Lawmakers remain without a permanent continuity plan 25 years after 9/11
Former Rep. Brian Baird, who evacuated the Capitol on 9/11, has spent decades urging Congress to prepare for a mass casualty event. He and other experts warn that the House could be incapacitated if many members were killed, since special elections take months. Despite several close calls, no permanent solution has been enacted.
The House's 2005 rule permits a provisional quorum after a calamity, but critics argue this conflicts with the Constitution's requirement for a majority of elected members. Baird and Ornstein both contend this mechanism is legally flawed.
A 2024 GAO review found many state election officials were unfamiliar with the federal mandate to hold special elections within 49 days for mass vacancies, casting doubt on its feasibility. The nonpartisan Continuity of Government Commission has repeatedly proposed a constitutional amendment allowing temporary appointments, most recently in 2022, but no action has followed.
A mass casualty event could leave the House unable to quickly reconstitute, delaying critical legislation such as disaster relief or national security measures. Millions of constituents may remain without representation for months. The ongoing stalemate could erode public confidence in government resilience, as the legislative branch lacks the clear succession protocols found in the executive and judiciary.