House bill · H.R. 6409 (119th Congress)
FENCES Act
U.S. House of Representatives
Sponsor: August Pfluger (U.S. Representative, TX-11, Republican)
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From Congress.gov and official rosters. This record was last updated Sep 23, 2026. About our data
Summary
Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act This bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control. The bill provides that certain nonattainment areas (i.e., those classified as severe or extreme for ozone or as serious for particulate matter) are not subject to sanctions for implementation plan deficiencies or for fees for failing to attain national ambient air quality standards (NAAQS) if the state demonstrates it would have avoided deficiencies or attained its standards but for emissions outside of its control (e.g., emissions from an exceptional event like a wildfire). A state must renew its demonstration at least once every five years for exemption from the sanctions or fees to continue to apply. The bill specifies that an area within a state may not be designated as a nonattainment area regarding any new or revised NAAQS for a pollutant if the state demonstrates it would be in attainment but for emissions emanating from outside of the country, regardless of whether the emissions resulted from human activity. For purposes of approving a state implementation plan or meeting certain NAAQS, current law provides that a state may demonstrate to the Environmental Protection Agency that but for emissions emanating from outside of the country, it would have attained applicable NAAQS by the attainment date for certain pollutants. The bill specifies that such emissions emanating from outside the country may include emissions that result from human activity.
Summary from the Congressional Research Service. How we handle summaries
Where it stands
Passed one of the two chambers; it still needs the other.
- Introduced
- In committee
- Up for a vote
- Passed one chamber
- Passed
- Enacted
Committee
House Committee on Energy and Commerce · U.S. House of Representatives
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Cosponsors
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Read on Congress.gov (opens in a new tab)- Republican2
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Related bills
- S. 3836FENCES ActRelated bill
- H.Res. 1174Providing for consideration of the bill (H.R. 6387) to amend the Clean Air Act to require revisions to regulations governing the review and handling of air quality monitoring data influenced by exceptional events or actions to mitigate wildfire risk; providing for consideration of the bill (H.R. 6398) to amend the Clean Air Act relating to review by the Environmental Protection Agency of proposed legislation; providing for consideration of 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 providing for consideration of the resolution (H. Res. 1156) expressing support for tax policies that support working families.Related bill, procedurally related
As identified by Congress.gov.
Full history
- Apr 17, 2026
Sent to the executive
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
U.S. Senate
- Apr 17, 2026
In committee
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
U.S. House
- Apr 16, 2026
Passed a chamber
Motion to reconsider laid on the table Agreed to without objection.
- Apr 16, 2026
Passed a chamber
Motion to reconsider laid on the table Agreed to without objection.
- Apr 16, 2026
On Motion to Recommit Failed by the Yeas and Nays: 213 - 215 (roll no. 115).
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Show full history (25 earlier events)Show less history
- Apr 16, 2026
On Motion to Recommit Failed by the Yeas and Nays: 213 - 215 (roll no. 115).
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
- Apr 16, 2026
Passed a chamber
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
U.S. House of Representatives
- Apr 15, 2026
Debate - the House Proceeded With One Hour of Debate on H.R. 6409.
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
U.S. House of Representatives
- Apr 15, 2026
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.
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.
- Apr 15, 2026
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.
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.
- Apr 15, 2026
Reported out of committee
Rules Committee Resolution H. Res. 1174 Reported to House. Rule provides for consideration of H.R. 6387, H.R. 6398, H.R. 6409 and H. Res. 1156. The resolution provides for consideration of each measure under a closed rule with one hour of general debate on each measure. The resolution also provides one motion to recommit on H.R. 6387, H.R. 6398, and H.R. 6409.
U.S. House of Representatives
- Apr 14, 2026
In committee
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
- Apr 14, 2026
In committee
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
- Apr 9, 2026
Placed on the Union Calendar, Calendar No. 514.
- Apr 9, 2026
Placed on the Union Calendar, Calendar No. 514.
- Apr 9, 2026
Reported out of committee
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
- Apr 9, 2026
Reported out of committee
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
- Jan 21, 2026
Committee vote
Committee Consideration and Mark-up Session Held
- Jan 21, 2026
Committee vote
Committee Consideration and Mark-up Session Held
- Jan 21, 2026
Reported out of committee
Ordered to be Reported by the Yeas and Nays: 25 - 22.
- Jan 21, 2026
Reported out of committee
Ordered to be Reported by the Yeas and Nays: 25 - 22.
- Dec 10, 2025
In committee
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
- Dec 10, 2025
In committee
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
- Dec 10, 2025
Committee vote
Subcommittee Consideration and Mark-up Session Held
- Dec 10, 2025
Committee vote
Subcommittee Consideration and Mark-up Session Held
- Dec 9, 2025
Introduced
Introduced in U.S. House
U.S. House
- Dec 3, 2025
Introduced
Introduced in House
U.S. House of Representatives
- Dec 3, 2025
Referred to committee
Referred to the House Committee on Energy and Commerce.
U.S. House of Representatives
- Dec 3, 2025
Referred to committee
Referred to the Subcommittee on Environment.
- Dec 3, 2025
Referred to committee
Referred to the Subcommittee on Environment.
Read the record
- Read on Congress.gov (opens in a new tab) The official record on Congress.gov.