Only the right has signed this so far (Bill Ranking)
H.R. 6409 · 119th Congress (2025-2026)
3 members · Left 0 · Center 0 · Right 3 (Bill Ranking)
| Sponsor | Rep. Pfluger, August (R-TX) (Introduced 12/03/2025) |
|---|---|
| Sponsor Voting Record | Right · DW-NOMINATE +0.63 · measured from every roll-call vote this member has cast (voteview.com) (Sponsor Ranking) |
| Support |
LLLCLRR support across the spectrum: 3 members signed on (Bill Ranking) this bill: sponsor + current cosponsors, each once |
| Committees | Senate - Environment and Public Works Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee; House - Energy and Commerce Committee |
| Latest Action | 04/17/2026 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. |
| Roll Call Votes | 2 |
| Source | view on congress.gov → |
Reported to House (04/09/2026)
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.
119 HR 6409 EH: Foreign Emissions and Nonattainment Clarification for Economic Stability Act U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB 119th CONGRESS2d Session H. R. 6409
IN THE HOUSE OF REPRESENTATIVES 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 titleThis 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 coveredSection 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)DesignationsSection 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following: (e)DesignationsNotwithstanding 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 controlThe 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 generalNotwithstanding 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 standardsThe 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 demonstrationFor 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.
119 HR 6409 IH: Foreign Emissions and Nonattainment Clarification for Economic Stability Act U.S. House of Representatives 2025-12-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I119th CONGRESS1st SessionH. R. 6409IN THE HOUSE OF REPRESENTATIVESDecember 3, 2025Mr. Pfluger introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.1.Short titleThis 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 coveredSection 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)DesignationsSection 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following:(e)DesignationsNotwithstanding 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 controlThe 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 generalNotwithstanding 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 standardsThe 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 demonstrationFor 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..
119 HR 6409 : Foreign Emissions and Nonattainment Clarification for Economic Stability Act U.S. House of Representatives 2026-04-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IIB119th CONGRESS2d SessionH. R. 6409IN THE SENATE OF THE UNITED STATESApril 17 (legislative day, April 14), 2026Received; read twice and referred to the Committee on Environment and Public WorksAN ACTTo amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.1.Short titleThis 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 coveredSection 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)DesignationsSection 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following:(e)DesignationsNotwithstanding 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 controlThe 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 generalNotwithstanding 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 standardsThe 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 demonstrationFor 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.
119 HR 6409 RH: Foreign Emissions and Nonattainment Clarification for Economic Stability Act U.S. House of Representatives 2026-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IBUnion Calendar No. 514119th CONGRESS2d SessionH. R. 6409[Report No. 119–594]IN THE HOUSE OF REPRESENTATIVESDecember 3, 2025Mr. Pfluger introduced the following bill; which was referred to the Committee on Energy and CommerceApril 9, 2026Additional sponsors: Mr. Crenshaw and Mr. CrankApril 9, 2026Committed to the Committee of the Whole House on the State of the Union and ordered to be printedA BILLTo amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.1.Short titleThis 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 coveredSection 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)DesignationsSection 179B of the Clean Air Act (42 U.S.C. 7509a) is further amended by adding at the end the following:(e)DesignationsNotwithstanding 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 controlThe 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 generalNotwithstanding 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 standardsThe 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 demonstrationFor 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..April 9, 2026Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
The bill's own words, from our database (synced from the GPO BILLS XML); paragraph breaks added at the bill's section boundaries, nothing else changed.
