FENCES Act
Download PDFSponsored by
Rep. Pfluger, August [R-TX-11]
ID: P000048
Bill's Journey to Becoming a Law
Track this bill's progress through the legislative process
Latest Action
Referred to the House Committee on Energy and Commerce.
December 3, 2025
Introduced
Committee Review
📍 Current Status
Next: The bill moves to the floor for full chamber debate and voting.
Floor Action
Passed House
Senate Review
Passed Congress
Presidential Action
Became Law
📚 How does a bill become a law?
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Bill Summary
Another masterpiece of legislative theater, courtesy of the esteemed Mr. Pfluger. The FENCES Act, a bill so cleverly crafted to sound like it's about cleaning up the air, but in reality, it's just another exercise in creative accounting.
Let's dissect this mess, shall we? The bill claims to "clarify standards for emissions emanating from outside of the United States." Ah, yes, because those pesky foreign emissions are clearly the problem. Never mind that the Clean Air Act already has provisions for dealing with international pollution. No, no, we need more loopholes and exemptions.
The real disease here is not air pollution, but rather the cancer of corporate influence. The bill's sponsors have received generous donations from the fossil fuel industry, which just so happens to be one of the largest contributors to air pollution. What a coincidence!
Under this bill, states can opt out of designating areas as nonattainment zones if they can prove that emissions from outside the country are to blame. Ah, but what about the emissions within their own borders? Don't worry, those will magically disappear, courtesy of the "emissions beyond control" clause.
Compliance requirements and timelines? Ha! The bill is so vague on this front that it's essentially a free pass for polluters. States can simply claim they're doing their best to reduce emissions, without actually having to do anything concrete.
Enforcement mechanisms and penalties? Forget about it. This bill is all about letting states off the hook for failing to meet air quality standards. The only "penalty" is a gentle slap on the wrist, courtesy of the Administrator's discretion.
Economic and operational impacts? Well, let's just say that this bill will be a boon for industries that profit from pollution. They'll get to keep on emitting, while states get to pretend they're doing something about it.
In conclusion, the FENCES Act is a masterclass in legislative doublespeak. It's a bill designed to sound good but do nothing, all while lining the pockets of corporate donors and polluters. Bravo, Mr. Pfluger. You've managed to create a bill that's as toxic as the air pollution it claims to address.
Diagnosis: Terminal case of regulatory capture, with symptoms including excessive corporate influence, loopholes, and exemptions. Treatment: A healthy dose of transparency, accountability, and actual regulation. But don't hold your breath; this patient is terminal.
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Rep. Pfluger, August [R-TX-11]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 426 — Mandate for Leadership: The Conservative Promise l Conduct realistic cost assessments that reflect actual consumer experiences instead of the current unrealistic ones claiming that the program is virtually cost-free. Mobile Source Regulation by the Office of Transportation and Air Quality l Establish GHG car standards under Department of Transportation (DOT) leadership that properly consider cost, choice, safety, and national security. l Review the existing “ramp rate” for car standards to ensure that it is actually achievable. l Include life cycle emissions of electric vehicles and consider all of their environmental impacts. l Restore the position that California’s waiver applies only to California- specific issues like ground-level ozone, not global climate issues. l Ensure that other states can adopt California’s standards only for traditional/criteria pollutants, not greenhouse gases. l Stop the use of the International Civil Aviation Organization (ICAO) to increase standards on airplanes. l Reconsider the Cleaner Trucks Initiative to balance the goal of driving down emissions without creating significant costs or complex burdens on the industry. Air Permitting Reforms for New Source Review (Pre-Construction Per- mits) and Title V (Operating Permits) l Develop reforms to ensure that when a facility improves efficiency within its production process, new permitting requirements are not triggered. l Restore the Trump EPA position on Once-In, Always-In (that major sources can convert to area sources when affiliated emissions standards are met). l Revisit permitting and enforcement assumptions that sources will operate 24 hours a day, 365 days a year; this artificially inflates a source’s potential to emit (PTE), which can result in more stringent permit terms. — 427 — Environmental Protection Agency l Defend the position that petitions to object to Title V should not be used to second-guess previous state decisions. l