H.R.3790 - Freedom to Frack Act (119th Congress)
Summary
H.R.3790, the "Freedom to Frack Act," aims to restrict certain Department of Energy grants to states that prohibit hydraulic fracturing (fracking). The bill amends Section 545(c) of the Energy Independence and Security Act of 2007, making states with fracking bans ineligible for specific grant programs. The bill was introduced in the House of Representatives on June 5, 2025, and referred to the Committee on Energy and Commerce.
The primary goal is to incentivize states to allow fracking by linking their eligibility for federal energy grants to their fracking policies. This could potentially increase domestic energy production.
This bill reflects an ongoing debate about balancing energy independence with environmental concerns and states' rights.
Expected Effects
If enacted, H.R.3790 would likely lead to increased pressure on states to permit hydraulic fracturing within their borders. States that rely on federal energy grants may reconsider or repeal their fracking bans to maintain eligibility.
This could result in increased domestic oil and gas production, potentially lowering energy costs and increasing energy independence. However, it could also lead to increased environmental risks and community concerns related to fracking.
Potential Benefits
- Increased domestic energy production, potentially reducing reliance on foreign energy sources.
- Potential for lower energy costs for consumers and businesses.
- Job creation in the oil and gas industry.
- Increased revenue for states that allow fracking, through taxes and royalties.
- Could spur innovation in fracking technology to mitigate environmental impacts.
Potential Disadvantages
- Potential for increased environmental risks, including water contamination and seismic activity.
- Negative impacts on public health in communities near fracking sites.
- Infringement on states' rights to regulate activities within their borders.
- Exacerbation of climate change due to increased fossil fuel production.
- Potential for negative impacts on property values in areas near fracking sites.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is debatable. Congress has the power to regulate interstate commerce under Article I, Section 8, which could be used to justify influencing state energy policies. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, raising concerns about federal overreach into state environmental regulations.
The Spending Clause (Article I, Section 8, Clause 1) gives Congress broad power to spend for the general welfare, but conditions on grants to states must be clear and unambiguous, and related to the purpose of the spending program. The "Freedom to Frack Act" potentially treads a fine line between incentivizing state behavior and coercing states into adopting specific energy policies.
Further legal challenges could arise based on arguments that the bill unduly infringes on states' rights to manage their natural resources and protect their environment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).