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116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      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

                                _______
                                

May 14, 2020.--Referred to the House Calendar and ordered to be printed

                                _______
                                

              Mr. McGovern, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                       [To accompany H. Res. 965]

    The Committee on Rules to whom was referred the resolution 
(H. Res. 965) 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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Consideration..........................................     9
Committee Votes..................................................     9
Committee Oversight Findings and Recommendations.................    20
Performance Goals and Objectives.................................    20
Advisory Committee Statement.....................................    22
Section-by-Section Analysis of the Legislation...................    22
Changes in Existing House Rules Made by the Resolution, as 
  Reported.......................................................    25
Dissenting Views.................................................    26

                          PURPOSE AND SUMMARY

    This resolution authorizes remote voting by proxy in the 
House of Representatives, provides for official remote 
committee proceedings during a public health emergency due to a 
novel coronavirus, and directs a study and certification of 
remote technology to conduct remote voting in the House once 
such a system is operable and secure. The resolution authorizes 
the Speaker or her designee, in consultation with the Minority 
Leader or his designee, to establish a 45-day period during 
which a Member may authorize another Member to cast a vote on 
their behalf or record their presence in the House at any time 
that the Speaker is notified by the Sergeant-at-Arms, in 
consultation with the Attending Physician, of a public health 
emergency due to a novel coronavirus. This resolution lays out 
the procedures for a Member to authorize another Member to vote 
or record their presence on their behalf, to alter or revoke 
such authorization, and for voting in the House Chamber while 
this temporary system is in effect. The resolution further 
authorizes remote proceedings in committees during the 45-day 
covered period, for Members to participate remotely during such 
proceedings and to be counted for purposes of establishing a 
quorum, and any chair or committee empowered to issue and 
authorize subpoenas to do so for return at a hearing or 
deposition conducted remotely. The resolution provides 
procedures for conducting remote hearings and markups and 
requires committees to further conduct these proceedings in 
accordance with regulations submitted for printing in the 
Congressional Record by the chair of the Committee on Rules. 
The resolution directs the chair of the Committee on House 
Administration, in consultation with the ranking minority 
member, to study the feasibility of using technology to conduct 
remote voting in the House and to provide certification to the 
House upon a determination that such operable and secure 
technology exists. Finally, after such certification, the 
resolution provides that the chair of the Committee on Rules 
shall submit regulation in the Congressional Record and the 
Speaker is then authorized to notify the House that Members may 
cast their votes remotely during the public health emergency 
period covered by the resolution.

                  BACKGROUND AND NEED FOR LEGISLATION

COVID-19 pandemic

    On December 31, 2019, a new virus detected in Wuhan, China 
was first reported to the World Health Organization (WHO).\1\ 
By early March, the new virus had spread around the globe and 
the WHO officially declared the 2019 novel coronavirus, known 
as COVID-19, to be a pandemic.\2\
---------------------------------------------------------------------------
    \1\Rolling updates on coronavirus disease (COVID-19), World Health 
Organization, last visited April 20, 2020. https://www.who.int/
emergencies/diseases/novel-coronavirus-2019/events-as-they-happen.
    \2\Coronavirus: COVID-19 Is Now Officially A Pandemic, WHO Says, 
NPR, Mar. 11, 2020, https://www.npr.org/sections/goatsandsoda/2020/03/
11/814474930/coronavirus-covid-19-is-now-officially-a-pandemic-who-
says.
---------------------------------------------------------------------------
    On January 21, 2020, the Centers for Disease Control and 
Prevention (CDC) confirmed the first case of the novel 
coronavirus in the United States\3\ and on February 29, 2020, 
the first U.S. death from the virus was reported.\4\ Since that 
time, in the U.S. over 1,400,000 cases have been reported and 
over 80,000 people have died.\5\ These numbers continue to 
rise. Globally, over 4 million cases and 300,000 deaths have 
been reported.\6\
---------------------------------------------------------------------------
    \3\First Travel-related Case of 2019 Novel Coronavirus Detected in 
United States, Centers for Disease Control, Press Release, Jan. 21, 
2020, https://www.cdc.gov/media/releases/2020/p0121-novel-coronavirus-
travel-case.html.
    \4\CDC, Washington State Report First COVID-19 Death, Centers for 
Disease Control, Media Statement, Feb. 29, 2020, https://www.cdc.gov/
media/releases/2020/s0229-COVID-19-first-death.html.
    \5\Johns Hopkins University, Coronavirus Resource Center, https://
coronavirus.jhu.edu/us-map.
    \6\Id.
---------------------------------------------------------------------------
    In response to the pandemic outbreak in the U.S., most 
states and municipalities have taken action to slow the spread 
of the virus, including ordering the closing of nonessential 
businesses and issuing stay-at-home orders.\7\ At the federal 
level, the White House and the CDC have issued social 
distancing guidance and recommendations for a phased reopening 
of states when conditions improve.\8\ Currently, over twenty 
states, Washington, DC, Guam, and Puerto Rico have ongoing 
stay-at-home orders and about 60 percent of the population, or 
roughly 199 million Americans, are subject to stay-at-home 
restrictions.\9\
---------------------------------------------------------------------------
    \7\More states issue stay-at-home orders as coronavirus crisis 
escalates, Axios, Apr. 6, 2020, https://www.axios.com/states-shelter-
in-place-coronavirus-66e9987a-a674-42bc-8d3f-070a1c0ee1a9.html.
    \8\Guidelines: Opening Up America Again, https://
www.whitehouse.gov/openingamerica/.
    \9\A map of the US cities and states under lockdown--and those that 
are reopening, Business Insider, May 8, 2020, https://
www.businessinsider.com/us-map-stay-at-home-orders-lockdowns-2020-3.
---------------------------------------------------------------------------
    Ordering Americans to stay home and shuttering nonessential 
businesses, while necessary to slow the spread of the virus and 
prevent the outbreak from overwhelming the health care system, 
has resulted in an economic slowdown and an historic rise in 
unemployment. The current unemployment rate in the United 
States is estimated to be over 14 percent.\10\ More than 36 
million Americans have applied for unemployment.\11\ This 
economic crisis has fueled calls for states to begin easing 
restrictions to allow Americans to return to work. So far, over 
two dozen states have eased restrictions and allowed certain 
businesses to reopen.\12\ However, Dr. Anthony Fauci, the 
Director of the National Institute of Allergy and Infectious 
Diseases, testified before that Senate Committee on Health, 
Education, Labor and Pensions, warning that if states and 
cities reopen prematurely there is a risk of spreading the 
outbreak that ``will set you back, not only leading to some 
suffering and death that could be avoided but could even set 
you back on the road to try to get economic recovery.''\13\
---------------------------------------------------------------------------
    \10\Department of Labor, Labor Force Statistics from the Current 
Population Survey, https://data.bls.gov/timeseries/LNS14000000.
    \11\Unemployment Insurance Weekly Claims, News Release, May 14, 
2020, https://www.dol.gov/ui/data.pdf/.
    \12\Supra note 9.
    \13\Fauci tells Congress that states face serious consequences if 
they reopen too quickly, CNN, May 12, 2020, https://www.cnn.com/2020/
05/12/politics/anthony-fauci-congress-hearing/index.html.
---------------------------------------------------------------------------
    In response to this ongoing public health emergency and 
economic crisis, Congress has acted swiftly to get resources 
where they are needed most. Already, Congress has passed four 
bills that have been signed into law: the Coronavirus 
Preparedness and Response Supplemental Appropriations Act, the 
Families First Coronavirus Response Act, the Coronavirus Aid, 
Relief and Economic Security (CARES) Act, and the Paycheck 
Protection and Healthcare Enhancement Act. In part, these bills 
provide money for hospitals, establish a new loan program to 
encourage small businesses to keep workers on the payroll, and 
provide stimulus checks directly to Americans. These bills are 
just the first in what will be many steps Congress takes as the 
nation faces one of the most serious health and economic 
emergencies in over a century.

