FENCES Act

Where it stands

1. Introduced Done · Dec 3, 2025
2. Committee Done · Dec 3, 2025
3. Passed House Done · Apr 16, 2026
4. Passed Senate Not yet
5. President Not yet
6. Law Not yet

From the official actions on Congress.gov.

Key points

What it changes

A plain-language summary isn't ready yet. The official summary below describes the bill.

Who it affects

A plain-language summary isn't ready yet. The official summary below describes the bill.

What it costs

No cost estimate yet.

Where it stands

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. (Apr 17, 2026)

What happens next

The Senate would need to pass it next.

Official summary

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.

Summary by the Congressional Research Service (Reported to House version), via Congress.gov. These are proposed provisions, not enacted law.

Recorded votes

1. HOUSEFinal passageApr 16, 2026 · roll call 116

   On Passage: Passed (220–208)

   This vote decided whether the bill passes this chamber.
   Votes by party

   How each party voted on roll call 116

   Party	Yes	No	Present	Did not vote	Share voting Yes
   Democratic	6	207	0	0
   Republican	213	1	0	3
   Independent	1	0	0	0

   Party totals from the official roll call.

   Office of the Clerk, U.S. House ↗ — includes how every member voted

2. HOUSEProceduralApr 16, 2026 · roll call 115

   On Motion to Recommit: Failed (213–215)

   This vote set how the bill is debated. It is not a vote for or against the bill.
   Votes by party

   How each party voted on roll call 115

   Party	Yes	No	Present	Did not vote	Share voting Yes
   Democratic	213	0	0	0
   Republican	0	214	0	3
   Independent	0	1	0	0

   Party totals from the official roll call.

   Office of the Clerk, U.S. House ↗ — includes how every member voted

Vote types come from the official question text. How we label votes

Legislative history

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