Analyses / Whip Count Analysis / 119 · HRES 1057 Whip Count Analysis

119-HRES-1057 DC Insider Whip Count Analysis

119 · HRES 1057 Providing for consideration of the bill (S. 1383) to establish the Veterans Advisory Committee on Equal Access, and for other purposes; providing for consideration of the bill (H.R. 2189) to modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes; providing for consideration of the bill (H.R. 261) to amend the National Marine Sanctuaries Act to prohibit requiring an authorization for the installation, continued presence, operation, maintenance, repair, or recovery of undersea fiber optic cables in a national marine sanctuary if such activities have previously been authorized by a Federal or State agency; providing for consideration of the bill (H.R. 3617) to amend the Department of Energy Organization Act to secure the supply of critical energy resources, including critical minerals and other materials, and for other purposes; and waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules.

House Republicans muscled H. Res. 1057 through by a single‑vote margin after a 216–214 previous‑question test, signaling they can advance a tightly controlled rule if (and only if) their conference stays essentially unified; Democrats were fully locked down in opposition. Expect: S.1383 to clear the House with bipartisan cover; H.R. 261 and H.R. 3617 to pass narrowly on or near party‑line votes; and H.R. 2189 to be a true one‑to‑three‑vote fight. In the Senate, a 53–47 GOP majority still faces a 60‑vote filibuster: S.1383 (as amended) should be the only near‑term gimme; the rest face steep hurdles absent cross‑party deals. The rule’s same‑day waiver through February 13 positions leadership to move a short CR if needed. (clerk.house.gov)

Published
12 Feb 2026
Updated
12 Feb 2026
Tags
Whip Count · House Rules · Floor Strategy
Unvetted
01 · Section

Breakdown — expected support by party/caucus

What yesterday’s rule vote tells us about capacity, and how that maps onto each bill teed up under H. Res. 1057. (clerk.house.gov)

  • House rule vote snapshot: PQ adopted 216–214; rule adopted 216–215, with Democrats unified no. GOP can lose at most one member on similar party‑line votes. (clerk.house.gov)
  • Same‑day rule waiver (through the legislative day of February 13) is live for a continuing appropriations measure, giving leadership speed if a short CR is required. (clerk.house.gov)
Bill House outlook Notes
S. 1383 (Veterans Advisory Committee on Equal Access) Likely bipartisan passage Passed Senate 12/18/25; House considers via closed rule with a self‑executing substitute and a technical amendment. Content is low‑controversy veterans policy with bipartisan Senate co‑sponsors. (congress.gov)
H.R. 2189 (Law‑Enforcement Innovate to De‑Escalate) Very narrow GOP‑led path (watch 1–3 R defections) Closed rule; bill carves out “less‑than‑lethal projectile devices” from 18 U.S.C. 921. Endorsed by major police groups (e.g., FOP), opposed by GIFFORDS; expect Dems largely unified no, with pressure on frontline/moderate Rs. (rules.house.gov)
H.R. 261 (Undersea Cable Protection Act) Lean pass on or near party lines; potential scattered D crossover Streamlines sanctuary permitting where another agency has already authorized cable work; teed up under closed rule in H. Res. 1057’s report. Tech/telecom‑friendly Dems may peel off; coastal/environment Dems likely hold no. (congress.gov)
H.R. 3617 (Securing America’s Critical Minerals Supply Act) Lean pass; near party‑line with industry backing E&C reported 23–21; business community (U.S. Chamber) is publicly pushing passage. Expect modest Dem crossover from resource/industrial districts. (congress.gov)
  • Senate context (post‑House): GOP 53–47 but filibuster intact; 60 needed on policy bills. S.1383 (if amended in House) will require Senate concurrence but should clear; H.R. 2189 faces the tallest wall given gun‑safety opposition; H.R. 261 and H.R. 3617 could be candidates for packaging or unanimous‑consent tweaks if modest bipartisan support materializes. (senate.gov)
02 · Section

Key legislators — pivotal swing votes to watch

With a one‑vote governing margin, a handful of Republicans effectively decide outcomes on closed‑rule days; Democrats have shown strict discipline against GOP rules.

  • Thomas Massie (R‑KY): frequent procedural dissenter; leadership often counts him out from the start. If he defects on final passage of H.R. 2189, Republicans must hold everyone else. (axios.com)
  • Recent GOP rule defections (tariff fight) show willingness of some moderates to buck leadership on process — notably Don Bacon (R‑NE) and Kevin Kiley (R‑CA) alongside Massie — underscoring the razor‑thin cushion on any controversial closed rule. (ft.com)
  • Brian Fitzpatrick (R‑PA): top‑ranked bipartisan profile; not a declared position here, but he’s the template member leadership must keep onside for H.R. 2189. (fitzpatrick.house.gov)
  • House Democrats: Minority Leader Jeffries has been publicly hard‑line against GOP floor packages; expect near‑total caucus cohesion against H.R. 2189 and to a lesser extent H.R. 261. (jeffries.house.gov)
03 · Section

Leadership influence and procedural dynamics

Where leverage sits and how it’s being used.

  • Speaker Mike Johnson controls a fractious but numerically sufficient GOP majority; Tuesday’s votes confirm he can advance rules if the conference stays nearly unanimous. Margin for error is effectively one. (clerk.house.gov)
  • Rules Committee under Chair Virginia Foxx is running fully closed rules on this package; lineup confirms a majority‑loyal panel after earlier reshuffles. (clerk.house.gov)
  • Section 5 of the rule activates same‑day authority for a short‑fuse CR through February 13 — classic pressure valve to manage brinkmanship around appropriations. (clerk.house.gov)
  • Senate: Majority Leader John Thune has a 53‑seat GOP majority but has explicitly preserved the 60‑vote filibuster — shaping endgame math on H.R. 2189, 261, 3617. (senate.gov)
04 · Section

Assessment — likelihood of passage

Bottom line reads by measure, with confidence level.

  • S. 1383 (VA advisory committee): House passage — High. Bipartisan Senate passage and subject matter make this the easiest lift; House self‑execute amendment means a quick Senate concurrence likely follows. (congress.gov)
  • H.R. 2189 (less‑than‑lethal carve‑out): House passage — Moderate. Police‑group support helps with some Rs, but GIFFORDS’ opposition hardens Dem unity and could peel a libertarian or suburban R or two; expect a 1–3 vote margin if it moves. Senate prospects — Low (60‑vote wall). (fop.net)
  • H.R. 261 (undersea cables): House passage — Moderate/High under a closed rule; niche policy with some bipartisan potential but environmental pushback likely limits D crossover. Senate — Moderate/Low absent a bipartisan deal. (congress.gov)
  • H.R. 3617 (critical minerals/DOE): House passage — Moderate/High. Narrow E&C report and fresh Chamber backing suggest near party‑line passage with a few D yeses from resource/industrial districts. Senate — Moderate if paired with related bipartisan minerals efforts. (congress.gov)
House party split (voting members)
218R vs. 213 D; 4 vacancies
Rule votes (Feb 11, 2026)
216PQ 216–214; Adoption 216–215
Senate party split
53R vs. 47 (incl. Inds.)
Filibuster threshold
60votes

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