Government institutions begin to work remotely

    As social distancing and stay-at-home orders become the 
norm to slow the spread of this pandemic, government 
institutions in the United States, and throughout the world, 
have been forced to rethink how they operate, including 
establishing procedures to allow for remote voting to ensure 
they are able to pass legislation required to respond to the 
ongoing pandemic.
    For example, over a dozen state legislatures and the 
District of Columbia have instituted some form of remote voting 
for members during the COVID-19 pandemic. Arizona, California, 
Connecticut, the District of Columbia, Minnesota, New Jersey, 
New York, Oregon, South Dakota, Utah, Vermont, and Washington 
legislatures have established remote voting by telephone, video 
conference, or other electronic means. In addition, Arkansas, 
Kentucky, Oklahoma, and Pennsylvania have instituted remote 
voting via proxy for their members.
    Many other countries have also implemented remote voting in 
their legislatures, including Argentina, Azerbaijan, Brazil, 
China, Mexico, Norway, Philippines, Portugal, Romania, Spain, 
Taiwan, and the European Union Parliament. In addition, the 
legislatures of France and New Zealand have utilized remote 
voting by proxy during this pandemic.
    Legislatures are not the only branches of government 
looking to adopt remote proceedings to continue operations 
during the pandemic. The U.S. judicial system has also had to 
revamp how it operates. ``Federal circuit, district, and 
bankruptcy courts are utilizing multiple audio and video 
conferencing technologies to host oral arguments, initial 
appearances, preliminary hearings, arraignments, misdemeanor 
sentencings, and other procedures remotely.''\14\ The National 
Center for State Courts has recommended that state courts 
restrict or end jury trials, generally suspend in-person 
proceedings, and encourage or require teleconference and 
videoconferences in lieu of hearings.\15\ In response, most 
state courts have instituted such restrictions.\16\ Notably, 
for the first time in its history, the United States Supreme 
Court began hearing oral arguments by telephone in May.\17\
---------------------------------------------------------------------------
    \14\Courts Deliver Justice Virtually Amid Coronavirus Outbreak, 
U.S. Courts, Apr. 8, 2020, https://www.uscourts.gov/news/2020/04/08/
courts-deliver-justice-virtually-amid-coronavirus-outbreak.
    \15\ Coronavirus and the courts, National Center for State Courts, 
https://www.ncsc.org/pandemic.
    \16\ Id.
    \17\The Supreme Court Will Hear Arguments by Phone. The Public Can 
Listen In, NY Times, Apr. 13, 2020. https://www.nytimes.com/2020/04/13/
us/politics/supreme-court-phone-arguments-virus.html.
---------------------------------------------------------------------------

House of Representatives' voting options during a pandemic

    The pandemic is having a ripple effect across the United 
States, impacting the lives and livelihoods of people in every 
Congressional district. This is true for the Members 
representing those districts as well. The operations of the 
House of Representatives have been affected by social 
distancing, isolation, and stay-at-home orders that have 
captured every corner of the nation, making travel to, and 
physical attendance in, the House Chamber difficult. Since the 
start of this pandemic, numerous Members of Congress have 
tested positive for COVID-19 or have been forced to quarantine 
after exposure to the virus.
    With the House needing to vote on critical legislation to 
respond to the pandemic, while at the same time being faced 
with the prospect that many Members may not be able to leave 
isolation or travel during the pandemic, on March 23, 2020, the 
House Committee on Rules Majority Staff released a report 
entitled ``Majority Staff Report Examining Voting Options 
During the COVID-19 Pandemic.''\18\ The report explored a 
number of voting options and outlined several factors to be 
considered before any remote voting plan can be adopted in 
response to the limitations presented by the virus. The report 
identified currently available voting options, including 
passing legislation by unanimous consent, requiring Members to 
return to the Capitol to take recorded votes while maintaining 
social distancing, employing paired voting, and utilizing a 
provisional quorum. The report also explored the potential to 
provide for new rules to allow for enhanced unanimous consent 
(increasing the number of Members required to object to a 
unanimous consent agreement), proxy voting, and remote voting.
---------------------------------------------------------------------------
    \18\Majority Staff Report Examining Voting Options During the 
COVID-19 Pandemic. Available at: https://rules.house.gov/sites/
democrats.rules.house.gov/files/StaffReport_VotingOptions .pdf.
---------------------------------------------------------------------------
    While every option presented unique advantages and 
disadvantages, the report concluded that ``[t]here is currently 
no perfect solution to allow absent Members to vote on the 
floor. However, proxy voting is likely the best of the options 
available under the circumstances.''\19\
---------------------------------------------------------------------------
    \19\Id. at 5.
---------------------------------------------------------------------------
    In addition to the Committee on Rules Majority Staff report 
analyzing voting options, on April 22, the Virtual Congress 
Task Force was formed.\20\ This bipartisan Task Force, 
comprised of the Majority and Minority Leaders, as well as the 
Chairs and Ranking Members of the Committee on Rules and the 
Committee on House Administration, examined ways Congress could 
better adapt to emergencies like the coronavirus pandemic. This 
examination, comprised of several meetings and discussions, 
included not just remote voting options, but also remote 
committee proceedings and the technology involved.
---------------------------------------------------------------------------
    \20\ Chairman McGovern Releases Statement on Bipartisan Task Force, 
Press Release, Apr. 22, 2020, https://rules.house.gov/press-releases/
chairman-mcgovern-releases-statement-bipartisan-task-force.
---------------------------------------------------------------------------

Temporary remote voting by proxy during the pandemic

    Based on the findings of the March 23 report, the work of 
the Virtual Congress Task Force, and after consultation with 
Members and outside experts, Rules Committee Chairman McGovern 
introduced H. Res. 965, providing for a temporary voting system 
permitting Members of the House of Representatives to vote 
remotely by proxy during the COVID-19 pandemic. Pursuant to 
this resolution, any Member could provide specific instructions 
for each vote to a fellow Member who is present in the chamber 
and has been authorized to cast those votes on their behalf. A 
Member casting a vote on behalf of another Member would be 
required to have exact direction from the Member granting proxy 
on how to vote and would have to follow that direction. There 
would be no ability to grant a general proxy. Members granting 
proxy would have to direct each and every vote, with the Member 
casting the proxy vote acting more as a voting machine under 
the direction of the Member granting proxy. In short, this 
resolution calls for temporary, low-tech remote voting.
    Importantly, proxy voting is not a novel concept in 
Congress. The House permitted proxy voting in its committees 
for many decades and the Senate still permits it in its 
committees today. This resolution authorizes remote voting by 
proxy that provides for a minimal and ministerial type of 
delegation on the part of the Member granting proxy. Compared 
to other remote voting proposals, this more conservative option 
will allow Members to vote remotely by proxy in a secure way 
and provides Members an opportunity to vote on critical COVID-
19 response legislation much more quickly.

