Constitution Index · H.R. 6387 · 2025-12-03
FIRE Act
Latest official status (2026-04-27): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
A
Constitutional
The FIRE Act is a permissible exercise of Congress's Commerce Clause authority to regulate interstate air pollution through the Clean Air Act. It does not infringe on the Bill of Rights or individual sovereignty, preserves a substantial role for state petitions in EPA determinations, and follows established administrative due process. No constitutional defect is apparent.
Article I, Section 8, Clause 3 Amendment X
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has authority under Article I, Section 8, Clause 3 to regulate interstate commerce, and air pollution that crosses state lines has long been treated as within that authority. The Clean Air Act's national ambient air quality standards and EPA oversight are grounded in this power. The FIRE Act modifies EPA's treatment of exceptional events and wildfire mitigation data within that existing federal framework, so it does not exceed enumerated federal authority.
Bill of Rights · passes
The bill does not restrict speech, press, religion, assembly, petition, the right to keep and bear arms, or any other right protected by the first ten amendments. It concerns administrative handling of air quality data and state petitions to the EPA. No provision implicates the Fourth, Fifth, Sixth, Seventh, or Eighth Amendments.
Individual liberty · passes
The FIRE Act does not restrict what individuals may do with their own person, property, speech, labor, or belief. It governs EPA review of air quality monitoring data and state demonstrations regarding exceptional events. There is no direct burden on individual liberty, and any indirect effects through air quality regulation are consistent with longstanding environmental law.
Decentralization · passes
The bill does not improperly consolidate decision-making at the federal level. Air pollution is interstate in nature, so a national framework is appropriate. The bill actually strengthens the role of states by allowing them to demonstrate exceptional events and requiring EPA to consider regional modeling when multiple states petition. An individual or local community cannot effectively regulate interstate air pollution, and states benefit from federal coordination. The Tenth Amendment is not violated because the Clean Air Act operates within Congress's enumerated commerce power and the bill preserves state participation.
Due process and takings · passes
The bill establishes criteria and procedures for EPA to evaluate exceptional event demonstrations and revise regulations. It does not bypass notice, hearing, or judicial review requirements already present in the Clean Air Act. It takes no private property and imposes no penalty or forfeiture. Administrative decision-making under the bill remains subject to the Administrative Procedure Act and due process standards.
Provenance
- Congress.gov: HR 6387 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #324 | 2026-10-09 | vfa-constitutional-grade/1.0 | 647e8a7aae77 | current |
Cite this
Values for America. “Constitutional grade: H.R. 6387, FIRE Act.” VFA Constitution Index, grade 324 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/324. Accessed 2026-10-19.
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