HR 6409 119th Congress
FENCES Act
To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.
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Bill journey
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Introduction Congress.gov
Introduced
Introduced in the House.
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Referred to the Subcommittee on Environment.
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Referred to the House Committee on Energy and Commerce.
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Introduced in House
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Introduced in House
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Introduced in House
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Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
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Subcommittee Consideration and Mark-up Session Held
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Ordered to be Reported by the Yeas and Nays: 25 - 22.
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Committee Consideration and Mark-up Session Held
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Placed on the Union Calendar, Calendar No. 514.
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Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
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Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
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Reported in House
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Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
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Official action Congress.gov · 9:14 am UTC
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.
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Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
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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.
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DEBATE - The House proceeded with one hour of debate on H.R. 6409.
Open bill recordOfficial action Congress.gov · 3:02 pm UTC
The previous question was ordered pursuant to the rule.
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Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
Open bill recordOfficial action Congress.gov · 3:03 pm UTC
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Open bill recordOfficial action Congress.gov · 3:03 pm UTC
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.
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Engrossed in House
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Considered as unfinished business. (consideration: CR H2937-2938)
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On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
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On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
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Motion to reconsider laid on the table Agreed to without objection.
Open bill recordHouse roll call Congress.gov · 4:13 pm UTC
House roll 115
On Motion to Recommit
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House roll 116
On Passage
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Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
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Referred in Senate
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View the complete bill journey as an accessible table
| Date and time | Record | Official detail | Source |
|---|---|---|---|
| IntroductionIntroduced | Introduced in the House. | Congress.gov | |
| Official actionReferred to the Subcommittee on Environment. | No additional detail supplied.Committee · House committee actions · Code H11000 | Congress.gov | |
| Official actionReferred to the House Committee on Energy and Commerce. | No additional detail supplied.IntroReferral · House floor actions · Code H11100 | Congress.gov | |
| Official actionIntroduced in House | No additional detail supplied.IntroReferral · Library of Congress · Code Intro-H | Congress.gov | |
| Official actionIntroduced in House | No additional detail supplied.IntroReferral · Library of Congress · Code 1000 | Congress.gov | |
| Text versionIntroduced in House | A dated text-version record is available. | Congress.gov | |
| Official actionForwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11. | No additional detail supplied.Committee · House committee actions · Code H23000 | Congress.gov | |
| Official actionSubcommittee Consideration and Mark-up Session Held | No additional detail supplied.Committee · House committee actions · Code H22000 | Congress.gov | |
| Official actionOrdered to be Reported by the Yeas and Nays: 25 - 22. | No additional detail supplied.Committee · House committee actions · Code H19000 | Congress.gov | |
| Official actionCommittee Consideration and Mark-up Session Held | No additional detail supplied.Committee · House committee actions · Code H15001 | Congress.gov | |
| Official actionPlaced on the Union Calendar, Calendar No. 514. | No additional detail supplied.Calendars · House floor actions · Code H12410 | Congress.gov | |
| Official actionReported by the Committee on Energy and Commerce. H. Rept. 119-594. | No additional detail supplied.Committee · House floor actions · Code H12200 | Congress.gov | |
| Official actionReported by the Committee on Energy and Commerce. H. Rept. 119-594. | No additional detail supplied.Committee · Library of Congress · Code 5000 | Congress.gov | |
| Text versionReported in House | A dated text-version record is available. | Congress.gov | |
| Official actionSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II. | No additional detail supplied.Committee · House floor actions · Code H12210 | Congress.gov | |
| Official actionSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II. | No additional detail supplied.Committee · Library of Congress · Code 5000 | Congress.gov | |
| Official actionRules 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. | No additional detail supplied.Floor · House floor actions · Code H1L210 | Congress.gov | |
| Official actionConsidered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903) | No additional detail supplied.Floor · House floor actions · Code H30000 | Congress.gov | |
| Official actionRule 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. | No additional detail supplied.Floor · House floor actions · Code H8D000 | Congress.gov | |
| Official actionDEBATE - The House proceeded with one hour of debate on H.R. 6409. | No additional detail supplied.Floor · House floor actions · Code H8D000 | Congress.gov | |
| Official actionThe previous question was ordered pursuant to the rule. | No additional detail supplied.Floor · House floor actions · Code H35000 | Congress.gov | |
| Official actionMr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909) | No additional detail supplied.Floor · House floor actions · Code H36200 | Congress.gov | |
| Official actionThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. | No additional detail supplied.Floor · House floor actions · Code H8A000 | Congress.gov | |
| Official actionPOSTPONED 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. | No additional detail supplied.Floor · House floor actions · Code H8D000 | Congress.gov | |
| Text versionEngrossed in House | A dated text-version record is available. | Congress.gov | |
| Official actionConsidered as unfinished business. (consideration: CR H2937-2938) | No additional detail supplied.Floor · House floor actions · Code H30000 | Congress.gov | |
| Official actionOn motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115). | No additional detail supplied.Floor · House floor actions · Code H36210 | Congress.gov | |
| Official actionOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). | No additional detail supplied.Floor · House floor actions · Code H37100 | Congress.gov | |
| Official actionPassed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116). | No additional detail supplied.Floor · Library of Congress · Code 8000 | Congress.gov | |
| Official actionMotion to reconsider laid on the table Agreed to without objection. | No additional detail supplied.Floor · House floor actions · Code H38310 | Congress.gov | |
| House roll callHouse roll 115 | On Motion to RecommitFailed | Congress.gov | |
| House roll callHouse roll 116 | On PassagePassed | Congress.gov | |
| Official actionReceived in the Senate and Read twice and referred to the Committee on Environment and Public Works. | No additional detail supplied.IntroReferral · Senate | Congress.gov | |
| Text versionReferred in Senate | A dated text-version record is available. | Congress.gov |
House roll calls join only on matching Congress, legislation type, and number. Senate roll calls join only on matching source-supplied document type and number, not question text. Committee and related-measure relationships have no date in their relationship records and therefore are counted above but never placed on the chronology.
Congressional Research Service
CRS 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.
Official documents
Text versions
- Referred in SenateApr 17, 2026
- Engrossed in HouseApr 16, 2026
- Reported in HouseApr 9, 2026
- Introduced in HouseDec 3, 2025