Analyses / Whip Count Analysis / 119 · HR 573 Whip Count Analysis

119-HR-573 DC Insider Whip Count Analysis

119 · HR 573 Studying NEPA’s Impact on Projects Act

eco Environmental Protection
Studying NEPA’s Impact on Projects ActThis bill directs the Council on Environmental Quality (CEQ) to annually report on the impact of the National Environmental Policy Act of 1969 (NEPA) on projects...

H.R. 573 cleared the House on Dec. 9 by voice under suspension, signaling broad bipartisan comfort with a narrow transparency mandate. In the GOP‑run Senate (53–47), EPW Chair Capito and a bipartisan Senate companion (Curtis–Kelly) point to a smooth path via EPW and unanimous consent hotlining, barring a progressive hold. Passage odds: high; timing depends on year‑end floor triage and whether any Democrat (e.g., EPW Ranking Whitehouse allies) objects to perceived groundwork for future NEPA curbs. [1]Library of Congress — All Actions for H.R. 573 (119th) — Congress.gov[2]Associated Press — AP: New Majority Leader Thune vows to preserve filibuster; G…[3]Senate EPW Committee (Majority News) — EPW: Capito, Whitehouse announce 119th C…[4]Library of Congress — S.1191 text — Studying NEPA’s Impact on Projects Act (Sen…[5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…

Published
10 Dec 2025
Updated
10 Dec 2025
Tags
Whip count · Permitting · NEPA
Unvetted
01 · Section

Breakdown: expected support/opposition

  • House (completed): Passed by voice under suspension on Dec. 9, indicating at least two‑thirds support among those present and no organized floor opposition. [1]Library of Congress — All Actions for H.R. 573 (119th) — Congress.gov[6]CRS / Congress.gov — CRS: Suspension of the Rules in the House — Principal Feat…
  • Senate party math: Republicans hold a 53–47 majority this Congress; leadership has pledged to preserve the 60‑vote norm but routinely clears non‑controversials by unanimous consent. [2]Associated Press — AP: New Majority Leader Thune vows to preserve filibuster; G…[7]Office of Sen. John Thune — Thune: First remarks as Senate Majority Leader[8]CRS / Congress.gov — CRS: How Unanimous Consent Agreements Regulate Senate Floo…
  • Senate Republicans: Expect near‑unanimous support; the bill aligns with the conference’s permitting/transparency posture and falls within EPW Chair Capito’s portfolio. [9]Senate EPW Committee — EPW Majority News: Capito on permitting reform (Feb. 19,…
  • Senate Democrats/Independents: Moderates and pro‑permitting members are probable yeses (notably Sen. Mark Kelly, a co‑sponsor of the Senate companion). Progressive climate hawks are more skeptical, given recent opposition to perceived NEPA dilution. Net Democratic support likely sufficient to clear UC; if a hold materializes, expect >60 votes available on a roll‑call. [5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…[10]Web search · turn 14 #3
  • Outside pressure: Industry and construction groups (e.g., API, NAM, AGC, Chamber, NECA) are on record backing the concept; a coalition of environmental‑justice and green groups opposed the earlier House version alongside broader NEPA fights. That cross‑pressure modestly raises hold risk but not defeat risk. [11]Office of Rep. Rudy Yakym — Rep. Yakym press release: supporters (NECA, AGC, AP…[12]Climate Justice Alliance — Climate Justice Alliance letter opposing H.R. 6129/H…
02 · Section

Key legislators to watch

  • Shelley Moore Capito (R‑WV), EPW Chair: Controls committee agenda; has repeatedly framed permitting/NEPA process transparency as a bipartisan target, making her the prime mover for a quick markup or discharge. [9]Senate EPW Committee — EPW Majority News: Capito on permitting reform (Feb. 19,…
  • Sheldon Whitehouse (D‑RI), EPW Ranking Member: Longtime NEPA/climate hawk; unlikely to back rollbacks, but may tolerate a narrow reporting bill. If he signals concern that litigation tracking is a pretext, a Democratic hold could surface. [13]Office of Sen. Sheldon Whitehouse — Sen. Whitehouse press release: Critique of…
  • John R. Curtis (R‑UT), Senate sponsor (S.1191) and EPW subcommittee chair; Mark Kelly (D‑AZ), Democratic co‑sponsor: Bipartisan bill owners who can help clear UC and reassure skeptics the measure is informational, not substantive. [4]Library of Congress — S.1191 text — Studying NEPA’s Impact on Projects Act (Sen…[5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…
  • Lisa Murkowski (R‑AK) and Susan Collins (R‑ME): Typical UC gatekeepers on process/precedent; no visible objections expected on a data‑only bill. (Inferred from standard UC practice; no bill‑specific statements found.) [8]CRS / Congress.gov — CRS: How Unanimous Consent Agreements Regulate Senate Floo…
  • House floor manager: Rep. Jeff Crank (R‑CO) handled the successful suspension motion—useful signal to Senate that no organized House bloc is mobilizing against it. [1]Library of Congress — All Actions for H.R. 573 (119th) — Congress.gov
03 · Section

Leadership stance and procedural dynamics

  • Senate leadership: Majority Leader John Thune controls floor time; he’s committed to the 60‑vote Senate but relies on UC/hotline to clear low‑controversy items—this fits that bucket. Minority Leader Chuck Schumer’s caucus has room to allow UC on a narrow transparency bill. [7]Office of Sen. John Thune — Thune: First remarks as Senate Majority Leader[14]U.S. Senate — U.S. Senate: Majority and Minority Leaders list[8]CRS / Congress.gov — CRS: How Unanimous Consent Agreements Regulate Senate Floo…
  • Committee of referral: Senate EPW (jurisdiction over CEQ/NEPA) with Capito as Chair and Whitehouse as Ranking. Expect either a quick EPW voice markup or direct UC on the House‑passed text. [3]Senate EPW Committee (Majority News) — EPW: Capito, Whitehouse announce 119th C…[15]Senate EPW Committee — EPW Subcommittee (Regulatory Oversight) page — CEQ/NEPA…
  • Executive branch context: CEQ already maintains historic NEPA litigation tallies (2001–2013) and is implementing FRA‑2023 NEPA amendments—making the reporting mandate operationally straightforward for the administration. [16]CEQ (Executive Office of the President) — CEQ: NEPA Litigation Surveys (2001–20…[17]CEQ (Executive Office of the President) — CEQ: Fiscal Responsibility Act of 202…
04 · Section

Interest groups and signals

  • Support: NECA, AGC, API, U.S. Chamber, NAM publicly backed the bill concept in House proceedings—amplifying GOP support and giving moderates cover. [11]Office of Rep. Rudy Yakym — Rep. Yakym press release: supporters (NECA, AGC, AP…
  • Opposition: Environmental‑justice and green coalitions objected to H.R. 6129/H.R. 573 during prior hearings, warning it tees up broader NEPA constraints; they may press Senate progressives to place a hold. [12]Climate Justice Alliance — Climate Justice Alliance letter opposing H.R. 6129/H…
05 · Section

Institutional context and hurdles

  • House signal: Passage under suspension (two‑thirds threshold, no amendments) is a classic indicator of bipartisan comfort; it reduces Senate political risk. [6]CRS / Congress.gov — CRS: Suspension of the Rules in the House — Principal Feat…
  • Senate pathway: The cleanest route is EPW clearance (or discharge) followed by unanimous consent hotlining. If any senator objects, leaders can file cloture and pass on a bipartisan vote given GOP majority and moderate Democratic support. [8]CRS / Congress.gov — CRS: How Unanimous Consent Agreements Regulate Senate Floo…
  • Scope/cost: The bill is a reporting mandate to CEQ; Congress.gov shows no CBO score posted yet, which typically eases UC clearance at year‑end. [18]Library of Congress — All Info for H.R. 573 — Congress.gov (CBO estimates = 0)
  • Policy alignment: The bill’s required disaggregation around the Fiscal Responsibility Act of 2023 dovetails with ongoing NEPA implementation and page/timeline limits adopted by CEQ. [17]CEQ (Executive Office of the President) — CEQ: Fiscal Responsibility Act of 202…
06 · Section

