House · On PassagePassed
Yea 220 Nay 208 Present / not voting 3
H.R. 6409 · 119th CongressIn committee
FENCES Act
Latest action. Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Live record from Congress.gov, updated as the official record changes.
What this bill would do
Official summary · Congressional Research ServiceForeign 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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to House" stage on April 9, 2026. It describes the bill, it is not the legal text.
Status
Introduced
December 3, 2025
In committee
April 17, 2026
Passed a chamber
Cleared Congress
Enacted
Common questions
Composed from the official recordWhere is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 17, 2026: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 118th Congress (2023-24), 274 of the 16,565 bills and joint resolutions introduced became law, about 1.7 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
Yes. 2 recorded roll-call votes cite this measure, listed further down this page with every member's position.
Who is behind it?
August Pfluger (R-TX) introduced it on December 3, 2025, and 2 members have since signed on as cosponsors.
They are 2 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on December 3, 2025, 281 days ago. The most recent recorded action was 146 days ago, on April 17, 2026.
Measures do not carry over. Anything the 119th Congress has not finished by January 3, 2027 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HousePassed on a recorded vote (official bill record may lag)
- SenateAwaiting Senate vote
- PresidentAwaits both chambers
House · On Motion to RecommitFailed
Yea 213 Nay 215 Present / not voting 3