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H.R. 6409Passed House

FENCES Act

Introduced: Dec 3, 2025

Latest action date: Apr 17, 2026

Latest development

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

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Congress
119th Congress
Introduced
Dec 3, 2025
Recorded roll calls
2

Status detail: The full action history records passage in the House.

Plain-language overview

What this bill does

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.

Civixly topics

What this legislation is about

Civixly topics make federal and state legislation comparable. They are derived from the official CRS policy area and legislative subjects.

Official CRS policy area

Environmental Protection

View 6 official legislative subjects
Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilityState and local government operationsUser charges and fees

Committee activity

Committees and subcommittees that received, reviewed, marked up, or reported this legislation.

houseStanding

Energy and Commerce Committee

Official committee record ↗
  1. Referred To
  2. Markup By
  3. Reported By
  4. Reported By
  5. Unknown
  6. Unknown
  7. Unknown

Amendments

Proposed changes to this measure, with their latest official outcome or action from Congress.gov.

No amendments are listed for this measure.

Checked against Congress.gov Sep 18, 2026.

Action timeline

Newest action first. Action language comes from the official Congress.gov record.

View full action timeline27 actions
  1. Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

    IntroReferralSenate
  2. Motion to reconsider laid on the table Agreed to without objection.

    FloorHouse floor actions
  3. On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).

    FloorHouse floor actions
  4. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).

    FloorLibrary of Congress
  5. On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).

    FloorHouse floor actions
  6. Considered as unfinished business. (consideration: CR H2937-2938)

    FloorHouse floor actions
  7. 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.

    FloorHouse floor actions
  8. The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

    FloorHouse floor actions
  9. Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)

    FloorHouse floor actions
  10. The previous question was ordered pursuant to the rule.

    FloorHouse floor actions
  11. DEBATE - The House proceeded with one hour of debate on H.R. 6409.

    FloorHouse floor actions
  12. 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.

    FloorHouse floor actions
  13. Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)

    FloorHouse floor actions
  14. 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.

    FloorHouse floor actions
  15. Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.

    CommitteeHouse floor actions
  16. Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.

    CommitteeLibrary of Congress
  17. Placed on the Union Calendar, Calendar No. 514.

    CalendarsHouse floor actions
  18. Reported by the Committee on Energy and Commerce. H. Rept. 119-594.

    CommitteeHouse floor actions
  19. Reported by the Committee on Energy and Commerce. H. Rept. 119-594.

    CommitteeLibrary of Congress
  20. Ordered to be Reported by the Yeas and Nays: 25 - 22.

    CommitteeHouse committee actions
  21. Committee Consideration and Mark-up Session Held

    CommitteeHouse committee actions
  22. Subcommittee Consideration and Mark-up Session Held

    CommitteeHouse committee actions
  23. Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.

    CommitteeHouse committee actions
  24. Referred to the Subcommittee on Environment.

    CommitteeHouse committee actions
  25. Referred to the House Committee on Energy and Commerce.

    IntroReferralHouse floor actions
  26. Introduced in House

    IntroReferralLibrary of Congress
  27. Introduced in House

    IntroReferralLibrary of Congress

Roll-call votes

Recorded House and Senate votes connected to this bill. Your representatives appear first when available.

PassedApr 16, 2026House · Roll call 116

On Passage

Vote source ↗
220 Yea208 Nay3 Not Voting
View 431 recorded positions
David ScottNay
Nancy MaceNot Voting
Paul A. GosarNot Voting
Sheila Cherfilus-McCormickNay
FailedApr 16, 2026House · Roll call 115

On Motion to Recommit

Vote source ↗
215 Nay213 Yea3 Not Voting
View 431 recorded positions
David ScottYea
Josh BrecheenNot Voting
Nancy MaceNot Voting
Sheila Cherfilus-McCormickYea

Discussion

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Sources: Congress.gov and official House and Senate vote records.

View data freshness details

Base metadata checked Sep 18, 2026 · Summary checked Sep 18, 2026 · Action timeline checked Sep 18, 2026 · Sponsorship checked Sep 18, 2026 · Topics checked Sep 18, 2026 · Committees checked Sep 18, 2026 · Status checked Sep 18, 2026 · Related bills checked Sep 18, 2026.