Constitutionality of remote voting by proxy

    The Constitution explicitly grants the House and Senate the 
authority to make their own ``Rules of Proceedings.''\21\ In 
addition, the Supreme Court has twice, in cases from the 1890s, 
issued opinions that provide solid grounds to believe that the 
House's establishment of remote voting rules is consistent with 
its constitutional authority.
---------------------------------------------------------------------------
    \21\ Art. I, Sec. 5, Cl. 2.
---------------------------------------------------------------------------
    In Field v. Clark, 143 U.S. 649 (1892), the Supreme Court 
ruled that challenges to the internal operation of Congress are 
not justiciable in the federal courts.\22\ In United States v. 
Ballin, 144 U.S. 1 (1892), the Court found that, while the 
Constitution requires the presence of a majority--or quorum--of 
the House to do business, the Constitution also leaves it to 
the House to determine its own rules.\23\ The Court in Ballin 
went on to say:
---------------------------------------------------------------------------
    \22\ 143 U.S. 649 (1892).
    \23\144 U.S. 1,5 (1892).

          [Congress] may not by its rules ignore constitutional 
        restraints or violate fundamental rights, and there 
        should be a reasonable relation between the mode or 
        method of proceeding established by the rule and the 
        result which is sought to be attained. But within these 
        limitations, all matters of method are open to the 
        determination of the house, and it is no impeachment of 
        the rule to say that some other way would be better, 
        more accurate, or even more just. It is no objection to 
        the validity of a rule that a different one has been 
        prescribed and in force for a length of time. The power 
        to make rules is not one which once exercised is 
        exhausted. It is a continuous power, always subject to 
        be exercised by the house, and, within the limitations 
        suggested, absolute and beyond the challenge of any 
        other body or tribunal.\24\
---------------------------------------------------------------------------
    \24\Id at 5.

    Any constitutional analysis should also examine the 
rationale and context in which the House is utilizing its 
expansive rulemaking authority to consider and implement H. 
Res. 965. This resolution allowing for remote voting by proxy 
is temporary and will operate only while there is a very 
significant risk to public health. Arguably, not establishing 
such a remote voting rule itself represents a risk to public 
health and safety. If Members must travel to vote in the House 
Chamber it is not just themselves who are put in danger--their 
families, their staffs, and all of the people they encounter--
are unnecessarily endangered as well. In other words, the 
remote voting by proxy plan established by H. Res. 965 does not 
simply ensure the safety of the Members voting--it acts to 
safeguard all the people with whom they have contact, both 
during and after their travel. Such travel risks presented by 
unnecessary travel is precisely why virtually all state 
governors have implemented orders against non-essential 
movement and interaction among the general populace; these 
public safety policies make no less sense when they are applied 
as well to Members of Congress.
    Simply put, as Erwin Chemerinsky, the renowned 
constitutional scholar and Dean of the University of 
California, Berkeley School of Law, has written, ``[t]he 
Constitution bestows on each House of Congress broad discretion 
to determine the rules for its own proceedings . . . This 
authority is expansive and would include the ability to adopt a 
rule to permit proxy voting. Nothing in the Constitution 
specifies otherwise.''\25\
---------------------------------------------------------------------------
    \25\ Letter from Dean Chemerinsky to Chairman McGovern. May 13, 
2020 (on file with the Committee).
---------------------------------------------------------------------------
    Given this analysis, remote voting by proxy is likely to 
withstand constitutional scrutiny.

Study, determination, and certification of additional remote voting 
        technology

    Remote voting by proxy is a necessary and immediately 
feasible low-tech option allowing Members who are unable to be 
in the House Chamber due to this pandemic to have their vote 
cast by a Member who can be present. However, the immediate 
feasibility of remote proxy voting does not mean that it 
necessarily represents the final stage in remote voting. Remote 
proxy voting is a good first step, but it still requires that 
some Members must be present in the Chamber. As this pandemic 
evolves, such presence--even by a small number of Members--may 
not be feasible due to potentially worsening public health 
concerns. Scientists have predicted that a second wave of the 
virus could severely impact our nation in the coming months. 
Robert Redfield, Director of the Centers for Diseases Control 
and Prevention, said last month, ``There's a possibility that 
the assault of the virus on our nation next winter will 
actually be even more difficult than the one we just went 
through.''\26\ Therefore, adopting additional remote voting 
procedures incorporating more advanced technology may not only 
be warranted, it may be required.
---------------------------------------------------------------------------
    \26\ CDC director warns second wave of coronavirus is likely to be 
even more devastating, Wash. Post, Apr. 21, 2020, https://
www.washingtonpost.com/health/2020/04/21/coronavirus-secondwave-
cdcdirector/.
---------------------------------------------------------------------------
    To ensure that the House is fully prepared to operate under 
such a scenario, H. Res. 965 directs the chair of the Committee 
on House Administration, in consultation with the ranking 
minority member, to study the feasibility of using technology 
to conduct remote voting in the House and to provide 
certification to the House upon a determination that such 
operable and secure technology exists. After the certification, 
the Chair of the Rules Committee is directed to issue 
regulations on the implementation of remote voting and the 
Speaker is then authorized to notify the House that Members may 
cast their votes remotely during this public health emergency. 
By directing the study of remote voting technology, and then 
laying out a procedure by which such technology may be 
implemented, H. Res. 965 provides the House with the tools to 
begin voting entirely remotely should the need arise.
    Failure to adequately study and prepare to execute the use 
of more advanced technology to vote entirely remotely during 
this crisis would not only hinder the House from operating 
should the situation deteriorate further.

Official remote committee hearings and markups

    With trillions of taxpayer dollars being appropriated to 
combat this virus, new programs being established to aid 
workers and small businesses, and the Trump Administration 
attempting to address the pandemic, the American people 
deserve, and the Constitution requires, that the People's 
representatives conduct oversight into our nation's response. 
That means conducting oversight hearings.
    Additionally, while Congress works to respond to this 
pandemic, other vitally important business impacting the United 
States, such as funding the government and providing for the 
national defense, continues to require the House's attention. 
That means conducting markups on these critical pieces of 
legislation.
    While hearings and markups have typically been held in-
person, just as with remote voting, there is no constitutional 
requirement to do so--and our nation is dealing with anything 
but typical circumstances. The same public health concerns that 
make it extremely difficult, if not impossible, for Members to 
travel to the Capitol to vote are likewise present as an 
obstacle to conducting in-person hearings and markups.
    Failing to hold these committee proceedings is not an 
option. Just as the millions of Americans have begun utilizing 
technology such a videoconferencing to work remotely in 
response to widespread stay-at-home orders, the work of the 
People's House cannot be shuttered in a time of crisis. 
Therefore, in addition to putting in place a system of 
temporary remote proxy voting and authorizing the study, 
certification, and implementation of technology to further 
facilitate remote voting, this resolution also provides for the 
ability of House committees to operate official proceedings 
remotely.
    Importantly, in preparation for holding these virtual 
official proceedings, a number of committees have already held 
virtual forums and briefings using videoconference technology. 
For example:
           The Veterans Affairs Committee held a full 
        committee, bipartisan virtual forum on homelessness 
        among veterans.
           The Small Business Committee held a full 
        committee, bipartisan virtual forum on the 
        implementation of the CARES Act.
           The Foreign Affairs Committee held a full 
        committee, bipartisan virtual briefing on 
        authoritarianism, disinformation, and good governance 
        with former Secretary of State Madeleine Albright and 
        other experts.
           The Education and Labor Committee held a 
        full committee, bipartisan virtual forum on responding 
        to the pandemic.
           The Homeland Security Committee has held 
        seven virtual forums to hear from a range of experts, 
        including former FEMA Administrator Craig Fugate and 
        former Homeland Security Secretary Jeh Johnson.
           The Natural Resources Committee has 
        livestreamed four forums on the coronavirus pandemic, 
        including the impact on longstanding environmental and 
        economic inequalities in our country and the federal 
        response to coronavirus in the U.S. territories.
    Building on the lessons learned from these informal 
proceedings, H. Res. 965 authorizes committees to begin holding 
remote official proceedings, including hearings, markups, and 
depositions. Allowing for these important official proceedings 
to be conducted remotely ensures that the Legislative Branch 
can continue to operate fully on behalf of the American people 
during this public health crisis.

