S. 996 explained · 119th Congress · Pending in Congress
Preserving Choice in Vehicle Purchases Act of 2025
Cosponsors: 20 (0 D, 20 R) · per Congress.gov, 2026-10-12
Introduced: 2025-03-12
Latest action (2025-03-12): Read twice and referred to the Committee on Environment and Public Works.
What S. 996 does, in plain terms
Preserving Choice in Vehicle Purchases Act of 2025 This bill modifies the waiver process under the Clean Air Act related to state emission control standards for new motor vehicles (or new motor vehicle engines). Under current law, states are preempted from adopting or enforcing emission control standards for new motor vehicles (or new motor vehicle engines) unless the Environmental Protection Agency (EPA) provides a waiver authorizing a state to adopt such standards if certain requirements are met. The bill provides that state standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines are not eligible for waivers. The bill also prohibits the EPA from determining that any state standards amended after the bill's enactment are within the scope of an existing waiver. Additionally, the bill requires the EPA to revoke waivers granted between January 1, 2022, and the date of enactment of this bill if the standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Significant constitutional concerns
Graded 2026-10-11
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The bill raises significant federalism concerns by restricting state authority to set stricter emission standards, potentially undermining the cooperative federalism framework of the Clean Air Act. While it may be within Congress's commerce power, it consolidates decision-making at the federal level and restricts state experimentation, which is a core value of the Tenth Amendment. The bill does not directly infringe individual rights, but it limits state sovereignty in a way that requires careful constitutional scrutiny.
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✓ Passes · Enumerated powers
Congress has authority under the Commerce Clause (Article I, Section 8, Clause 3) to regulate interstate commerce, which includes motor vehicle emissions that cross state lines. The Clean Air Act's waiver process is a valid exercise of this power, and amending it falls within Congress's enumerated powers. -
✓ Passes · Bill of Rights
The bill does not implicate the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, or Ninth Amendments. It concerns state regulatory authority over vehicle emissions, not individual rights protected by the Bill of Rights. -
✓ Passes · Individual sovereignty
The bill does not restrict individual liberties directly. It affects state regulatory powers and the availability of certain vehicle types, but it does not infringe on personal autonomy, property rights, or freedom of contract in a manner that violates the Constitution. -
✗ Concern · Decentralization
The bill fails the decentralization test because it consolidates decision-making at the federal level by limiting state authority to set stricter emission standards. While states could still regulate under federal guidelines, the bill preempts state choices that directly or indirectly limit internal combustion engine vehicles, thereby reducing state autonomy and experimentation. This is a signific… -
✓ Passes · Due process and takings
The bill does not deprive any person of life, liberty, or property without due process. It does not involve takings of private property. The revocation of waivers is an administrative action that does not implicate the Takings Clause or procedural due process concerns.
Sources: Congress.gov: S 996 summary
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