Members of Congress Who Die in Office: Historic and Current Practices
Released: 2012-04-25T00:00:00

Background and Context

Since 1973, 84 Members of Congress—69 Representatives and 15 Senators—have died in office. When a sitting Member dies, the House and Senate carry out a number of actions based on chamber rules, statutes, and long-standing practices. Some congressional practices related to the death of a sitting Member predate the national legislature established by the Constitution. On October 23, 1775, the Continental Congress, sitting in Philadelphia, was informed that Peyton Randolph, a Delegate from Virginia and president of the Continental Congress, "suddenly departed this life" the day before, and resolved that its members would "attend his funeral as mourners, with a crape round their left arm," and "continue in Mourning for the space of one month." A committee of three Delegates was appointed to "superintend the funeral," and the Reverend Jacob Duché, rector of St. Peter's Episcopal and Christ Churches was requested to "prepare a proper discourse to be delivered at the funeral."

During the First Congress (1789-1791), the first instances of the death of a sitting Senator and Representative occurred. Senator William Grayson of Virginia died on March 12, 1790. No direct mention of the event is recorded in the Senate Journal or the Annals of Congress . On June 1, 1790, the House was informed of the death of Representative Theodorick Bland of Virginia. The House ordered the Virginia delegation to "be a committee to superintend the funeral, and that the House attend the same." The next day, it was ordered that the House Members go into mourning for one month, "by the usual method of wearing crape around the left arm."

In the 19 th century, Congress adopted the practice of paying some of the expenses of funeral services for sitting Members. Services were sometimes held in the House or Senate chamber. On February 27, 1838, for example, funeral services for Representative Jonathan Cilley of Maine were held in the Hall of the House, with the House and Senate in attendance. When services or interment were not held in Washington, DC, it was the practice of both chambers to appoint a committee of Members to escort the remains of a deceased colleague to their final destination. On June 28, 1847, the House and Senate each voted to accompany the remains of Senator John Fairfield of Maine "from his house to the depot, where they were to be delivered to" Representative Franklin Clark, who accompanied them to Maine. By the 41 st Congress (1869-1871), it had "for a long time been a custom to appoint a joint committee to attend the remains of a deceased Senator or Member to his home, as in the instance of Senator Daniel S. Morton, of Minnesota, on July 14, 1870."

In contemporary times, chamber rules and statutes set out some of the congressional response to the death of a sitting Member, and former Members who served as Speaker. Evidence from the Senate Journal , House precedents, and other historical documents shows that some long-standing observances, such as adjourning briefly as a mark of respect to the deceased, appointing Member delegations to attend funerals of deceased colleagues, or paying the costs of a funeral from public funds, may be employed. Other customs, such as wearing crape, holding services in the House or Senate chambers, or appointing Members to escort the body back to the home state, have not been observed for at least several decades. In addition to some evolutionary changes in institutional patterns, it appears that contemporary congressional response is affected by a number of external factors including the following:

circumstances of the Member's death; preferences of the deceased Member, or the Member's family, regarding funeral services; whether Congress is in session when the Member dies; pending congressional business at the time of the Member's death; and events external to Congress.

Consequently, it appears that congressional response to the death of a sitting Member could be characterized as a set of actions that are determined in detail at or around the time of the death, in response to an array of factors. Generally, these actions fall into five categories:

Floor Announcement or Acknowledgment; Resolution of Condolence; Funeral; Deceased Member's Office, Staff, and Survivor Benefits; and Publication of Memorials.

Floor Announcement or Acknowledgment of a Member's Death

Congressional recognition of the death of a sitting Member occurs principally on the floor of the chamber in which the deceased served. Specific actions are contingent on whether Congress is in session, the business pending before the chamber, and the circumstances of the Member's death.

