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CIVIC HERALD
HR 6409 · 119th Congress · HouseIn committee

FENCES Act

Provisional: our plain-language summary, pending review.

In plain language: This bill protects local communities and businesses from federal penalties when their air quality fails national health standards due to pollution beyond their control. States would avoid cuts to federal highway funds, and local factories and refineries would be spared penalty fees, if officials prove their smog or soot is driven by foreign pollution, wildfires, or interstate traffic outside state regulatory power. In addition, areas that would meet clean air targets if not for pollution blowing in from other countries could avoid being officially labeled as failing air quality zones. States would have to renew these pollution studies every five years to keep their protections while continuing to enforce local emission limits.

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Provisionalunreviewed: impact, provisions, stakeholders, summary
People affected—Not determinable from the text provided; applies broadly to qualifying nonattainment jurisdictions and sources rather than a specified population count.
Fiscal magnitude—Not determinable from the text provided; the bill waives statutory Clean Air Act sanctions and penalty fees under sections 179 and 185 for qualifying areas, but specifies no budget authorizations or appropriations.
Reach
provisional · pending review54rigor: heuristic llm
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Issues

What this bill touches.

Pollution & development−35Federal vs. state/local−30

The sign shows the bill's direction on each issue (+ toward, − away); the number is its magnitude. Color never encodes good or bad, and never party.

Who it affects

Who it helps · who it burdens.

Provisional: our reading of who it affects, pending review.

Who it helps

  • state governments and environmental agenciesAre shielded from having areas designated as nonattainment if pollution from outside the U.S. causes the violation, and avoid federal Clean Air Act sanctions and penalty fees if violations stem from outside emissions, exceptional events, or uncontrollable mobile sources (Sec. 2(b), Sec. 2(c)).provisional
  • regulated industrial facilities in high-pollution areasAre exempted from Clean Air Act penalty fees under section 185 and associated sanctions if their area's failure to meet ozone or particulate matter standards is caused by emissions from outside the area, exceptional events, or uncontrollable mobile sources (Sec. 2(c)).provisional

Who it burdens

  • state governments and environmental agenciesMust prepare and submit renewed demonstrations to the federal government at least once every five years proving that uncontrollable emissions caused the air quality violations to maintain their exemption from sanctions and fees (Sec. 2(c)).provisional
  • Environmental Protection AgencyIs barred from designating an area as nonattainment when international emissions cause standard violations and is restricted from imposing section 179 sanctions or section 185 penalty fees on qualifying areas and sources (Sec. 2(b), Sec. 2(c)).provisional

Dollar-level funding (FEC sector totals) is coming in a later phase.

What it does

The provisions, in plain language.

Provisional: our reading of what the bill does, pending review.

Show all 5 provisions

  1. Clarifies that international air pollution evaluated under Clean Air Act relief provisions includes foreign emissions regardless of whether they come from human activity or natural sources.

    Sec. 2(a)provisional

  2. Bars the Environmental Protection Agency from designating an area as failing federal air quality standards if the state demonstrates the area would comply but for pollution coming from outside the United States.

    Sec. 2(b)provisional

  3. Waives federal Clean Air Act sanctions and penalty fees for qualifying ozone and particulate matter areas if violations are caused by pollution from outside the area, exceptional events, or vehicle emissions beyond state control.

    Sec. 2(c)provisional

  4. Clarifies that waiving federal sanctions or fees does not relieve states or regulated polluters of their legal duty to adopt and enforce plans to meet air quality standards.

    Sec. 2(c)provisional

  5. Requires states to renew their demonstration of uncontrollable emissions at least once every five years to keep their exemption from federal sanctions and fees.

    Sec. 2(c)provisional

  1. Clarifies that international air pollution evaluated under Clean Air Act relief provisions includes foreign emissions regardless of whether they come from human activity or natural sources.

    Sec. 2(a)provisional

  2. Bars the Environmental Protection Agency from designating an area as failing federal air quality standards if the state demonstrates the area would comply but for pollution coming from outside the United States.

    Sec. 2(b)provisional

  3. Waives federal Clean Air Act sanctions and penalty fees for qualifying ozone and particulate matter areas if violations are caused by pollution from outside the area, exceptional events, or vehicle emissions beyond state control.

    Sec. 2(c)provisional

How your members of Congress line up

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The record

How members voted on FENCES Act.

Recorded roll calls on this bill, most recent first. Open one to see each member's position.

  • House · Apr 16, 2026 · YEA-AND-NAY

    On Passage · Passed

    Source →

  • House · Apr 16, 2026 · YEA-AND-NAY

    On Motion to Recommit · Failed

    Source →

Timeline

How it moved.

Show all 24 actions
  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 9, 2026Placed on the Union Calendar, Calendar No. 514.
  17. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
  18. Jan 21, 2026Ordered to be Reported by the Yeas and Nays: 25 - 22.
  19. Jan 21, 2026Committee Consideration and Mark-up Session Held
  20. Dec 10, 2025Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
  21. Dec 10, 2025Subcommittee Consideration and Mark-up Session Held
  22. Dec 3, 2025Referred to the Subcommittee on Environment.
  23. Dec 3, 2025Referred to the House Committee on Energy and Commerce.
  24. Dec 3, 2025Introduced in House
  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 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.
  7. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
  8. Jan 21, 2026Ordered to be Reported by the Yeas and Nays: 25 - 22.
  9. Dec 3, 2025Introduced in House

The original text

Read it for yourself.

Read the original text →

Sources & provenance

Congress.govrefreshed 3 months ago

Cite this page

Civic Herald. “FENCES Act (H.R. 6409, 119th Congress).” https://civicherald.app/bills/119-hr-6409. Congress.gov record as of Jul 17, 2026.

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