A joint resolution proposing an amendment to the Constitution of the United States to ensure continuity of congressional operations and the avoidance of martial law in the event of mass incapacitations or death in either House of Congress.
Read twice and referred to the Committee on the Judiciary.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Feb 17, 2005
Constitutional Amendment - Authorizes the Congress by law (approved by two-thirds of both Houses) to provide for the death or inability of Members of the House of Representatives and Members of the Senate, in the event that one-fourth of either House is killed or incapacitated, declaring who shall serve until the disability is removed, or a new Member is elected.
Declares that such procedures shall expire by 120 days after the death or inability of one-fourth of the House or the Senate. Allows an additional 120-day extension, however, if one-fourth of either House remains vacant or occupied by members unable to serve.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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