Foreign Emissions and Nonattainment Clarification for Economic Stability Act
- Introduced Dec 3
- Committee Dec 3
- Passed House Apr 16
- Passed Senate Next
- To President Not yet
- Law Not yet
Companies lobbying on this bill
2 companiesVotes
Procedural votes1
Member trades
Summary
Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act
Full summary4 paragraphs
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.
Library of Congress summary, Apr 9, 2026
- Reported to HouseApr 9, 2026
Actions
- SenateReceived in the Senate and Read twice and referred to the Committee on Environment and Public Works.Apr 17, 2026
- HouseMotion to reconsider laid on the table Agreed to without objection.Apr 16, 2026
- HouseOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).Apr 16, 2026
- HouseOn motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).Apr 16, 2026
- HouseConsidered as unfinished business. (consideration: CR H2937-2938)Apr 16, 2026
- HousePOSTPONED 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.Apr 15, 2026
- HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.Apr 15, 2026
- HouseMr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)Apr 15, 2026
- HouseThe previous question was ordered pursuant to the rule.Apr 15, 2026
- HouseDEBATE - The House proceeded with one hour of debate on H.R. 6409.Apr 15, 2026
- HouseRule 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.Apr 15, 2026
- HouseConsidered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)Apr 15, 2026
All actions23
- HouseRules 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.Apr 15, 2026
- HouseSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.Apr 14, 2026
- HouseReported by the Committee on Energy and Commerce. H. Rept. 119-594.Apr 9, 2026
- HousePlaced on the Union Calendar, Calendar No. 514.Apr 9, 2026
- HouseCommittee Consideration and Mark-up Session HeldJan 21, 2026
- HouseOrdered to be Reported by the Yeas and Nays: 25 - 22.Jan 21, 2026
- HouseSubcommittee Consideration and Mark-up Session HeldDec 10, 2025
- HouseForwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.Dec 10, 2025
- HouseIntroduced in HouseDec 3, 2025
- HouseReferred to the House Committee on Energy and Commerce.Dec 3, 2025
- HouseReferred to the Subcommittee on Environment.Dec 3, 2025
Bill record
Text versions4
- Referred in SenateApr 17, 2026PDF: Referred in Senate
- Engrossed in HouseApr 16, 2026PDF: Engrossed in House
- Reported in HouseApr 9, 2026PDF: Reported in House
- Introduced in HouseDec 3, 2025PDF: Introduced in House
Committees2
- Senate Environment and Public Works CommitteeReferred To Apr 17, 2026
- House Energy and Commerce CommitteeReported By Apr 14, 2026Reported By, Apr 9, 2026Markup By, Jan 21, 2026Referred To, Dec 3, 2025
- Subcommittee: Environment SubcommitteeReported by
Sponsor and cosponsors2 cosponsors
- Rep. August Pfluger (R-TX-11)Sponsor, Dec 3, 2025
- Dan Crenshaw (R-TX-2)Joined Dec 9, 2025
- Jeff Crank (R-CO-5)Joined Feb 24, 2026
Amendments0
No amendments offered
Cost estimates and reports2
- H. Rept. 119-594Committee report
- H. Rept. 119-594Committee report
Titles3
- Foreign Emissions and Nonattainment Clarification for Economic Stability ActShort Titles from RFS (Referred to Senate) bill text
- FENCES ActShort Titles from RFS (Referred to Senate) bill text
- To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.Official Title from EH (Engrossed in House) bill text
Subjects7
Related bills2
- S. 3836 119th, Related bill FENCES Act
- H.Res. 1174 119th, Related bill, Procedurally related 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.
Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.