US Congress · 119th Congress (2025-2026)

HR 6409In Second Chamber

FENCES Act

Source of recordUS Congress · congress.govLast synced Jul 18, 2026

Chamber

House

Progress

Where this bill stands in the legislative process.

Introduced
Passed House
Passed Senate
To President
Became Law

Overview

The FENCES Act amends the Clean Air Act to clarify how states are treated regarding air quality standards and potential penalties. Specifically, it allows states to be exempt from sanctions and fees if they can demonstrate that air pollution levels are influenced by emissions originating outside their borders, regardless of whether those emissions are from human activity. The bill also addresses the designation of nonattainment areas, preventing them from being designated for new or revised air quality standards if a state can prove it would meet the standards without foreign emissions.

Key provisions

Allows states to be exempt from sanctions and fees for air quality deficiencies if those deficiencies are caused by emissions from outside the state.
Specifies that states can demonstrate they would meet air quality standards without foreign emissions to avoid nonattainment area designations.
Requires states to renew their demonstration of foreign emissions impact every five years.
Clarifies that emissions from human activity originating outside the country can be considered when determining air quality attainment.
Addresses the application of sanctions and fees for nonattainment areas classified as Severe or Extreme for ozone, or Serious for particulate matter.
States can demonstrate emissions beyond their control, including exceptional events and mobile sources, as reasons for not meeting standards.
Prohibits the designation of new or revised nonattainment areas if a state can demonstrate it would be in attainment due to foreign emissions.

Bill text

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Legislative history

27 recorded actions · showing the most recent 12

Apr 15, 2026House

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

Apr 15, 2026House

The previous question was ordered pursuant to the rule.

Apr 15, 2026House

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

Apr 15, 2026House

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, 2026House

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

Apr 15, 2026House

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 16, 2026House

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

Apr 16, 2026House

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

Apr 16, 2026

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

Apr 16, 2026House

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

Apr 16, 2026House

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

Apr 17, 2026Senate

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

Votes

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Floor votes and chamber actions

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Recorded roll calls

Geography

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FENCES Act

Progress