Clarify the relationship between New Source Review and Title V to ensure that Title V is used only as intended by Congress. CAA Section 11123 l Restore the position that EPA cannot regulate a new pollutant from an already regulated source category without making predicate findings for that new pollutant. l Institute automatic withdrawal of any proposed rule that is not finalized within the statutorily prescribed one-year period. l Revise general implementing regulations for existing source regulatory authority under CAA § 111(d)24 to ensure that EPA gives full meaning to Congress’s direction, including source-specific application, and that the state planning program is flexible, federalist, and deferential to the states. CAA Section 112 (Hazardous Air Pollutants)25 l Unregulated point or non-point source (fugitive emissions) of an already regulated hazardous air pollutant do not require a Maximum Available Control Technology (MACT) standard. l Ensure that Section 112 regulations are harmonized with Section 111 regulations that apply to the same sector/sources. l Ensure that cost-benefit analysis is focused on a regulation’s targeted pollutant and separately identify ancillary or co-benefits. Radiation l Assess and update the agency’s radiation standards so that they align with those of other agencies, including the Nuclear Regulatory Commission, Department of Energy, and Department of Transportation, as well as international standards. l Level-set past, misleading statements regarding radiological risk and reassess the Linear Non-Threshold standard.
Introduction
— 419 — Environmental Protection Agency disasters in decades, including the Flint, Michigan, water crisis in 20144 and the Gold King Mine spill in 2015.5 Beyond creating such immediate and tangible harm in various communities, an EPA led by activism and a disregard for the law has generated uncertainty in the regulated community, vendetta-driven6 enforcement, weighted analytics, increased costs, and diminished trust in final agency actions. Although the U.S. environmental story is very positive, there has been a return to fear-based rhetoric within the agency, especially as it pertains to the perceived threat of climate change. Mischaracterizing the state of our environment generally and the actual harms reasonably attributable to climate change specifically is a favored tool that the Left uses to scare the American public into accepting their ineffective, liberty-crushing regulations, diminished private property rights, and exorbitant costs. In effect, the Biden EPA has once again presented a false choice to the American people: that they have to choose between a healthy environment and a strong, growing economy. Historical Role and Purpose. For many decades, rapid industrial activity with an unorganized approach to environmental standards significantly degraded the country’s environment. Particle pollution in the form of a thick, fog-like haze that at times was laced with harmful metals was a frequent occurrence across the country.7 More than 40 percent of communities failed to meet basic water quality standards, and in 1969, the Cuyahoga River infamously caught fire after sparks from a passing train ignited debris in the water, which was filled with heavy indus- trial waste.8 EPA was established on December 2, 1970, following a call by President Rich- ard Nixon to “rationally and systematically” organize existing piecemeal efforts to clean up and protect the environment.9 Under Reorganization Plan No. 3, the EPA was to initiate a “coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food.”10 Numerous authorities were consolidated and given to the EPA including research, monitor- ing, standard-setting, and enforcement activities. The mission to protect public health and the environment was born, and the first Administrator was sworn in on December 4, 1970. Congress followed suit with the landmark Clean Air Act of 1970 (CAA)11 and the Federal Water Pollution Control Act of 1972.12 The subsequent Clean Air Act Amendments of 199013 played a significant role in the expansion of EPA’s responsi- bilities and legal authority with the agency then being tasked with the development of new regulatory mechanisms that included, among other things, cap-and-trade programs for the control of sulfur dioxide and technological standards for nitrogen oxide emissions from coal-fired power plants, a vastly expanded hazardous air pollutant program, a federal operating permit program, and new regulations gov- erning phaseout of the production of ozone-depleting substances in conjunction with U.S. ratification of the Montreal Protocol in 1988.14
Introduction
