WASHINGTON _ House committees could meet remotely and even mark up legislation related to any topic during a 60-day emergency period but proxy voting on the floor could only happen on bills related to the coronavirus pandemic under proposed rules unveiled overnight by the House Rules Committee.
The Rules Committee, dominated by Democrats, will meet at 5 p.m. Wednesday to consider the historic resolution, with opposition expected from Republicans. The 13-member will meet in one of the largest rooms on Capitol Hill, 1100 Longworth, to facilitate social distancing. The room is often used by the 42-member Ways and Means Committee.
"The Office of the Attending Physician recommends all individuals maintain 6-foot social distance spacing as much as practicable when in the Capitol Complex. Additionally, the OAP recommends the use of a face covering by attendees of this proceeding, including witnesses," according to a memo from the Rules Committee.
A Thursday floor vote is expected on the resolution, but if it passes, it would not allow members to vote by proxy immediately. Under the proposal, an additional special order resolution would be needed for the Speaker to initiate proxy voting authority for a 60-day period. Proxy voting would be limited to legislation related to the COVID-19 pandemic.
Within the same 60-day period, House committees would have the authority to conduct hearings and markups remotely. There would be no limitations on the hearing or legislative topics that can be covered remotely.
"To ensure committees are able to continue their essential oversight and legislative functions, the authority is not limited to specific measures," according to a Rules Committee document on common questions about the resolution.
The resolution would allow both House members and witnesses to appear remotely, and for lawmakers to cast votes. There are no details about what technology committees would use.
"The resolution does not specify technology that must be used. Those choices will be made by individual committees in consultation with the Committee on House Administration on the cybersecurity of platforms," according to the Rules Committee.
As a change to House rules, the measure would not need to be adopted by the Senate for it to take effect.
House Administration Committee ranking member Rep. Rodney Davis cast doubt on the fast pace of implementation of remote committee proceedings proposed by Democrats.
"How in the world do they propose to implement a system without studying the effects and the capabilities of the House to implement a technology-based committee process without sitting down and putting people at a table who are going to be tasked with putting these new policies in place?," Davis, of Illinois, said in an interview with CQ Roll Call.
Republican leaders in the House are whipping against the proxy voting rule change and some GOP lawmakers came back to Washington early to testify against the measure.
The House sergeant-at-arms and attending physician would have the power to identify if a pandemic emergency related to COVID-19 is in effect, which would be required for the 60-day timeframe to be invoked. The same officials would also be able to indicate that a pandemic emergency is over, which would terminate the proxy voting period before 60 days has elapsed.
Members would be given a 24-hour notice before qualifying votes to allow members to secure proxies. The Rules Committee specifies that the notification of an ongoing pandemic emergency and the 24-hour notice cannot be done on the same day the House adopts the resolution.
Members must submit a signed letter to the House Clerk to authorize another lawmaker to vote on their behalf and indicate how they are directing the proxy to vote on the legislation under consideration. The letter can be sent by email and if there are changes to the vote schedule, such as a procedural vote or changes to the underlying bill text, a member will have to send written instructions via email to their proxy.
The clerk would keep a publicly available list of proxy designations.
The House Rules Committee says that unexpected votes will be held open for an extended period of time to allow lawmakers to send their voting instructions to their proxies. Lawmakers can revoke their proxy designation with either another letter to the clerk or by arriving in person to vote.
Under the proxy procedures, votes will only be taken either by roll call vote, rare in the modern House, or by electronic device. Members present will be able to vote as usual in an electronic vote, but will have to submit a card to the clerk in the well of the House indicating "yes by proxy" or "no by proxy" to cast the votes of their absent colleagues.
The use of roll call votes, where each member's name is called aloud, is one suggestion Davis made to make voting during the current public health crisis safer for members, staff and others the Capitol. Davis is opposed to proxy voting, but has ideas on how voting in the time of coronavirus can be better.
"I think a roll call vote, as a matter of fact, can be implemented on a rolling basis by alphabetical order and then you can run it on a certain time by time basis," said Davis.
He suggested that giving time windows for each section of the alphabet to vote would cut down on the number of people in the chamber at once and reduce the likelihood of bottlenecks in elevators or on stairwells as members head to and from the chamber for votes. He noted that no one is holding in-person constituent meetings or fundraisers right now.
"During those roll calls, we have nothing but time to be able to come in on a rolling basis to stay much safer," said Davis.
