Legislative Proxy and Absence Accommodation Resolution

Bill Number

H.Con.Res. 5

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Congress

Status

Introduced

Latest Action

2025-01-28: Referred to the House Committee on Rules.

Last Updated

2025-03-07T21:12:50Z

AI-Generated Summary

Purpose

This concurrent resolution aims to allow Members of Congress (in both the House of Representatives and the Senate) to vote by proxy or participate remotely in committee proceedings during specific personal hardships or emergencies. It seeks to ensure legislative continuity without requiring physical presence, while limiting these options to verified circumstances to prevent abuse.

Key Provisions

• Eligible Grounds for Proxy Voting or Remote Participation:
• Reasons qualifying for family or medical leave under the Family and Medical Leave Act (FMLA), such as birth or adoption of a child, caring for a family member with a serious health condition, or the Member's own serious health condition (requires documentation).
• Minor illness of the Member (not qualifying as a "serious health condition" under FMLA), limited to 7 days per calendar year.
• Jury service, with required proof from the court.
• Death of a family member (defined broadly to include spouses, children, parents, siblings, grandparents, grandchildren, and equivalent relations), limited to 4 consecutive days per incident.
• Military service in the uniformed services (e.g., active duty, training), limited to 15 days per year for standard duties or 22 days for state responses to national emergencies or disasters (requires documentation).
• Inability to safely travel or work due to an act of God (e.g., natural disaster), terrorist attack, or similar emergency condition affecting the proceeding location.

• Process for House of Representatives:
• Amends House Rule III to allow proxy voting: A Member submits a signed letter (electronic OK) to the Clerk designating another Member as proxy, certifying the ground and attaching documentation if needed. The proxy can cast votes or record presence, counting toward quorum.
• Amends House Rule XI to allow remote participation in committees: Similar letter to Clerk; remote voting or presence counts toward quorum and is not treated as an absence.
• Clerk maintains and publicly posts an electronic list of designations, days used, and grounds.

• Process for Senate:
• Overrides Senate Standing Rules to allow proxy voting and remote committee participation under the same grounds and limits.
• Senator submits signed letter (electronic OK) to the Secretary of the Senate, with documentation where required. Proxy or remote actions count toward quorum and are not absences.
• Secretary maintains and publicly posts a similar electronic list.

• Short Title: "Legislative Proxy and Absence Accommodation Resolution."

Significant Changes to Existing Law

• House Changes: Modifies Rule III (which previously banned proxy voting outright) by adding exceptions, and adds a new clause to Rule XI for remote committee attendance. This shifts from a strict in-person requirement to limited flexibility.
• Senate Changes: Introduces proxy voting and remote participation where none existed in Standing Rules, effectively creating new allowances "notwithstanding" prior prohibitions.
• Overall, this is the first formal, peacetime framework for proxy and remote options beyond emergency pandemic rules (e.g., those used in 2020), with caps on usage to balance accommodation and tradition.

Potential Impacts

• On Government Agencies: Minimal direct impact, but the Clerk of the House and Secretary of the Senate gain administrative duties to verify documents and maintain public lists, potentially requiring minor updates to electronic systems.
• On Citizens: Indirect benefits for constituents, as it could reduce disruptions in legislative work due to Members' personal issues, ensuring more consistent representation. No direct effects on public services or rights.
• On International Relations: Negligible, as this is an internal congressional procedure with no foreign policy elements.

Main Stakeholders Affected

• Members of Congress: Primary beneficiaries, particularly those with family responsibilities, health challenges, jury obligations, military duties, or exposure to emergencies; enables participation without forfeiting quorum or voting rights.
• Congressional Staff and Leadership: Committees and party leaders may need to adapt to remote or proxy involvement, affecting quorum calculations and proceedings.
• Public and Oversight Bodies: Transparency via public lists allows scrutiny of usage, potentially influencing voter perceptions of congressional accountability.

Notable Legal, Constitutional, or Political Implications

• Legal: Aligns with the FMLA by incorporating its definitions (a federal law providing unpaid leave for family/medical reasons) and military protections under U.S. Code Title 38. Requires documentation to ensure validity, reducing fraud risks, but leaves specifics (e.g., "equivalent family relationship") to committee regulations.
• Constitutional: Congress has broad authority under Article I, Section 5 to set its own internal rules, so this resolution fits within that power without needing broader legislation. It preserves quorum requirements, avoiding challenges to legislative validity.
• Political: Could spark debates on diluting in-person deliberation traditions versus modernizing for work-life balance; limits on days prevent overuse, but critics might argue it enables "absentee" voting. Public disclosure promotes accountability, though it may highlight partisan differences in military or family leave usage.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Williams, Nikema [D-GA-5]

Recent Actions

• 2025-01-28: Referred to the House Committee on Rules.
• 2025-01-28: Submitted in House

Bill Versions

• Legislative Proxy and Absence Accommodation Resolution — issued 2025-01-28 — PDF (15 pages)