Violence Against Members of Congress and Their Staff: Selected Examples and Congressional Responses
Released: 2017-08-17T00:00:00

Q uestions about the personal security and safety of Members of Congress and their staffs are of enduring concern for the House, Senate, and the United States Capitol Police (USCP). Broader interest in the media and among the public arises in the aftermath of incidents such as the June 14, 2017, attack on at least 17 Members of Congress, several staff, USCP officers, and members of the public in Alexandria, Virginia. In that incident, a Member was critically wounded, and others, including other Members, a congressional staffer, USCP officers, and a member of the public were injured during a shooting that occurred as Members were practicing for an annual congressional baseball game.

There is concern about the level and extent of threats against Members. In a mid-June, 2017 letter to the Federal Election Commission (FEC), House Sergeant at Arms (HSAA) Paul D. Irving stated that USCP had investigated approximately 950 threatening communications against Members of Congress since January 1, 2017, and compared that total to what he stated were 902 similar investigations occurring in all of 2016. Since consistent, more detailed threat information is not publicly available, however, it cannot be determined whether the number of threats against Members and congressional staff has increased, decreased, or remained the same over longer periods of time.

Violence Against Members of Congress

Since 1789, 12,244 individuals have served in Congress. Official records, supplemented from available news accounts, suggest that there have been at least 20 instances of attacks against Members, summarized in Table 1 . In 10 instances, the attacks failed, were thwarted, or resulted in no serious injuries to Members. Another five incidents resulted in the wounding of at least nine Members. Finally, five instances each resulted in the death of a Member.

In these examples, it appears that individual Members were targeted on 17 occasions. There have been three incidents in which more than one Member was targeted. These include the Alexandria attack, in which at least 17 Members were present, a 2001 biologic attack directed at two Senators, but affecting numerous other Members and staff in the Hart and Dirksen Senate Office Buildings, and a 1954 shooting in the House chamber where a quorum call had registered the presence of 243 Representatives just prior to the incident.

Identifying examples of violence against Members of Congress can be a complicated, complex undertaking. As political figures and national leaders, part of the role of Members is to participate in public discussion about a wide range of topics, including war, peace, and policies affecting the future of the nation and its citizens. Some of those issues might incite violent responses between Members, or between Members and the general public. In other circumstances, Members may be involved in violent activities that are unrelated to their official duties, due to personal circumstances, or because they were the random target of criminal activity. The focus of this report is on identified incidents in which Members appear to have been the target of an attack by someone outside of Congress, presumably due to their role as a Member of Congress, or, in one instance, while seeking other office while serving in Congress. This report excludes incidents in which Members voluntarily participated in violent activities, such as war service as a combatant, or other instances, in which some Members voluntarily initiated violent activities, including duels, fistfights, beatings, and other individualized conflicts, sometimes with other Members. Also excluded are incidents in which the Capitol was attacked, but no Members or staff were reported as injured. Examples include the burning of the Capitol during the War of 1812; the September 11, 2001, terror attacks in which the Capitol and Congress may have been a target; and bombings in the Capitol in 1915, 1971, and 1983.

Violence Against Congressional Staff

In some of the incidents of attacks on Members or in the Capitol, including the Alexandria incident, some congressional staff were also affected. Two incidents resulted in fatalities. In 1998, a gunman entered the Capitol, and made his way to the Majority Whip's office, although it is unknown whether the Whip was a target. Two USCP officers, Private First Class Jacob Chestnut, and Detective John Gibson, were killed while responding to the incident. A 2011 shooting at a congressional event in Tucson, Arizona, resulted in the death of a congressional staff member, Gabriel Matthew Zimmerman.

Other violent but non-lethal incidents involving staff have also occurred. In 1905, "Doc" Thompkins, private secretary to Representative John M. Pinckney of Texas, was wounded in a riot in which Representative Pinckney was killed. In 1935, Earle Christenberry, secretary to Senator Huey Pierce Long of Louisiana, opened a package containing a bomb, which did not explode. In the 1954 House chamber shooting, two House doorkeepers suffered injuries. Matthew Fardella was struck in the jaw while subduing the shooters. William Belcher suffered a heart attack following the attack. In a 1978 incident, Jackie Speier, then a staff member working for Representative Leo Joseph Ryan of California, who now serves as a Representative, was critically wounded by gunfire in an attack in Guyana. Representative Ryan was killed in the attack.

Identifying instances of violence against congressional staff poses significant challenges. Because they are private citizens who do not receive extensive, sustained public attention, there is no assurance that all instances of violence against them can be identified. Violence against staff that is reported here happened in the course of their official duties. Identifying all who have served Congress in a staff capacity, and then identifying whether they have suffered violence during that service, presents all but insurmountable obstacles to compiling an exhaustive and authoritative inventory of violent incidents. A consequence of these challenges is that the material presented here cannot with authority be said to comprise all of the attacks on Members of Congress or staff that have ever occurred.

