WHAT THE LAW DOINCongress, in plain words

H.R. 6409 · 119th Congress

FENCES Act

Passed HouseEnvironmental Protection
IntroducedDec 3, 2025
Passed HouseApr 16, 2026
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Passed House. Latest step, Apr 17, 2026: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. The House passed it 220–208. All 4 of Iowa's representatives voted yes in the House. It would change 2 sections of existing law.

How this bill changes the law

Sourced

H.R. 6409 would change 2 sections of existing law. Read from the bill text as sent to the Senate (Apr 17, 2026).

42 U.S.C. 7509a International border areas

  • The section as a whole changed · Sec. 2(a) · see the words
  • (d) Attainment of PM–10 levels changed · Sec. 2(a) · see the words

42 U.S.C. 7401 Congressional findings and declaration of purpose

What the words would change: every change, in place (3)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 42 U.S.C. 7509achangedby H.R. 6409 Sec. 2(a)

    The bill says: by inserting "(regardless of whether such emissions result from human activity)" after "but for emissions emanating from outside of the United States" each place it appears; and

    Bill text · Current law (42 U.S.C. 7509a)

  2. 42 U.S.C. 7509a(d)changedby H.R. 6409 Sec. 2(a)

    (d) Attainment of PM–10 levels. Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State would have attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from outside the United States (regardless of whether such emissions result from human activity), shall not be subject to the provisions of section 7513(b)(2) of this title.

    The bill says: in subsection (d), by inserting "(regardless of whether such emissions result from human activity)" after "but for emissions emanating from outside the United States".

    Bill text · Current law (42 U.S.C. 7509a)

  3. 42 U.S.C. 7401added 179Cby H.R. 6409 Sec. 2(c)

    179C. Applicability of sanctions and fees if emissions beyond control.—(a) In general.— Notwithstanding any other provision of this Act, with respect to any nonattainment area that is classified under section 181 as a Severe Area or an Extreme Area for ozone or under section 188 as a Serious Area for particulate matter, no sanction or fee under section 179 or 185 shall apply with respect to a State (or an area or source therein) on the basis of a deficiency described in section 179(a), or the failure to attain a national ambient air quality standard for ozone or particulate matter by the applicable attainment date, if the State demonstrates that the State would have avoided such deficiency, or such standard would have been attained, but for one or more of the following:(1) Emissions emanating from outside the nonattainment area.(2) Emissions from an exceptional event (as defined in section 319(b)(1)).(3) Emissions from mobile sources to the extent the State demonstrates that—(A) such emissions are beyond the control of the State to reduce or eliminate; and(B) the State is fully implementing such measures as are within the authority of the State to control emissions from the mobile sources.(b) No effect on underlying standards.— The inapplicability of sanctions or fees with respect to a State (or an area or source therein) pursuant to subsection (a) does not affect the obligation of a State, area, source, or other entity under other provisions of this Act to establish and implement measures to attain a national ambient air quality standard for ozone or particulate matter.(c) Periodic renewal of demonstration.— For subsection (a) to continue to apply with respect to a State (or an area or source therein), the State involved shall renew the demonstration required by subsection (a) at least once every 5 years.

    The bill says: The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting after section 179B the following new section:

    Bill text · Current law (42 U.S.C. 7401)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

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.

Official summary by the Congressional Research Service (Reported to House, Apr 9, 2026).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Apr 17, 2026Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.Senate
  2. Apr 16, 2026Motion to reconsider laid on the table Agreed to without objection.House floor actions
  3. Apr 16, 2026On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). Roll call recordHouse floor actions
  4. Apr 16, 2026Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). Roll call recordLibrary of Congress
  5. Apr 16, 2026On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115). Roll call recordHouse floor actions
  6. Apr 16, 2026Considered as unfinished business. (consideration: CR H2937-2938)House floor actions
  7. Apr 15, 2026POSTPONED 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.House floor actions
  8. Apr 15, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.House floor actions
  9. Apr 15, 2026Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)House floor actions
  10. Apr 15, 2026The previous question was ordered pursuant to the rule.House floor actions
  11. Apr 15, 2026DEBATE - The House proceeded with one hour of debate on H.R. 6409.House floor actions
  12. Apr 15, 2026Rule 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.House floor actions
  13. Apr 15, 2026Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)House floor actions
  14. Apr 15, 2026Rules 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.House floor actions
  15. Apr 14, 2026Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.House floor actions
  16. Apr 14, 2026Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.Library of Congress
  17. Apr 9, 2026Placed on the Union Calendar, Calendar No. 514.House floor actions
  18. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.House floor actions
  19. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.Library of Congress
  20. Jan 21, 2026Ordered to be Reported by the Yeas and Nays: 25 - 22.House committee actions
  21. Jan 21, 2026Committee Consideration and Mark-up Session HeldHouse committee actions
  22. Dec 10, 2025Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.House committee actions
  23. Dec 10, 2025Subcommittee Consideration and Mark-up Session HeldHouse committee actions
  24. Dec 3, 2025Referred to the Subcommittee on Environment.House committee actions
  25. Dec 3, 2025Referred to the House Committee on Energy and Commerce.House floor actions
  26. Dec 3, 2025Introduced in HouseLibrary of Congress
  27. Dec 3, 2025Introduced in HouseLibrary of Congress

Show key steps only

Recorded votes

Sourced
  1. Apr 16, 2026 · HousePassed 220–208
    Iowa: Randy Feenstra yes, Ashley Hinson yes, Mariannette Miller-Meeks yes, Zachary Nunn yes
    On Passage · needed a majority
    R 213 yes, 1 noI 1 yes, 0 noD 6 yes, 207 noEach member · Record
1 other recorded vote (procedure and amendments)
  1. Apr 16, 2026 · HouseFailed 213–215
    Iowa: Randy Feenstra no, Ashley Hinson no, Mariannette Miller-Meeks no, Zachary Nunn no
    On Motion to Recommit · needed a majority
    R 0 yes, 214 noI 0 yes, 1 noD 213 yes, 0 noEach member · Record

Cosponsors

  • Jeff Crank R-CO-5
  • Dan Crenshaw R-TX-2