Analyses / Whip Count Analysis / 119 · HR 2612 Whip Count Analysis

119-HR-2612 DC Insider Whip Count Analysis

119 · HR 2612 DELETE Act

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H.R. 2612 (DELETE Act) is a Democratic-authored data broker deletion bill referred to House Energy & Commerce. In a GOP-controlled Congress with Chair Brett Guthrie (E&C) and Sen. Ted Cruz (Senate Commerce) holding gatekeeping power, the bill lacks Republican co-sponsors and faces organized industry resistance. Expect near-unanimous House Democratic support, minimal GOP crossover, and no House markup absent leadership buy-in; in the Senate, bipartisan interest exists via Sen. Cassidy’s companion, but committee scheduling remains the choke point. Overall passage odds: low. [1]Congress.gov — Text - H.R.2612 - 119th Congress (2025-2026): DELETE Act[2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…[4]Congress.gov — Text - S.1287 - 119th Congress (2025-2026): DELETE Act[5]MediaPost — Ad Industry Presses To Derail California Data Broker Bill

Analyzed as
DC Insider
Published
16 Sep 2025
Updated
07 Oct 2025
Tags
whipcount · privacy · data-brokers
Unvetted
01 · Section

Breakdown: expected support/opposition

Chamber control and committee gatekeepers drive outcomes more than member-level sentiment. The DELETE Act expands FTC responsibilities and builds a centralized, hashed opt-out/deletion system—positions that generally track with Democratic privacy priorities and draw skepticism from House/Senate GOP chairs. [1]Congress.gov — Text - H.R.2612 - 119th Congress (2025-2026): DELETE Act[2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…

  • House landscape: Republicans hold a narrow 220–215 majority; Mike Johnson remains Speaker. Energy & Commerce (E&C) is chaired by Brett Guthrie, with the Innovation, Data & Commerce panel chaired by Gus Bilirakis—both control the bill’s path. Expect near-unanimous Democratic support; GOP conference likely opposes or deprioritizes an FTC-centric expansion. [6]Wikipedia — 119th United States Congress[7]AP News — 119th Congress Latest: Mike Johnson narrowly reelected House speaker[2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[8]House Energy & Commerce Committee (Republicans) — House Committee on Energy & C…
  • Bill status/sponsorship: H.R. 2612 was introduced by Rep. Lori Trahan on April 2, 2025, and referred to E&C; as of the latest Congress.gov entry, it lists zero House co-sponsors. Signal: low organized support beyond sponsor within the House. [1]Congress.gov — Text - H.R.2612 - 119th Congress (2025-2026): DELETE Act[9]Web search · turn 6 #5
  • Senate landscape: Republicans hold a 53–47 majority with John Thune as Majority Leader and Ted Cruz chairing Senate Commerce. Cruz’s committee scheduling is the key gate; GOP leadership is focused on nominations and broader tech policy, not new FTC mandates. [10]Web search · turn 15 #2[3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…[11]Washington Post — Republicans invoke 'nuclear option' to fast-track nominees
  • Senate companion: S. 1287 (Cassidy-Ossoff-Luján) mirrors the House bill, signaling bipartisan interest on concept—but still in Senate Commerce with no reported markup. [4]Congress.gov — Text - S.1287 - 119th Congress (2025-2026): DELETE Act
  • Interest-group alignment: Privacy/civil-society voices (Public Knowledge; EPIC/Consumer Reports via CA analog) supportive of a one-stop deletion model; advertising/data broker coalitions (NetChoice, ANA, IAB, CDIA) opposed to similar state mechanisms—likely to mobilize against a federal version. [12]Benton Institute for Broadband & Society — Reps Trahan, Sens Cassidy and Ossoff…[13]EPIC — EPIC, Consumer Reports File Comments Urging CPPA to Strengthen Delete Re…[14]NetChoice — NetChoice Joint Industry Letter in Opposition to California SB 362…[5]MediaPost — Ad Industry Presses To Derail California Data Broker Bill
  • Context datapoint: Multiple investigations highlight opt-out dark patterns and noncompliance in the data-broker space, which sustains political pressure but hasn’t moved House GOP toward an FTC-run registry. [15]WIRED — Data Brokers Are Hiding Their Opt-Out Pages From Google Search
02 · Section

Key legislators and plausible swing votes

The pivotal actors are committee chairs and a small set of cross-pressured Republicans. Public positions indicate the following leverage points.