| Date | Chamber | All Actions |
|---|---|---|
| 12/03/2025 | Library of Congress | Introduced in House |
| 12/03/2025 | Library of Congress | Introduced in House |
| 12/03/2025 | House floor actions | Referred to the House Committee on Energy and Commerce. |
| 12/03/2025 | House committee actions | Referred to the Subcommittee on Environment. |
| 12/10/2025 | House committee actions | Subcommittee Consideration and Mark-up Session Held |
| 12/10/2025 | House committee actions | Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11. |
| 01/21/2026 | House committee actions | Committee Consideration and Mark-up Session Held |
| 01/21/2026 | House committee actions | Ordered to be Reported by the Yeas and Nays: 25 - 22. |
| 04/09/2026 | Library of Congress | Reported by the Committee on Energy and Commerce. H. Rept. 119-594. |
| 04/09/2026 | House floor actions | Reported by the Committee on Energy and Commerce. H. Rept. 119-594. |
| 04/09/2026 | House floor actions | Placed on the Union Calendar, Calendar No. 514. |
| 04/14/2026 | Library of Congress | Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II. |
| 04/14/2026 | House floor actions | Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II. |
| 04/15/2026 | House floor actions | 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. |
| 04/15/2026 | House floor actions | Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903) |
| 04/15/2026 | House floor actions | 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. |
| 04/15/2026 | House floor actions | DEBATE - The House proceeded with one hour of debate on H.R. 6409. |
| 04/15/2026 | House floor actions | The previous question was ordered pursuant to the rule. |
| 04/15/2026 | House floor actions | Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909) |
| 04/15/2026 | House floor actions | The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. |
| 04/15/2026 | House floor actions | 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. |
| 04/16/2026 | House floor actions | Considered as unfinished business. (consideration: CR H2937-2938) |
| 04/16/2026 | House floor actions | On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115). |
| 04/16/2026 | Library of Congress | Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). |
| 04/16/2026 | House floor actions | On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). |
| 04/16/2026 | House floor actions | Motion to reconsider laid on the table Agreed to without objection. |
| 04/17/2026 | Senate | Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. |
| Title Type | Title |
|---|---|
| Display Title | FENCES Act |
| Short Titles from RFS (Referred to Senate) bill text | FENCES Act |
| Short Titles from RFS (Referred to Senate) bill text | Foreign Emissions and Nonattainment Clarification for Economic Stability Act |
| Short Title(s) as Passed House | Foreign Emissions and Nonattainment Clarification for Economic Stability Act |
| Official Titles from EH (Engrossed in House) bill text | To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes. |
| Short Title(s) as Passed House | FENCES Act |
| Short Title(s) as Reported to House | FENCES Act |
| Short Title(s) as Reported to House | Foreign Emissions and Nonattainment Clarification for Economic Stability Act |
| Official Title as Introduced | To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes. |
| Short Title(s) as Introduced | Foreign Emissions and Nonattainment Clarification for Economic Stability Act |
| Short Title(s) as Introduced | FENCES Act |
There are no amendments to this bill.
* = Original cosponsor
| Committee | Activity |
|---|---|
| Senate - Environment and Public Works Committee | 04/17/2026 Referred To |
| House - Energy and Commerce Committee | 04/16/2026 Unknown |
| House - Energy and Commerce Committee | 04/16/2026 Unknown |
| House - Energy and Commerce Committee | 04/15/2026 Unknown |
| House - Energy and Commerce Committee | 04/14/2026 Reported By |
| House - Energy and Commerce Committee | 04/09/2026 Reported By |
| House - Energy and Commerce Committee | 01/21/2026 Markup By |
| House - Energy and Commerce Committee | 12/03/2025 Referred To |
Policy Area: Environmental Protection
All data on this page comes from our own database (legislation.congress_* tables), synced daily from the GPO govinfo BILLSTATUS and BILLS collections. Formatted after congress.gov; nothing is generated. Member placement is their DW-NOMINATE score (voteview.com, Lewis et al.) - a measurement of roll-call voting behavior, not our judgement. Buckets: Left below −0.50 · Lean Left to −0.25 · Center to +0.25 · Lean Right to +0.50 · Right above +0.50. The bill's Support meter aggregates the people who signed the bill - sponsor and current cosponsors, each counted once - nothing else.