposes of any time limit under this   
section-- 7,a7 the continuity of a      
session of ,congress shall be considered
 broken only by an adjournment of       
,congress sine die2 and  7,b7 the days  
on which either ,house is not in session
 because of an adjournment of more than 
#c days to a day certain shall be       
excluded in the computation of the      
#ae-;day period described in paragraph  
7#b77;,a74  7#f7 ,exercise of rulemaking
 powers ,this subsection is enacted--   
7,a7 as an exercise of the rulemaking   
power of the ,senate and the ,house of  
,representatives1 respectively1 and as  
such is deemed a part of the rules of   

each ,house1 respectively1 but only with
 respect to the procedure to be followed
 in the ,house in the case of joint     
resolutions1 and supersedes other rules 
only to the extent that it is           
inconsistent with such other rules2 and 
7,b7 with full recognition of the       
constitutional right of either ,house to
 change the rules 7relating to the      
procedure of that ,house7 at any time1  
in the same manner1 and to the same     
extent as in the case of any other rule 
of that ,house4  7g7 ,enforcement ,a    
person may commence a civil action under
 section #cjd on his or her own behalf  
against any person 7including1          
notwithstanding any provision of that   
section1 the ,united ,states1 the       
,president1 the ,administrator1 the head
 of any ,federal department or agency1  
and any officer or employee of the      
,united ,states7 who is alleged to use a
 covered exemption a joint resolution   
for which has not been enacted in       
accordance with this section4  4  7#b7  

,conforming amendment ,section #cjd7;b7 
of the ,clean ,air ,act 7#db ,u4,s4,c4  
#gfjd7;b77 is amended1 in the           
undesignated matter following paragraph 
7#b71 by striking 7f77#d7 and inserting 
7f77#d71 a civil action described in    
section #ccj7;g71 or4  7b7 ,other       
amendments  7#a7 ,exemption of executive
 branch emissions from requirements     
under the ,clean ,air ,act ,section     
#aah7;b7 of the ,clean ,air ,act 7#db   
,u4,s4,c4 #gdah7;b77 is amended-- 7,a7  
by striking the sixth sentence2  7,b7 by
 striking the fifth sentence and        
inserting the following3  7,b7          
,reconsideration ,the ,president shall  
reconsider the need for any regulations 
issued under subparagraph 7,a7 at       
#c-year intervals4  2  7,c7 in the      
fourth sentence-- 7i7 by inserting and  
subject to the enactment of a joint     
resolution under section #ccj           
authorizing the regulations after to do 
so2  7ii7 by striking he determines and 
inserting the ,president determines2 and

  7iii7 by striking ,in addition to any 
such exemption of a particular emission 
source and inserting the following3     
7#b7 ,exemption for military property   
7,a7 ,in general ,in addition to any    
exemption of a particular emission      
source under paragraph 7#a7  2  7,d7 in 
the third sentence-- 7i7 by inserting 1 
subject to the enactment of a new joint 
resolution under section #ccj           
authorizing the extension1 after        
exemptions may2 and  7ii7 by striking   
,any exemption and inserting the        
following3  7,c7 ,term2 extension ,any  
exemption  2  7,e7 in the second        
sentence1 by striking ,no such extension
 shall be granted due to and inserting  
the following3  7,b7 ,requirement ,the  
,president may not propose under section
 #ccj to use an exemption under         
subparagraph 7,a7 as a result of a  2   
and  7,f7 in the first sentence1 by     
striking 7b7 ,the ,president and all    
that follows through he determines and  
inserting the following3  7b7           

,exemptions  7#a7 ,executive branch     
7,a7 ,in general ,the ,president may1   
subject to the enactment of a joint     
resolution under section #ccj           
authorizing the exemption1 exempt any   
emission source of any department1      
agency1 or instrumentality in the       
executive branch from compliance with   
such a requirement if the ,president    
determines  4  7#b7 ,exemption from     
,federal agency fleet requirements      
,section #bdh7;e7 of the ,clean ,air    
,act 7#db ,u4,s4,c4 #gehh7;e77 is       
amended by inserting 1 subject to the   
enactment of a joint resolution under   
section #ccj authorizing the exemption  
before the period at the end4  7#c7     
,exemption from phase-out of production 
and consumption of certain substances   
,section #fjd7;f7 of the ,clean ,air    
,act 7#db ,u4,s4,c4 #gfga;c7f77 is      
amended-- 7,a7 in the eighth sentence1  
by striking ,no exemption shall be      
granted under this paragraph due to and 
inserting the following3  7#c7          

,requirement ,the ,president may not    
propose under section #ccj to issue an  
order under this subsection as a result 
of a  2  7,b7 in the seventh sentence1  
by striking ,each such additional       
exemption and inserting the following3  
7,b7 ,period ,each additional exemption 
under subparagraph 7,a7  2  7,c7 by     
striking the sixth sentence and         
inserting the following3  7#b7          
,extensions  7,a7 ,in general ,the      
,president may1 subject to the enactment
 of a new joint resolution under section
 #ccj authorizing the additional        
exemption1 grant additional exemptions  
under this subsection4  2  7,d7 by      
striking the third1 fourth1 and fifth   
sentences and inserting the following3  
7,c7 ,period ,an exemption under        
subparagraph 7,a7 shall be for a        
specified period1 which may not exceed  
#a year4  2  7,e7 in the second         
sentence1 by striking ,such orders and  
inserting the following3  7,b7 ,scope   
,an order under subparagraph 7,a7  2 and

  7,f7 in the first sentence-- 7i7 by   
inserting 1 before seeking that joint   
resolution1 after if the ,president2    
7ii7 by inserting and subject to the    
enactment of a joint resolution under   
section #ccj authorizing the order after
 ,montreal ,protocol2 and  7iii7 by     
striking ,the ,president and inserting  
the following3  7#a7 ,orders  7,a7 ,in  
general ,the ,president  4  #c4 ,repeal 
of exemption from schedule for          
compliance for hazardous air pollutants 
7a7 ,in general ,section #aab7;i7 of the
 ,clean ,air ,act 7#db ,u4,s4,c4        
#gdab7;i77 is amended-- 7#a7 in         
paragraph 7#c77;,a71 by striking        
paragraphs 7#d7 through 7#h7 and        
inserting paragraphs 7#d7 through 7#g72 
7#b7 by striking paragraph 7#d72 and    
7#c7 by redesignating paragraphs 7#e7   
through 7#h7 as paragraphs 7#d7 through 
7#g71 respectively4  7b7 ,conforming    
amendments  7#a7 ,section #aab of the   
,clean ,air ,act 7#db ,u4,s4,c4 #gdab7  
is amended-- 7,a7 in subsection         

7d77#h77;,c71 in the first sentence1 by 
striking subsection 7i77#h7 and         
inserting subsection 7i77#g72 and  7,b7 
in subsection 7j77#e7-- 7i7 in the      
second sentence1 by striking subsection 
7i77#e7 and inserting subsection        
7i77#d72 and  7ii7 in the third         
sentence1 by striking subsection        
7i77#e77;,a7 and inserting subsection   
7i77#d77;,a74  7#b7 ,paragraph 7#a77;,a7
 of section #aah7;b7 of the ,clean ,air 
,act 7#db ,u4,s4,c4 #gdah7;b77 7as      
amended by section #b7;b77#a77 is       
amended1 in the first sentence1 by      
striking 1 and an exemption from section
 #aab may be granted only in accordance 
with section #aab7;i77#d74