HR3790-119

Introduced

To direct the Secretary of Energy to restrict certain grants to any State that has in effect a law prohibiting hydraulic fracturing within such State, and for other purposes.

119th Congress Introduced Jun 5, 2025

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The "Freedom to Frack Act" amends federal energy law to financially penalize states that ban hydraulic fracturing (fracking). Specifically, it makes states ineligible for federal energy efficiency grants under the Energy Independence and Security Act of 2007 if they prohibit fracking within their borders. This creates a direct conflict between state environmental policy decisions and access to federal funding for energy programs.

Who Benefits and How

The primary beneficiaries are oil and gas extraction companies and hydraulic fracturing service providers (such as Halliburton and Schlumberger). These companies benefit because the bill creates financial pressure on states to avoid enacting fracking bans, thereby maintaining or expanding their market access. States currently without fracking bans also gain a competitive advantage in accessing federal energy grants. The bill essentially uses federal grant leverage to protect the fracking industry from state-level regulations.

Who Bears the Burden and How

States with existing fracking bans (such as New York, Vermont, and Maryland) immediately lose eligibility for federal energy efficiency grants, reducing available funding for state energy programs. State environmental regulatory agencies face a forced choice between environmental policy autonomy and federal funding. Communities and environmental advocacy groups seeking to ban fracking in their states face higher barriers due to the financial penalty. Finally, state energy efficiency programs and their beneficiaries in states with fracking bans lose access to federal grant funding that would have supported energy efficiency initiatives.

Key Provisions

  • Amends Section 545(c) of the Energy Independence and Security Act of 2007 to add a new grant ineligibility criterion
  • States that "establish or continue to enforce" a prohibition on hydraulic fracturing become ineligible for program grants
  • Hydraulic fracturing is defined by reference to federal regulations (40 CFR 60.5430a)
  • The provision applies to both new and existing state fracking bans
  • No grandfathering or transition period for states with existing bans

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

To penalize states that ban hydraulic fracturing by making them ineligible for certain federal energy efficiency grants

Who Benefits

  • Oil & gas companies (especially those operating in states with fracking bans or potential bans)
  • Hydraulic fracturing service companies
  • States without fracking bans (gain competitive advantage for grants)

Who Bears Costs

  • States with existing fracking bans (New York, Vermont, Maryland, etc.) - lose federal grant eligibility
  • State environmental regulators seeking to restrict fracking
  • Environmental advocacy groups

Key Policy Areas

Energy, Federalism, Environmental Regulation

Primary Purpose

To penalize states that ban hydraulic fracturing by making them ineligible for certain federal energy efficiency grants

Policy Domains

Energy Federalism Environmental Regulation

Legislative Strategy

"Use federal grant leverage to discourage state-level hydraulic fracturing bans, promoting oil and gas industry interests"

Identified Gains

  • Oil & gas companies (especially those operating in states with fracking bans or potential bans)
  • Hydraulic fracturing service companies
  • States without fracking bans (gain competitive advantage for grants)

Identified Costs

  • States with existing fracking bans (New York, Vermont, Maryland, etc.) - lose federal grant eligibility
  • State environmental regulators seeking to restrict fracking
  • Environmental advocacy groups
  • Communities opposed to fracking operations

Legislative Progress

Introduced
Introduced Committee Passed
Jun 5, 2025

Ms. Tenney introduced the following bill; which was referred to …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

State & Local Government
2 mentions across 1 clause
+1 positive -1 negative

States with existing or potential hydraulic fracturing bans (e.g., New York, Vermont, Maryland), States without fracking bans

Positive-direction: States without fracking bans

Negative-direction: States with existing or potential hydraulic fracturing bans (e.g., New York, Vermont, Maryland)

Oil & Gas
2 mentions across 1 clause
+2 positive

Hydraulic fracturing service providers (e.g., Halliburton, Schlumberger), Oil & gas extraction companies operating in states considering fracking bans

Government
1 mention across 1 clause
-1 negative

State environmental regulatory agencies

Environment
1 mention across 1 clause
-1 negative

Environmental advocacy organizations

1/2
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Energy State Grants
Actor Mappings
"the_secretary"
→ Secretary of Energy

Key Definitions

Terms defined in this bill

2 terms
"hydraulic fracturing" §2

As defined in section 60.5430a of title 40, Code of Federal Regulations (or any successor regulation)

"" §context

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology