H.Con.Res. 5 — Legislative Proxy and Absence Accommodation Resolution

This section establishes the short title as the “Legislative Proxy and Absence Accommodation Resolution.”

This section permits a Member of the House of Representatives to designate another Member as a proxy for floor voting or quorum calls, and to participate remotely in committee proceedings, if the Member meets one of several specified grounds tied to the Family and Medical Leave Act of 1993 (FMLA) or other listed circumstances. As background, the FMLA generally entitles eligible employees to 12 workweeks of leave in a 12-month period for birth or placement of a child, care for a family member with a serious health condition, the employee’s own serious health condition, or certain military-related exigencies under 29 U.S.C. 2612(a)(1)(A)-(E). For proxy voting, the section allows a Member to designate a proxy if the Member: (1) has a qualifying FMLA-type reason under 29 U.S.C. 2612(a)(1)(A)-(E), with documentation required; (2) has an illness that would not qualify as a serious health condition under 29 U.S.C. 2612(a)(1)(D), limited to 7 days in a calendar year; (3) is summoned for jury service, with documentation required; (4) is absent because of the death of a family member, limited to 4 consecutive days; (5) is absent because of service in the uniformed services, limited to 15 days in a calendar year for active duty, active duty for training, and inactive duty training, or 22 days for State active duty in response to a national emergency or major disaster; or (6) is prevented from safely traveling to or working at the committee location because of an act of God, a terrorist attack, or another similar condition. The section requires the Clerk of the House to maintain and publicly post an updated electronic list of proxy designations, the number of days each Member used a proxy, and the grounds for the designation, and it provides that a Member whose vote is cast or presence is recorded by proxy counts toward a quorum. For committee proceedings, the section authorizes a Member meeting the same listed grounds to participate remotely during in-person committee proceedings, including by voting or recording presence remotely. It specifies that such remote participation is not treated as an absence for purposes of House attendance rules and that the Member counts toward a quorum for both the House and the committee.

This section permits Senators to designate proxies to cast votes or record their presence in the Senate, and to participate remotely in in-person committee proceedings, when specified grounds apply, including family and medical leave-type circumstances under 29 U.S.C. 2612(a)(1)(A) through (E), an illness that would not qualify as a serious health condition under 29 U.S.C. 2612(a)(1)(D), jury service, the death of a family member, military service, or an inability to safely travel or work because of an act of God, a terrorist attack, or another similar condition. It limits proxy or remote participation based on a Senator’s own illness to 7 days in a calendar year, based on a family member’s death to 4 consecutive days, and based on military service to 15 days in a calendar year for active duty, active duty for training, or inactive duty training, or to 22 days for State active duty in response to a national emergency or major disaster. It also requires the Secretary of the Senate to maintain and publicly post an updated electronic list of proxy designations and remote participation eligibility, including the number of days used and the grounds relied on.