FENCES Act
Latest action (Apr 17, 2026) — Received in the Senate and Read twice and on Environment and Public Works.
What it does
Congressional Research Service, Apr 9, 2026Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act
This bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control.
The bill provides that certain nonattainment areas (i.e., those classified as severe or extreme for ozone or as serious for particulate matter) are not subject to sanctions for implementation plan deficiencies or for fees for failing to attain national ambient air quality standards (NAAQS) if the state demonstrates it would have avoided deficiencies or attained its standards but for emissions outside of its control (e.g., emissions from an exceptional event like a wildfire). A state must renew its demonstration at least once every five years for exemption from the sanctions or fees to continue to apply.
The bill specifies that an area within a state may not be designated as a nonattainment area regarding any new or revised NAAQS for a pollutant if the state demonstrates it would be in attainment but for emissions emanating from outside of the country, regardless of whether the emissions resulted from human activity.
For purposes of approving a state implementation plan or meeting certain NAAQS, current law provides that a state may demonstrate to the Environmental Protection Agency that but for emissions emanating from outside of the country, it would have attained applicable NAAQS by the attainment date for certain pollutants. The bill specifies that such emissions emanating from outside the country may include emissions that result from human activity.
Face Value
as passed the HouseHow much of this bill its name accounts for.
- Every bill starts at100
- Nothing counted against it: one area of law, and short enough that length doesn't register.
Face Value measures reach, not honesty. A big bill can be accurately named, and a low score is not an accusation — it means the contents reach further than any short title could describe. Count it yourself ↗ How this is worked out
What Congress did
2 recordeddecisive vote
House · Apr 16, 2026
Whether the bill passes the House. This is the vote most people mean.
On
House · Apr 16, 2026
The minority party's last attempt to change the bill by sending it back to committee. It usually fails and is usually about forcing an awkward vote.
Who lobbied on this
3 organizationsThese organizations told Congress, in their own quarterly disclosures, that they were lobbying on this bill.
- Cleveland-cliffs Inc.no position stated
“…Events (FIRE) Act, to appropriately permit air emissions resulting from exceptional events to be excluded from the NAAQS attainment designations. H.R.6409, the Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act, to similarly clarify that emissions emanating…” filing ↗
- Interstate Natural Gas Association of Americano position stated
“…H.R. 6398, Reducing and Eliminating Duplicative Environmental Regulations Act (provisions relating to the interstate natural gas pipeline sector). H.R. 6409, Foreign Emissions and Nonattainment Clarification for Economic Stability Act (provisions relating to the interstate natural gas pipeline…” filing ↗
- Portland Cement Associationno position stated
“…H.R.6409: Foreign Emissions & Nonattainment Clarification for Economic Stability(FENCES)…” filing ↗
Most filings say only that an organization lobbied on a bill, not which side it took — where that's the case we say so rather than guessing. Quotes are verbatim from the filing. How this is built.
Discussion
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