Conclusion

    The United States is facing the worst pandemic since the 
Spanish Influenza of 1918. With over a million reported cases, 
tens of thousands of lives lost, and tens of millions of 
Americans unemployed and struggling to make ends meet, the 
House of Representatives must continue operating to address the 
needs of the nation during this crisis. This means that, within 
the authority granted to it by the Constitution, the House must 
establish procedures to enable the People's representatives to 
pass critical relief legislation and to conduct oversight of 
our nation's response to this virus. The temporary remote 
voting by proxy plan, procedures for remote official committee 
proceedings, and study of the feasibility of technology to 
facilitate further remote voting by Members laid out in this 
resolution achieves these goals.

                        COMMITTEE CONSIDERATION

    The Committee on Rules met on May 14, 2020, in open session 
and ordered H. Res. 965 favorably reported to the House by a 
record vote of 8 yeas and 4 nays, a quorum being present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report the legislation and amendments thereto. 
A motion by Mr. McGovern to report the resolution to the House 
with a favorable recommendation was agreed to by a record vote 
of 8 yeas and 4 nays, a quorum being present. The names of 
Members voting for and against follow:

Rules Committee record vote No. 303

    Date: May 14, 2020
    Motion to order H. Res. 965 reported favorably to the 
House. Agreed to: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mrs. Lesko........................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Ms. Matsui......................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

    The committee also considered the following amendments on 
which record votes were requested. The names of Members voting 
for and against follow:

Rules Committee record vote No. 271

    Date: May 14, 2020
    Amendment (no. 1) offered by Mr. Woodall to ensure the 
resolution doesn't go into effect until the Clerk of the House 
certifies that a system is in place for the secure receipt and 
validation of the designation of proxies by Members under this 
resolution. Defeated: 4-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................  ............
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................  ............
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 272

    Date: May 14, 2020
    Amendment (no. 2) offered by Mr. Cole to require the 
concurrence of the Minority Leader to designate a covered 
period. Defeated: 4-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................  ............
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 273

    Date: May 14, 2020.
    Amendment (no. 3) offered by Mr. Cole to sunset the covered 
period on June 30, 2020. The amendment also requires a two-
thirds vote to extend the covered period beyond June 30, 2020. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 274

    Date: May 14, 2020
    Amendment (no. 4) offered by Mr. Woodall to strike the 
provisions allowing Members to record the presence of other 
Members who designated them as their proxy. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 275

    Date: May 14, 2020
    Amendment (no. 5) offered by Mr. Woodall to require a 
report by the General Counsel on defedning proxy voting against 
claims of unconstitutionality. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 276

    Date: May 14, 2020
    Amendment (no. 6) offered by Mr. Burgess to require the 
Committee on House Administration to submit a report analyzing 
the accuracy and integrity of the votes cast by Members in the 
House, including the votes cast by designated proxies under 
this resolution, and shall include in the report a description 
of any errors in the votes cast by designated proxies under 
this resolution. The Committee on House Administration shall 
submit this report not later than 30 days after the end of the 
year. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 277

    Date: May 14, 2020
    Amendment (no. 7) offered by Mr. Cole to limit measures for 
which votes may be cast or presence recorded by proxy to 
measures designated by the Speaker or her designee, in 
consultation with the Minority Leader or his designee, as a 
response to the COVID-19 pandemic; any vote related to a 
question of the privileges of the House under rule IX; any vote 
on a question unrelated to a specific measure or matter; or a 
quorum call. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 278

    Date: May 14, 2020
    Amendment (no. 8) offered by Mr. Woodall to prohibit a 
Member from casting the vote or recording the presence of 
another Member as a designated proxy with respect to any bill 
or resolution considered under the suspension of the rules, 
unless the bill or resolution is designated by the Speaker or 
her designee, in consultation with the Minority Leader or his 
designee, as a response to the COVID-19 pandemic. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 279

    Date: May 14, 2020
    Amendment (no. 9) offered by Mr. Cole to prohibit a Member 
from casting a vote or recording the presence of another Member 
as a designated proxy under this resolution with respect to any 
bill or resolution which has not been reported by a committee 
of the House. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee Record Vote No. 280

    Date: May 14, 2020
    Amendment (no. 10) offered by Mrs. Lesko to prohibit a 
Member from casting the vote or recording the presence of 
another Member as a designated proxy under this resolution with 
respect to any bill or resolution relating to impeachment, 
censure, or contempt. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 281

    Date: May 14, 2020
    Amendment (no. 11) offered by Mrs. Lesko to require the 
Committee on House Administration to reduce the amount 
available under the Members' Representational Allowance by the 
amount which would have been paid from the Allowance for the 
Member's travel expenses if the Member casts a vote or records 
the presence of another Member by proxy or attends a proceeding 
remotely at any time during that fiscal year. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 282

    Date: May 14, 2020
    Amendment (no. 13) offered by Mr. Cole to require the 
regulations under Section 6 in the resolution to include a 
requirement that, not later than 24 hours prior to the vote or 
quorum call involved, the Speaker notify Members that votes may 
be cast or presence may be recorded by designated proxies. The 
amendment also requires that these regulations include the 
establishment of minimum periods of time for the casting of 
votes and the recording of presence by designated proxies, and 
a requirement for the use of contingency plans which may be 
implemented in the event of failure of any technology to carry 
out sections 1, 2, or 3. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 283

    Date: May 14, 2020
    Amendment (no. 14) offered by Mrs. Lesko to limit the 
number of proxies any Member can hold to two. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 284

    Date: May 14, 2020
    Amendment (no. 15) offered by Mrs. Lesko to strike section 
4 of this resolution, authorizing remote proceedings in 
committees. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 285

    Date: May 14, 2020
    Amendment (no. 16) offered by Mrs. Lesko to exclude the 
Committee on Ethics and the Permanent Select Committee on 
Intelligence from the provisions authorizing remote proceedings 
in committees. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 286

    Date: May 14, 2020
    Amendment (no. 17) offered by Mr. Cole to prohibit 
committee members from recording their presence remotely. 
Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 287

    Date: May 14, 2020
    Amendment (no. 18) offered by Mr. Cole to strike ``to the 
greatest extent practicable'' in the provision requiring 
committees to ensure the ability of members to participate 
remotely to the greatest extent practicable. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 288

    Date: May 14, 2020
    Amendment (no. 19) offered by Mrs. Lesko to ensure the 
guidance referenced in section 4(h) outlines how the committee 
intends to address specific time zones of members; how the 
committee intends to address technological limitations that may 
exist that preclude members from full participation in remote 
sessions; rules on decorum including attire and how the chair 
would handle witnesses and members who go over their time 
limit, and the muting of member microphones; and how the chair 
plans to control platform access, including providing the 
ranking member a list of those with participatory access to the 
platform 24-hours in advance of the scheduled committee 
meeting. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 289

    Date: May 14, 2020
    Amendment (no. 20) offered by Mrs. Lesko to prohibit a 
committee from conducting a markup remotely. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 290

    Date: May 14, 2020
    Amendment (no. 21) offered by Mrs. Lesko to prohibit a 
committee from taking depositions remotely. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 291

    Date: May 14, 2020
    Amendment (no. 22) offered by Mr. Cole to create a point of 
order against consideration of legislation reported by a 
committee under any remote proceeding if the committee in 
marking up or reporting the legislation violated any rule of 
the House, the committee, or any provision of this resolution. 
It shall not be in order to consider a rule or order that 
waives the application of this point of order. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 292

    Date: May 14, 2020
    Amendment (no. 23) offered by Mr. Cole to require in the 
regulations referenced in section 4(h) that the chair of a 
committee wishing to conduct remote proceedings publish 
guidance in the Congressional Record on how the chair intends 
to authenticate and validate member participation. Defeated: 3-
8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee Record Vote No. 293

    Date: May 14, 2020
    Amendment (no. 24) offered by Mr. Woodall to require that 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
members of the committee have the right to offer a motion to 
adjourn and have the right to offer a motion to postpone 
consideration. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee Record Vote No. 294

    Date: May 14, 2020
    Amendment (no. 25) offered by Mr. Woodall to require that 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
members of the committee have the right to demand words be 
taken down. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................  ............  Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 295

    Date: May 14, 2020
    Amendment (no. 26) offered by Mr. Woodall to require that 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
there is 7-day notice before any hearing and 24-hour 
availability of such text of any matter to be considered by the 
committee. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 296

    Date: May 14, 2020
    Amendment (no. 27) offered by Mr. Woodall to require that, 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
members of the committee shall have the right to offer motions 
to appeal the ruling of the chair. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 297

    Date: May 14, 2020
    Amendment (no. 28) offered by Mr. Woodall to require that 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
members of the committee have the right to offer second degree 
amendments, but may not require the pre-filing of amendments. 
Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee Record Vote No. 298

    Date: May 14, 2020
    Amendment (no. 30) offered by Mrs. Lesko to require the 
chair to notify the Members of the committee of the 
circumstances which required a recess to be declared within 24 
hours of recessing committee proceedings. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee Record Vote No. 299

    Date: May 14, 2020
    Amendment (no. 31) offered by Mr. Woodall to require that 
under the regulations referenced in section 4(h), the chair of 
a committee conducting proceedings remotely shall ensure that 
Members have access to dedicated technical support from the 
Chief Administrative Officer during the proceedings. Defeated: 
3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 300

    Date: May 14, 2020
    Amendment (no. 32) offered by Mr. Cole to require 
committees to include in any report filed with the House with 
respect to any proceeding conducted remotely a description of 
any issues arising from conducting the proceeding remotely. 
Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 301

    Date: May 14, 2020
    Amendment (no. 33) offered by Mrs. Lesko to prohibit any 
committees from conducting remote proceedings until the 
Committee on House Administration has submitted to the House a 
plan under which committees will be able to make greater use of 
other facilities in the United States Capitol Complex to 
conduct hearings and markups in person. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 302

    Date: May 14, 2020
    Amendment (no. 34) offered by Mr. Woodall to amend section 
5 to only require the chair of the Committee on House 
Administration, in consultation with the ranking minority 
member, to study the feasibility of using technology to conduct 
remote voting in the House. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Ms. Matsui......................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
Committee made oversight findings and recommendations that are 
reflected in this report.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee establishes the 
following performance related goals and objectives for this 
legislation:
    This resolution authorizes remote voting by proxy in the 
House of Representatives, provides for official remote 
committee proceedings during a public health emergency due to a 
novel coronavirus, and directs a study and certification of 
remote technology to conduct remote voting in the House once 
such a system is operable and secure. In doing so, this 
resolution ensures that the House can function to its full 
constitutional and legislative ability while taking the 
necessary precautions to protect against the public health 
threat posed by a novel coronavirus. The resolution also 
emphasizes that the authority for Members to remote vote by 
proxy and for committees to conduct remote proceedings is 
temporary and limited to addressing the current public health 
crisis. The resolution authorizes the Speaker or her designee, 
in consultation with the Minority Leader or his designee, to 
establish a 45-day period during which a Member may authorize 
another Member to cast a vote on their behalf or record their 
presence in the House at any time that the Speaker is notified 
by the Sergeant-at-Arms, in consultation with the Attending 
Physician, of a pandemic emergency due to a novel coronavirus. 
But also, the resolution provides that if during that 45-day 
period, the Speaker or her designee receive 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, then the ability of a 
Member to vote or record their presence remotely by proxy is 
terminated as well as the authorization for remote committee 
proceedings.
    To ensure that Members' votes are cast accurately, the 
resolution lays out the procedures for a Member to authorize 
another Member to vote or record their presence on their 
behalf, to alter or revoke such authorization, and on voting in 
the House Chamber while this temporary voting system is in 
effect. Importantly, prior to casting a vote, a Member 
designated as a proxy must obtain exact instruction from the 
Member wishing to vote remotely by proxy. A Member whose vote 
is cast or whose presence is recorded by a designated proxy 
shall be counted for the purpose of establishing a quorum. The 
resolution also clarifies that if a Member has designated 
another Member as their proxy, but the Member granting proxy 
then casts their own vote in person, that Member shall be 
considered to have revoked their proxy designation.
    The resolution further authorizes remote proceedings in 
committees during the 45-day covered period, for Members to 
participate remotely during such proceedings and to be counted 
for purposes of establishing a quorum, and any chair or 
committee empowered to issue and authorize subpoenas to do so 
for return at a hearing or deposition conducted remotely. The 
resolution authorizes committees to hold official hearings, 
markups, and depositions remotely. Like the authorization 
allowing for remote proxy voting during the covered period, if 
during that 45-day period, the Speaker or her designee receive 
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, then the 
ability of committees to hold remote official proceedings is 
also terminated. This temporary authorization during a pandemic 
will allow committees to consider important legislation as well 
as conduct their constitutional oversight duties.
    Finally, the resolution directs the chair of the Committee 
on House Administration, in consultation with the ranking 
minority member, to study the feasibility of using technology 
to conduct remote voting in the House and to provide 
certification to the House upon a determination that such 
operable and secure technology exists; after such certification 
the chair of the Committee on Rules shall submit regulations in 
the Congressional Record and the Speaker is then authorized to 
notify the House that Members may cast their votes remotely 
during the public health emergency period covered by the 
resolution. This study, determination, certification, and 
implementation of remote voting technology ensures that were 
the pandemic situation to further deteriorate, making even a 
limited presence of Members in the House Chamber extremely 
difficult, the House will still be able to vote on critical 
legislation.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                      SECTION-BY-SECTION ANALYSIS

Section 1: Authorization and time period for remote voting by proxy

    Authorization--Authorizes the Speaker, in consultation with 
the Minority Leader, to designate a 45-day period during which 
Members may vote or record their presence remotely by proxy in 
the House (not the Committee of the Whole), after the Speaker 
receives notification from the Sergeant-at-Arms, in 
consultation with the Attending Physician, that a pandemic 
emergency due to a novel coronavirus is in effect.
    Extension--Allows the Speaker, in consultation with the 
Minority Leader, to extend the authority for an additional 45 
days if the Sergeant-at-Arms, in consultation with the 
Attending Physician, notifies the Speaker that the public 
health emergency due to a novel coronavirus remains in effect.
    Early termination--Terminates the 45-day period early if 
the Speaker is further notified by the Sergeant-at-Arms, in 
consultation with the Attending Physician, that the pandemic 
emergency due to a novel coronavirus is no longer in effect.

Section 2: Designating proxies

    Signed letter--Requires a signed letter submitted to the 
Clerk from any Member who wishes to vote by proxy naming the 
Member who is authorized to serve as their proxy. The letter 
may be submitted in electronic form, including email. This 
letter will be used by the Clerk to certify that a Member 
serving as proxy has the authority to cast votes on behalf of 
the Member voting remotely by proxy. It is the responsibility 
of the Members involved to ensure that separately provided 
voting instruction, detailed below, is followed.
    Altering or revoking proxy--Allows Members to submit 
further signed letters to the Clerk to alter or revoke their 
proxy, and automatically revokes the proxy designation if a 
Member votes in-person. These further letters may also be 
submitted in electronic form, including email.
    Notification--Requires the Clerk to notify the Speaker, 
Majority Leader, Minority Leader, and the Member designated 
(and in the case of an alteration, the Member formerly 
designated) as proxy of any designation, alteration, or 
revocation of proxy.
    Proxy designation limitation--Limits the number of proxy 
designations a Member may hold to 10 at a time.
    List of proxy designations--Requires the Clerk to maintain 
and keep updated a list of all proxy designations, alterations, 
and revocations and to make that list publicly available 
electronically, including available during any vote.

Section 3: Voting process

    Yeas and nays--Provides that if a Member requests the yeas 
and nays, a recorded vote, or makes a point of no quorum under 
clause 6 of rule XX, the yeas and nays will be considered as 
ordered (rather than the chair first determining there is 
sufficient support), preventing the need for large numbers of 
Members to gather in the chamber to ensure a sufficient number 
to support their request.
    Indicating proxy status--Requires Members who cast votes on 
behalf of another Member to indicate that the vote is ``by 
proxy'' on a ballot card.
    Quorum--Provides that a Member whose votes are cast by 
proxy are counted for the purpose of establishing a quorum in 
the House.
    Proxy vote instructions--Requires that a Member voting on 
behalf of another Member obtain an exact instruction with 
respect to the specific vote or quorum call, to cast that vote 
pursuant to that instruction, and is required to seek 
recognition from the Chair to announce the exact instruction 
they received. If a Member casting a proxy vote does not 
receive instructions from the Member granting the proxy then 
that Member may not cast the vote.

Section 4: Remote committee proceedings

    Authorization--Provides that during the 45-day period 
designated by the Speaker under section 1, notwithstanding any 
rule of the House or its committees, committees may conduct 
proceedings (hearings, markups, or any other official business) 
remotely pursuant to the provisions of section 4 and the 
regulations authorized by section 4, and those proceedings will 
be considered as official proceedings. This authorization does 
not prevent committees from being able to use official 
resources to hold unofficial remote forums and roundtables.
    Remote participation--Allows committee Members to 
participate remotely during in-person committee proceedings and 
state that the committee must, to the greatest extent 
practicable, ensure that Members can participate remotely. This 
authorization does not mean that a committee is prohibited from 
holding a remote proceeding unless all Members are able to 
participate remotely or that a committee is required to procure 
technology for members to participate remotely. Instead, it 
requires committees to provide Members who wish to participate 
remotely the opportunity to do so, but anticipates that in rare 
circumstances technological issues may prevent committees from 
ensuring remote participation.
    Voting--Provides that committee Members may vote or record 
their presence remotely.
    Quorum--Provides that committee Members participating 
remotely shall be counted for the purposes of establishing a 
quorum.
    Witnesses--Allows witnesses to appear remotely.
    Designating ``place''--Allows the committee chair to 
designate the ``place'' of a committee proceeding, satisfying 
the requirement of clauses 2(g)(3) and 2(m)(1) of rule XI, as 
being conducted remotely.
    Committee reports--Allows that reports of committees 
(including those filed as privileged) may be delivered to the 
Clerk in electronic form and written and signed supplemental, 
additional, and dissenting views may also be filed in 
electronic form with the clerk of the committee.
    Limitations on business meetings--Requires that before a 
committee holds a business meeting remotely or permits remote 
participation in a business meeting for the first time, a 
majority member of a committee must first submit a letter 
signed by a majority of the members of the committee for 
printing in the Congressional Record notifying the Speaker that 
the committee has complied with regulations for remote 
committee proceedings submitted for printing in the 
Congressional Record by the Rules Committee chair referenced in 
subsection (h) and that the committee is prepared to conduct a 
remote business meeting and permit remote participation during 
that meeting. Importantly, ensuring members can participate 
remotely pursuant to section 4(a)(2) does not mean that 
committees must allow remote participation in a markup if they 
have not completed the requirements found in the regulations 
referenced in subsection (h).
    Remote proceedings--Provides that remote participants shall 
not be considered absent; that during remote committee 
proceedings the chair may declare a recess to address any 
technical difficulties; and that the requirement that the 
result of any recorded vote be made available by the committee 
in its offices (clause 2(e)(1)(B)(i) of rule XI) shall not 
apply.
    Submitted or written documents--Allows for copies of 
motions, amendments, measures, or other documents submitted to 
the committee electronically pursuant to the regulations 
referred to in subsection (h) to satisfy any submission 
requirement for such documents under the rules of the House or 
its committees.
    Amendment consideration--Provides that during a remote 
business meeting the committee may manage the consideration of 
amendments pursuant to regulations referred to in subsection 
(h).
    Witness counsel--Permits the attendance of counsel for any 
witness appearing remotely before a committee in accordance 
with regulations referred to in subsection (h).
    Witness oaths--Allows an oath to be administered to a 
witness remotely.
    Transparency for meetings and hearings--Provides that any 
remote committee meeting or hearing conducted in accordance 
with regulations referred to in subsection (h) shall be 
considered open to the public.
    Subpoenas--Provides that any committee or chair empowered 
to authorize and issue subpoenas may authorize and issue 
subpoenas for return at a hearing or deposition conducted 
remotely. During this period, authorized and issued subpoenas 
may be signed electronically and the Clerk may attest and affix 
the seal of the House to such subpoenas electronically.
    Executive session--Prohibits a committee from conducting a 
closed or executive session proceeding remotely. If during a 
remote proceeding a motion by a Member to go into closed or 
executive session is adopted, then the chair shall recess the 
meeting with respect to such matter until the proceeding can be 
reconvened in person. This prohibition on remote closed 
proceedings does not apply to the Committee on Ethics.
    Regulations--Subsection (h) provides that this section 
shall be carried out in accordance with regulations submitted 
for printing in the Congressional Record by the Rules Committee 
chair. Consistent with past grants of regulatory authority to 
the chair of the Committee on Rules, this authority is not 
limited to a single submission of regulations.
    Application--``Committee'' includes select committees and 
subcommittees.

