[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 965 Engrossed in House (EH)]

<DOC>
H. Res. 965

                In the House of Representatives, U. S.,

                                                          May 15, 2020.
    Resolved,

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH 
              EMERGENCY DUE TO NOVEL CORONAVIRUS.

    (a) Authorization.--Notwithstanding rule III, at any time after the Speaker 
or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation 
with the Attending Physician, that a public health emergency due to a novel 
coronavirus is in effect, the Speaker or the Speaker's designee, in consultation 
with the Minority Leader or the Minority Leader's designee, may designate a 
period (hereafter in this resolution referred to as a ``covered period'') during 
which a Member who is designated by another Member as a proxy in accordance with 
section 2 may cast the vote of such other Member or record the presence of such 
other Member in the House.
    (b) Length of Covered Period.--
            (1) In general.--Except as provided in paragraphs (2) and (3), a 
        covered period shall terminate 45 days after the Speaker or the 
        Speaker's designee designates such period.
            (2) Extension.--If, during a covered period, the Speaker or the 
        Speaker's designee receives further notification from the Sergeant-at-
        Arms, in consultation with the Attending Physician, that the public 
        health emergency due to a novel coronavirus remains in effect, the 
        Speaker or the Speaker's designee, in consultation with the Minority 
        Leader or the Minority Leader's designee, may extend the covered period 
        for an additional 45 days.
            (3) Early termination.--If, during a covered period, the Speaker or 
        the Speaker's designee receives further notification by the Sergeant-at-
        Arms, in consultation with the Attending Physician, that the public 
        health emergency due to a novel coronavirus is no longer in effect, the 
        Speaker or the Speaker's designee shall terminate the covered period.

SEC. 2. PROCESS FOR DESIGNATION OF PROXIES.

    (a) In General.--
            (1) Designation by signed letter.--In order for a Member to 
        designate another Member as a proxy for purposes of section 1, the 
        Member shall submit to the Clerk a signed letter (which may be in 
        electronic form) specifying by name the Member who is designated for 
        such purposes.
            (2) Alteration or revocation of designation.--
                    (A) In general.--At any time after submitting a letter to 
                designate a proxy under paragraph (1), a Member may submit to 
                the Clerk a signed letter (which may be in electronic form) 
                altering or revoking the designation.
                    (B) Automatic revocation upon casting of vote or recording 
                of presence.--If during a covered period, a Member who has 
                designated another Member as a proxy under this section casts 
                the Member's own vote or records the Member's own presence in 
                the House, the Member shall be considered to have revoked the 
                designation of any proxy under this subsection with respect to 
                such covered period.
            (3) Notification.--Upon receipt of a letter submitted by a Member 
        pursuant to paragraphs (1) or (2), the Clerk shall notify the Speaker, 
        the majority leader, the Minority Leader, and the other Member or 
        Members involved of the designation, alteration, or revocation.
            (4) Limitation.--A Member may not be designated as a proxy under 
        this section for more than 10 Members concurrently.
    (b) Maintenance and Availability of List of Designations.--The Clerk shall 
maintain an updated list of the designations, alterations, and revocations 
submitted or in effect under subsection (a), and shall make such list publicly 
available in electronic form and available during any vote conducted pursuant to 
section 3.

SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS.

    (a) Recorded Votes Ordered.--
            (1) In general.--Notwithstanding clause 6 of rule I, during a 
        covered period, the yeas and nays shall be considered as ordered on any 
        vote on which a recorded vote or the yeas and nays are requested, or 
        which is objected to under clause 6 of rule XX.
            (2) Indications of proxy status.--In the case of a vote by 
        electronic device, a Member who casts a vote or records a presence as a 
        designated proxy for another Member under this resolution shall do so by 
        ballot card, indicating on the ballot card ``by proxy''.
    (b) Determination of Quorum.--Any Member whose vote is cast or whose 
presence is recorded by a designated proxy under this resolution shall be 
counted for the purpose of establishing a quorum under the rules of the House.
    (c) Instructions From Member Authorizing Proxy.--
            (1) Receiving instructions.--Prior to casting the vote or recording 
        the presence of another Member as a designated proxy under this 
        resolution, the Member shall obtain an exact instruction from the other 
        Member with respect to such vote or quorum call, in accordance with the 
        regulations referred to in section 6.
            (2) Announcing instructions.--Immediately prior to casting the vote 
        or recording the presence of another Member as a designated proxy under 
        this resolution, the Member shall seek recognition from the Chair to 
        announce the intended vote or recorded presence pursuant to the exact 
        instruction received from the other Member under paragraph (1).
            (3) Following instructions.--A Member casting the vote or recording 
        the presence of another Member as a designated proxy under this 
        resolution shall cast such vote or record such presence pursuant to the 
        exact instruction received from the other Member under paragraph (1).

SEC. 4. AUTHORIZING REMOTE PROCEEDINGS IN COMMITTEES.

