A growing number of members of Congress — including Rep. Mark Meadows, R-N.C., the incoming White House chief of staff — have put themselves under "self-quarantine" after they came into contact with a coronavirus-infected individual at a conference of conservative activists last month. They're unlikely to be the last lawmakers exposed to the virus as it spreads across the country: Members of Congress, like the rest of us, are vulnerable to an illness that knows no party lines. The House and Senate need to plan for an outbreak that sidelines a significant number of lawmakers for days or weeks.
Unfortunately, Congress is woefully unprepared for continuing its work during a pandemic. The Constitution requires both houses to establish a quorum — defined as a majority of members — to conduct business. Any lawmaker can issue a quorum call in her chamber, and if a majority is not present, then the chamber cannot enact any legislation until that threshold is again met.
Under House and Senate rules, only members who are present in person count toward a quorum. So if at least half of either chamber is under quarantine or otherwise unable to attend a session, the legislative process could come to a grinding halt right in the middle of a crisis.
That would be not only disruptive, but potentially disastrous. It's quite likely federal agencies will need additional funds and additional authorities to manage the coronavirus outbreak. If either chamber falls short of a quorum, Congress will not be able to enact legislation responding to urgent needs.
The House — but not the Senate — has taken modest steps to prepare for a prolonged failure to establish a quorum. In 2005, with memories of the Sept. 11 terrorist attacks still fresh, the House amended its rules to allow for a "provisional quorum" to conduct business if catastrophic circumstances prevent a majority from meeting. The provisional quorum procedure is cumbersome, though, and it would not allow the House to act quickly to respond to an outbreak.
Under the current provisional quorum procedure, the House first must summon its members back into attendance and wait at least 72 hours. Next, the sergeant-at-arms must prepare a "catastrophic quorum failure report" in consultation with Congress's attending physician, the clerk of the House and public health and law enforcement officials. Once that report is delivered, House rules require an additional 24-hour wait before the depleted chamber can resume business.
By that point, at least four days will have elapsed without legislative action. Even then, the House cannot pass a bill without the concurrence of the Senate — which might not be able to meet at all, because it hasn't followed the House's lead in adopting a provisional quorum procedure.
The world is very different now than it was in 2005, when the House amended its rules. Video conferencing technology has reached the point that anyone with a smartphone and a cellular or wireless connection can participate virtually in a meeting. There is no reason the House and Senate need to shut down for days or weeks when all their members still can converse face-to-face from the safety of self-isolation.