Legis Daily

FENCES Act

USA119th CongressS-3836| Senate 
| Updated: 2/11/2026
Cynthia M. Lummis

Cynthia M. Lummis

Republican Senator

Wyoming

Cosponsors (1)
Mike Lee (Republican)

Environment and Public Works Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill amends the Clean Air Act to provide states with relief from certain air quality regulations when nonattainment is due to factors beyond their control. It clarifies that "emissions emanating from outside the United States" include those from both human activity and natural sources, broadening the scope of what can be considered external pollution. A key provision prevents an area from being designated as a nonattainment area for new or revised national ambient air quality standards if the state can demonstrate that it would meet the standards but for these foreign emissions. This aims to avoid penalizing states for pollution originating beyond their borders. Furthermore, the bill introduces a new section to exempt states from specific sanctions and fees under the Clean Air Act for certain severe nonattainment areas (ozone or particulate matter). This exemption applies if the state proves that its failure to attain standards or address deficiencies is due to emissions from outside the nonattainment area exceptional events or mobile source emissions beyond the state's control . States must still implement measures to attain air quality standards and renew their demonstration for exemption every five years.
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Timeline
Feb 11, 2026
Introduced in Senate
Feb 11, 2026
Read twice and referred to the Committee on Environment and Public Works.
Apr 15, 2026

Latest Companion Bill Action

HR 119-6409
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6409, the Chair put the question on motion to recommit, and by voice vote, announced that the noes had prevailed. Mr. Min demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  • February 11, 2026
    Introduced in Senate


  • February 11, 2026
    Read twice and referred to the Committee on Environment and Public Works.


  • April 15, 2026

    Latest Companion Bill Action

    HR 119-6409
    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6409, the Chair put the question on motion to recommit, and by voice vote, announced that the noes had prevailed. Mr. Min demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

Environmental Protection

Related Bills

  • HR 119-6409: FENCES Act
Air qualityClimate change and greenhouse gasesSanctionsState and local government operationsTrade restrictionsUser charges and fees

FENCES Act

USA119th CongressS-3836| Senate 
| Updated: 2/11/2026
This bill amends the Clean Air Act to provide states with relief from certain air quality regulations when nonattainment is due to factors beyond their control. It clarifies that "emissions emanating from outside the United States" include those from both human activity and natural sources, broadening the scope of what can be considered external pollution. A key provision prevents an area from being designated as a nonattainment area for new or revised national ambient air quality standards if the state can demonstrate that it would meet the standards but for these foreign emissions. This aims to avoid penalizing states for pollution originating beyond their borders. Furthermore, the bill introduces a new section to exempt states from specific sanctions and fees under the Clean Air Act for certain severe nonattainment areas (ozone or particulate matter). This exemption applies if the state proves that its failure to attain standards or address deficiencies is due to emissions from outside the nonattainment area exceptional events or mobile source emissions beyond the state's control . States must still implement measures to attain air quality standards and renew their demonstration for exemption every five years.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 11, 2026
Introduced in Senate
Feb 11, 2026
Read twice and referred to the Committee on Environment and Public Works.
Apr 15, 2026

Latest Companion Bill Action

HR 119-6409
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6409, the Chair put the question on motion to recommit, and by voice vote, announced that the noes had prevailed. Mr. Min demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  • February 11, 2026
    Introduced in Senate


  • February 11, 2026
    Read twice and referred to the Committee on Environment and Public Works.


  • April 15, 2026

    Latest Companion Bill Action

    HR 119-6409
    POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6409, the Chair put the question on motion to recommit, and by voice vote, announced that the noes had prevailed. Mr. Min demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Cynthia M. Lummis

Cynthia M. Lummis

Republican Senator

Wyoming

Cosponsors (1)
Mike Lee (Republican)

Environment and Public Works Committee

Environmental Protection

Related Bills

  • HR 119-6409: FENCES Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Air qualityClimate change and greenhouse gasesSanctionsState and local government operationsTrade restrictionsUser charges and fees