H.R. 6409 · 119th Congress

Exempts states from some Clean Air Act penalties for pollution from outside their control

Official title: FENCES Act1

Did not become lawAir pollution limits

§1What it does

Why this matters: A plain-English description of the bill as it was voted on, written by us from the official summary and text.

Drafted by AI from the public sources cited. Each sentence links to its source.

This bill would change the Clean Air Act so that states are not penalized for air pollution that comes from sources outside their control, such as wildfires or emissions from other countries.2,3 Areas in the law's top ozone pollution categories (severe and above) or its serious category for particle pollution would avoid sanctions tied to shortcomings in state air quality plans, and fees for missing federal air quality standards, if the state shows it would have avoided the shortcomings or met the standards but for such outside emissions, a showing it would have to renew at least every five years.3 An area also could not be designated as failing a new or revised air quality standard if the state shows it would meet the standard but for pollution from outside the country, including pollution caused by human activity.3

§2Status

StatusLatest action, April 17, 2026: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.1
IntroducedDecember 3, 2025
SponsorRep. Pfluger, August [R-TX-11]
Cosponsors2 cosponsors (2 Republican)
Official recordH.R. 6409 on Congress.gov

§3How Congress voted

Why this matters: The official count.

House, April 16, 2026

On Passage: Passed — 220 yes, 208 no, 3 not voting.4