PlainBillCongress, translated.Legislation. Context. Public interest.
H.R.2728 / 113th Congress

Protecting States' Rights to Promote American Energy Security Act

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

Official summary

Version 36 · Passed House amended · Nov 20, 2013

Title I: State Authority for Hydraulic Fracturing Regulation - Protecting States' Rights to Promote American Energy Security Act - (Sec. 102) Amends the Mineral Leasing Act to prohibit the Department of the Interior (Department) from enforcing any federal regulation, guidance, or permit requirement regarding hydraulic fracturing (including any component of that process), relating to oil, gas, or geothermal production activities on or under any land in any state that has regulations, guidance, or permit requirements for that activity.

Defines "hydraulic fracturing" as the process by which fracturing fluids (including a fracturing fluid system) are pumped into an underground geologic formation to generate fractures or cracks, thereby increasing rock permeability near the wellbore and improving production of natural gas or oil.

Requires the Department to recognize and defer to state regulations, permitting, and guidance for all activities regarding hydraulic fracturing relating to oil, gas, or geothermal production activities on federal land.

Showing the opening paragraphs of the official summary.

Read full official summaryShow less

Requires each state to submit to the Bureau of Land Management (BLM) a copy of its regulations that: (1) apply to hydraulic fracturing operations on federal land, and (2) require disclosure of chemicals used in hydraulic fracturing operations on federal land.

Directs the Secretary of the Interior to make such state regulations available to the public.

(Sec. 103) Directs the Comptroller General (GAO) to examine the economic benefits of domestic shale oil and gas production resulting from hydraulic fracturing, including identification of: (1) state and federal revenue generated as a result of shale gas production, (2) jobs created as a result of shale oil and gas production, and (3) an estimate of potential energy prices without domestic shale oil and gas production.

(Sec. 104) Prohibits the Department from enforcing any federal regulation, guidance, or permit requirement governing the hydraulic fracturing process, or any of its components, relating to oil, gas, or geothermal production activities on land held either in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.

Title II: EPA Hydraulic Fracturing Research - EPA Hydraulic Fracturing Study Improvement Act - (Sec. 202) Requires the Administrator of the Environmental Protection Agency (EPA), in conducting the study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued in November 2012, to:

prior to issuance and dissemination of any final or interim report summarizing EPA research on such relationship, consider such reports to be Highly Influential Scientific Assessments requiring peer review in accordance with specified EPA and Office of Management and Budget (OMB) policy documents;

require the reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the EPA's Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by OMB under the Treasury and General Government Appropriations Act for Fiscal Year 2001; and

ensure that identification of the possible impacts included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact.

Requires public release of the final report by September 30, 2016.

Title III: Miscellaneous Provisions - (Sec. 301) Directs the Secretary to review and report annually to Congress on all state activities relating to hydraulic fracturing.

Read the summary on Congress.gov
PlainBill analysis is coming later. This page presents official source data. We have not yet published a PlainBill explanation for this bill.

Who introduced it

Rep. Flores, Bill [R-TX-17] · R–TX

Committees

  • Natural Resources Committee
19 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

  2. Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. Motion to reconsider laid on the table Agreed to without objection.

  4. On passage Passed by recorded vote: 235 - 187 (Roll no. 604).

    House roll call 604 · Individual votes
  5. Passed/agreed to in House: On passage Passed by recorded vote: 235 - 187 (Roll no. 604).

    House roll call 604 · Individual votes
  6. On motion to recommit with instructions Failed by recorded vote: 188 - 232 (Roll no. 603). (consideration: CR H7297)

    House roll call 603 · Individual votes
  7. DEBATE - The House proceeded with 10 minutes of debate on the Lowenthal motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment to ensure that the underlying bill does not limit the authority of the Department of Interior or any state to require the public disclosure of chemicals used in hydraulic fracturing.

  8. Mr. Lowenthal moved to recommit with instructions to Natural Resources. (consideration: CR H7295-7296; text: CR H7295)

  9. The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitue: CR H7288)

  10. The previous question was ordered pursuant to the rule. (consideration: CR H7295)

  11. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2728.

  12. MOMENT OF SILENCE - The House observed a moment of silence in remembrance of our brave men and women who have given their lives in the service of our country, and of all who serve in our armed forces and their familes.

  13. UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  14. DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) Part B amendment No. 5.

  15. POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio Part B amendment No. 4, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. DeFazio demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  16. DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the DeFazio Part B amendment No. 4.

  17. DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Reed Part B amendment No. 3.

  18. DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Flores Part B amendment No. 2.

  19. POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt Part B amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.

  20. DEBATE - Pursuant to the provisions of H. Res. 419, the Committee of Whole proceeded with 10 minutes of debate on the Holt Part B amendment No. 1.

  21. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2728.

  22. The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.

  23. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 419 and Rule XVIII.

  24. The resolution provides for consideration of H.R. 1965 and H.R. 2728. The resolution provides for one hour of debate and makes in order only those further amendments printed in the Rules report 113-271. The rule provides one motion to recommit with or without instructions.

  25. Considered under the provisions of rule H. Res. 419. (consideration: CR H7280-7297)

  26. Rule H. Res. 419 passed House.

  27. Rules Committee Resolution H. Res. 419 Reported to House. The resolution provides for consideration of H.R. 1965 and H.R. 2728. The resolution provides for one hour of debate and makes in order only those further amendments printed in the Rules report 113-271. The rule provides one motion to recommit with or without instructions.

  28. Placed on the Union Calendar, Calendar No. 187.

  29. Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-261.

  30. Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-261.

  31. Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 15.

  32. Committee Consideration and Mark-up Session Held.

  33. Subcommittee on Energy and Mineral Resources Discharged.

  34. Referred to the Subcommittee on Energy and Mineral Resources.

  35. Referred to the House Committee on Natural Resources.

  36. Introduced in House

  37. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

Explore the bill from different angles

Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.

Neutral evidence review

Objective

Analyze H.R.2728 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

View full prompt & sources
Fairness and public impact

Progressive lens

Examine H.R.2728 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

View full prompt & sources
Institutions and government scope

Conservative lens

Examine H.R.2728 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

View full prompt & sources
Individual rights and government power

Liberty lens

Examine H.R.2728 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

View full prompt & sources