  • House gatekeepers: Chair Brett Guthrie (E&C) sets agenda; Subcommittee Chair Gus Bilirakis (Innovation, Data & Commerce) controls first step. Both have long framed privacy around a national standard and kids’ safety—less around building new FTC infrastructure. Translation: low appetite to mark up H.R. 2612 absent broader package trade. [2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[8]House Energy & Commerce Committee (Republicans) — House Committee on Energy & C…[16]Communications Daily / Privacy Daily — Federal Privacy Legislation Reset Expect…
  • House potential crossovers: A handful of pragmatic Rs who’ve engaged on privacy frameworks (e.g., Bilirakis historically backed ADPPA framework) are the most gettable on concept—but committee chairs rarely buck their own markup strategy, and leadership control of floor time limits free-lancing. [17]Web search · turn 13 #0
  • Bill sponsor bloc: Rep. Lori Trahan (D-MA) on E&C’s Innovation panel; in Senate, lead sponsor Sen. Bill Cassidy (R-LA) partnered with Sens. Jon Ossoff (D-GA) and Ben Ray Luján (D-NM). These principals can build a bipartisan Senate coalition if they secure a markup. [8]House Energy & Commerce Committee (Republicans) — House Committee on Energy & C…[18]Web search · turn 6 #0[19]Web search · turn 6 #2[4]Congress.gov — Text - S.1287 - 119th Congress (2025-2026): DELETE Act
  • Senate gatekeeper: Sen. Ted Cruz (Chair, Senate Commerce). His stated view that comprehensive privacy remains divided—and prioritization of kids’ safety—suggests he’ll seek different vehicles before advancing an FTC-run deletion registry. [3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…[16]Communications Daily / Privacy Daily — Federal Privacy Legislation Reset Expect…
  • Allied validators: Ongoing Senate attention to data-broker abuses (e.g., Judiciary Subcommittee hearings on online data) keeps issue salience high and supplies bipartisan talking points, but does not substitute for Commerce Committee buy-in. [20]Web search · turn 14 #2
03 · Section

Leadership influence and procedural dynamics

Leadership posture and committee prerogatives determine whether the bill gets oxygen.

  • House GOP leadership: Speaker Mike Johnson manages a razor-thin majority and has prioritized other agenda items; there’s no public sign he’ll force E&C to move an FTC-expanding bill authored by a House Democrat. Without a rule from the majority-run Rules Committee, there’s no floor path. [7]AP News — 119th Congress Latest: Mike Johnson narrowly reelected House speaker
  • E&C roadmap under Guthrie: Committee communications and trade-press reporting indicate a reset toward kids’ privacy and selective tech items; nothing indicates a standalone FTC deletion dashboard is on the docket. [2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[16]Communications Daily / Privacy Daily — Federal Privacy Legislation Reset Expect…
  • Senate GOP leadership: Majority Leader John Thune has focused floor time on confirmations and GOP priorities; even with a bipartisan sponsor, the bill must clear Cruz’s committee first. Absent that, leadership is unlikely to burn floor time. [21]Office of Sen. John Thune — Thune: Senate Republicans are committed to confirmi…[22]News result · turn 2 #13
  • Institutional posture toward FTC: House Republicans have pushed to curb or restructure FTC authorities this year, reinforcing caucus skepticism toward expanding the Commission’s remit—headwinds for an FTC-centered bill. [23]Reuters — US House panel proposes to move FTC antitrust work to DOJ in budget p…
  • External pressure: Advocacy support (Public Knowledge et al.) and negative press about data-broker practices can create messaging moments, but organized industry opposition has proven effective at the state level and will mobilize federally. [12]Benton Institute for Broadband & Society — Reps Trahan, Sens Cassidy and Ossoff…[15]WIRED — Data Brokers Are Hiding Their Opt-Out Pages From Google Search[5]MediaPost — Ad Industry Presses To Derail California Data Broker Bill
04 · Section

Assessment: likelihood of passage

Bottom-line read from a vote-count and procedure perspective.

House GOP majority
220seats
Senate GOP majority
53seats
H.R. 2612 House co-sponsors
0members
  • House: Low probability of even getting a subcommittee hearing/markup in 2025. Committee chairs and leadership control the valves; with zero GOP co-sponsors and an FTC-centric design, expect the bill to stall in E&C. Estimated passage odds in House this session: low (≤10%). [8]House Energy & Commerce Committee (Republicans) — House Committee on Energy & C…[2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[9]Web search · turn 6 #5
  • Senate: Concept has bipartisan champions (Cassidy-Ossoff) and could attract additional Ds plus a few Rs if it reached the floor, but the decisive variable is Senate Commerce scheduling under Chair Cruz. Without a committee markup, floor action is unlikely. Estimated Senate passage odds this session (standalone): low-to-moderate (20–30%) contingent on committee movement. [4]Congress.gov — Text - S.1287 - 119th Congress (2025-2026): DELETE Act[3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…
  • Overall: Given House gatekeeping and GOP skepticism of expanding FTC authorities, conference-wide enactment in 2025 is unlikely absent bundling into a broader, leadership-backed privacy package (e.g., kids’ online safety). Confidence level: low. [16]Communications Daily / Privacy Daily — Federal Privacy Legislation Reset Expect…
05 · Section

Core sources (selected)

Primary bill texts, committee leadership, chamber control, and documented stakeholder positions used for this whip analysis.

