H.R. 6409House119th Congress (2025-2027)Passed House

FENCES Act

Introduced December 3, 2025

AI-Generated Summary

Updated April 21, 2026 at 6:11 AM UTC

The FENCES Act amends the Clean Air Act to clarify that foreign emissions—whether or not they are caused by human activity—must be considered when determining whether an area meets national air quality standards. It prevents a state from being labeled a non‑attainment area for new or revised standards if the state can show it would meet the standard but for those foreign emissions. The bill also creates a new rule that lifts certain federal sanctions and fees for the most polluted ozone and particulate‑matter areas when a state demonstrates that the failure to meet standards is due to foreign emissions, exceptional events, or mobile‑source emissions beyond the state’s control, with a required renewal of the demonstration every five years.

Key Provisions

  • Amends Clean Air Act Section 179B to insert language that foreign emissions are considered “regardless of whether such emissions result from human activity.”
  • Adds a new subsection (e) to Section 179B prohibiting a state from designating an area as non‑attainment if it would meet the standard but for foreign emissions.
  • Creates a new Section 179C that exempts sanctions and fees for severe/extreme ozone areas and serious particulate‑matter areas when a state shows deficiencies are caused by foreign emissions, exceptional events, or mobile‑source emissions beyond state control.
  • Requires states to renew the demonstration that foreign or uncontrollable emissions are the cause at least once every five years, otherwise sanctions and fees may apply.

Legislative Activity

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23 earlier actions
SenateIntro Referral Latest Action

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

April 17, 2026

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HouseIntro Referral

Introduced in House

December 3, 2025

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

December 3, 2025

HouseCommittee

Referred to the Subcommittee on Environment.

December 3, 2025

HouseCommittee

Subcommittee Consideration and Mark-up Session Held

December 10, 2025

HouseCommittee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.

December 10, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

January 21, 2026

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 25 - 22.

January 21, 2026

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 119-594.

April 9, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 514.

April 9, 2026

HouseCommittee

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

April 14, 2026

HouseFloor

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.

April 15, 2026 • 9:14 AM

HouseFloor

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

April 15, 2026 • 2:13 PM

HouseFloor

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.

April 15, 2026 • 2:13 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 6409.

April 15, 2026 • 2:14 PM

HouseFloor

The previous question was ordered pursuant to the rule.

April 15, 2026 • 3:02 PM

HouseFloor

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

April 15, 2026 • 3:02 PM

HouseFloor

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

April 15, 2026 • 3:03 PM

HouseFloor

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.

April 15, 2026 • 3:03 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2937-2938)

April 16, 2026 • 12:07 PM

HouseFloor

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

April 16, 2026 • 12:14 PM

HouseFloor

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

April 16, 2026 • 12:21 PM

HouseFloor

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

April 16, 2026 • 12:21 PM

HouseFloor

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

April 16, 2026 • 12:21 PM

SenateIntro Referral

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

April 17, 2026

Floor Debate

24 members

What members said about H.R. 6409 on the floor

11 Republicans13 Democrats
Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Apr 15, 2026

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1174 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Brian J. Mast
Rep. Brian J. MastR-FL-21 · Apr 16, 2026

Mr. Speaker, pursuant to the order of the House of April 15, 2026, I call up the concurrent resolution (H. Con. Res. 40) directing the President, pursuant to section 5(c) of the War Powers…

Joe Neguse
Rep. Joe NeguseD-CO-2 · Apr 15, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as you know, at the end of March, last month, Speaker Johnson gaveled out this Chamber and sent Members of Congress home for a…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Apr 16, 2026

Mr. Speaker, I rise today in strong support of my War Powers Resolution, and I do so today because the Constitution of the United States actually demands it, and so does the conscience of the House…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Apr 15, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 6409, the FENCES Act. Access to quality and affordable healthcare is an issue at the top of many…

Show 8 more
Gary J. Palmer
Rep. Gary J. PalmerR-AL-6 · Apr 15, 2026

Mr. Speaker, pursuant to House Resolution 1174, I call up the bill (H.R. 6409) to amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other…

Hakeem S. Jeffries
Rep. Hakeem S. JeffriesD-NY-8 · Apr 16, 2026

Mr. Speaker, I thank my good friend, the distinguished gentleman from the great State of New York (Mr. Meeks), the once and future chair of the House Committee on Foreign Affairs, for yielding and…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Apr 15, 2026

Mr. Speaker, I appreciate the gentleman from Alabama for yielding, and I appreciate his hard work going into the Rural Transformation Healthcare Fund that was in the One Big Beautiful Bill Act. The…

August Pfluger
Rep. August PflugerR-TX-11 · Apr 15, 2026

Mr. Speaker, I rise in support of my bill, the Foreign Emissions and Nonattainment Clarification for Economic Stability Act, also known as the FENCES Act. States and communities are being pushed into…

Christian D. Menefee
Rep. Christian D. MenefeeD-TX-18 · Apr 15, 2026

Mr. Speaker, I thank Representative Pallone for yielding me time. Mr. Speaker, I rise today in strong opposition of the FENCES Act. My colleagues on the other side of the aisle talk about protecting…

Dave Min
Rep. Dave MinD-CA-47 · Apr 15, 2026

Mr. Speaker, I rise today in strong opposition to H.R. 6409, the FENCES Act, which would gut the Clean Air Act. For over 60 years, the Clean Air Act has stood as our Nation's landmark air pollution…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Apr 15, 2026