Section 5: Study on remote participation

    Study and certification of remote voting technology--
Requires the chair of the Committee on House Administration, in 
consultation with the ranking minority member, to study the 
feasibility of using technology to conduct remote voting in the 
House and to provide certification to the House upon a 
determination that such operable and secure technology exists.
    Implementation of remote voting technology--Following 
certification by the chair of the Committee on House 
Administration, the chair of the Committee on Rules, in 
consultation with the ranking minority member, will submit 
regulations for printing in the Congressional Record that 
provide for implementation of remote voting in the House. After 
submission of these regulations, the Speaker is authorized to 
notify the House that Members may cast their votes or record 
their presence remotely.

Section 6: Regulations

    Remote voting regulations--Provides that sections 1, 2, and 
3 (remote voting by proxy) shall be carried out in accordance 
with regulations submitted for printing in the Congressional 
Record by the Rules Committee chair, to the greatest extent 
practicable. Consistent with past grants of regulatory 
authority to the chair of the Committee on Rules, this 
authority is not limited to a single submission of regulations.

  CHANGES IN EXISTING HOUSE RULES MADE BY THE RESOLUTION, AS REPORTED

    In compliance with clause 3(g) of rule XIII of the Rules of 
the House of Representatives, the Committee finds that this 
resolution does not propose to repeal or amend a standing rule 
of the House.

                            DISSENTING VIEWS

    The American people expect its elected Representatives to 
lead by example and continue to govern during these times, 
especially when we ask health care workers, grocery store 
clerks, and other front-line workers to keep going to work 
every single day. At the same time, we also recognize that 
changes to the way the House normally operates during a 
pandemic are appropriate. But a pandemic does not mean we 
should throw out 230 years of House practice and the 
Constitution. In fact, our founders faced many of the same 
questions we face today when they drafted the Constitution. 
Travel was long and dangerous, especially during a time of war. 
Proxy voting is something they easily could have implemented, 
and its omission leads us to conclude that they chose to draft 
the Constitution without providing for proxy voting. They knew 
the value of a Congress--a coming together of people and 
ideas--and therefore demanded physical presence to further us 
as an institution.
    Before even addressing the Majority's proposal, it is 
critical to understand the process that led to this potentially 
flawed and deficient product. When Democrats were entrusted 
with the Majority in 2019, they promised things would be 
different. They instituted rules changes that would ensure 
regular order, such as ensuring committee hearings and markups 
before legislation would be considered by the Rules Committee 
and the House.
    While these provisions made for good sound bites, the 
Majority has waived the rule requiring a markup on 5 bills and 
has foregone hearings on 7 House resolutions so far this 
Congress. And it is deeply disappointing that on such a 
fundamentally important piece of legislation, which changes how 
this House has operated for more than 230 years, the Majority 
has yet again failed to hold proper hearings and take testimony 
from witnesses. To be fair, this Committee did hold one 
unofficial, virtual roundtable discussion, limited to one hour, 
where Members were asked to limit themselves to one question a 
piece from two panelists. Such a consequential change certainly 
merits more than one hour of discussion and deserves hearings 
in all committees that would be impacted, especially the 
Committee on House Administration and the Committee on the 
Judiciary. While we appreciate the Committee holding this 
hearing and markup, they are certainly not designed to find 
common ground and develop a bipartisan proposal. As Chairman 
McGovern once stated ``. . . usually when you have a lousy 
process, you have a lousy bill.'' The process for consideration 
of this resolution has certainly been lousy and it is apparent 
in the product, which is riddled with both serious 
constitutional concerns and practical implementation issues.
    We must make one point abundantly clear: this measure fails 
to pass constitutional muster in every regard. While the 
Constitutional limitations on the power of Congress may be 
inconvenient to some with a desired policy outcome in mind, it 
is, nevertheless; the fundamental question that every Member of 
Congress must ask before casting a vote on this or any measure. 
The Majority has failed to provide sufficient Constitutional 
basis for this substantial change to the core functions of 
Congress, and as such, jeopardizes the legitimacy of the 
passage of any future legislation. There are constitutional 
options before the House, and should the Majority alter their 
partisan and short-sighted crusade, we would gladly explore 
these options with them in a bipartisan and expeditious manner.
    Article I of the U.S. Constitution demands physical 
presence for Congress to perform core legislating functions. 
Physical presence is required for Congress to establish a 
``quorum'' to conduct business (Art. 1, Sec. 5, Cl. 1); and in 
regards to ``meeting'' (Art. I, Sec. 4, Cl. 2), ``assembling'' 
(Art. I, Sec. 4, Cl. 2), and ``attendance'' (Art. I, Sec. 5, 
Cl. 1). The Constitution grants each Member the right to 
request for ``the yeas and nays''' and requires a recorded vote 
on any question ``at the desire of one fifth present'' (Art. 1, 
Sec. 5, Cl. 3). While the Majority may have novel arguments 
regarding the re-definition of presence, such an argument is 
inconsistent with the text of the Constitution and commonsense. 
In 1892 the Supreme Court ruled in U.S. v. Ballin that the 
House of Representatives lacks the authority to set rules that 
ignore constitutional restraints, the relevant restraint in the 
matter before us being that of physical presence.

          The Constitution provides that ``a majority of each 
        [house) shall constitute a quorum to do business.'' In 
        other words, when a majority are present the house is 
        in a position to do business. Its capacity to transact 
        business is then established, created by the mere 
        presence of a majority, and does not depend upon the 
        disposition or assent or action, of any single member 
        or fraction of the majority present. All that the 
        Constitution requires is the presence of a majority, 
        and when that majority are present the power of the 
        house arises'' (emphasis added).

