FENCES Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 6409 Referred in Senate (RFS)] <DOC> 119th CONGRESS 2d Session H. R. 6409 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 17 (legislative day, April 14), 2026 Received; read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ AN ACT To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Emissions and Nonattainment Clarification for Economic Stability Act'' or the ``FENCES Act''. SEC. 2. EMISSIONS BEYOND CONTROL. (a) Clarification of Emissions Covered.--Section 179B of the Clean Air Act (42 U.S.C. 7509a) is amended-- (1) by inserting ``(regardless of whether such emissions result from human activity)'' after ``but for emissions emanating from outside of the United States'' each place it appears; and (2) in subsection (d), by inserting ``(regardless of whether such emissions result from human activity)'' after ``but for emissions emanating from outside the United States''. (b) Designations.--Section 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following: ``(e) Designations.--Notwithstanding any other provision of law, an area within a State may not be designated as a nonattainment area with respect to any new or revised primary or secondary national ambient air quality standard for a pollutant if such State establishes to the satisfaction of the Administrator that such area would be in attainment with such national ambient air quality standard for such pollutant but for emissions emanating from outside of the United States (regardless of wheth