119-HR-2159 DC Insider Whip Count Analysis
119 · HR 2159 Count the Crimes to Cut Act
H.R. 2159 cleared the House on Dec. 1 by voice under suspension and now sits in a GOP‑run Senate where Judiciary Chair Grassley can either mark it up quickly or clear it by unanimous consent; with bipartisan House co‑sponsors, visible cross‑ideological interest‑group backing, and a White House posture favoring overcriminalization transparency, this is highly likely to pass substantially intact in the near term, barring a last‑minute hold seeking deadline tweaks or implementation flexibilities. [1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…[2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…[3]U.S. Senate Judiciary Committee — Senate Judiciary Committee press release: Gra…[4]Office of Rep. Lucy McBath — Rep. Lucy McBath press release highlighting bipart…
Breakdown: Expected support and opposition
Signal is strong: the bill advanced on the House suspension calendar by voice, a classic indicator of broad bipartisan tolerance for a low‑cost transparency mandate. In the Senate, Republicans hold the majority and leadership has preserved regular order but routinely clears consensus items by unanimous consent. [1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…[2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…
- House status: Passed under suspension by voice vote on December 1, 2025 (debate at H4923–H4926). [1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…
- Bipartisan sponsorship footprint: Sponsor Rep. Chip Roy (R‑TX) with co‑sponsors Reps. Lucy McBath (D‑GA), Steve Cohen (D‑TN), and Andy Biggs (R‑AZ). [5]Congress.gov (Library of Congress) — All Info for H.R. 2159 — cosponsors and su…
- Senate control and context: Republicans hold a 53–47 majority; John Thune is Majority Leader. Expect leadership to prefer clearing noncontroversial items by unanimous consent when possible. [2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…
- Committee of referral: Received in the Senate and referred to the Judiciary Committee; Chair Chuck Grassley (R‑IA), Ranking Member Dick Durbin (D‑IL). [3]U.S. Senate Judiciary Committee — Senate Judiciary Committee press release: Gra…
- Issue profile: The bill orders DOJ and named agencies to catalog statutory and regulatory crimes and post public indices within one–two years; it does not authorize appropriations. That scope argues for some agency pushback on workload but keeps the politics low‑temperature. [6]Congress.gov (Library of Congress) — Text of H.R. 2159 (as reported) — deadline…
- Outside pressure: Right on Crime, FAMM, Due Process Institute, NACDL, the National District Attorneys Association, R Street and others have publicly backed the policy; bipartisan House statements amplified that support during committee action. [4]Office of Rep. Lucy McBath — Rep. Lucy McBath press release highlighting bipart…[7]Right On Crime — Right On Crime: Support letter for the Count the Crimes to Cut…
| Bloc | Likely posture | Rationale / indicators |
|---|---|---|
| Senate Republicans | Yes (near‑unanimous) | Oversight/transparency frame; aligns with Majority’s regulatory agenda and prior overcriminalization work by key members (e.g., Lee, Cruz, Hawley). Committee chair is supportive of DOJ/agency oversight. [3]U.S. Senate Judiciary Committee — Senate Judiciary Committee press release: Gra… |
| Senate Democrats/Independents | Mixed‑to‑supportive (majority of caucus) | House Democrats co‑sponsored; civil‑liberties and transparency rationale resonates. Some may seek timing/implementation flexibility. [5]Congress.gov (Library of Congress) — All Info for H.R. 2159 — cosponsors and su… |
| Executive Branch | Supportive posture | President issued an EO spotlighting regulatory overcriminalization in May 2025; aligns with bill’s transparency thrust. [8]Web search · turn 5 #5 |
Note: If hotline clearance fails, the bill would need floor time; leadership has emphasized preserving the filibuster, but noncontroversial measures are typically moved by unanimous consent or voice. [2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…[9]Congressional Research Service — CRS: Unanimous Consent agreements and 60‑vote…
Key legislators and pivotal actors
The leverage sits with Senate gatekeepers and members with a track record on overcriminalization or UC holds.
