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

<DOC>





                                                  House Calendar No. 78
116th CONGRESS
  2d Session
H. RES. 965

                          [Report No. 116-420]

Authorizing remote voting by proxy in the House of Representatives and 
  providing for official remote committee proceedings during a public 
  health emergency due to a novel coronavirus, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2020

Mr. McGovern submitted the following resolution; which was referred to 
                         the Committee on Rules

                              May 14, 2020

 Reported from the Committee on Rules; referred to the House Calendar 
                       and ordered to be printed

_______________________________________________________________________

                               RESOLUTION


 
Authorizing remote voting by proxy in the House of Representatives and 
  providing for official remote committee proceedings during a public 
  health emergency due to a novel coronavirus, and for other purposes.

    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.
                                                  House Calendar No. 78

116th CONGRESS

  2d Session

                              H. RES. 965

                          [Report No. 116-420]

_______________________________________________________________________

                               RESOLUTION

Authorizing remote voting by proxy in the House of Representatives and 
  providing for official remote committee proceedings during a public 
  health emergency due to a novel coronavirus, and for other purposes.

_______________________________________________________________________

                              May 14, 2020

        Referred to the House Calendar and ordered to be printed