An example of the difficulties presented in chronicling violence against staff is the death of Harold W. "Hal" Rosenthal, a Senate Foreign Relations Committee staff member. As noted in Table 1 , Mr. Rosenthal was killed during an August 11, 1976, terrorist attack at an airport in Istanbul, Turkey. It cannot be determined if the attackers were aware of Mr. Rosenthal's status as a congressional employee. Although contemporary news reports and congressional statements state that Mr. Rosenthal was overseas on official congressional business to Israel, the lack of official records of staff activity render it virtually impossible to determine if Mr. Rosenthal died in Istanbul while in the course of his official duties.

Table 1 summarizes incidents of violence directed against Members or congressional staff. This material should be interpreted with care. Although they have high profiles, and any incident of violence against them is likely to engender considerable attention in contemporary times, it is possible that some incidents of violence involving Members have not been captured. It is also possible that available sources, whether official or non-official, provide limited or conflicting accounts of a Member's involvement in violent activities.

Responses to Violence Against Congress; Policy Changes, Prior Initiatives, and Current Legislation

In the aftermath of some violent incidents against Members and staff, policy proposals and legislation have been considered. On a number of occasions, incidents of violence involving Members of Congress or congressional staff have led to congressional legislative or administrative responses changing policy and practice. These include the following:

A prohibition of the giving or accepting, within the District of Columbia, of challenges to a duel, following the death of Representative Jonathan Cilley of Maine. Representative Cilley was killed in a duel with Representative William J. Graves of Kentucky on February 24, 1838, in Prince George's County, Maryland. Enactment of law in the 91 st Congress (1969-1970) making it a federal offense to assassinate, kidnap, or assault a Member of Congress or Member-elect, or to endeavor or conspire to commit such offenses following the assassination of Senator Robert Francis Kennedy of New York on June 6, 1968. Initiation of congressional mail screening following the delivery in the fall of 2001 of letters containing anthrax spores to the offices of Senator Patrick Leahy of Vermont and Senator Tom Daschle of South Dakota.

Some violent incidents in which Members may not have been the direct target have also led in part to congressional action. The 1971 and 1983 Capitol bombings were reportedly some of the reasons for the introduction of visitor screening around the chamber galleries, and Capitol entrances, respectively. The attacks of September 11, 2001, were a contributing factor in increases to the number of USCP officers and staff, expedited deployment of a security perimeter planned prior to the attacks, and appropriations funding construction of the Capitol Visitor Center.

Initiatives Considered Following Other Violent Incidents

Other instances of violence against Members and staff have resulted in discussions of various policy proposals. The focus of the proposals have varied, but include attempts to enhance security in the House chamber, expand the criminal penalties for committing violence against Members and staff, or restrict the number of firearms in proximity to Members as they conduct their official and electoral activities.

Following a 1932 incident noted at footnote 7 in which a gunman in the House gallery demanded the opportunity to address the House before surrendering his weapon without incident, Representative Thomas Lindsay Blanton of Texas stated that "…in order to protect the orderly procedure in…" the House, "no one … should be admitted to the gallery of this [c]hamber unless he comes properly vouched for and with a proper purpose...," and that "all this countenancing of cranks and crooks ought to stop. An anarchist has no business in a gallery of this Capitol of the people." No change to rules governing access to House galleries was identified.

In the aftermath of shootings in the House in 1954, in which gunmen fired from the galleries into the floor, wounding five Members and two staff, proposals to install transparent shields between visitors' galleries and the House floor were discussed, but no legislative action was taken.

A half century after the 1954 incident, in response to House gallery disturbances and a 2004 incident in the United Kingdom Parliament in which a visitor to their galleries threw a powdery substance at the Prime Minister, in the 108 th (2003-2004) and 110 th (2007-2008) Congresses, Representative Dan Burton of Indiana introduced H.Res. 665 and H.Res. 432 , respectively. The measures would have provided for enclosing the visitors' galleries of the House of Representatives with a transparent and substantial material. The measures were referred to the Committee on House Administration, and no further action was taken.

Following the 2011 Tucson shooting, a number of legislative proposals were introduced in the 112 th Congress (2011-2012). Representative Robert A. Brady of Pennsylvania introduced H.R. 318 to amend title 18, United States Code, to punish threats to commit violent crimes against Members of Congress. According to a Dear Colleague letter issued by Representative Brady, the measure would have extended prohibitions of threats against the President, Vice President, Presidents-elect, and Vice Presidents-elect to Members of Congress and Members-elect of Congress. Representative Laura Richardson of California introduced H.R. 367 , the Freedom to Serve Without Fear Act of 2011. The measure would have prohibited the knowing possession of a firearm near a venue at which a Member of Congress was performing an official, representational duty, or campaigning for public office. The measure would also have encouraged states to adopt prohibitions similar to federal law to protect state and local elected and appointed officials. Representative Jim Gerlach of Pennsylvania introduced H.R. 815 , the Justice for Public Servants Act of 2011. The measure would have amended the federal criminal code to make the killing of a Member of Congress or congressional employee, or the killing or attempted killing of a law enforcement officer or other first responder, an aggravating factor in death penalty determinations. Representative Dan Burton introduced H.Res. 50 , which would have provided for enclosing the visitors' galleries of the House with a clear and bomb-proof material; the measure would have provided for the installation of equipment to allow floor proceedings to be audible in the galleries. The measures were referred to various committees and subcommittees for consideration; no further action was taken.

