[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 110 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. CON. RES. 110
Establishing grounds under which Members of Congress may vote by proxy
and remotely attend committee proceedings in the event of illness, a
death in the family, jury service, military service, and other
emergency situations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2024
Ms. Porter submitted the following concurrent resolution; which was
referred to the Committee on Rules
_______________________________________________________________________
CONCURRENT RESOLUTION
Establishing grounds under which Members of Congress may vote by proxy
and remotely attend committee proceedings in the event of illness, a
death in the family, jury service, military service, and other
emergency situations, and for other purposes.
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Legislative Proxy and Absence
Accommodation Resolution''.
SEC. 2. PERMITTING PROXY VOTING AND REMOTE ATTENDANCE AT COMMITTEE
PROCEEDINGS FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES
IN CERTAIN CASES.
(a) Proxy Voting.--Rule III of the Rules of the House of
Representatives is amended--
(1) in clause 2(a), by striking ``A Member may not'' and
inserting ``Except as provided in clause 4, a Member may not'';
(2) in clause 2(b), by striking ``No other person may'' and
inserting ``Except as provided in clause 4, no other person
may''; and
(3) by adding at the end the following new clause:
``Proxy voting
``4.(a) If any of the grounds described in paragraph (b) applies to
a Member, such Member may designate another Member as a proxy who may
cast the vote of such Member or record the presence of such Member in
the House if such Member submits to the Clerk a signed letter (which
may be in electronic form)--
``(1) certifying that one of those grounds applies to such
Member; and
``(2) specifying by name the other Member who is designated
as a proxy for such Member.
``(b) The grounds described in this paragraph with respect to a
Member are as follows:
``(1) Any of the grounds under which an eligible employee
is entitled to leave under subparagraphs (A) through (E) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)), but only if the Member includes with
the signed letter required under this paragraph such
documentation as the Clerk may require.
``(2) An illness of the Member which would not be treated
as a serious health condition under section 102(a)(1)(D) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D))
if the Member were an eligible employee under such Act, except
that the number of days during which a Member may designate a
proxy under this clause on the basis of this subparagraph in a
calendar year may not exceed 7.
``(3) The summoning of the Member, in connection with a
judicial proceeding, by a court or authority responsible for
the conduct of that proceeding, to serve as a juror, but only
if the Member includes with the signed letter required under
this paragraph such documentation of the summoning as the Clerk
may require.
``(4) The death of a family member, except that the number
of consecutive days during which a Member may designate a proxy
under this clause on the basis of this subparagraph with
respect to a family member may not exceed 4. For purposes of
this subparagraph, the term `family member' means a spouse
(including a domestic partner) and a spouse's parent; a child
and a child's spouse; a parent and a parent's spouse; a sibling
and a sibling's spouse; a grandparent, a grandchild, or a
spouse of a grandparent or grandchild; and any other individual
who is related by blood or affinity and whose association with
the individual is the equivalent of a family relationship under
regulations issued by the Committee on House Administration.
``(5) The Member is absent by reason of service in the
uniformed services, as defined in section 4303(13) of title 38,
United States Code, except that the number of days during which
a Member may designate a proxy under this clause on the basis
of this subparagraph in a calendar year may not exceed 15 in
the case of service consisting of active duty, active duty for
training, and inactive duty training and may not exceed 22 days
in the case of service consisting of State active duty in
response to a national emergency or a major disaster referred
to in such section. A Member may designate a proxy under this
clause on the basis of this subparagraph only if the Member
includes with the signed letter required under this paragraph
such documentation of the service as the Clerk may require.
``(6) The Member is prevented from safely traveling to or
performing work at the location of the committee proceeding due
to--
``(A) an act of God;
``(B) a terrorist attack; or
``(C) another condition that prevents the Member
from safely traveling to or performing work at the
location of the proceeding.
``(c) The Clerk shall maintain an updated list of the following
information, and shall make such list publicly available in electronic
form:
``(1) The designations submitted or in effect under
paragraph (a).
``(2) With respect to each Member who designated a proxy
under paragraph (a)--
``(A) the number of days for which the Member
designated a proxy; and
``(B) the grounds under paragraph (b) on which the
Member designated the proxy.
