FENCES Act

What this measure contains

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.

The latest Congressional Research Service summary in the bill's GovInfo status record, or its official title when no summary has been published. Amendments can change the wording; read a specific version for its complete provisions.

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Bill text and versions

Drafts can change as a measure moves through Congress. Check the version attached to a recorded vote.

• Referred in Senate · Official document ↗· Apr 17, 2026
• Engrossed in House · Official document ↗· Apr 16, 2026
• Reported in House · Official document ↗· Apr 9, 2026
• Introduced in House · Official document ↗· Dec 3, 2025

Legislative path

Each stage below is a House or Senate floor decision: every recorded roll call on this measure, plus passage by voice vote or unanimous consent, which records no individual votes. Each stage shows the latest version published before that day; the chamber may have voted on an amended text. Roll calls name every member. A member's row follows their votes, and a highlighted vote marks where they voted for advancing the measure at one stage and against it at another (passage, cloture, motions to proceed, agreeing to the other chamber's version). Amendments and motions such as recommit or table don't count as a change, because an aye there isn't a vote for the measure.

1. Introduced in House
2. Reported in House
3. Engrossed in Houseby House passage
4. Referred in Senate

Decision stages

1. Apr 16, 2026 · House

   House motion to recommit on Reported in House: Failed

   213 aye · 215 no · 3 not voting · Source roll call

2. Apr 16, 2026 · House

   House passage on Reported in House: Passed, reported as Engrossed in House

   220 aye · 208 no · 3 not voting · Source roll call

House members along the path

Aye yea or aye · No nay or no · Present · NV not voting · Changed reversed on advancing the measure

Members are identified by the Bioguide ID in each roll call, not by name. Not voting is not a no vote; a blank cell means the member wasn't listed for that roll call.Congress.gov actions ↗

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Legislative history

1. Dec 3, 2025

   Introduced in House

2. Dec 3, 2025

   Referred to the House Committee on Energy and Commerce.

3. Dec 3, 2025

   Referred to the Subcommittee on Environment.

4. Dec 10, 2025

   Subcommittee Consideration and Mark-up Session Held

5. Dec 10, 2025

   Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.

6. Jan 21, 2026

   Committee Consideration and Mark-up Session Held

7. Jan 21, 2026

   Ordered to be Reported by the Yeas and Nays: 25 - 22.

8. Apr 9, 2026

   Reported by the Committee on Energy and Commerce. H. Rept. 119-594.

9. Apr 9, 2026

   Placed on the Union Calendar, Calendar No. 514.

10. Apr 14, 2026

    Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.

11. 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.

12. Apr 15, 2026

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

13. 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.

14. Apr 15, 2026

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

15. Apr 15, 2026

    The previous question was ordered pursuant to the rule.

16. Apr 15, 2026

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

17. Apr 15, 2026

    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

18. 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.

19. Apr 16, 2026

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

20. Apr 16, 2026

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

21. Apr 16, 2026

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

22. Apr 16, 2026

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

23. Apr 16, 2026

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

24. Apr 17, 2026

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

Bill sponsors