Environment Subcommittee, Environment and Public Works Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
This bill amends the Clean Air Act to address air quality standards impacted by emissions beyond a state's control. It clarifies that emissions emanating from outside the United States, whether human-caused or not, must be considered when assessing an area's attainment status. Specifically, it prevents an area from being designated as a nonattainment area for new or revised national ambient air quality standards if the state can demonstrate that the area would otherwise meet these standards but for these foreign emissions. The legislation also introduces a new section to exempt states from certain sanctions and fees related to nonattainment for ozone or particulate matter. This exemption applies if the state proves that its failure to attain standards or a deficiency would have been avoided but for emissions originating from outside the nonattainment area, exceptional events, or mobile source emissions beyond the state's control, provided the state is implementing all feasible measures. While providing relief from penalties, the bill explicitly states that this does not negate a state's fundamental obligation to implement measures to achieve air quality standards, requiring periodic renewal of such demonstrations every five years.
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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.
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Considered under the provisions of rule H. Res. 1174.
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.
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
The previous question was ordered pursuant to the rule.
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Mr. Min moved to recommit to the Committee on Energy and Commerce.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H2937-2938)
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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.
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Considered under the provisions of rule H. Res. 1174.
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.
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
The previous question was ordered pursuant to the rule.
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Mr. Min moved to recommit to the Committee on Energy and Commerce.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H2937-2938)
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilitySanctionsState and local government operationsTrade restrictionsUser charges and fees
FENCES Act
USA119th CongressHR-6409| House
| Updated: 4/17/2026
This bill amends the Clean Air Act to address air quality standards impacted by emissions beyond a state's control. It clarifies that emissions emanating from outside the United States, whether human-caused or not, must be considered when assessing an area's attainment status. Specifically, it prevents an area from being designated as a nonattainment area for new or revised national ambient air quality standards if the state can demonstrate that the area would otherwise meet these standards but for these foreign emissions. The legislation also introduces a new section to exempt states from certain sanctions and fees related to nonattainment for ozone or particulate matter. This exemption applies if the state proves that its failure to attain standards or a deficiency would have been avoided but for emissions originating from outside the nonattainment area, exceptional events, or mobile source emissions beyond the state's control, provided the state is implementing all feasible measures. While providing relief from penalties, the bill explicitly states that this does not negate a state's fundamental obligation to implement measures to achieve air quality standards, requiring periodic renewal of such demonstrations every five years.
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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.
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Considered under the provisions of rule H. Res. 1174.
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.
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
The previous question was ordered pursuant to the rule.
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Mr. Min moved to recommit to the Committee on Energy and Commerce.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H2937-2938)
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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.
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Considered under the provisions of rule H. Res. 1174.
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.
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
The previous question was ordered pursuant to the rule.
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Mr. Min moved to recommit to the Committee on Energy and Commerce.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Considered as unfinished business.
Considered as unfinished business. (consideration: CR H2937-2938)
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilitySanctionsState and local government operationsTrade restrictionsUser charges and fees