H.R. 6409 — 119th Congress
FENCES Act
Sponsor
More bills from this sponsor
119th Congress| Measure | Title |
|---|---|
| H.R. 7084 · Transportation and Public Works | Defending American Property Abroad Act of 2026 |
| H.R. 1949 · Energy | Unlocking our Domestic LNG Potential Act of 2025 |
| H.R. 884 · Government Operations and Politics | To prohibit individuals who are not citizens of the United States from voting in elections in the District of Columbia and to repeal the Local Resident Voting Rights Amendment Act of 2022. |
| H.R. 881 · Education | DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act |
| H.R. 530 · Armed Forces and National Security | ACES Act |
Latest action
Apr 17, 2026Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
CRS summary
As of Apr 9, 2026Reported to House
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.
Congressional Research Service, via api.congress.gov (public domain)
Roll-call votes
2 on recordApr 16, 2026 · On Passage
Full roll callYea — 220: 213 R · 6 D · 1 I
Nay — 208: 207 D · 1 R
Not Voting — 3: 3 R
| Member | State |
|---|---|
| Paul A. Gosar | AZ |
| Thomas H. Kean, Jr. | NJ |
| Nancy Mace | SC |
Apr 16, 2026 · On Motion to Recommit
Full roll callYea — 213: 213 D
Nay — 215: 214 R · 1 I
Not Voting — 3: 3 R
| Member | State |
|---|---|
| Thomas H. Kean, Jr. | NJ |
| Josh Brecheen | OK |
| Nancy Mace | SC |
Member pages currently show roll-call votes from the 119th Congress only. The “Member pages” column marks votes from that congress.