  • Bill texts/status: H.R. 2612 (DELETE Act) and Senate companion S. 1287 on Congress.gov. [1]Congress.gov — Text - H.R.2612 - 119th Congress (2025-2026): DELETE Act[4]Congress.gov — Text - S.1287 - 119th Congress (2025-2026): DELETE Act
  • House E&C control and subcommittee gatekeeping: Guthrie chair announcement; Innovation, Data & Commerce roster. [2]House Energy & Commerce Committee (Republicans) — Chairman Guthrie Announces Ho…[8]House Energy & Commerce Committee (Republicans) — House Committee on Energy & C…
  • Chamber control/leadership: 119th Congress composition; Thune as Senate Majority Leader; Speaker Johnson re-election. [6]Wikipedia — 119th United States Congress[10]Web search · turn 15 #2[7]AP News — 119th Congress Latest: Mike Johnson narrowly reelected House speaker
  • Advocacy and industry positions: Public Knowledge support (via Benton); EPIC/Consumer Reports on CA deletion platform; NetChoice/ANA/IAB opposition to CA Delete Act; reporting on hidden opt-out pages. [12]Benton Institute for Broadband & Society — Reps Trahan, Sens Cassidy and Ossoff…[13]EPIC — EPIC, Consumer Reports File Comments Urging CPPA to Strengthen Delete Re…[14]NetChoice — NetChoice Joint Industry Letter in Opposition to California SB 362…[5]MediaPost — Ad Industry Presses To Derail California Data Broker Bill[15]WIRED — Data Brokers Are Hiding Their Opt-Out Pages From Google Search
  • Senate Commerce leadership/jurisdiction: Cruz as chair; committee press on subcommittees. [3]Wikipedia — United States Senate Committee on Commerce, Science, and Transporta…[24]Web search · turn 2 #0
  • GOP posture toward FTC authority (context): House Judiciary moves to shift antitrust authorities from FTC to DOJ. [23]Reuters — US House panel proposes to move FTC antitrust work to DOJ in budget p…
Sources cited
  1. [1] Text - H.R.2612 - 119th Congress (2025-2026): DELETE Act Congress.gov
  2. [2] Chairman Guthrie Announces House E&C Full Committee Organizational Meeting for the 119th Congress House Energy & Commerce Committee (Republicans)
  3. [3] United States Senate Committee on Commerce, Science, and Transportation Wikipedia
  4. [4] Text - S.1287 - 119th Congress (2025-2026): DELETE Act Congress.gov
  5. [5] Ad Industry Presses To Derail California Data Broker Bill MediaPost
  6. [6] 119th United States Congress Wikipedia
  7. [7] 119th Congress Latest: Mike Johnson narrowly reelected House speaker AP News
  8. [8] House Committee on Energy & Commerce – Subcommittee on Innovation, Data, and Commerce (roster) House Energy & Commerce Committee (Republicans)
  9. [9] Web search · turn 6 #5
  10. [10] Web search · turn 15 #2
  11. [11] Republicans invoke 'nuclear option' to fast-track nominees Washington Post
  12. [12] Reps Trahan, Sens Cassidy and Ossoff Reintroduce Bipartisan Legislation to Restore Americans’ Control Over Their Own Data Benton Institute for Broadband & Society
  13. [13] EPIC, Consumer Reports File Comments Urging CPPA to Strengthen Delete Request & Opt-out Platform EPIC
  14. [14] NetChoice Joint Industry Letter in Opposition to California SB 362 (Delete Act) NetChoice
  15. [15] Data Brokers Are Hiding Their Opt-Out Pages From Google Search WIRED
  16. [16] Federal Privacy Legislation Reset Expected Under Cruz, Guthrie Communications Daily / Privacy Daily
  17. [17] Web search · turn 13 #0
  18. [18] Web search · turn 6 #0
  19. [19] Web search · turn 6 #2
  20. [20] Web search · turn 14 #2
  21. [21] Thune: Senate Republicans are committed to confirming President Trump’s cabinet quickly Office of Sen. John Thune
  22. [22] News result · turn 2 #13
  23. [23] US House panel proposes to move FTC antitrust work to DOJ in budget package Reuters
  24. [24] Web search · turn 2 #0

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