— 419 — Environmental Protection Agency disasters in decades, including the Flint, Michigan, water crisis in 20144 and the Gold King Mine spill in 2015.5 Beyond creating such immediate and tangible harm in various communities, an EPA led by activism and a disregard for the law has generated uncertainty in the regulated community, vendetta-driven6 enforcement, weighted analytics, increased costs, and diminished trust in final agency actions. Although the U.S. environmental story is very positive, there has been a return to fear-based rhetoric within the agency, especially as it pertains to the perceived threat of climate change. Mischaracterizing the state of our environment generally and the actual harms reasonably attributable to climate change specifically is a favored tool that the Left uses to scare the American public into accepting their ineffective, liberty-crushing regulations, diminished private property rights, and exorbitant costs. In effect, the Biden EPA has once again presented a false choice to the American people: that they have to choose between a healthy environment and a strong, growing economy. Historical Role and Purpose. For many decades, rapid industrial activity with an unorganized approach to environmental standards significantly degraded the country’s environment. Particle pollution in the form of a thick, fog-like haze that at times was laced with harmful metals was a frequent occurrence across the country.7 More than 40 percent of communities failed to meet basic water quality standards, and in 1969, the Cuyahoga River infamously caught fire after sparks from a passing train ignited debris in the water, which was filled with heavy indus- trial waste.8 EPA was established on December 2, 1970, following a call by President Rich- ard Nixon to “rationally and systematically” organize existing piecemeal efforts to clean up and protect the environment.9 Under Reorganization Plan No. 3, the EPA was to initiate a “coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food.”10 Numerous authorities were consolidated and given to the EPA including research, monitor- ing, standard-setting, and enforcement activities. The mission to protect public health and the environment was born, and the first Administrator was sworn in on December 4, 1970. Congress followed suit with the landmark Clean Air Act of 1970 (CAA)11 and the Federal Water Pollution Control Act of 1972.12 The subsequent Clean Air Act Amendments of 199013 played a significant role in the expansion of EPA’s responsi- bilities and legal authority with the agency then being tasked with the development of new regulatory mechanisms that included, among other things, cap-and-trade programs for the control of sulfur dioxide and technological standards for nitrogen oxide emissions from coal-fired power plants, a vastly expanded hazardous air pollutant program, a federal operating permit program, and new regulations gov- erning phaseout of the production of ozone-depleting substances in conjunction with U.S. ratification of the Montreal Protocol in 1988.14 — 420 — Mandate for Leadership: The Conservative Promise Subsequently, especially during the Obama Administration, EPA experienced massive growth as it was used to pursue far-reaching political goals to the point where its current activities and staffing levels far exceeded its congressional man- dates and purpose. This expansive status is entirely unnecessary: It has nothing to do with improving either the environment or public health. The EPA’s initial success was driven by clear mandates, a streamlined structure, recognition of the states’ prominent role, and built-in accountability. Fulfilling the agency’s mis- sion in a manner consistent with a limited-government approach proved to be extremely effective during the agency’s infancy. Back to Basics. EPA’s structure and mission should be greatly circumscribed to reflect the principles of cooperative federalism and limited government. This will require significant restructuring and streamlining of the agency to reflect the following: l State Leadership. EPA should build earnest relationships with state and local officials and assume a more supportive role by sharing resources and expertise, recognizing that the primary role in making choices about the environment belongs to the people who live in it. l Accountable Progress. Regulatory efforts should focus on addressing tangible environmental problems with practical, cost-beneficial, affordable solutions to clean up the air, water, and soil, and the results should be measured and tracked by simple metrics that are available to the public. l Streamlined Process. Duplicative, wasteful, or superfluous programs that do not tangibly support the agency’s mission should be eliminated, and a structured management program should be designed to assist state and local governments in protecting public health and the environment. l Healthy, Thriving Communities. EPA should consider and reduce as much as possible the economic costs of its actions on local communities to help them thrive and prosper. l Compliance Before Enforcement. EPA should foster cooperative relationships with the regulated community, especially small businesses, that encourage compliance over enforcement. l Transparent Science and Regulatory Analysis. EPA should make public and take comment on all scientific studies and analyses that support regulatory decision-making.
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.