Bill

H.R. 6409 (119th): Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act

Foreign 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.

house · Substantive

Rankings updated October 26, 2026, 11:44 AM ET · Votes through September 30, 2026
Exported candidates: 719 | Filings on file, by office: H: 5838 | P: 1467 | S: 1567. These counts include every filing for that office, so they are larger than the ranked list. One person can have more than one filing. Non-voting delegates are left out.

Official source

Summary

Recorded summary

The bill amends Clean Air Act provisions so that certain severe or extreme ozone and serious particulate-matter nonattainment areas are not subject to implementation-plan sanctions or attainment fees if a state shows that it would have met the standards but for emissions outside its control, such as exceptional events like wildfires. The exemption must be renewed every five years. The bill also bars designating an area as nonattainment for a new or revised national ambient air quality standard if the state shows it would be in attainment but for emissions from outside the country, including emissions from human activity.

air_qualityenvironmentfederalismregulatory_compliance

Theological note: This bill touches stewardship of creation and the neighbor's right to clean air, since it changes how responsibility for air quality is assigned between states and sources. It also raises questions of honest accountability, because it excuses some nonattainment consequences based on causes outside a state's control. These are relevant considerations for prudential judgment, not a final moral verdict on the bill.

Scoring

How this bill is scored

Debt and war Cloture and Tier 1 Procedural votes Scoring mechanics

Roll

Recorded votes

Roll 115 · 16-Apr-2026 12:13 PM · On Motion to Recommit · Failed

Yea 213 · Nay 215 · Other 3

Yea

Nay

Other

Roll 116 · 16-Apr-2026 12:20 PM · On Passage · Passed

Yea 220 · Nay 208 · Other 3

Yea

Nay

Other

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