    (a) Authorization.--During any covered period, and notwithstanding any rule 
of the House or its committees--
            (1) any committee may conduct proceedings remotely in accordance 
        with this section, and any such proceedings conducted remotely shall be 
        considered as official proceedings for all purposes in the House;
            (2) committee members may participate remotely during in-person 
        committee proceedings, and committees shall, to the greatest extent 
        practicable, ensure the ability of members to participate remotely;
            (3) committee members may cast a vote or record their presence while 
        participating remotely;
            (4) committee members participating remotely pursuant to this 
        section shall be counted for the purpose of establishing a quorum under 
        the rules of the House and the committee;
            (5) witnesses at committee proceedings may appear remotely;
            (6) committee proceedings conducted remotely are deemed to satisfy 
        the requirement of a ``place'' for purposes of clauses 2(g)(3) and 
        2(m)(1) of rule XI; and
            (7) reports of committees (including those filed as privileged) may 
        be delivered to the Clerk in electronic form, and written and signed 
        views under clause 2(l) of rule XI may be filed in electronic form with 
        the clerk of the committee.
    (b) Limitation on Business Meetings.--A committee shall not conduct a 
meeting remotely or permit remote participation at a meeting under this section 
until a member of the committee submits for printing in the Congressional Record 
a letter from a majority of the members of the committee notifying the Speaker 
that the requirements for conducting a meeting in the regulations referred to in 
subsection (h) have been met and that the committee is prepared to conduct a 
remote meeting and permit remote participation.
    (c) Remote Proceedings.--Notwithstanding any rule of the House or its 
committees, during proceedings conducted remotely pursuant to this section--
            (1) remote participation shall not be considered absence for 
        purposes of clause 5(c) of rule X or clause 2(d) of rule XI;
            (2) the chair may declare a recess subject to the call of the chair 
        at any time to address technical difficulties with respect to such 
        proceedings;
            (3) copies of motions, amendments, measures, or other documents 
        submitted to the committee in electronic form as prescribed by the 
        regulations referred to in subsection (h) shall satisfy any requirement 
        for the submission of printed or written documents under the rules of 
        the House or its committees;
            (4) the requirement that results of recorded votes be made available 
        by the committee in its offices pursuant to clause 2(e)(1)(B)(i) of rule 
        XI shall not apply;
            (5) a committee may manage the consideration of amendments pursuant 
        to the regulations referred to in subsection (h);
            (6) counsel shall be permitted to accompany witnesses at a remote 
        proceeding in accordance with the regulations referred to in subsection 
        (h); and
            (7) an oath may be administered to a witness remotely for purposes 
        of clause 2(m)(2) of rule XI.
    (d) Remote Participants During In-Person Proceedings.--All relevant 
provisions of this section and the regulations referred to in subsection (h) 
shall apply to committee members participating remotely during in-person 
committee proceedings held during any covered period.
    (e) Transparency for Meetings and Hearings.--Any committee meeting or 
hearing that is conducted remotely in accordance with the regulations referred 
to in subsection (h)--
            (1) shall be considered open to the public;
            (2) shall be deemed to have satisfied the requirement for non-
        participatory attendance under clause 2(g)(2)(C) of rule XI; and
            (3) shall be deemed to satisfy all requirements for broadcasting and 
        audio and visual coverage under rule V, clause 4 of rule XI, and 
        accompanying committee rules.
    (f) Subpoenas.--
            (1) Authority.--Any committee or chair thereof empowered to 
        authorize and issue subpoenas may authorize and issue subpoenas for 
        return at a hearing or deposition to be conducted remotely under this 
        section.
            (2) Use of electronic signature and seal.--During any covered 
        period, authorized and issued subpoenas may be signed in electronic 
        form; and the Clerk may attest and affix the seal of the House to such 
        subpoenas in electronic form.
    (g) Executive Sessions.--
            (1) Prohibition.--A committee may not conduct closed or executive 
        session proceedings remotely, and members may not participate remotely 
        in closed or executive session proceedings.
            (2) Motion to close proceedings.--Upon adoption of a motion to close 
        proceedings or to move into executive session with respect to a 
        proceeding conducted remotely under this section, the chair shall 
        declare the committee in recess subject to the call of the chair with 
        respect to such matter until it can reconvene in person.
            (3) Exception.--Paragraphs (1) and (2) do not apply to proceedings 
        of the Committee on Ethics.
    (h) Regulations.--This section shall be carried out in accordance with 
regulations submitted for printing in the Congressional Record by the chair of 
the Committee on Rules.
    (i) Application to Subcommittees and Select Committees.--For purposes of 
this section, the term ``committee'' or ``committees'' also includes a 
subcommittee and a select committee.

SEC. 5. STUDY AND CERTIFICATION OF FEASIBILITY OF REMOTE VOTING IN HOUSE.

    (a) Study and Certification.--The chair of the Committee on House 
Administration, in consultation with the ranking minority member, shall study 
the feasibility of using technology to conduct remote voting in the House, and 
shall provide certification to the House upon a determination that operable and 
secure technology exists to conduct remote voting in the House.
    (b) Regulations.--
            (1) Initial regulations.--On any legislative day that follows the 
        date on which the chair of the Committee on House Administration 
        provides the certification described in subsection (a), the chair of the 
        Committee on Rules, in consultation with the ranking minority member, 
        shall submit regulations for printing in the Congressional Record that 
        provide for the implementation of remote voting in the House.
            (2) Supplemental regulations.--At any time after submitting the 
        initial regulations under paragraph (1), the chair of the Committee on 
        Rules, in consultation with the ranking minority member, may submit 
        regulations to supplement the initial regulations submitted under such 
        paragraph for printing in the Congressional Record.
    (c) Implementation.--Notwithstanding any rule of the House, upon 
notification of the House by the Speaker after the submission of regulations by 
the chair of the Committee on Rules under subsection (b)--
            (1) Members may cast their votes or record their presence in the 
        House remotely during a covered period;
            (2) any Member whose vote is cast or whose presence is recorded 
        remotely under this section shall be counted for the purpose of 
        establishing a quorum under the rules of the House; and
            (3) the casting of votes and the recording of presence remotely 
        under this section shall be subject to the applicable regulations 
        submitted by the chair of the Committee on Rules under subsection (b).

SEC. 6. REGULATIONS.

    To the greatest extent practicable, sections 1, 2, and 3 of this resolution 
shall be carried out in accordance with regulations submitted for printing in 
the Congressional Record by the chair of the Committee on Rules.
            Attest:

                                                                          Clerk.