HOUSE 6409119th CongressReceived in the Senate and Read twice and referred to the Committee on Environment and Public Works.

FENCES Act

Last Action: 4/17/2026

Actions

2026-04-17Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
2026-04-16Motion to reconsider laid on the table Agreed to without objection.
2026-04-16On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
2026-04-16Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
2026-04-16On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
2026-04-16Considered as unfinished business. (consideration: CR H2937-2938)
2026-04-15POSTPONED 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.
2026-04-15The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-04-15Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
2026-04-15The previous question was ordered pursuant to the rule.
2026-04-15DEBATE - The House proceeded with one hour of debate on H.R. 6409.
2026-04-15Rule 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.
2026-04-15Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
2026-04-15Rules 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.
2026-04-14Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.

Showing 15 of 20 actions. Full history on Congress.gov.

CRS Summary

As of 2026-04-09 (07)

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.

Cosponsors (2)

Dan Crenshaw (R-TX)
Jeff Crank (R-CO)

Subjects

Air quality
Civil actions and liability
Climate change and greenhouse gases
Pollution liability
State and local government operations
User charges and fees

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