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HR 6409
Passed House Re-checks Congress.gov for new actions and updates the bill's status, and fills in any sponsors, committees, or related bills that are missing. It does not re-pull sponsors/cosponsors/committees/related — those rarely change — and it skips all work if nothing has changed upstream, so it's cheap to click.

FENCES Act

H. R. 6409 To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.

Introduced Dec 3, 2025

Latest action (Apr 17, 2026) Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Referred to
Environment and Public Works Committee Energy and Commerce Committee
Policy area
Environmental Protection
Issues
Climate & Energy
Legislative subjects (6)
Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilityState and local government operationsUser charges and fees

Summary

This bill amends the Clean Air Act to clarify how emissions from outside the United States are considered in air quality standards. States may avoid being designated as nonattainment areas (areas failing to meet air quality standards) if they demonstrate that the area would meet standards but for emissions coming from outside the United States. States can also be exempted from sanctions and fees for failing to meet air quality standards if they demonstrate the failure is due to emissions from outside their area, exceptional events like wildfires, or mobile source emissions beyond state control. States must renew such demonstrations every five years. The bill does not eliminate underlying requirements for states to implement measures to attain air quality standards.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)
2 cosponsors

Money behind the sponsor

Top reported contributors to August Pfluger’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

  • NULL $47,234
  • EXECUTIVE $25,100
  • OWNER $23,150
  • NOT IN WORKFORCE $22,585
  • CEO $22,300

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for August Pfluger → · Outside spending →

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

How your representatives voted

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Roll-call votes (2)

How the chamber voted on this bill — the outcome, the tally by party, and every member's recorded position. A factual record.

More bills on these subjects (8)

Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).

  • HR 191 — Inflation Reduction Act of 2025 (shares 5 subjects)
  • S 3836 — FENCES Act (shares 4 subjects)
  • HR 4754 — Department of the Interior, Environment, and Related Agencies Appropriations Act, 2026 (shares 4 subjects)
  • HR 9770 — Continuing Appropriations Act, 2027 (shares 3 subjects)
  • S 2975 — PIPELINE Safety Act of 2025 (shares 3 subjects)
  • HR 4218 — CLEAR Act (shares 3 subjects)
  • HR 7006 — Financial Services and General Government and National Security, Department of State, and Related Programs Appropriations Act, 2026 (shares 3 subjects)
  • S 2882 — Continuing Appropriations and Extensions and Other Matters Act, 2026 (shares 3 subjects)

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

  • S 3836 — FENCES Act · Introduced Feb 11, 2026 · Cong. 119 92%
  • HR 4218 — CLEAR Act · Introduced Jan 21, 2026 · Cong. 119 75%
  • HR 9083 — State Emissions Authority Act of 2026 · Introduced Jun 2, 2026 · Cong. 119 71%
  • HR 9808 — No Passes for Polluters Act of 2026 · Introduced Jul 21, 2026 · Cong. 119 71%
  • HR 8529 — Fair Air Standards Act · Introduced Apr 27, 2026 · Cong. 119 70%
  • HRES 1174 — Providing for consideration of the bill (H.R. 6387) to amend the Clean Air Act to require revisions to regulations governing the review and handling of air quality monitoring data influenced by exceptional events or actions to mitigate wildfire risk; providing for consideration of the bill (H.R. 6398) to amend the Clean Air Act relating to review by the Environmental Protection Agency of proposed legislation; providing for consideration of 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 purposes; and providing for consideration of the resolution (H. Res. 1156) expressing support for tax policies that support working families. · Passed House Apr 15, 2026 · Cong. 119 68%

Committee action

What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.

Meetings where this bill was on the agenda

Full text

IN THE HOUSE OF REPRESENTATIVES

December 3, 2025

Mr. Pfluger introduced the following bill; which was referred to the Committee on Energy and Commerce

April 9, 2026

Additional sponsors: Mr. Crenshaw and Mr. Crank

April 9, 2026

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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:

“SEC. 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.”. Union Calendar No. 514

119th CONGRESS

2d Session

H. R. 6409

[Report No. 119-594]

A BILL

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

April 9, 2026

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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