H.R.6409 FENCES Act
Foreign Emissions and Nonattainment Clarification for Economic Stability (FENCES) Act — amends the Clean Air Act to exclude foreign-origin emissions from nonattainment-area determinations, softening EPA enforcement against communities with high cross-border pollution (119th Congress)
View on Congress.govBill activity
Introduced Dec 3, 2025 by August Pfluger (R-TX). 2 cosponsors as of Feb 24, 2026. Passed the House Apr 16, 2026, 220-208.
- Reached the House floor after the House Committee on Energy and Commerce reported it (H. Rept. 119-594), under a special rule from the Rules Committee (H.Res.1174).
- IntroducedDec 3, 2025
- Passed HouseApr 16, 2026
- Passed Senate
- To President
- Became Law
Latest action Apr 17, 2026: Received in the Senate and Read twice and referred to the Senate Committee on Environment and Public Works.
Sponsor August Pfluger (R-TX)
2 cosponsors:
- Dan Crenshaw (R-TX) Dec 9, 2025
- Jeff Crank (R-CO) Feb 24, 2026
Cosponsorship closed Apr 9, 2026 (119th Congress): the House Energy and Commerce Committee reported the bill.
Activity log
- Introduced in House
- Referred to the House Committee on Energy and Commerce.
- Referred to the Subcommittee on Environment.House
- Dan Crenshaw cosponsored (R-TX)
- Subcommittee Consideration and Mark-up Session HeldHouse
- Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.House
- Committee Consideration and Mark-up Session HeldHouse
- Ordered to be Reported by the Yeas and Nays: 25 - 22.House
- Jeff Crank cosponsored (R-CO)
- Reported by the House Committee on Energy and Commerce. H. Rept. 119-594.
- Placed on the Union Calendar, Calendar No. 514.House
- Supplemental report filed by the House Committee on Energy and Commerce, H. Rept. 119-594, Part II.House
House floor day: vote on the rule (H.Res.1174) (10 steps)
- Rules 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...
- On ordering the previous question Agreed to by the Yeas and Nays: 212 - 211 (Roll no. 111).
- Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 214 - 212 (Roll no. 112).
- Considered under the provisions of rule H. Res. 1174.
- 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...
- DEBATE - The House proceeded with one hour of debate on H.R. 6409.
- The previous question was ordered pursuant to the rule.
- Mr. Min moved to recommit to the House Committee on Energy and Commerce.
- The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- POSTPONED 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...
House floor day: motion to recommit, passage (3 steps)
- Considered as unfinished business.
- On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
- On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
- House vote: Passage of the billCounted in grades
Passed, 220-208
Of 2 cosponsors: 2 voted yea, 0 voted nay.
Member breakdown · Official House roll call 116 - Motion to reconsider laid on the table Agreed to without objection.House
- Received in the Senate and Read twice and referred to the Senate Committee on Environment and Public Works.
Votes on this bill
4 votes: 4 recorded roll calls and 0 decided without a recorded vote, 0 of them on amendments. Showing 1 below; 3 procedural votes are behind "Show all 4 votes". Votes counted in grades are marked.
Apr 15, 20261:30 pmHouseVote to end debate on the rule (ordering the previous question)
H.Res.1174On ordering the previous question Agreed to by the Yeas and Nays: 212 - 211 (Roll no. 111).Agreed to212-211Nay
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 211 | 0 | 2 |
| Republican | 211 | 0 | 0 | 6 |
| Independent | 1 | 0 | 0 | 0 |
| Total | 212 | 211 | 0 | 8 |
Apr 15, 20261:37 pmHouseVote on the rule (H.Res.1174)On agreeing to the resolution Agreed to by recorded vote: 214 - 212 (Roll no. 112).Agreed to214-212Nay
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 212 | 0 | 1 |
| Republican | 213 | 0 | 0 | 4 |
| Independent | 1 | 0 | 0 | 0 |
| Total | 214 | 212 | 0 | 5 |
Apr 16, 202612:14 pmHouseMotion to recommit (send the bill back to committee)On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).Failed213-215Yea
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 213 | 0 | 0 | 0 |
| Republican | 0 | 214 | 0 | 3 |
| Independent | 0 | 1 | 0 | 0 |
| Total | 213 | 215 | 0 | 3 |
Apr 16, 202612:21 pmHousePassage of the billCounted in gradesOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).Passed220-208Nay
Counted in grades
Of 2 cosponsors: 2 voted yea, 0 voted nay. Question voted on: Passage of the bill
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 6 | 207 | 0 | 0 |
| Republican | 213 | 1 | 0 | 3 |
| Independent | 1 | 0 | 0 | 0 |
| Total | 220 | 208 | 0 | 3 |
FENCES Act — narrows the Clean Air Act nonattainment framework by exempting foreign-origin emissions. The change reduces EPA leverage to require pollution controls in communities where ambient air quality fails federal standards.