``(d) Any Member whose vote is cast or whose presence is recorded
by a designated proxy under this clause shall be counted for the
purpose of establishing a quorum under the rules of the House.''.
(b) Remote Attendance at Committee Proceedings.--Rule XI of the
Rules of the House of Representatives is amended by adding at the end
the following new clause:
``Remote attendance at committee proceedings in certain cases
``7.(a) Notwithstanding any other provision of this rule, if any of
the grounds described in paragraph (b) applies to a Member and such
Member has submitted to the Clerk a signed letter (which may be in
electronic form) certifying that one of those grounds applies to such
Member--
``(1) such Member may participate remotely during in-person
committee proceedings, including by casting a vote or recording
such Member's presence remotely;
``(2) such remote participation shall not be considered an
absence for purposes of clause 5(c) of rule X or clause 2(d) of
rule XI; and
``(3) such Member shall be counted for the purpose of
establishing a quorum under the rules of the House and the
committee.
``(b) The grounds described in this paragraph with respect to a
Member are as follows:
``(1) Any of the grounds under which an eligible employee
is entitled to leave under subparagraphs (A) through (E) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)), but only if the Member includes with
the signed letter required under this paragraph such
documentation as the Clerk may require.
``(2) An illness of the Member which would not be treated
as a serious health condition under section 102(a)(1)(D) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D))
if the Member were an eligible employee under such Act, except
that the number of days during which a Member may participate
remotely under this clause on the basis of this subparagraph in
a calendar year may not exceed 7.
``(3) The summoning of the Member, in connection with a
judicial proceeding, by a court or authority responsible for
the conduct of that proceeding, to serve as a juror, but only
if the Member includes with the signed letter required under
this paragraph such documentation of the summoning as the Clerk
may require.
``(4) The death of a family member, except that the number
of consecutive days during which a Member may participate
remotely under this clause on the basis of this subparagraph
with respect to a family member may not exceed 4. For purposes
of this subparagraph, the term `family member' means a spouse
(including a domestic partner) and a spouse's parent; a child
and a child's spouse; a parent and a parent's spouse; a sibling
and a sibling's spouse; a grandparent, a grandchild, or a
spouse of a grandparent or grandchild; and any other individual
who is related by blood or affinity and whose association with
the individual is the equivalent of a family relationship under
regulations issued by the Committee on House Administration.
``(5) The Member is absent by reason of service in the
uniformed services, as defined in section 4303(13) of title 38,
United States Code, except that the number of days during which
a Member may participate remotely under this clause on the
basis of this subparagraph in a calendar year may not exceed 15
in the case of service consisting of active duty, active duty
for training, and inactive duty training and may not exceed 22
days in the case of service consisting of State active duty in
response to a national emergency or a major disaster referred
to in such section. A Member may participate remotely under
this clause on the basis of this subparagraph only if the
Member includes with the signed letter required under this
paragraph such documentation of the service as the Clerk may
require.
``(6) The Member is prevented from safely traveling to or
performing work at the location of the committee proceeding due
to--
``(A) an act of God;
``(B) a terrorist attack; or
``(C) another condition that prevents the Member
from safely traveling to or performing work at the
location of the proceeding.
``(c) The Clerk shall maintain an updated list of the following
information, and shall make such list publicly available in electronic
form:
``(1) The Members who are eligible to participate remotely
under this clause.
``(2) With respect to each such Member--
``(A) the number of days for which the Member
participated remotely; and
``(B) the grounds under paragraph (b) on which the
Member participated remotely.''.
SEC. 3. PERMITTING PROXY VOTING AND REMOTE ATTENDANCE AT COMMITTEE
PROCEEDINGS FOR SENATORS IN CERTAIN CASES.
(a) Proxy Voting.--
(1) Authorizing designation of proxies.--Notwithstanding
any other provision of any of the Standing Rules of the Senate,
if any of the grounds described in subsection (c) applies to a
Senator, such Senator may designate another Senator as a proxy
who may cast the vote of such Senator or record the presence of
such Senator in the Senate if such Senator submits to the
Secretary of the Senate a signed letter (which may be in
electronic form)--
(A) certifying that one of those grounds applies to
such Senator; and
(B) specifying by name the other Senator who is
designated as a proxy for such Senator.
