Key Takeaways
- •The Rules Committee considered H.R. 2189, redefining less-lethal devices, and H.R. 261, concerning undersea cable permits, amidst sharp partisan disagreements on their impacts.
- •Representative Fitzgerald (Republican-WI-5) argued H.R. 2189 updates federal law to help law enforcement acquire less-lethal tools for de-escalation, reducing liability and improving safety.
- •Representative Leger Fernandez (Democratic-NM-3) pressed Representative Fitzgerald (Republican-WI-5) on whether H.R. 2189 would allow felons and domestic abusers to acquire Tasers without background checks.
- •Democrats opposed H.R. 2189, citing dangerous loopholes for prohibited individuals, while Republicans supported it as essential for equipping law enforcement with de-escalation tools.
- •The committee's consideration of these bills highlights ongoing partisan divides on gun control and environmental regulation, with a rule vote preceding potential House floor action.
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Hearing Analysis
Overview
summary: On February 9, 2026, the House Rules Committee convened to consider the regulatory frameworks for three distinct pieces of legislation: H.R. 261, the Undersea Cable Protection Act; H.R. 2189, the Law Enforcement Innovate to De-Escalate Act; and H.R. 3617, the Securing America's Critical Minerals Supply Act. Chairwoman Virginia Foxx (R-NC-5) opened the hearing by emphasizing that these measures are intended to fortify national security, modernize law enforcement tools, and secure the domestic energy supply chain. Conversely, Ranking Member substitute Mary Gay Scanlon (D-PA-5) criticized the agenda as a "pay-to-play" scheme that prioritizes special interests and large corporations over the needs of working families.
The first portion of the hearing focused on H.R. 261, presented by Chairman Bruce Westerman (R-AR-4). The bill seeks to eliminate the requirement for a "special use permit" under the National Marine Sanctuaries Act for undersea cable projects, provided the applicant has other valid federal permits. Westerman argued that while undersea cables carry 95% of global internet traffic and trillions in financial transactions, the current five-year special use permit is "unworkable" for infrastructure with a 25-year lifespan. He noted that no new cables have been laid in national marine sanctuaries in 20 years, creating "no-go zones" that force cable consolidation and increase vulnerability to adversaries like China.
Key Testimony
Rep. Sarah Elfreth (D-MD-3) testified in opposition, characterizing the bill as a corporate handout to "Silicon Valley executives." She argued that the special use permits allow the National Oceanic and Atmospheric Administration (NOAA) to collect fair market value fees—ranging from $40,000 to $100,000 per linear mile—which fund the upkeep of sensitive marine ecosystems. Rep. Joe Neguse (D-CO-2) challenged the notion that multi-billion dollar companies like Meta or Amazon are deterred by these fees, suggesting the bill should be renamed the "giveaway to Amazon and Meta bill." Westerman countered that the primary deterrent is the restrictive five-year permit duration rather than the fees themselves.
The committee then turned to H.R. 2189, the Law Enforcement Innovate to De-Escalate Act, introduced by Rep. Scott Fitzgerald (R-WI-5). The bill aims to amend the Gun Control Act (GCA) of 1968 to exclude "less-than-lethal projectile devices" from the definition of a firearm. Fitzgerald explained that newer technology, such as the Taser 10, uses an explosive propellant that currently triggers GCA classification. This classification, he argued, creates significant liability for police departments, as discharging the device may be legally considered "deadly force" in 43 states. He stated the bill is supported by the Fraternal Order of Police (FOP), the National Organization of Black Law Enforcement Executives (NOBLE), and the African American Mayors Association.
Policy Proposals
Ranking Member Jamie Raskin (D-MD-8) led the opposition, arguing the bill creates a "dangerous new loophole." By removing these devices from the GCA and the National Firearms Act (NFA), Raskin contended that prohibited persons—including convicted felons, domestic abusers, and fugitives—would be able to purchase Tasers without background checks. He further noted that the bill would exempt these weapons from serial number requirements and metal detector detectability standards. A sharp exchange occurred between Raskin and Rep. Austin Scott (R-GA-8) regarding whether the bill would allow felons to carry Tasers onto airplanes. While Scott argued that TSA and common sense would prevent such actions, Raskin maintained that federal firearms law is the current basis for those restrictions.
The discussion on H.R. 2189 also touched on a provision added by Rep. David Schweikert (R-AZ-1) to eliminate excise taxes on these devices. Rep. Neguse questioned why Republicans were "obsessed" with eliminating taxes on weapons, noting that state and local governments are already exempt from such taxes under existing law. Fitzgerald clarified that the tax elimination would primarily affect the small percentage of private-sector sales and that the bill includes a requirement for a report on the fiscal impact.
Overview
Finally, the committee briefly addressed H.R. 3617, which would amend the Department of Energy Organization Act to define "critical energy resources" broadly and mandate ongoing supply chain assessments by the Secretary of Energy. Rep. Scanlon argued the definition was so expansive it could include fossil fuels like oil and coal, allowing "big polluters" to bypass environmental standards.
Key Testimony
Notable organizations mentioned throughout the testimony included tech giants Meta, Amazon, and Huawei; law enforcement groups such as the FOP and NOBLE; and advocacy organizations including Giffords, Brady, and the National Domestic Violence Hotline. The hearing concluded with a lengthy discussion by Rep. H. Griffith (R-VA-9) regarding the lack of federal mechanisms for restoring firearm rights for individuals convicted of misdemeanor domestic assault, though this was noted as being outside the immediate scope of the bills under consideration. The committee did not announce specific deadlines for follow-up actions during the recorded portion of the transcript.
Transcript
[Gavel sounds.] Good afternoon. The committee will come to order. With objection, the chair is authorized to declare recess at any time. Today, the Rules Committee is convening to consider three separate measures: H.R. 261, H.R. 2189, H.R. 3617. H.R. 261, the Undersea Cable Protection Act, would fortify our nation's national security posture by protecting submarine cable infrastructure and striking down duplicative permitting laws. Current protections for the United States cable infrastructure need a serious tune-up so that its reliability and safeguards remain secure from all manner of threats. We've seen it all too well across Europe, multiple incidents of both undersea cable and undersea pipeline damage going back to 2022. As we all know, our nation's adversaries are always looking for weak points to exploit, and this legislation targets an important area we do well to strengthen for the sake of our own national security. H.R. 2189, the Law Enforcement Innovate to De-Escalate Act, would update the Gun Control Act, GCA, of 1968 to exclude less-than-lethal projectile devices from its definition of the term firearm. Currently, the GCA places new models of less-than-lethal equipment, such as Taser devices, in the same classification as firearms. This classification is erroneous and makes it more difficult for law enforcement to acquire these less-than-lethal devices. We can and should correct this so that law enforcement is best equipped for both self-defense and de-escalation. Finally, H.R. 3617, the Securing America's Critical Minerals Supply Act, would amend the Department of Energy Organization Act by enshrining, quote, "critical energy resource," end quote, as any energy resource that is essential to the energy sector and energy systems of the United States and the supply chain of which is vulnerable to disruption. We've heard many times over in this committee how the demand for critical minerals continues to climb across the nation, and as such, we should be working to open opportunities right here in America to harness those resources and ensure their place in bringing on new energy to meet the demands of the 21st century. H.R. 3617 would also direct the Secretary of Energy to conduct an ongoing assessment of the nation's supply of critical energy resources, the vulnerability of the critical energy resource supply chains, and the energy security considerations of critical energy resources in the development of energy technologies. I look forward to the discussions we'll have here today on these three measures. With that, I now yield to the ranking member substitute, Ms. Scanlon, for any comments she wishes to make.
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