{"format":1,"id":"119-hr-6409","congress":119,"number":"H.R. 6409","kind":"bill","group":"bills","title":"FENCES Act","title_source":"Short Title(s) as Passed House","official_title":"To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes."},{"type":"Display Title","title":"FENCES Act"},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Foreign Emissions and Nonattainment Clarification for Economic Stability Act"},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"FENCES Act"},{"type":"Official Title from EH (Engrossed in House) bill text","title":"To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes."},{"type":"Short Title(s) as Passed House","title":"FENCES Act"},{"type":"Short Title(s) as Passed House","title":"Foreign Emissions and Nonattainment Clarification for Economic Stability Act"},{"type":"Short Title(s) as Reported to House","title":"FENCES Act"},{"type":"Short Title(s) as Reported to House","title":"Foreign Emissions and Nonattainment Clarification for Economic Stability Act"},{"type":"Short Title(s) as Introduced","title":"FENCES Act"},{"type":"Short Title(s) as Introduced","title":"Foreign Emissions and Nonattainment Clarification for Economic Stability Act"}],"outcome":"passed_house","law_number":null,"introduced":"2025-12-03","chambers":{"house":{"status":"roll_call","date":"2026-04-16","vote":{"id":"119-2026-h116","question":"On Passage","title":"FENCES Act","result":"Passed","yea":220,"nay":208,"present":0,"not_voting":3,"source":"https://clerk.house.gov/evs/2026/roll116.xml"}},"senate":{"status":"pending","date":null,"vote":null}},"president":{"status":"not_yet","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.","date":"2026-04-17"},"nominees":null,"amendments":[],"other_votes":[{"chamber":"house","date":"2026-04-16","question":"On Motion to Recommit","title":"FENCES Act","result":"Failed","yea":213,"nay":215,"present":0,"not_voting":3,"kind":"procedural","source":"https://clerk.house.gov/evs/2026/roll115.xml"}],"crs_summary":{"date":"2026-04-09","stage":"Reported to House","blocks":[{"k":"h","t":"Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act"},{"k":"p","t":"This bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."}],"words":250},"summary":{"main_subject":{"text":"Amends the Clean Air Act so that emissions from outside the United States, whether or not from human activity, and certain other emissions beyond a State's control can bar nonattainment designations and the application of sanctions and fees.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}]},"core_areas":["Clean Air Act treatment of emissions from outside the United States","Nonattainment area designations under national ambient air quality standards","Sanctions and fees for ozone and particulate matter nonattainment areas"],"what_it_does":[{"text":"Adds the words \"regardless of whether such emissions result from human activity\" to each place the Clean Air Act refers to emissions emanating from outside the United States in its provision on such emissions.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}},{"text":"Bars designating an area as nonattainment for a new or revised national ambient air quality standard if the State establishes to the Administrator's satisfaction that the area would attain it but for emissions from outside the United States.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}},{"text":"Creates a new Clean Air Act section under which no sanction or fee applies to a State, area or source in a Severe or Extreme ozone area or a Serious particulate matter area if the State makes the required demonstration.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}},{"text":"Lists the causes the State may cite in that demonstration: emissions from outside the nonattainment area, emissions from an exceptional event, and mobile source emissions beyond the State's control where the State is fully implementing the measures within its authority.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}},{"text":"States that the inapplicability of sanctions or fees does not change any obligation under other Clean Air Act provisions to establish and implement measures to attain the ozone or particulate matter standards.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}},{"text":"Requires a State to renew its demonstration at least once every 5 years for the sanction and fee exemption to continue to apply.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh#H34E98C2FA9B342058DD797398C29F32A"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2026-04-16","rule":"passed","href":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-03","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/119th-congress/house-bill/6409","text":"https://www.congress.gov/bill/119th-congress/house-bill/6409/text"},"card":{"image":"card/item/119-hr-6409.png","v":"2c3633b5d9a4","alt":"Votes on Record. H.R. 6409, 119th Congress: FENCES Act. House: 220 Yea, 208 Nay. Senate: not yet considered. Outcome: Passed House, 16 Apr 2026."}}