(2) Determination of quorum.--Any Senator whose vote is
cast or whose presence is recorded by a designated proxy under
this section shall be counted for the purpose of establishing a
quorum under the Standing Rules of the Senate.
(b) Remote Attendance at Committee Proceedings.--Notwithstanding
any other provision of any of the Standing Rules of the Senate, if any
of the grounds described in subsection (c) applies to a Senator, and
such Senator has submitted to the Secretary of the Senate a signed
letter (which may be in electronic form) certifying that one of those
grounds applies to such Senator, such Senator may participate remotely
during in-person committee proceedings, including by casting a vote or
recording such Senator's presence remotely, and--
(1) such remote participation shall not be considered an
absence for purposes of any provision of the Standing Rules of
the Senate; and
(2) a Senator participating remotely pursuant to this
subsection shall be counted for the purpose of establishing a
quorum under the Standing Rules of the Senate and the
committee.
(c) Grounds Described.--The grounds described in this subsection
with respect to a Senator are as follows:
(1) Any of the grounds under which an eligible employee is
entitled to leave under subparagraphs (A) through (E) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)), but only if the Member includes with
the signed letter required under this paragraph such
documentation as the Secretary may require.
(2) An illness of the Senator which would not be treated as
a serious health condition under section 102(a)(1)(D) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D))
if the Senator were an eligible employee under such Act, except
that the number of days during which a Senator may designate a
proxy under subsection (a) or may participate remotely under
subsection (b) on the basis of this paragraph in a calendar
year may not exceed 7.
(3) The summoning of the Senator, in connection with a
judicial proceeding, by a court or authority responsible for
the conduct of that proceeding, to serve as a juror, but only
if the Senator includes with the signed letter required under
this paragraph such documentation of the summoning as the Clerk
may require.
(4) The death of a family member, except that the number of
consecutive days during which a Senator may designate a proxy
under subsection (a) or may participate remotely under
subsection (b) on the basis of this paragraph with respect to a
family member may not exceed 4. For purposes of this paragraph,
the term ``family member'' means a spouse (including a domestic
partner) and a spouse's parent; a child and a child's spouse; a
parent and a parent's spouse; a sibling and a sibling's spouse;
a grandparent, a grandchild, or a spouse of a grandparent or
grandchild; and any other individual who is related by blood or
affinity and whose association with the individual is the
equivalent of a family relationship under regulations issued by
the Committee on Rules and Administration.
(5) The Senator is absent by reason of service in the
uniformed services, as defined in section 4303(13) of title 38,
United States Code, except that the number of days during which
a Senator may designate a proxy under subsection (a) or may
participate remotely under subsection (b) on the basis of this
paragraph in a calendar year may not exceed 15 in the case of
service consisting of active duty, active duty for training,
and inactive duty training and may not exceed 22 days in the
case of service consisting of State active duty in response to
a national emergency or a major disaster referred to in such
section. A Senator may designate a proxy under subsection (a)
or may participate remotely under subsection (b) on the basis
of this paragraph only if the Senator includes with the signed
letter required under such subsections such documentation of
the service as the Secretary may require.
(6) The Senator is prevented from safely traveling to or
performing work at the location of the committee proceeding due
to--
(A) an act of God;
(B) a terrorist attack; or
(C) another condition that prevents the Senator
from safely traveling to or performing work at the
location of the proceeding.
(d) Maintenance of Information by Secretary.--The Secretary shall
maintain an updated list of the following information, and shall make
such list publicly available in electronic form:
(1) The designations of proxies submitted or in effect
under subsection (a).
(2) With respect to each Senator who designated a proxy
under subsection (a)--
(A) the number of days for which the Senator
designated a proxy; and
(B) the grounds under subsection (c) on which the
Senator designated the proxy.
(3) The Senators who are eligible to participate remotely
under subsection (b).
(4) With respect to each Senator who is eligible to
participate remotely under subsection (b)--
(A) the number of days for which the Senator
participated remotely; and
(B) the grounds under subsection (c) on which the
Senator participated remotely.
<all>