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119-s-3836119th Congress

FENCES Act

Sponsored By: Senator Lummis, Cynthia M. [R-WY]

Introduced

Summary

Would block federal nonattainment designations and sanctions when pollution can be shown to come from outside the United States. The bill clarifies that emissions beyond U.S. borders, including non‑human sources, are part of attainment tests and creates a path for states to avoid penalties if they can prove foreign or uncontrollable sources caused the problem.

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  • States: Would let a state avoid a nonattainment label for ozone or particulate matter if it shows the area would meet standards but for emissions from outside the U.S. States must renew that demonstration at least once every five years.
  • Border and coastal communities: Would reduce the chance they face federal sanctions or fees when pollution crosses borders or stems from exceptional natural events. That could change local obligations tied to Severe, Extreme, or Serious classifications.
  • Federal regulators and enforcement: Would expand the Clean Air Act's reach to explicitly consider foreign and non‑human emissions and create a new rule that can preclude sanctions or fees when certain demonstrations succeed.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Avoid federal sanctions for uncontrollable pollution

If enacted, this would add a new rule that lets certain Severe or Serious nonattainment areas avoid EPA sanctions or fees. A State could avoid sanctions if it shows the shortfall would have been avoided but for: emissions from outside the area, an exceptional event, or mobile-source emissions beyond the State’s control while the State is fully implementing its measures. The State would still have to adopt and run plans to meet air quality standards. The State would need to renew this demonstration at least once every five years.

Stop nonattainment labels from foreign pollution

If enacted, this would change how Section 179B works so a State could prevent an area from being designated nonattainment when foreign-origin emissions cause the problem. The bill would make clear those outside-U.S. emissions count "regardless of whether such emissions result from human activity." A State must satisfy the Administrator that the area would be in attainment but for those outside-U.S. emissions. This change would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Lummis, Cynthia M. [R-WY]

WY • R

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 3/4/2026

Roll Call Votes

No roll call votes available for this bill.

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