    As we referenced above, the Constitution requires Congress 
to assemble at least once a year and, as required, Congress has 
consistently physically gathered in a single location to 
conduct business. We can turn to The Federalist Papers for more 
color on this requirement. In Federalist No. 14, James Madison 
argued that ``the natural limit of a republic is that distance 
from the centre which will barely allow the representatives to 
meet as often as may be necessary for the administration of 
public affairs.''
    In Federalist No. 53, Madison, in arguing in favor of two-
year terms for Members of the House, noted that ``[t]he 
distance which many of the representatives will be obliged to 
travel, and the arrangements rendered necessary by that 
circumstance, might be much more serious objections with fit 
men to this service, if limited to a single year, than if 
extended to two years.''
    The Constitution and the words of the founders leave no 
room to contemplate a scenario other than Members of Congress 
assembling and meeting in person in one location. There is 
simply no room in the constitutional confines of our government 
for Members of the House of Representatives to meet in multiple 
or virtual locations.
    For those who find these arguments unpersuasive or the call 
to preserve the integrity of the Constitution too theoretical 
to demand our fidelity, we urge them to carefully consider this 
warning: if any Member casts their vote on passage of a measure 
without being physical present in the chamber, it would raise 
the specter of illegitimacy of the final action taken by the 
House. A Member who disagrees with a potential change to the 
House rules could attempt to challenge the change in the 
courts, or a member of the public who is adversely affected by 
any law while the House is operating remotely could similarly 
allege that the law was not instituted through constitutional 
means. Both scenarios would damage the House as an institution 
and depending on the legislation in question, have far-reaching 
economic consequences.
    The confines of the Constitution are not so rigid as to 
prevent Members of this body from finding a path forward that 
would allow for safe and effective governing. We urge the 
Majority to embrace Constitutional certainty and abandon this 
flawed proposal.
    In addition to the serious Constitutional challenges 
contemplated by this resolution, it has the potential to 
fundamentally alter how the House operates. While the 
resolution only addresses proxy voting in the context of the 
current pandemic, relaxation of what it means to be 
incapacitated as an institution is a legitimate concern. So, 
while this proposal may be confined to the current crisis, it 
opens the door to allowing proxy voting in other 
circumstances--like fly-in days--because of the inconvenience 
of travel or weather-related incidents.
    Proxy voting fundamentally undermines the role of Congress. 
Congress is derived from Latin words meaning ``a coming 
together of people'' and ``to meet with; to fight with.'' Proxy 
voting removes that personal element of Congress. Instead of a 
free-flowing debate and exchange of ideas, proxy voting further 
serves to entrench one's own view and eliminates the 
interaction with different ideas.
    Some have argued that the polarization of our Congress is 
due in no small part to Members spending less time working out 
differences in face-to-face settings and failing to develop 
personal relationships with those across the aisle. If that is 
the case, the turn to proxy voting will only further exacerbate 
the polarization of Congress to the detriment of the American 
people.
    Beyond the Constitutional and institutional implications, 
there are practical concerns with the Majority's proposal. 
These could have been further explored through a series of 
hearings; however, the Majority seems determined on pushing 
this proposal through as expeditiously as possible.
    Rather than providing Members certainty and clarification, 
the Majority's resolution instead generates a series of 
questions about how their proxy voting scheme will operate: 
questions that must be answered before a monumental proposal 
like this should be implemented. The Electronic Voting System 
(EVS) underwent three years of testing before it was fully 
implemented; yet, the Majority seems to think proxy voting can 
be implemented with the flip of a switch. In discussions with 
the Office of the Clerk, we remain concerned about the ability 
and of the Clerk's office to authenticate and certify the 
grantor of the proxy in real time.
    Additionally, there are a series of questions generated by 
introduction of a proxy like addressing the situation of a 
Member who is unable to unable to find a willing proxy. This 
may occur for a multitude of reasons, including a Member taking 
a different position than their potential proxy. Beyond this, 
since House Rules only prescribe a minimum time for voting, it 
is unclear how the Majority's proposal would ensure that all 
Members have an opportunity to inform their proxy on how they 
wish to vote before the Chair closes a vote, especially on an 
unanticipated vote.
    Instead of moving forward with this resolution, the 
Majority would do well to use any of the many existing tools at 
the House's disposal. We note at least three potential 
alternatives that would allow the House to proceed with 
business, while not trampling the Constitution or the 
institution.
    First, the House could use the approach it did during the 
1918 Spanish Flu, where the House continued to operate by 
unanimous consent. The Majority should truly consider what 
legislation will be considered under their proxy voting scheme. 
We hope it will continue to be legislation that is broadly 
bipartisan, which has both Senate and White House support. In 
that scenario, it makes sense that unanimous consent is the 
appropriate approach to take. If, however, the Majority is 
intending to undertake partisan legislation that has no chance 
of becoming law, their current approach, which seeks to 
leverage their slim majority, makes sense.
    Second, the House could continue to operate as it did for 
the vote on the CARES Act. This would maintain appropriate 
safeguards recommended by both the Office of the Attending 
Physician and the House Sergeant-at-Arms to ensure the safety 
of all Members and staff. Additional precautions could be 
implemented, if desired, to further protect the safety of all 
Members and staff.
    Third, the House could avail itself of Rule XX, clause 5, 
which provides for the establishment of a provisional quorum in 
the event of a catastrophic event. The rule specifically 
contemplates use of this procedure in the event of 
``catastrophic circumstances involving natural disaster, 
attack, contagion, or similar calamity rendering 
Representatives incapable of attending the proceedings of the 
House'' (emphasis added). This rules change was implemented 
after the 9/11 attacks on a bipartisan basis four years after 
consideration, not one month. Any of these tools should be used 
before creating more extraordinary, constitutionally untested 
processes.
    The second major provision included in this resolution is 
more notable for what is absent from it than from what it 
contains. While this resolution purports to provide committees 
with the authority to operate remotely, it provides no specific 
details on how committees are to accomplish this objective. It 
is critical that many of the real technological challenges are 
addressed prior to implementation of any remote operations by 
committees.
    Serious implementation challenges exist to ensuring that 
committees are able to function remotely, first and foremost 
being the issue of cybersecurity. The House is subject to more 
than 1.6 million cyberattacks per month and currently, there 
are no House authorized products which would allow committees 
to meet securely. Many of the existing platforms that 
committees have used thus far have significant vulnerability 
issues that could be exploited, should the Majority continue 
down this path.
    Additionally, this resolution makes no effort to ensure the 
protection of the rights of the Minority or hold the chairs of 
committees accountable for adhering to the rules of the House 
and guaranteeing equal participation by all committee members. 
Under this resolution, Members of Congress wishing to exercise 
their constitutional responsibilities can only do so to the 
extent allowed by the chair. It remains troubling that there 
are no details as to how remote committee operations will 
function under this resolution. How a chair will dispense of 
motions, how a chair will ensure any member retains the right 
to offer amendments at any time, how the ruling of the chair 
may be appealed--these are just a few of the questions that 
have gone unanswered by the Majority. We are concerned that 
this resolution not only consolidates for the chair the 
legislative power belonging to all members of the committee, 
but provides no recourse or mechanism whereby committee 
chairmen are held accountable to their fellow members and the 
American people for actions that disserve democracy and violate 
the rules of the House. It should be noted that we have raised 
on numerous occasions specific instances where this Majority's 
chairmen have failed to follow their own committee rules and 
the rules of the House. Although it comes as no surprise since 
this Majority seems to be more interested in expediting its 
partisan liberal agenda than preserving the integrity of the 
legislative process and any semblance of bipartisanship.
    Beyond these concerns, there are practical challenges that 
must be addressed. In a remote committee markup, how will 
amendments be distributed? Given that some committees have time 
zone differentials of 22 hours, how will committee activities 
be scheduled? How will a committee ensure all Members can 
attend and participate when broadband internet access, 
especially in rural and remote areas, can be limited? These 
questions deserve more than a cursory glance in a Rules 
Committee hearing and markup.
    As if the first four sections of this resolution didn't go 
far enough to upend the integrity and transparency of the 
proceedings of this body, Section 5 places the future of remote 
voting in the House of Representatives in the hands of one 
individual: the chair of the Committee on House Administration. 
The gravity of this language cannot be overstated. Remote 
voting fundamentally alters what it means to be the People's 
House and to make such a lasting and catastrophe change through 
a report issued by one person should cause every American 
pause. Transparency, vote integrity, and equal participation 
cannot exist if the House moves from a physical location to the 
virtual ether. We shudder to think of the implications of this 
move on an already hyper-partisan environment. Bipartisanship--
the overcoming of barriers--relies on the organic forming of 
relationships through physical human connection and 
conversation and a change of this magnitude demands more 
thought than a casually written page and a half of legislative 
text.
    There was potential for there to be bipartisan agreement on 
how to address current and future pandemics. And as we've 
expressed previously, we would like nothing more than to find a 
way to work with our colleagues in the Majority to address some 
of these real issues. Sadly, the Majority's dedication to 
circumventing the standing rules that have existed from the 
first Congress leaves little room for deliberation and 
discussion. Making fundamental changes to how the House 
operates should be done in a thoughtful manner--not simply as a 
reaction to an emergent need and an opportunity to consolidate 
power and diminish the rights of the minority party.

                                   Tom Cole.
                                   Rob Woodall.
                                   Michael C. Burgess, MD
                                   Debbie Lesko.

                                  [all]