H.R. 6409FENCES Act

2 recorded actionsWhat the measure does Read on Congress.gov

Sponsor: August Pfluger [R-TX-11]
Cosponsors: 2 · 2 Republicans
Policy area: Environmental Protection
Committees: Energy and Commerce Committee, Environment and Public Works Committee
Latest action: Apr 17, 2026 · Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

IntroducedDec 3, 2025
Passed the HouseApr 16, 2026
Passed the SenateNot yet reached
Sent to the PresidentNot yet reached
Became lawNot yet reached

What the measure doesCRS summary

This bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control.

The bill provides that certain nonattainment areas (i.e., those classified as severe or extreme for ozone or as serious for particulate matter) are not subject to sanctions for implementation plan deficiencies or for fees for failing to attain national ambient air quality standards (NAAQS) if the state demonstrates it would have avoided deficiencies or attained its standards but for emissions outside of its control (e.g., emissions from an exceptional event like a wildfire). A state must renew its demonstration at least once every five years for exemption from the sanctions or fees to continue to apply.

The bill specifies that an area within a state may not be designated as a nonattainment area regarding any new or revised NAAQS for a pollutant if the state demonstrates it would be in attainment but for emissions emanating from outside of the country, regardless of whether the emissions resulted from human activity.

For purposes of approving a state implementation plan or meeting certain NAAQS, current law provides that a state may demonstrate to the Environmental Protection Agency that but for emissions emanating from outside of the country, it would have attained applicable NAAQS by the attainment date for certain pollutants. The bill specifies that such emissions emanating from outside the country may include emissions that result from human activity.

Written by the nonpartisan Congressional Research Service, describing H.R. 6409 as reported to House on Apr 9, 2026. It is not the text of the measure; a later amendment may have changed what it does.

Roll calls on H.R. 64092 roll calls on this measure

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Apr 16, 2026Each bar: ✓ Yea from the bottom, ✕ Nay aboveApr 16, 2026

How every member votedHouse roll call 116

House Apr 16, 2026 · the primary vote

On Passage

FENCES Act

Passed

220 Yea 208 Nay 3 not voting

Party-line vote 7 of 428 voting members broke with their own party: 6 Democrats, 1 Republican.

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How the chamber split

One dot per member. Select a seat or a bar to filter the list.

DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present

By party select a segment to filter

All members431 members

Democratic213 members

Independent1 member

Republican217 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.

Cosponsors2 · 2 Republicans

Signing on is not a vote: a member can cosponsor H.R. 6409 and vote against it. 0 signed when it was filed.

RDan Crenshaw [R-TX-02]Joined Dec 9, 20252026 profile

RJeff Crank [R-CO-05]Joined Feb 24, 20262026 profile

Who lobbied on H.R. 640920 organizations

Organizations that named H.R. 6409 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.

CHAMBER OF COMMERCE OF THE U.S.A.

Aerospace · Automotive Industry · Aviation/Airlines/Airports · Banking +28 more5 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

PORT TAMPA BAYfiled by VAN SCOYOC ASSOCIATES

Budget/Appropriations · Clean Air and Water (quality) · Homeland Security · Marine/Maritime/Boating/Fisheries +2 more5 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

AMERICAN FOREST & PAPER ASSOCIATIONIts PAC: American Forest & Paper Association PAC

Budget/Appropriations · Clean Air and Water (quality) · Energy/Nuclear · Environment/Superfund +7 more4 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS

Fuel/Gas/Oil · Chemicals/Chemical Industry · Taxation/Internal Revenue Code · Transportation +3 more4 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

AMERICAN LUNG ASSOCIATION

Budget/Appropriations · Clean Air and Water (quality) · Health Issues · Medical/Disease Research/Clinical Labs +5 more4 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

EARTHJUSTICE ACTION

Agriculture · Energy/Nuclear · Government Issues · Natural Resources +5 more4 filings · 2nd Quarter (Apr 1 - June 30) 2026Filing

NATIONAL MINING ASSOCIATION

Taxation/Internal Revenue Code · Budget/Appropriations · Clean Air and Water (quality) · Natural Resources +8 more4 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

AMERICAN PETROLEUM INSTITUTEIts PAC: American Petroleum Institute PAC

Clean Air and Water (quality) · Energy/Nuclear · Fuel/Gas/Oil · Marine/Maritime/Boating/Fisheries +5 more3 filings · 2nd Quarter (Apr 1 - June 30) 2026Filing

CLEVELAND-CLIFFS INCfiled by CLEVELAND-CLIFFS INC.Its PAC: Cleveland-Cliffs Inc. PAC

Trade (domestic/foreign) · Clean Air and Water (quality) · Energy/Nuclear · Transportation +2 more3 filings · 2nd Quarter (Apr 1 - June 30) 2026Filing

INTERSTATE NATURAL GAS ASSOCIATION OF AMERICAIts PAC: Interstate Natural Gas Association of America PAC

Clean Air and Water (quality) · Energy/Nuclear · Environment/Superfund · Homeland Security +2 more3 filings · 3rd Quarter (July 1 - Sep 30) 2026Filing

56 disclosures name this measure. Retrieved from LDA.gov on 2026-10-25. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.