- Chuck Grassley (R‑IA), Senate Judiciary Chair — controls hearings/markups and clearance to the calendar; public committee statements confirm he resumed the gavel in the 119th. Expect efficient processing or staff‑level clearance. [3]U.S. Senate Judiciary Committee — Senate Judiciary Committee press release: Gra…
- Dick Durbin (D‑IL), Judiciary Ranking Member — can negotiate any minority requests (e.g., extended deadlines or reporting flexibility) in exchange for clearing UC. [10]Web search · turn 0 #4
- John Thune (R‑SD), Senate Majority Leader — sets floor timing and UC strategy; has pledged to preserve the filibuster but routinely advances consensus items by UC. [2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…
- House team: Judiciary advanced the bill on June 10; the Speaker placed it on the suspension calendar and the House cleared it by voice on Dec. 1, signaling low controversy within leadership. [11]Congressional Record (Congress.gov) — Congressional Record — House Judiciary ma…[1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…
- Potential facilitators on the Senate side: Mike Lee (R‑UT) regularly leads overcriminalization efforts and is positioned to back quick passage; Chris Coons (D‑DE) has recently partnered with Lee on adjacent criminal‑justice process reforms, suggesting openness — inference based on current bipartisan legislation. [12]Web search · turn 2 #5
Leadership influence and procedural dynamics
Two viable paths: committee markup with voice report, or hotline/UC to pass without amendment.
- Committee path: Judiciary can notice a brief markup and report the House‑passed text cleanly; with bipartisan tolerance, a voice report is likely. Chair Grassley controls the agenda. [3]U.S. Senate Judiciary Committee — Senate Judiciary Committee press release: Gra…
- UC path: Leadership hotlines the bill; absent objection, the Senate can pass by unanimous consent or voice vote. If any senator objects, cloture would require 60, but this category of bill rarely draws a live filibuster. [9]Congressional Research Service — CRS: Unanimous Consent agreements and 60‑vote…
- Amendment risk: The most plausible change is extending or phasing the one‑year reporting deadline or adding flexibility for smaller agencies, justified by the bill’s broad agency list and unfunded‑mandate posture. Substantive policy alterations are unlikely. [6]Congress.gov (Library of Congress) — Text of H.R. 2159 (as reported) — deadline…
- Timing: With receipt from the House on/around December 2 and a light controversy profile, this can clear in year‑end wrap‑up or early January if floor time compresses around NDAA/appropriations. [1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…
Assessment
Bottom line: this is a low‑friction transparency directive with bipartisan cover and favorable institutional winds.
- Likelihood of Senate passage: High.
- Expected vote form: Unanimous consent or voice; if forced to roll call, expect strong bipartisan margin. [2]Associated Press — New Majority Leader Thune kicks off Senate session with pled…
- Confidence: High — House voice passage under suspension, cross‑ideological endorsements, GOP Senate control, and administration alignment all point the same direction. [1]Congressional Record (Congress.gov) — Congressional Record Daily Digest, House…[4]Office of Rep. Lucy McBath — Rep. Lucy McBath press release highlighting bipart…[8]Web search · turn 5 #5
- [1] Congressional Record Daily Digest, House proceedings — December 1, 2025 (Vol. 171, No. 200) Congressional Record (Congress.gov)
- [2] New Majority Leader Thune kicks off Senate session with pledge to preserve filibuster; GOP majority 53–47 Associated Press
- [3] Senate Judiciary Committee press release: Grassley resumes chairmanship (119th Congress) U.S. Senate Judiciary Committee
- [4] Rep. Lucy McBath press release highlighting bipartisan effort and endorsements on Count the Crimes to Cut Act (June 2025) Office of Rep. Lucy McBath
- [5] All Info for H.R. 2159 — cosponsors and summary Congress.gov (Library of Congress)
- [6] Text of H.R. 2159 (as reported) — deadlines, agency list, and no-appropriations clause Congress.gov (Library of Congress)
- [7] Right On Crime: Support letter for the Count the Crimes to Cut Act of 2025 (endorsements) Right On Crime
- [8] Web search · turn 5 #5
- [9] CRS: Unanimous Consent agreements and 60‑vote thresholds in the Senate Congressional Research Service
- [10] Web search · turn 0 #4
- [11] Congressional Record — House Judiciary markup (June 10, 2025) listing H.R. 2159 ordered reported Congressional Record (Congress.gov)
- [12] Web search · turn 2 #5
Discussion