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119th Congress Environmental Protection

H.R. 6409: FENCES Act

Passed HouseApr 16, 2026

  1. Introduced (completed)Dec 3, 2025
  2. Passed House (completed)Apr 16, 2026, 220–208
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Reported to House, Apr 9, 2026

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.

Read the full summary

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 Congressional Research Service, Library of Congress.

Key votes

House final vote, Apr 16, 2026

On Passage

Passed 220–208

Yea 220majority 215Nay 208

  • Democrats6 yea, 207 nay
  • Republicans213 yea, 1 nay
  • Independents1 yea, 0 nay

Broke with their party: Adam Gray (D-CA), Marie Gluesenkamp Perez (D-WA), Jared Golden (D-ME), Donald Davis (D-NC), Henry Cuellar (D-TX) and Jim Costa (D-CA) voted Yea; Brian Fitzpatrick (R-PA) voted Nay

See how all 428 members voted

Showing 431 of 431 members

Yea 220

Republicans (213)

Democrats (6) broke with their party

Independents (1)

Nay 208

Republicans (1) broke with their party

Democrats (207)

Not voting 3

Republicans (3)

Senate

Not yet voted

Passed the House Apr 16, 2026. Awaiting Senate action.

Roll calls

2 votes on this bill

Showing 2 of 2 roll calls

  • Apr 16, 2026HouseOn PassageFinal passagePassed, yea-nay 220–208
    Roll call 116 tally by party
    PartyYeaNayPresentNot voting
    Democrats620700
    Republicans213103
    Independents1000
    Total22020803

    House roll call 116: On Passage. Passed.

    7 crossed party lines: 6 Democrats, 1 Republican

    How each member voted (431)
  • Apr 16, 2026HouseMotion to recommitFailed, yea-nay 213–215
    Roll call 115 tally by party
    PartyYeaNayPresentNot voting
    Democrats213000
    Republicans021403
    Independents0100
    Total21321503

    House roll call 115: On Motion to Recommit. Failed.

    How each member voted (431)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

2

Who scored on this bill

112 points earned
  1. 1August Pfluger R-TX SponsorIntroduced, marked up, reported, passed House4 events+62
  2. 2Jim Costa D-CA1 maverick vote1 event+6
  3. 2Henry Cuellar D-TX1 maverick vote1 event+6
  4. 2Donald Davis D-NC1 maverick vote1 event+6
  5. 2Brian Fitzpatrick R-PA1 maverick vote1 event+6
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by August Pfluger

History

  1. Apr 16, 2026Passed the House, 220–208.
  2. Dec 3, 2025Introduced in the House by August Pfluger.
Show the full action history (24 actions)
  1. Apr 17, 2026Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Apr 16, 2026Considered as unfinished business. (consideration: CR H2937-2938)
  3. Apr 16, 2026On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
  4. Apr 16, 2026Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
  5. Apr 16, 2026On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
  6. Apr 16, 2026Motion to reconsider laid on the table Agreed to without objection.
  7. Apr 15, 2026Rules Committee Resolution H. Res. 1174 Reported to House. Rule provides for consideration of H.R. 6387, H.R. 6398, H.R. 6409 and H. Res. 1156. The resolution provides for consideration of each measure under a closed rule with one hour of general debate on each measure. The resolution also provides one motion to recommit on H.R. 6387, H.R. 6398, and H.R. 6409.
  8. Apr 15, 2026Considered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
  9. Apr 15, 2026Rule provides for consideration of H.R. 6387, H.R. 6398, H.R. 6409 and H. Res. 1156. The resolution provides for consideration of each measure under a closed rule with one hour of general debate on each measure. The resolution also provides one motion to recommit on H.R. 6387, H.R. 6398, and H.R. 6409.
  10. Apr 15, 2026DEBATE - The House proceeded with one hour of debate on H.R. 6409.
  11. Apr 15, 2026The previous question was ordered pursuant to the rule.
  12. Apr 15, 2026Mr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
  13. Apr 15, 2026The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  14. Apr 15, 2026POSTPONED 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.
  15. Apr 14, 2026Supplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
  16. Apr 9, 2026Reported by the Committee on Energy and Commerce. H. Rept. 119-594.
  17. Apr 9, 2026Placed on the Union Calendar, Calendar No. 514.
  18. Jan 21, 2026Committee Consideration and Mark-up Session Held
  19. Jan 21, 2026Ordered to be Reported by the Yeas and Nays: 25 - 22.
  20. Dec 10, 2025Subcommittee Consideration and Mark-up Session Held
  21. Dec 10, 2025Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
  22. Dec 3, 2025Introduced in House
  23. Dec 3, 2025Referred to the House Committee on Energy and Commerce.
  24. Dec 3, 2025Referred to the Subcommittee on Environment.