119-hr-6409119th Congress

FENCES Act

Sponsored By: Representative Pfluger, August [R-TX-11]

Passed House

Summary

This bill would treat emissions from outside the United States, including natural sources, as part of state air-quality nonattainment decisions. It creates a process that lets states show that foreign, exceptional, or uncontrollable mobile emissions explain missed ozone or particulate standards and use that finding to avoid certain federal sanctions or fees.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

No sanctions for beyond control emissions

The bill would block certain EPA sanctions and fees in some polluted areas. It would apply to ozone areas rated Severe or Extreme, and particle areas rated Serious. Sanctions would not apply if the state shows the miss was due to outside-area emissions, an exceptional event, or mobile sources it cannot control while using all tools it has. States would still need to run plans to meet the standards. The state would have to renew this showing at least every 5 years. It would take effect upon enactment.

States avoid nonattainment from foreign pollution

The bill would let states count pollution that comes from outside the United States, even if it is not caused by people. EPA would not label an area nonattainment if the state shows the area would meet the standard but for that foreign pollution, to EPA’s satisfaction. This would apply to any new or revised air quality standard and would take effect upon enactment. This could reduce some local steps and costs tied to a nonattainment label.

Sponsors & CoSponsors

Sponsor

Pfluger, August [R-TX-11]

TX • R

Cosponsors

  • Rep. Crenshaw, Dan [R-TX-2]

    TX • R

    Sponsored 12/9/2025

  • Rep. Crank, Jeff [R-CO-5]

    CO • R

    Sponsored 2/24/2026

Roll Call Votes

All Roll Calls

Yes: 433 • No: 423

house vote • 4/16/2026

On Motion to Recommit

Yes: 213 • No: 215

house vote • 4/16/2026

On Passage

Yes: 220 • No: 208

View on Congress.gov
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