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HR 6409 Passed a chamber

Allows states to avoid Clean Air Act sanctions and fees for ozone and particulate pollution caused by emissions from outside the United States, exceptional events, or mobile sources they cannot control, and bars nonattainment designations based on foreign emissions.

Official title: FENCES Act

Next stop Senate: awaiting action
Timeline each lane is a chamber; dates pull from congress.gov actions
House
Introduced 03-DEC-2025
Referred 03-DEC-2025
Approved by committee 21-JAN-2026
Reported 09-APR-2026
On the calendar 09-APR-2026
Passed 16-APR-2026
Senate
Received 17-APR-2026
Key points
  • Bars designating an area as nonattainment for a new or revised air quality standard if the area would meet that standard but for emissions from outside the United States.
  • Adds Section 179C, under which sanctions and fees do not apply to certain severe or extreme ozone and serious particulate matter areas when the state shows the shortfall stems from outside emissions, exceptional events, or mobile sources beyond state control.
  • Requires states to renew this demonstration at least once every 5 years.
  • States that the exemption does not relieve states, areas, or sources of their duty to take steps to attain the standards.
AI-generated from the Referred in Senate text of 17-APR-2026 · verify · report an error
Official CRS summary

Covers an older version. The newest CRS summary describes the bill as of "Reported to House" (09-APR-2026); the text has changed since (Engrossed in House, 16-APR-2026).

CRS is the Library of Congress's nonpartisan research office. Read it on congress.gov
Committee referrals (3) Policy area

Environmental Protection

Sponsor August Pfluger (R-TX) Cosponsors · 2
■ 2 R
2 Republicans