Congress Still Lacks a Viable Plan to Operate After Mass Casualty Events

While evacuating the Longworth House Office Building on 9/11, former Washington Democrat Brian Baird began questioning how Congress would survive a catastrophe that killed many members. He discovered that only directly elected House members can serve, forcing special elections for each vacancy, a process that can leave districts unrepresented for months. Subsequent close calls, from a GOP baseball practice shooting to a train derailment involving lawmakers, have not prompted substantive reform.

A 2005 House rule allowing a provisional quorum is deemed unconstitutional by scholars, and a 2022 Continuity of Government Commission report again urged a constitutional amendment to permit temporary appointments. Yet state officials often ignore the federal law mandating rapid special elections, and political leaders show little appetite for the difficult institutional work required. Critics say the lack of a robust plan encourages extremist threats and undermines the nation’s ability to respond to emergencies.