H.R. 6409 · 119th Congress

FENCES Act

Introduced on Dec 3, 2025 by August Pfluger (R-TX-11). 2 cosponsors, all from the sponsor's party. Latest action (Apr 17, 2026): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Stage
Passed one chamber
Introduced
Dec 3, 2025
Cosponsors
2
0 from the other party
Policy area
Environmental Protection

Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. Passed one chamber
  4. 4Passed both chambers
  5. 5Sent to the President
  6. 6Became law

Official title

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

Subjects

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

Summary

By the Congressional Research Service (Reported to House, Apr 9, 2026). Public domain.

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.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

August PflugerR-TX-11Sponsor

Republicans · 2

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

  1. Apr 16, 2026· House· Procedural· Failed 213–215
  2. Apr 16, 2026· House· Passage· Passed 220–208

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Dec 3, 2025Introduced in House
  2. Dec 3, 2025Introduced in House
  3. Dec 3, 2025 · HouseReferred to the House Committee on Energy and Commerce.
  4. Dec 3, 2025 · HouseReferred to the Subcommittee on Environment.
  5. Dec 10, 2025 · HouseSubcommittee Consideration and Mark-up Session Held
  6. Dec 10, 2025 · HouseForwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
  7. Jan 21, 2026 · HouseCommittee Consideration and Mark-up Session Held
  8. Jan 21, 2026 · HouseOrdered to be Reported by the Yeas and Nays: 25 - 22.
  9. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
  10. Apr 9, 2026 · HouseReported by the Committee on Energy and Commerce. H. Rept. 119-594.
  11. Apr 9, 2026 · HousePlaced on the Union Calendar, Calendar No. 514.
  12. Apr 14, 2026Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
  13. Apr 14, 2026 · HouseSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
  14. Apr 15, 2026 · HouseRules 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.
  15. Apr 15, 2026 · HouseConsidered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
  16. Apr 15, 2026 · HouseRule 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.
  17. Apr 15, 2026 · HouseDEBATE - The House proceeded with one hour of debate on H.R. 6409.
  18. Apr 15, 2026 · HouseThe previous question was ordered pursuant to the rule.
  19. Apr 15, 2026 · HouseMr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
  20. Apr 15, 2026 · HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  21. Apr 15, 2026 · HousePOSTPONED 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.
  22. Apr 16, 2026 · HouseConsidered as unfinished business. (consideration: CR H2937-2938)
  23. Apr 16, 2026 · HouseOn motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).House · Roll call 115
  24. Apr 16, 2026Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).House · Roll call 116
  25. Apr 16, 2026 · HouseOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).House · Roll call 116
  26. Apr 16, 2026 · HouseMotion to reconsider laid on the table Agreed to without objection.
  27. Apr 17, 2026 · SenateReceived in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Who lobbied on it

Organizations whose lobbying reports (LD-2) name this measure. Spending is what they reported for those quarters on all issues, not on this measure alone.

  1. AMERICAN FOREST & PAPER ASSOCIATION3 reports
    $2.1M reported (all issues)
  2. AMERICAN LUNG ASSOCIATION3 reports
    $350K reported (all issues)
  3. AMERICAN PETROLEUM INSTITUTE3 reports
    $6.6M reported (all issues)
  4. American Fuel & Petrochemical Manufacturers3 reports
    $4.3M reported (all issues)
  5. Chamber of Commerce of the U.S.A.3 reports
    $54.7M reported (all issues)
  6. Earthjustice Action3 reports
    $407.7K reported (all issues)
  7. National Mining Association3 reports
    $2.2M reported (all issues)
  8. American Foundry Society2 reports
    $60K reported (all issues)
  9. CLEVELAND-CLIFFS INC.2 reports
    $1.3M reported (all issues)
  10. INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA2 reports
    $601K reported (all issues)
  11. LEAGUE OF CONSERVATION VOTERS, INC2 reports
    $430K reported (all issues)
  12. PORTLAND CEMENT ASSOCIATION2 reports
    $720K reported (all issues)
  13. American Cement Association (formerly known as Portland Cement Association)1 report
    $20K reported (all issues)
  14. Americans for Prosperity1 report
    $700K reported (all issues)
  15. GPA MIDSTREAM ASSOCIATION1 report
    $50K reported (all issues)
  16. MARATHON PETROLEUM CORPORATION1 report
    $710K reported (all issues)Federal contractor: MARATHON PETROLEUM COMPANY LP$525.1M in contracts, FY2026AI match · 99%
  17. National Association of Pediatric Nurse Practitioners1 report
    $24K reported (all issues)
  18. National Parks Conservation Association1 report
    $150.7K reported (all issues)
  19. PARTNERSHIP PROJECT ACTION FUND1 report
    $60K reported (all issues)

Reports filed in 2025, 2026.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 6, 2026 · loaded Oct 6, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.
  • Money and votes are shown side by side; neither explains the other.