Assessment

  • Bottom line: High likelihood of Senate passage in December/January. Bipartisan Senate companion (Curtis–Kelly), EPW majority support, and a non‑substantive reporting scope make this a strong UC candidate. [4]Library of Congress — S.1191 text — Studying NEPA’s Impact on Projects Act (Sen…[5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…
  • Timing: If hotlined without objection, clearance can occur in minutes during wrap‑up; a progressive hold would slip timing to a brief EPW markup and a 60‑vote floor passage that should still succeed. [8]CRS / Congress.gov — CRS: How Unanimous Consent Agreements Regulate Senate Floo…
  • Estimated whip: R yes 52–53; D/I yes 5–10; total 57–63 if a roll‑call is forced. Confidence: high. (Projection informed by House suspension passage and Senate companion sponsorship.) [1]Library of Congress — All Actions for H.R. 573 (119th) — Congress.gov[5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…
07 · Section

Quick reference

House status
Passed by voice under suspension (Dec. 9, 2025). [1]Library of Congress — All Actions for H.R. 573 (119th) — Congress.gov
Senate referral
EPW (CEQ/NEPA jurisdiction). [15]Senate EPW Committee — EPW Subcommittee (Regulatory Oversight) page — CEQ/NEPA…
Senate majority
Republicans 53–47; Thune majority leader; Schumer minority leader. [2]Associated Press — AP: New Majority Leader Thune vows to preserve filibuster; G…[14]U.S. Senate — U.S. Senate: Majority and Minority Leaders list
Senate companion
S.1191 (Curtis–Kelly). [4]Library of Congress — S.1191 text — Studying NEPA’s Impact on Projects Act (Sen…[5]Office of Sen. Mark Kelly — Sen. Mark Kelly press release: Kelly–Curtis introdu…
Senate GOP seats
53
Likely GOP yes
52–53
Likely Dem/Ind. yes
5–10
Projected floor votes if recorded
57–63
House vote form
0Voice (suspension)
Sources cited
  1. [1] All Actions for H.R. 573 (119th) — Congress.gov Library of Congress
  2. [2] AP: New Majority Leader Thune vows to preserve filibuster; GOP Senate 53–47 Associated Press
  3. [3] EPW: Capito, Whitehouse announce 119th Congress subcommittees Senate EPW Committee (Majority News)
  4. [4] S.1191 text — Studying NEPA’s Impact on Projects Act (Senate companion) Library of Congress
  5. [5] Sen. Mark Kelly press release: Kelly–Curtis introduce S.1191 Office of Sen. Mark Kelly
  6. [6] CRS: Suspension of the Rules in the House — Principal Features (98-314) CRS / Congress.gov
  7. [7] Thune: First remarks as Senate Majority Leader Office of Sen. John Thune
  8. [8] CRS: How Unanimous Consent Agreements Regulate Senate Floor Action (RS20594) CRS / Congress.gov
  9. [9] EPW Majority News: Capito on permitting reform (Feb. 19, 2025) Senate EPW Committee
  10. [10] Web search · turn 14 #3
  11. [11] Rep. Yakym press release: supporters (NECA, AGC, API, Chamber, NAM) Office of Rep. Rudy Yakym
  12. [12] Climate Justice Alliance letter opposing H.R. 6129/H.R. 573 in NEPA hearing Climate Justice Alliance
  13. [13] Sen. Whitehouse press release: Critique of Trump CEQ NEPA rollback Office of Sen. Sheldon Whitehouse
  14. [14] U.S. Senate: Majority and Minority Leaders list U.S. Senate
  15. [15] EPW Subcommittee (Regulatory Oversight) page — CEQ/NEPA oversight Senate EPW Committee
  16. [16] CEQ: NEPA Litigation Surveys (2001–2013) CEQ (Executive Office of the President)
  17. [17] CEQ: Fiscal Responsibility Act of 2023 — NEPA amendments Q&A CEQ (Executive Office of the President)
  18. [18] All Info for H.R. 573 — Congress.gov (CBO estimates = 0) Library of Congress

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