Legis Daily

FENCES Act

USA119th CongressHR-6409| House 
| Updated: 1/21/2026
August Pfluger

August Pfluger

Republican Representative

Texas

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

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

Latest Companion Bill Action

S 119-3836
Introduced in Senate
  • December 3, 2025
    Introduced in House


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


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


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


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


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


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


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3836
    Introduced in Senate

Environmental Protection

Related Bills

  • S 119-3836: FENCES Act
Air qualityClimate change and greenhouse gasesSanctionsState and local government operationsTrade restrictionsUser charges and fees

FENCES Act

USA119th CongressHR-6409| House 
| Updated: 1/21/2026
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.
View Full Text

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

Latest Companion Bill Action

S 119-3836
Introduced in Senate
  • December 3, 2025
    Introduced in House


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


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


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


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


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


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


  • February 11, 2026

    Latest Companion Bill Action

    S 119-3836
    Introduced in Senate
August Pfluger

August Pfluger

Republican Representative

Texas

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

Environment Subcommittee, Energy and Commerce Committee

Environmental Protection

Related Bills

  • S 119-3836: FENCES Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Air qualityClimate change and greenhouse gasesSanctionsState and local government operationsTrade restrictionsUser charges and fees