SimpleFunctions
LEGISLATION/H.R. 6409

FENCES Act

119-HR-6409119th CongressIntroduced Dec 3, 2025Environmental Protection
Market Probability
No market
Status
Introduced
Committee
Floor Vote
Other Chamber
Signed
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Sponsor

Rep. Pfluger, August [R-TX-11](R-TX-11)
2 cosponsors

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.

Subjects

Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilityState and local government operationsUser charges and fees

Actions (27)

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Apr 17, 2026Senate
Motion to reconsider laid on the table Agreed to without objection.
Apr 16, 2026House floor actions
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
Apr 16, 2026House floor actionsRECORDED VOTE
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
Apr 16, 2026Library of CongressRECORDED VOTE
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
Apr 16, 2026House floor actionsRECORDED VOTE
Considered as unfinished business. (consideration: CR H2937-2938)
Apr 16, 2026House floor actions
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, 2026House floor actions
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Apr 15, 2026House floor actions
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Apr 15, 2026House floor actions
The previous question was ordered pursuant to the rule.
Apr 15, 2026House floor actions
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
Apr 15, 2026House floor actions
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, 2026House floor actions
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
Apr 15, 2026House floor actions
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, 2026House floor actions
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
Apr 14, 2026House floor actions
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
Apr 14, 2026Library of Congress
Placed on the Union Calendar, Calendar No. 514.
Apr 9, 2026House floor actions
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Apr 9, 2026House floor actions
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
Apr 9, 2026Library of Congress
Ordered to be Reported by the Yeas and Nays: 25 - 22.
Jan 21, 2026House committee actions
Committee Consideration and Mark-up Session Held
Jan 21, 2026House committee actions
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
Dec 10, 2025House committee actions
Subcommittee Consideration and Mark-up Session Held
Dec 10, 2025House committee actions
Referred to the Subcommittee on Environment.
Dec 3, 2025House committee actions
Referred to the House Committee on Energy and Commerce.
Dec 3, 2025House floor actions
Introduced in House
Dec 3, 2025Library of Congress
Introduced in House
Dec 3, 2025Library of Congress