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H.R. 6409 House Environmental Protection

Foreign Emissions and Nonattainment Clarification for Economic Stability Act

Introduced
Dec 3, 2025
Sponsor
Rep. Pfluger, August (R-TX-11)
View on Congress.gov

STAGE 4 OF 8 — HOUSE FLOOR

Currently in the House. Last action: received in the senate and read twice and referred to the committee on environment and public works on Apr 17, 2026.

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

Cosponsors

2

Subjects

Air qualityCivil actions and liabilityClimate change and greenhouse gasesPollution liabilityState and local government operationsUser charges and fees

Committees

  • Environment and Public Works Committee
    • Referred To , Apr 17, 2026
  • Energy and Commerce Committee
    • Unknown , Apr 16, 2026
    • Unknown , Apr 15, 2026
    • Reported By , Apr 14, 2026
    • Reported By , Apr 9, 2026
    • Markup By , Jan 21, 2026
    • Referred To , Dec 3, 2025

Summary

Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES ActThis 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 as of: Reported to House

Bill Text

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