No proposals related to violence against Members and their staffs were introduced in the 113 th or 114 th Congresses.

Legislative Proposals, 115th Congress

In the 115 th Congress (2017-2018) several legislative proposals have been introduced related to potential response to violence against Members of Congress or their staff.

H.Res. 411

On June 27, 2017, Representative Gregg Harper of Mississippi, chair of the Committee on House Administration, introduced H.Res. 411 , adjusting the amount of the Members' Representational Allowance (MRA). Citing concerns about Member security in the House and in district offices, the measure increased the 2017 MRA for each House Member office by $25,000. H.Res. 411 was agreed to without objection on June 27, 2017.

H.R. 2940

On June 20, 2017, Representative Mo Brooks of Alabama introduced H.R. 2940 , the Congressional Self-Defense Act. As introduced, the measure would authorize a Member of Congress carrying appropriate identification, and who is not otherwise prohibited, to carry a concealed firearm in the U.S. Capitol subject to the regulations of the U.S. Capitol Police Board (USCP Board), and anywhere else in the United States, except where the U.S. Secret Service is protecting the President or Vice President and prohibits the possession of a firearm.

H.R. 2940 was referred to the House Committee on the Judiciary, which referred the measure to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on July 10, 2017. No further action has been taken at the time of this writing.

H.R. 2945

On June 20, 2017, Representative Jody Hice of Georgia introduced H.R. 2945 , the Congressional Personal Safety Act. As introduced, the measure would authorize a Member of Congress carrying appropriate identification to carry a firearm for any lawful purpose in any state, or in the Capitol buildings other than the U.S. Capitol.

H.R. 2945 was referred to the House Committee on the Judiciary, which referred the measure to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on July 10, 2017. No further action has been taken at the time of this writing.

H.R. 2951

One June 20, 2017, Representative Brian Babin of Texas introduced H.R. 2951 , to allow Members of Congress to carry a concealed handgun anywhere in the United States, with exceptions. As introduced, the measure would authorize a Member of Congress carrying appropriate identification, to whom a state or USCP has issued a license or permit to carry a concealed handgun, and who is not otherwise prohibited, to carry a concealed firearm anywhere in the United States, except the White House, or wherever the U.S. Secret Service prohibits the possession of a firearm. The measure would authorize the USCP chief to issue a license or permit to carry a concealed handgun to a Member of Congress in accordance with such terms, conditions, and criteria the chief establishes.

Additionally, H.R. 2951 would restrict Members from carrying firearms on an air carrier unless they complete the Federal Flight Deck Officers (FFDO) program established by the Transportation Security Administration (TSA). The measure would authorize the Secretary of the Department of Homeland Security to make FFDO training available at the request of a Member.

H.R. 2951 would authorize Members of House to use official funds from the Member Representational Allowance (MRA), and Senators to use official funds from the Senators' Official Personnel and Office Expense Account, to pay for firearms training programs.

H.R. 2951 was referred to the House Committee on the Judiciary and, in addition, to the Committees on House Administration, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. The Committee on Homeland Security referred the measure to the Subcommittee on Transportation and Protective Security on June 28, 2017, and the Committee on the Judiciary referred it to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on July 10, 2017. No further action has been taken at the time of this writing.

H.R. 3298

On July 19, 2017, Representative Joe Linus Barton of Texas introduced H.R. 3298 , the Wounded Officers Recovery Act of 2017. The measure would authorize the USCP Board to make payments from the U.S. Capitol Police Memorial Fund to USCP employees who sustain serious injuries in the line-of-duty, including USCP officers injured in the Alexandria shooting, subject to conditions established by the USCP Board by regulation. The measure was passed by the House under suspension of the rules by voice vote on July 24, 2017. The Senate passed H.R. 3298 with an amendment by unanimous consent on July 27, 2017, which the House agreed to without objection on the same day. H.R. 3298 was enacted into law on August 4, 2017, as P.L. 117-45.

S. 1608

On July 20, 2017, Senator Jeff Flake of Arizona introduced S. 1608 , the Wounded Officers Recovery Act of 2017. An apparent companion bill to H.R. 3298 , the measure would authorize the USCP Board to make payments from the U.S. Capitol Police Memorial Fund to USCP employees who sustain serious injuries in the line-of-duty, including USCP officers injured in the Alexandria shooting, subject to conditions established by the USCP Board by regulation. S. 1608 was read twice and referred to the Committee on Rules and Administration. No further action has been taken at the time of this writing.

Other Actions, 115th Congress

In addition to legislative proposals, various administrative efforts were undertaken in response to the Alexandria shooting, including the following.

On June 21, 2017, HSAA Paul D. Irving requested an advisory opinion from the Federal Election Commission (FEC) regarding the use of campaign funds by Members of the House for residential security systems. The FEC approved the request on July 13, 2017. On June 29, 2017, the Committee on House Administration approved an update to the Members' Congressional Handbook to provide additional guidance for updating security equipment and measures. Some of the changes included guidance on MRA reimbursement for capital and non-capital improvements to district offices, as well as security items, training, and personnel support.