Legis Daily

FENCES Act

USA119th CongressHR-6409| House 
| Updated: 4/17/2026
August Pfluger

August Pfluger

Republican Representative

Texas

Cosponsors (2)
Jeff Crank (Republican)Dan Crenshaw (Republican)

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.

Bill Text Versions

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4 versions available

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Timeline
Dec 3, 2025
Introduced in House
Dec 3, 2025
Referred to the House Committee on Energy and Commerce.
Dec 3, 2025
Referred to the Subcommittee on Environment.
Dec 10, 2025
Subcommittee Consideration and Mark-up Session Held
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
Jan 21, 2026
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported by the Yeas and Nays: 25 - 22.
Feb 11, 2026

Latest Companion Bill Action

S 119-3836
Introduced in Senate
Apr 9, 2026
Placed on the Union Calendar, Calendar No. 514.
Apr 9, 2026
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Apr 14, 2026
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
Apr 15, 2026
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.
Apr 15, 2026
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Apr 15, 2026
Considered under the provisions of rule H. Res. 1174.
Apr 15, 2026
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.
Apr 15, 2026
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
Apr 15, 2026
The previous question was ordered pursuant to the rule.
Apr 15, 2026
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Apr 15, 2026
Mr. Min moved to recommit to the Committee on Energy and Commerce.
Apr 15, 2026
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Apr 16, 2026
Considered as unfinished business.
Apr 16, 2026
Considered as unfinished business. (consideration: CR H2937-2938)
Apr 16, 2026
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
View Vote
Apr 16, 2026
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
View Vote
Apr 16, 2026
Motion to reconsider laid on the table Agreed to without objection.
Apr 17, 2026
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  • December 3, 2025
    Introduced in House


  • December 3, 2025
    Referred to the House Committee on Energy and Commerce.


  • December 3, 2025
    Referred to the Subcommittee on Environment.


  • December 10, 2025
    Subcommittee Consideration and Mark-up Session Held


  • December 10, 2025
    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.


  • January 21, 2026
    Committee Consideration and Mark-up Session Held


  • January 21, 2026
    Ordered to be Reported by the Yeas and Nays: 25 - 22.


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3836
    Introduced in Senate


  • April 9, 2026
    Placed on the Union Calendar, Calendar No. 514.


  • April 9, 2026
    Reported by the Committee on Energy and Commerce. H. Rept. 119-594.


  • April 14, 2026
    Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.


  • April 15, 2026
    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.


  • April 15, 2026
    Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)


  • April 15, 2026
    Considered under the provisions of rule H. Res. 1174.


  • April 15, 2026
    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.


  • April 15, 2026
    DEBATE - The House proceeded with one hour of debate on H.R. 6409.


  • April 15, 2026
    The previous question was ordered pursuant to the rule.


  • April 15, 2026
    Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)


  • April 15, 2026
    Mr. Min moved to recommit to the Committee on Energy and Commerce.


  • April 15, 2026
    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.


  • April 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.


  • April 16, 2026
    Considered as unfinished business.


  • April 16, 2026
    Considered as unfinished business. (consideration: CR H2937-2938)


  • April 16, 2026
    On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
    View Vote


  • April 16, 2026
    On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
    View Vote


  • April 16, 2026
    Motion to reconsider laid on the table Agreed to without objection.


  • April 17, 2026
    Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Environmental Protection

Related Bills

  • HRES 119-1174: Providing 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.
  • S 119-3836: FENCES Act
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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Dec 3, 2025
Introduced in House
Dec 3, 2025
Referred to the House Committee on Energy and Commerce.
Dec 3, 2025
Referred to the Subcommittee on Environment.
Dec 10, 2025
Subcommittee Consideration and Mark-up Session Held
Dec 10, 2025
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
Jan 21, 2026
Committee Consideration and Mark-up Session Held
Jan 21, 2026
Ordered to be Reported by the Yeas and Nays: 25 - 22.
Feb 11, 2026

Latest Companion Bill Action

S 119-3836
Introduced in Senate
Apr 9, 2026
Placed on the Union Calendar, Calendar No. 514.
Apr 9, 2026
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Apr 14, 2026
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
Apr 15, 2026
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.
Apr 15, 2026
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Apr 15, 2026
Considered under the provisions of rule H. Res. 1174.
Apr 15, 2026
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.
Apr 15, 2026
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
Apr 15, 2026
The previous question was ordered pursuant to the rule.
Apr 15, 2026
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Apr 15, 2026
Mr. Min moved to recommit to the Committee on Energy and Commerce.
Apr 15, 2026
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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.
Apr 16, 2026
Considered as unfinished business.
Apr 16, 2026
Considered as unfinished business. (consideration: CR H2937-2938)
Apr 16, 2026
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
View Vote
Apr 16, 2026
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
View Vote
Apr 16, 2026
Motion to reconsider laid on the table Agreed to without objection.
Apr 17, 2026
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  • December 3, 2025
    Introduced in House


  • December 3, 2025
    Referred to the House Committee on Energy and Commerce.


  • December 3, 2025
    Referred to the Subcommittee on Environment.


  • December 10, 2025
    Subcommittee Consideration and Mark-up Session Held


  • December 10, 2025
    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.


  • January 21, 2026
    Committee Consideration and Mark-up Session Held


  • January 21, 2026
    Ordered to be Reported by the Yeas and Nays: 25 - 22.


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3836
    Introduced in Senate


  • April 9, 2026
    Placed on the Union Calendar, Calendar No. 514.


  • April 9, 2026
    Reported by the Committee on Energy and Commerce. H. Rept. 119-594.


  • April 14, 2026
    Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.


  • April 15, 2026
    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.


  • April 15, 2026
    Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)


  • April 15, 2026
    Considered under the provisions of rule H. Res. 1174.


  • April 15, 2026
    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.


  • April 15, 2026
    DEBATE - The House proceeded with one hour of debate on H.R. 6409.


  • April 15, 2026
    The previous question was ordered pursuant to the rule.


  • April 15, 2026
    Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)


  • April 15, 2026
    Mr. Min moved to recommit to the Committee on Energy and Commerce.


  • April 15, 2026
    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.


  • April 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.


  • April 16, 2026
    Considered as unfinished business.


  • April 16, 2026
    Considered as unfinished business. (consideration: CR H2937-2938)


  • April 16, 2026
    On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
    View Vote


  • April 16, 2026
    On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
    View Vote


  • April 16, 2026
    Motion to reconsider laid on the table Agreed to without objection.


  • April 17, 2026
    Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
August Pfluger

August Pfluger

Republican Representative

Texas

Cosponsors (2)
Jeff Crank (Republican)Dan Crenshaw (Republican)

Environment Subcommittee, Environment and Public Works Committee, Energy and Commerce Committee

Environmental Protection

Related Bills

  • HRES 119-1174: Providing 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.
  • S 119-3836: FENCES Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilitySanctionsState and local government operationsTrade restrictionsUser charges and fees