FENCES Act
Bill journey · stage 2 of 5
Under committee review
What it doesSummary reported to house (Apr 9, 2026)
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.
What just happenedApr 17, 2026
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Who’s behind it
- Referred in SenateApr 17, 2026
- Engrossed in HouseApr 16, 2026
- Reported in HouseApr 9, 2026
- Introduced in HouseDec 3, 2025
- Apr 17, 2026IntroReferral
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
- Apr 16, 2026FloorH38310
Motion to reconsider laid on the table Agreed to without objection.
- Apr 16, 2026FloorH37100
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
- Apr 16, 2026Floor8000
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
- Apr 16, 2026FloorH36210
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
- Apr 16, 2026FloorH30000
Considered as unfinished business. (consideration: CR H2937-2938)
- Apr 15, 2026FloorH8D000
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.
- Apr 15, 2026FloorH8A000
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Apr 15, 2026FloorH36200
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
- Apr 15, 2026FloorH35000
The previous question was ordered pursuant to the rule.
- Apr 15, 2026FloorH8D000
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
- Apr 15, 2026FloorH8D000
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.
- Apr 15, 2026FloorH30000
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
- Apr 15, 2026FloorH1L210
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.
- Apr 14, 2026CommitteeH12210
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
- Apr 14, 2026Committee5000
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
- Apr 9, 2026CalendarsH12410
Placed on the Union Calendar, Calendar No. 514.
- Apr 9, 2026CommitteeH12200
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
- Apr 9, 2026Committee5000
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
- Jan 21, 2026Committee
Ordered to be Reported by the Yeas and Nays: 25 - 22.
- Jan 21, 2026Committee
Committee Consideration and Mark-up Session Held
- Dec 10, 2025Committee
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
- Dec 10, 2025Committee
Subcommittee Consideration and Mark-up Session Held
- Dec 3, 2025Committee
Referred to the Subcommittee on Environment.
- Dec 3, 2025IntroReferralH11100
Referred to the House Committee on Energy and Commerce.
- Dec 3, 2025IntroReferralIntro-H
Introduced in House
- Dec 3, 2025IntroReferral1000
Introduced in House