FENCES Act

Bill Number: H.R. 6409
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Environmental Protection
Status: Passed House
Latest Action: 2026-04-17: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Last Updated: 2026-07-10T08:05:57Z

AI-Generated Summary

Purpose

The FENCES Act (H.R. 6409) amends the Clean Air Act to clarify that air pollution from outside the United States—or other uncontrollable sources—should not lead to penalties or "nonattainment" labels (areas failing to meet federal clean air standards) for U.S. regions. It aims to protect U.S. states and economies from emissions they cannot control.

Key Provisions

Clarifies "foreign emissions": Updates Section 179B to explicitly exclude emissions from outside the U.S., regardless of whether they come from human activity or natural sources (e.g., wildfires or volcanoes abroad), when determining if an area meets air quality standards.
Blocks nonattainment designations: Adds a new subsection (e) to Section 179B stating that an area cannot be labeled nonattainment for ozone or particulate matter (tiny air particles harmful to health) if the state proves it would meet standards but for foreign emissions.
Exempts sanctions and fees (new Section 179C):
No federal penalties or fees apply to "severe" or "extreme" ozone nonattainment areas, or "serious" particulate matter areas, if the state shows failure to meet standards is due to:
Emissions from outside the nonattainment area (not just foreign).
"Exceptional events" (rare, uncontrollable events like wildfires, defined in the Clean Air Act).
Mobile source emissions (e.g., vehicles or ships) that the state cannot fully control, if the state is implementing all possible measures.
Exemptions must be renewed by the state every 5 years.
States still must pursue plans and measures to improve air quality under other Clean Air Act rules.

Significant Changes to Existing Law

Broadens foreign emissions definition: Previously limited; now includes all sources outside the U.S., natural or man-made.
Adds protections against designations and penalties: New rules prevent nonattainment labels solely due to foreign pollution and exempt specific high-severity areas from sanctions/fees (under Sections 179 and 185) for broader uncontrollable reasons.
Requires periodic proof: States must demonstrate exemptions every 5 years, ensuring ongoing accountability.

Potential Impacts

Government agencies (e.g., EPA): Fewer nonattainment designations and enforcement actions, reducing administrative workload but maintaining oversight via renewals.
Citizens and states: Areas near borders (e.g., downwind of Mexico or Canada) or affected by international pollution may avoid stricter local rules, construction bans, or fees, potentially lowering costs for residents and businesses.
International relations: Shields U.S. areas from pollution crossing borders (e.g., from Asia or neighbors), but does not alter foreign emissions sources or U.S. diplomatic efforts on global air quality.

Main Stakeholders Affected

States with nonattainment areas: Especially those in the West or Southwest impacted by foreign or cross-border pollution; gain flexibility but retain attainment duties.
EPA (Environmental Protection Agency): Must evaluate state demonstrations, potentially approving more exemptions.
Local industries and businesses: In affected areas, benefit from avoided sanctions that could limit growth or raise costs.
Environmental advocates: May face challenges pushing for stricter local controls in exempted areas.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens defenses under the Clean Air Act for uncontrollable emissions, clarifying ambiguities to favor states; requires EPA approval of demonstrations, preserving federal role.
Constitutional: No direct challenges noted; aligns with federalism by giving states tools to prove limited control over air pollution.
Political: Promotes "economic stability" by reducing regulatory burdens from global factors, potentially aiding industries in polluted regions while balancing environmental obligations.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

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

Cosponsors (2)

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

Recent Actions

2026-04-17: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
2026-04-16: Motion to reconsider laid on the table Agreed to without objection.
2026-04-16: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). (Roll call 116)
2026-04-16: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). (Roll call 116)
2026-04-16: On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115). (Roll call 115)
2026-04-16: Considered as unfinished business. (consideration: CR H2937-2938)
2026-04-15: 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.
2026-04-15: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2026-04-15: Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
2026-04-15: The previous question was ordered pursuant to the rule.
2026-04-15: DEBATE - The House proceeded with one hour of debate on H.R. 6409.
2026-04-15: 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.
2026-04-15: Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
2026-04-15: 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.
2026-04-14: Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.

Bill Versions

Foreign Emissions and Nonattainment Clarification for Economic Stability Act — issued 2026-04-16 — PDF (6 pages)
Foreign Emissions and Nonattainment Clarification for Economic Stability Act — issued 2025-12-03 — PDF (4 pages)
Foreign Emissions and Nonattainment Clarification for Economic Stability Act — issued 2026-04-17 — PDF (5 pages)
Foreign Emissions and Nonattainment Clarification for Economic Stability Act — issued 2026-04-09 — PDF (6 pages)