H.R. 6409 Passed the House Environmental Protection

FENCES Act

To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.

  1. Introduced
  2. Committee
  3. Passed House
  4. Passed Senate
  5. To President
  6. Became law
Sponsor Rep. Pfluger, August [R-TX-11] Introduced December 3, 2025 Cosponsors 2 (2 R) Latest action April 17, 2026

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 by the Congressional Research Service, Library of Congress.

Congress.gov

Roll-call votes

  • HouseApr 16, 2026·Roll 116·H.R. 6409
    FENCES Act
    On Passage
    Passed220–208
    R 213–1 D 6–207 I 1–0
  • HouseApr 16, 2026·Roll 115·H.R. 6409
    FENCES Act
    On Motion to Recommit
    Failed213–215
    R 0–214 D 213–0 I 0–1

Actions

  1. Apr 17, 2026 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Apr 16, 2026 Motion to reconsider laid on the table Agreed to without objection.
  3. Apr 16, 2026 On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
  4. Apr 16, 2026 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
  5. Apr 16, 2026 On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
  6. Apr 16, 2026 Considered as unfinished business. (consideration: CR H2937-2938)
  7. 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.
  8. Apr 15, 2026 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  9. Apr 15, 2026 Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
  10. Apr 15, 2026 The previous question was ordered pursuant to the rule.
  11. Apr 15, 2026 DEBATE - The House proceeded with one hour of debate on H.R. 6409.
  12. 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.

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