All Roll Calls
Yes: 433 • No: 423
HR6409119th Congress
FENCES Act
Sponsored By: Representative Pfluger
Passed House
Summary
Shields states from sanctions when pollution originates outside the U.S. This bill narrows how the Clean Air Act treats cross‑border and other uncontrollable emissions and creates a limited exception process for certain nonattainment sanctions and designations.
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- States gain a clear pathway to block a nonattainment designation if an area would meet air standards "but for" emissions coming from outside the United States, and that includes emissions not caused by human activity.
- For areas classified as Severe or Extreme for ozone or Serious for particulate matter, the law prevents sanctions or fees if the state shows the shortfall is due to outside emissions, an exceptional event, or mobile‑source emissions the state cannot control.
- States must keep pursuing local controls and must renew the demonstration that justifies avoiding sanctions at least every 5 years, so the exemption is time‑limited and conditional.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
States could avoid air‑quality failure from foreign pollution
For any new or revised national air‑quality standard, a State would be able to avoid a “nonattainment” label if it persuades EPA the area would meet the standard but for pollution from outside the United States. EPA and States would have to count outside pollution even when it does not come from human activity. The same clarification would guide 179B demonstrations and EPA reviews.
States get relief from some EPA sanctions
If enacted, States with Severe or Extreme ozone areas or Serious particulate matter areas would not face sanctions or fees under Clean Air Act sections 179 and 185 if they show the shortfall would be avoided but for certain causes. Those causes would be pollution from outside the nonattainment area, an exceptional event, or mobile‑source pollution the State cannot control while using all in‑state tools. The State would need to renew this showing at least every five years. This would not remove other Clean Air Act duties to plan and cut pollution.
Sponsors & CoSponsors
Sponsor
Pfluger
TX • R
Cosponsors
Crenshaw
TX • R
Sponsored 12/9/2025
Rep. Crank, Jeff [R-CO-5]
CO • R
Sponsored 2/24/2026
Roll Call Votes
house vote • 4/16/2026
On Passage
Yes: 220 • No: 208
house vote • 4/16/2026
On Motion to Recommit
Yes: 213 • No: 215