FENCES Act

Sponsored byRep. Pfluger, August [R-TX-11]TX· Introduced 3 December 2025

Open on Congress.gov

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

17 April 2026·3 months ago

Summary

Reported to House · Updated 13 April 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.

Timeline

27 actions

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
17 April 2026 · IntroReferral
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
16 April 2026 · Floor
Considered as unfinished business. (consideration: CR H2937-2938)
16 April 2026 · Floor
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
16 April 2026 · Floor
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
16 April 2026 · Floor
Motion to reconsider laid on the table Agreed to without objection.
16 April 2026 · Floor
Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
15 April 2026 · Floor
Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
15 April 2026 · Floor
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.
15 April 2026 · Floor
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
15 April 2026 · Floor
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 April 2026 · Floor
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.
15 April 2026 · Floor
The previous question was ordered pursuant to the rule.
15 April 2026 · Floor
DEBATE - The House proceeded with one hour of debate on H.R. 6409.
15 April 2026 · Floor
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
14 April 2026 · Committee
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
14 April 2026 · Committee
Placed on the Union Calendar, Calendar No. 514.
9 April 2026 · Calendars
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
9 April 2026 · Committee
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
9 April 2026 · Committee
Committee Consideration and Mark-up Session Held
21 January 2026 · Committee

7 earlier actionsView all on Congress.gov

Sponsorship

2 cosponsors

Sponsor

Rep. Pfluger, August [R-TX-11]TX

Cosponsors

Republican2100%

Republican:Rep. Crank, Jeff [R-CO-5]CO
Republican:Rep. Crenshaw, Dan [R-TX-2]TX

Classification

Policy area

Environmental Protection

Legislative subjects

Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilityState and local government operationsUser charges and fees

Committees

Energy and Commerce Committee
House · Standing
- Referred To3 Dec 2025
- Markup By21 Jan 2026
- Reported By9 Apr 2026
- Reported By14 Apr 2026
- Unknown15 Apr 2026
- Unknown16 Apr 2026
- Unknown16 Apr 2026
- Environment Subcommittee
  - Referred to3 Dec 2025
  - Markup by10 Dec 2025
  - Reported by10 Dec 2025
Environment and Public Works Committee
Senate · Standing
- Referred To17 Apr 2026

Reports

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Track FENCES Act as it moves through Congress