The H.R. 26 fracking bill, formally the Protecting American Energy Production Act, would prohibit any U.S. president from declaring a moratorium on hydraulic fracturing unless Congress passes a law authorizing it. Introduced by Representative August Pfluger of Texas on January 3, 2025, the bill passed the House on February 7, 2025, by a vote of 226 to 188, and was referred to the Senate Committee on Energy and Natural Resources, where it remained as of early 2025.1GovInfo. H.R. 26 – Referred in Senate2U.S. House of Representatives, Office of the Clerk. Roll Call Vote No. 35 on H.R. 26
What the Bill Would Do
The operative language sits in a single sentence. Section 2(b) states that “notwithstanding any other provision of law, the President may not declare a moratorium on the use of hydraulic fracturing unless such moratorium is authorized by an Act of Congress.”3GovInfo. H.R. 26 Engrossed in House A president could not, under the bill, halt fracking through an executive order or agency directive. Only legislation passed by both chambers and signed into law (or enacted over a veto) could impose such a ban.
The bill also includes a non-binding Sense of Congress statement affirming that states should keep primary authority over regulating hydraulic fracturing on state and private lands.4U.S. Congress. H.R. 26 Introduced in House One gap in the text: the legislation does not define “moratorium,” leaving its exact reach open to interpretation.
Who Introduced It and Why
Pfluger, a Republican, represents Texas’s 11th Congressional District, which covers much of the Permian Basin. He said the bill was necessary to “protect the American energy industry and consumers from the federal government” and to safeguard “thousands of jobs for TX-11 and across America.”5Office of Congressman August Pfluger. Protecting American Energy Production Act He framed the legislation as a response to what he described as Biden administration efforts to constrain domestic energy production.
The Biden Actions Behind It
The bill grew out of executive actions taken during the Biden presidency that restricted or paused fossil fuel development on federal lands and waters. On January 27, 2021, President Biden signed an executive order directing the Department of the Interior to pause new oil and gas leasing on public lands and offshore waters pending a review of the federal program. The administration said this did not affect existing operations, permits for valid leases, or activities on private, state, or tribal lands.6U.S. Department of the Interior. Fact Sheet on Biden Executive Order on Public Lands
Other Biden-era actions included suspending new leases and drilling permits for at least 60 days, revoking the Keystone XL pipeline permit, and halting oil and gas leasing in the Arctic National Wildlife Refuge.7Center for Strategic and International Studies. Biden Makes Sweeping Changes to Oil and Gas Policy In the final days of his presidency, on January 6, 2025, Biden issued two memoranda withdrawing more than 625 million acres of offshore areas from future oil and gas leasing.8U.S. Congress. CRS Legal Sidebar on Presidential Offshore Withdrawals None of these actions was a formal ban on fracking, but Republican lawmakers and industry groups argued that a future president could go further.
How the House Voted
The House passed H.R. 26 on February 7, 2025, by 226 to 188, with 19 members not voting. Sixteen Democrats crossed party lines to vote yes.9E&E News. House Passes Bill to Prevent Fracking Moratorium
Supporters described the bill as an insurance policy against future executive overreach and credited fracking with lowering energy prices, creating jobs, and reducing U.S. dependence on Russia, Iran, and Venezuela. Representative Bruce Westerman cited an Obama-era EPA finding of “no widespread systemic impacts on drinking water resources” and a court decision striking down a Bureau of Land Management fracking rule.10GovInfo. Congressional Record – House Debate on H.R. 26
Opponents called the bill a “solution in search of a problem” and an “empty love letter to Big Oil,” noting that no president had ever actually banned fracking and that the Trump administration supported the practice. Representative Diana DeGette pointed to studies linking fracking chemicals to childhood cancers, asthma, low birth weight, and cardiovascular disease. Representative Rashida Tlaib criticized industry exemptions from federal environmental laws, including the Safe Drinking Water Act exemption sometimes called the “Halliburton loophole.”10GovInfo. Congressional Record – House Debate on H.R. 26
The Trump White House issued a Statement of Administration Policy on February 6, 2025, endorsing the bill and indicating the president’s advisors would recommend he sign it if it reached his desk.11The White House. Statement of Administration Policy on H.R. 26
Where It Stands in the Senate
The Senate received H.R. 26 on February 10, 2025, read it twice, and referred it to the Committee on Energy and Natural Resources.1GovInfo. H.R. 26 – Referred in Senate No further action had been reported as of the most recent available records. The bill would need 60 votes to overcome a filibuster, a significant hurdle given that the House vote broke largely along party lines.12Office of Congressman August Pfluger. Pfluger Energy Agenda Update
A Prior Version Stalled in 2024
This is not the first attempt at such a law. In the 118th Congress, former Representative Jeff Duncan introduced an identically titled Protecting American Energy Production Act as H.R. 1121. That bill passed the House on March 20, 2024, by 229 to 188, but stalled after being referred to the Senate Committee on Energy and Natural Resources under then-Majority Leader Chuck Schumer.13Rigzone. House Passes Protecting American Energy Production Act The reintroduction with a low bill number in the new Congress signaled its priority for House Republican leadership.