H.R. 6409: FENCES Act
Sponsor
August Pfluger
Republican · TX-11
What H.R. 6409 does
H.R. 6409, the FENCES Act, would shield states from Clean Air Act penalties tied to pollution they cannot control. Areas classified as severe or extreme for ozone, or serious for particulate matter, would avoid sanctions and fees for plan deficiencies or missing air quality standards if the state shows it would have avoided the problem or met the standard but for emissions outside its control, such as a wildfire. The state would have to renew that showing at least every five years.
The bill would also bar designating an area as nonattainment for a new or revised standard if the state shows it would otherwise meet it but for emissions from outside the country, even when those emissions come from human activity.
How the House voted
Passed · April 16, 20266 Democrats broke with their party to vote yes
1 Republican broke with their party to vote no
On Passage: H R 6409 FENCES Act · Roll no. 116 · Official record
HR6409 Legislative Journey
Committee Action
Apr 17, 2026
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
House: Passed 220-208
Apr 16, 2026
On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
+4 more actions this day
House: Vote Held
Apr 15, 2026
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.
House: Committee Action
Apr 14, 2026
Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
House: Committee Action
Apr 9, 2026
Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
House: Vote: 25-22
Jan 21, 2026
Ordered to be Reported by the Yeas and Nays: 25 - 22.
About the Sponsor
August Pfluger
Republican, Texas's 11th congressional district · 5 years in Congress
Committees: Homeland Security, Energy and Commerce
View full profile →
Cosponsors (2)
All 2 cosponsors are Republicans. Cosponsors represent 2 states: Colorado, Texas.
Committee Sponsors
Environment and Public Works Committee
0 of 18 committee members cosponsored
No committee members have cosponsored this bill
Energy and Commerce Committee
1 of 54 committee members cosponsored
38 Republicans across these committees haven't cosponsored yet. Mobilize their constituents
H.R. 6409 Quick Facts
- Committee
- Environment and Public Works
- Chamber
- House
- Policy
- Environmental Protection
- Introduced
- Dec 3, 2025
Passed the House, received in Senate
Apr 17, 2026
H.R. 6409 Bill Text
“To amend the Clean Air Act to clarify standards for emissions emanating from outside of the United States, and for other purposes.”
Source: U.S. Government Publishing Office
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