H.R. 6409Passed one chamberEnvironment & energy
Bill would shield states from penalties over foreign air pollution
Data as of July 22, 2026
The FENCES Act would excuse states from federal air quality penalties caused by pollution drifting in from other countries.AI-decoded45-second read · 4 questions answered below
Decoded
AI-decodedWhat does this do?
The FENCES Act amends the Clean Air Act so states get relief from federal penalties when foreign pollution—whether from human activity or natural sources like wildfires—keeps them from meeting air quality standards. Areas cannot be labeled "nonattainment" if foreign pollution is the sole cause of failure. States must also prove every five years that they are already limiting vehicle emissions as much as possible to qualify for this relief, and must keep working toward overall clean air goals.
Who does it affect?
State environmental agencies and industries in areas affected by foreign pollution, particularly in the West and Southwest, are directly affected. Residents near international borders or wildfire-prone regions are also affected.
Why does it matter?
The change would reduce federal pressure and financial penalties on states dealing with pollution sources outside their control, without altering rules for domestic, human-caused pollution.
Where does it stand?
- Introduced
- House committee
- House vote
- Senate — You are here
- President's desk
Right now: it passed the House and now goes to the Senate. If the Senate changes it, it goes back to the House before reaching the President.
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Official title
FENCES Act
- Introduced:
- December 3, 2025
- Latest action:
- April 17, 2026
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Read the official bill on Congress.gov