FOREIGN EMISSIONS AND NONATTAINMENT CLARIFICATION FOR ECONOMIC STABILITY ACT

On 2026-04-15, Representative Dave Min (D-CA-47) delivered a floor speech titled "FOREIGN EMISSIONS AND NONATTAINMENT CLARIFICATION FOR ECONOMIC STABILITY ACT" in the House. The speech addressed immigration and also covered healthcare, taxes. It referenced legislation including HR6409, HR6398, HR6387, among other bills.

FOREIGN EMISSIONS AND NONATTAINMENT CLARIFICATION FOR ECONOMIC STABILITY ACT

Congressional Record, Volume 172 Issue 66 (Wednesday, April 15, 2026) [Congressional Record Volume 172, Number 66 (Wednesday, April 15, 2026)] [House] [Pages H2902-H2909] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] FOREIGN EMISSIONS AND NONATTAINMENT CLARIFICATION FOR ECONOMIC STABILITY ACT Mr. PALMER. Mr. Speaker, pursuant to House Resolution 1174, I call up the bill (H.R. 6409) to amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 1174, the bill is considered read. The text of the bill is as follows: H.R. 6409 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 whether such emissions result from human activity).''. (c) Applicability of Sanctions and Fees if Emissions Beyond Control.--The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 179B the following new section: ``SEC. 179C. APPLICABILITY OF SANCTIONS AND FEES IF EMISSIONS BEYOND CONTROL. ``(a) In General.--Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following: ``(1) Emissions emanating from outside the nonattainment area. [[Page H2903]] ``(2) Emissions from an exceptional event (as defined in section 319(b)(1)). ``(3) Emissions from mobile sources to the extent the State demonstrates that-- ``(A) such emissions are beyond the control of the State to reduce or eliminate; and ``(B) the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources. ``(b) No Effect on Underlying Standards.--The inapplicability of sanctions or fees with respect to a State (or an area or source therein) pursuant to subsection (a) does not affect the obligation of a State, area, source, or other entity under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter. ``(c) Periodic Renewal of Demonstration.--For subsection (a) to continue to apply with respect to a State (or an area or source therein), the State involved shall renew the demonstration required by subsection (a) at least once every 5 years.''. The SPEAKER pro tempore. The bill shall be debatable for 1 hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees. The gentleman from Alabama (Mr. Palmer) and the gentleman from New Jersey (Mr. Pallone) each will control 30 minutes. The Chair recognizes the gentleman from Alabama (Mr. Palmer). General Leave Mr. PALMER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on the legislation and to include extraneous material on H.R. 6409. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Alabama? There was no objection. Mr. PALMER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 6409, the FENCES Act, which addresses the need for commonsense reforms on how emissions impact our Nation's ability to support domestic manufacturing and unleash affordable and reliable energy. For far too long, burdensome regulations have stood in the way, allowing investments to go overseas while Americans are forced to pay higher prices. Many of these costly regulations result from regulatory burdens associated with the Clean Air Act. The legislation considered today makes targeted and effective reforms that will support American job creators while continuing to protect our environment and the air we breathe. The legislation produced by my colleague Congressman August Pfluger of Texas ensures that States and local communities are not penalized for foreign air emissions emanating from outside our borders. Across the country, States are being unfairly penalized for pollution that originates from foreign nations, including air emissions from natural events, like the Canadian wildfires. Currently, the Clean Air Act allows States to adjust their plans when foreign emissions prevent them from meeting Federal standards. However, the guidance from the EPA under the previous administration narrowed that relief, limiting it to only human-caused emissions from abroad. This bill clarifies that all foreign emissions, whether natural or man-made, are excluded from consideration when determining whether a State meets national air quality standards. Importantly, the bill allows States to account for foreign emissions earlier in the regulatory process, instead of forcing them to wait until the very end and risk costly delays or Federal sanctions. Mr. Speaker, I urge all of my colleagues to join me in supporting these bills, and I reserve the balance of my time. Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 6409, the FENCES Act. Access to quality and affordable healthcare is an issue at the top of many Americans' minds right now as they struggle through the ever- worsening Republican affordability crisis. Republicans have demonstrated over the last year that they have no interest in improving healthcare for the American people. The Republican big, ugly bill cut more than a trillion dollars from Americans' healthcare. Insurance premiums spiked at the beginning of the year for 20 million people because Republicans refused to extend the ACA tax credits. Fifteen million people are predicted to lose their healthcare altogether. Hospitals are closing in record numbers around the country. There was a media report just yesterday that said 15 hospitals in my State of New Jersey have the potential to close because of the Republican big, ugly bill and the impact on hospitals. Now, there are reports that Republicans intend to make further cuts and take healthcare away from more people to pay for Trump's reckless war of choice with Iran. In Trump's America, we can't afford healthcare, but apparently, we can spend a billion dollars a day on the war in Iran. In fact, Trump himself said that it is not possible for the Federal Government to pay for Medicaid and Medicare when we are fighting wars. Republican attacks on Americans' healthcare continue this week here on the House floor by bringing three dirty air bills to the House floor, including this bill, H.R. 6409, the FENCES Act; and also H.R. 6398, the RED Tape Act; and, finally, H.R. 6387, the FIRE Act. These bills are an attack on the public health protections that are a cornerstone of the Clean Air Act. They will ultimately make Americans sicker and increase healthcare costs even more. The health harms of air pollution are well-documented, being felt by communities across the country. Communities in areas with unsafe levels of air pollution see more diagnoses of diseases like asthma, COPD, heart disease, and certain types of cancer, all of which require long- term treatment and medication. Air pollution, Mr. Speaker, is also responsible for over 100,000 premature deaths every year. It is ridiculous to even consider these bills when our constituents are demanding action on healthcare affordability. Whether it is from reducing transparency, to artificially reducing air pollution reporting by ignoring climate change, to giving corporate polluters free passes on Clean Air Act requirements, these bills are evidence that Republicans are more interested in helping their pollution friends than the well-being of Americans. The bill that we are talking about now, the FENCES Act, would undercut the National Ambient Air Quality Standards, or NAAQS, which tells us the amount of air pollution that is safe to breathe. {time} 1420 The bill would have us ignore bad air quality in areas that experience any pollution beyond the jurisdiction of a State or city's borders. It removes the Environmental Protection

Referenced legislation: HRES1174, HRES1174, HR6387, HR6398, HR6409