PolicyBrief
H.CON.RES. 5
119th CongressJan 28th 2025
Legislative Proxy and Absence Accommodation Resolution
IN COMMITTEE

Allows members of the House and Senate to designate a proxy voter or attend committee proceedings remotely for specific reasons such as illness, family matters, jury duty, military service, or travel restrictions due to emergencies. Requires public record of proxy designations and remote participation.

Nikema Williams
D

Nikema Williams

Representative

GA-5

LEGISLATION

Congress OKs Proxy Voting, Remote Work for Members: New Rules Cover Illness, Family, and Travel Issues

The "Legislative Proxy and Absence Accommodation Resolution" lets House and Senate members vote by proxy and attend committee meetings remotely, but only under specific circumstances. Think of it like getting a hall pass for Congress – but with some pretty strict rules.

Showing Up Without Showing Up

This resolution is all about making sure Congress can still function even when members can't physically be in D.C. It acknowledges that life happens – people get sick, have family emergencies, or might even get called for jury duty. The bill lays out exactly when a member can designate someone else (another member) to vote on their behalf or participate remotely in committee proceedings. These include reasons covered by the Family and Medical Leave Act (SEC. 2 & 3), jury duty (SEC. 2 & 3), bereavement (SEC. 2 & 3), and even military service (SEC. 2 & 3). There's also a clause for situations where it's unsafe to travel due to things like a natural disaster or terrorist attack (SEC. 2 & 3). There is also a clause for an illness that wouldn't be considered a serious health condition under the Family and Medical Leave Act, but this is limited to 7 days per year (SEC. 2 & 3).

For example, if a Representative's child is seriously ill, they could use FMLA leave and designate a proxy to vote for them. Or, if a Senator is stuck in their home state because of a major blizzard, they could participate remotely. But, if a member just has a cold, they only get 7 days a year of remote access or proxy voting.

Keeping it Honest: The Transparency Part

To prevent abuse, the resolution requires full transparency. The Clerk of the House and the Secretary of the Senate will keep public, electronic lists of everyone using proxy voting or remote access, including the reasons why and for how long (SEC. 2 & 3). This means it's all out in the open – who's using the system and why. This is important, as it allows the public to hold their representatives accountable.

The Potential Downsides

While this resolution aims to make Congress more flexible and efficient, there are some potential hitches. What if someone stretches the definition of "inability to travel safely"? What if the 7-day limit for minor illnesses is misused? The bill relies on members being honest about their reasons, and the public record is the main check on that. The requirement for documentation for things like jury duty and military service helps, but there's still room for interpretation in some areas. It also raises the question of how effective remote participation really is compared to being there in person. Will important discussions and debates lose something when members aren't physically present?