Mr. Speaker, I thank the gentleman from New Jersey for yielding. Mr. Speaker, when we debated this bill in committee, I was reminded of the environmental history of the Adirondack Mountains, which…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Apr 15, 2026

Madam Speaker, I thank the ranking member for yielding. Madam Speaker, it has been more than 20 days since the United States Senate reached a unanimous agreement to all but end the shutdown of the…

Show 11 more
Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · Apr 15, 2026

Mr. Speaker, I don't even know if I can dignify a response to the things that I have heard here this morning. Perhaps we will do another showerhead resolution or utilities or something like that. But…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Apr 15, 2026

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise in strong support of H.R. 6409, the FENCES Act. Washington has ignored a simple fact that every Arizonan knows firsthand. Eighty…

Maxine Dexter
Rep. Maxine DexterD-OR-3 · Apr 15, 2026

Mr. Speaker, I thank my colleague from New Jersey for yielding me time. Mr. Speaker, I rise today in strong and vehement opposition to these bills, specifically the FENCES Act, that gut the Clean Air…

James A. Himes
Rep. James A. HimesD-CT-4 · Apr 16, 2026

Mr. Speaker, I thank the chairman and ranking member for this important debate. Mr. Speaker, I have been listening carefully to my Republican colleagues, and they will get no argument from me on the…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Apr 16, 2026

Mr. Speaker, I appreciate the leadership of Chairman Brian Mast and agree with his assessments. Mr. Speaker, I rise in opposition of the proposed resolution. Appeasement leads to larger war as we…

Sara Jacobs
Rep. Sara JacobsD-CA-51 · Apr 16, 2026

Mr. Speaker, this isn't just politics for me. Two weeks ago, thousands of San Diego military families got 48-hour deployment notices. That means they need to be ready to drop everything to deploy to…

Randy Fine
Rep. Randy FineR-FL-6 · Apr 16, 2026

Mr. Speaker, for 47 years, there has been a war involving Iran. It has been a war against the United States. It started 47 years ago with: ``Death to America.'' When they chanted it, they meant it.…

Keith Self
Rep. Keith SelfR-TX-3 · Apr 16, 2026

Mr. Speaker, I will address a couple of things that my esteemed colleague across the aisle talked about. Gas prices, do you want to go back to the gas prices under Joe Biden? I think not. As long as…

David G. Valadao
Rep. David G. ValadaoR-CA-22 · Apr 15, 2026

Mr. Speaker, I rise today to urge support for the FENCES Act, a commonsense bill that brings fairness and clarity to how we evaluate air quality in the United States. In California, our communities…

Russ Fulcher
Rep. Russ FulcherR-ID-1 · Apr 15, 2026

Mr. Speaker, I rise in support of H.R. 6409, the FENCES Act. I thank my good friend from Alabama for holding this debate. You may not think of my home State of Idaho as a border State when you start…

Joaquin Castro
Rep. Joaquin CastroD-TX-20 · Apr 16, 2026

Mr. Speaker, the President promised the American people no more foreign wars. Then, he dragged the Nation into war with Iran. He has threatened genocide against Iran by calling for the death of a…

Bill Text

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Referred in SenateIssued April 17, 2026

IIB

119th CONGRESS

2d Session

H. R. 6409

IN THE SENATE OF THE UNITED STATES

April 17 (legislative day, April 14), 2026

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

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

1.

Short title

This Act may be cited as the Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act.

2.

Emissions beyond control

(a)

Clarification of emissions covered

Section 179B of the Clean Air Act (42 U.S.C. 7509a) is amended—

(1)

by inserting (regardless of whether such emissions result from human activity) after but for emissions emanating from outside of the United States each place it appears; and

(2)

in subsection (d), by inserting (regardless of whether such emissions result from human activity) after but for emissions emanating from outside the United States.

(b)

Designations

Section 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following:

(e)

Designations

Notwithstanding any other provision of law, an area within a State may not be designated as a nonattainment area with respect to any new or revised primary or secondary national ambient air quality standard for a pollutant if such State establishes to the satisfaction of the Administrator that such area would be in attainment with such national ambient air quality standard for such pollutant but for emissions emanating from outside of the United States (regardless of whether such emissions result from human activity).

.

(c)

Applicability of sanctions and fees if emissions beyond control

The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 179B the following new section:

179C.

Applicability of sanctions and fees if emissions beyond control

(a)

In general

Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following:

(1)

Emissions emanating from outside the nonattainment area.

(2)

Emissions from an exceptional event (as defined in section 319(b)(1)).

(3)

Emissions from mobile sources to the extent the State demonstrates that—

(A)

such emissions are beyond the control of the State to reduce or eliminate; and

(B)

the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources.

(b)

No effect on underlying standards

The inapplicability of sanctions or fees with respect to a State (or an area or source therein) pursuant to subsection (a) does not affect the obligation of a State, area, source, or other entity under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter.

(c)

Periodic renewal of demonstration

For subsection (a) to continue to apply with respect to a State (or an area or source therein), the State involved


shall renew the demonstration required by subsection (a) at least once every 5 years.

.

Passed the House of Representatives April 16, 2026.

Kevin F. McCumber,

Clerk.