Congressional Absence Reform Debate Intensifies Amid High-Profile Health-Related Absences

Lawmakers from both parties are pressing for new rules governing prolonged absences and incapacitation of members of Congress. The only legislation introduced this year, the Duty of Transparency Act, was sponsored by Democratic Representatives Seth Moulton (Mass.) and Ritchie Torres (N.Y.). The bill would require disclosure of any absence longer than 21 days, an explanation of its cause, and 30-day updates while the member is not participating in floor activity.

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Extended absences are not new, but several high-profile cases have heightened public concern. In 2023, former Senator Dianne Feinstein (D-Calif.) missed 91 votes; former Representative Kay Granger (R-Tex.) missed more than 76 percent of votes in her final months; and in 2024, Senator Mitch McConnell (R-Ky.) and Representative Tom Kean Jr. (R-N.J.) each spent months away from Washington for health reasons, including a hospitalization for depression. A Marist poll in May found that 8 in 10 Americans favor an age cap and term limits for members of Congress, while only 16 percent approve of Congress’s overall performance.

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Beyond the Duty of Transparency Act, scholars and officials have floated broader changes. Law professor John Martin of Quinnipiac University has suggested a constitutional amendment modeled on the 25th Amendment to allow temporary replacement of incapacitated legislators and the creation of a Congressional Medical Oversight Board.

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Other nations offer concrete precedents: Australia can vacate a seat after two consecutive months of absence, and Canada can reduce a member’s salary after 21 days away. In Mexico, each legislator has an elected alternate who assumes duties after ten unexcused days.

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Supporters stress transparency and continuity. Senator Ben Ray Luján (D-N.M.) said a rule change focused on openness “should be embraced,” emphasizing the duty to keep constituents informed.

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Opposition argues existing accountability mechanisms are sufficient. Retiring Senator Cynthia Lummis (R-Wyo.)

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• “This institution needs reform. Everyone in America knows that,” — Democratic Reps. Seth Moulton — Democratic Rep. Seth Moulton

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• “There presently exist no practical means of ensuring that representation continues undisrupted for affected constituents. This is antithetical to our democracy. And with Congress’s average age on the rise, the problem may only get worse,” — Congress. John Martin — John Martin, professor of law, Quinnipiac University

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• “It’s important to share with your colleagues what happened; it’s most essential and critical to share with your constituents,” — Sen. Ben Ray Luján — Sen. Ben Ray Luján

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• “The people entrusted you to be here, whether they voted for you or not, you have an obligation to the people back home.” — Sen. Ben Ray Luján — Sen. Ben Ray Luján

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• “I feel like that’s up to the voters,” — Republican Sen. John Curtis — Republican Sen. John Curtis

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