House Practice

If the House is in session, the death of a sitting Member is typically announced on the floor. No specific protocol has been identified, but notices of death have typically been made by the Speaker, by a Member who indicates that they have been informed by House leaders of the death of a colleague, or by a Member from the decedent's state delegation. Depending on floor business, the House may continue with pending matters, suspend business for special order speeches and other memorials to the deceased Member, or immediately adjourn for the day in honor of the decedent.

The death of Representative Julia May Carson of Indiana, who died on December 15, 2007, was acknowledged when the House met on December 17. In his opening prayer, the Reverend Daniel P. Coughlin, chaplain of the House, noted Representative Carson's demise. A short time later, Representative Dan Burton, dean of the Indiana delegation, was recognized to speak, and yielded to Representative Peter Visclosky of Indiana, who informed the House of Representative Carson's passing, and announced a special order for tributes to her. Following brief remarks by Representative Burton, Representative Visclosky asked for and was granted a moment of silence in Representative Carson's memory.

Other contemporary examples of the House acknowledging the death of a sitting Member include the following:

No formal announcement regarding the death of Representative Jo Ann Davis of Virginia, who died Saturday, October 6, 2007, was made in the House when the chamber next met on October 9, and no moment of silence was observed. During the prayer at the beginning of the session, the chaplain mentioned Representative Davis, and some Members commented through one minute speeches. A resolution of condolence was considered and adopted later in the day. Following the death of Representative Paul E. Gillmor of Ohio on September 5, 2007, Representative John Boehner, the Republican leader, received unanimous consent to speak out of order to inform the chamber. Later in the day, Representative Ralph Regula of Ohio rose to announce his intention to introduce a "resolution of bereavement" and asked that the House rise for a moment of silence. The death of Representative Juanita Millender-McDonald of California, on April 22, 2007, was announced the next day by Representative Pete Stark of California, who asked for a moment of silence. Following brief consideration of other matters, the House moved to consideration and adoption of a resolution of condolence before adjourning. An announcement of the death of Representative Charles W. Norwood Jr. of Georgia, who died on February 13, 2007, after a long illness, was made to the House in the middle of debate on H.Con.Res. 63 , regarding President George W. Bush's decision to send additional military personnel to Iraq. On February 13, debate on the concurrent resolution was briefly interrupted twice to acknowledge Representative Norwood's death. Representative Ileana Ros-Lehtinen of Florida, who was recognized to speak on the pending resolution, announced Representative Norwood's death. A short time later, Representative John Nathan Deal of Georgia came to the floor on behalf of the Georgia delegation to announce Representative Norwood's death and to ask for a moment of silence.

Pursuant to House Rule XX, clause 5(d), the Speaker or Speaker pro tempore typically announces a revised whole number of the House in light of the passing of a Representative soon after the House acknowledges the Member's passing.

When a Member of the House dies during an extended period of congressional recess or adjournment, it has been the practice of the House since at least 1826 to make an announcement on the next day the chamber convened. This approach was taken when Representative Floyd Spence of South Carolina died on August 16, 2001. When the House reconvened on September 5, Speaker Dennis Hastert addressed the House to announce Representative Spence's death, that a funeral had been held, that Representative John Spratt would later offer a resolution of condolence, and that a special order in tribute to Representative Spence would be held in the future.

Representatives-Elect

Representatives-elect who died between their election and the convening of Congress have been acknowledged by the House. In 1833, news of the death of Representative-elect Thomas D. Singleton of South Carolina, while traveling to take his seat in Washington, DC, was announced. Representative Henry L. Pinckney of South Carolina, noting that while Mr. Singleton had not appeared and qualified, "it was fitting, and according to the usages of the House, to pay him the usual observances of respect." Following the adoption of a resolution of condolence, Representative Pinckney "moved an adjournment of the House, saying that he believed such to be the custom in these cases."

According to House precedents and more recent practice, recognizing deceased Representatives-elect in a manner similar to that of sitting Members also occurred in the 20 th century. On the first day of the 98 th Congress (1983-1984), the House took official notice of the death of Representative-elect Jack Swigert through an announcement of his passing by the Sergeant at Arms. Later in the day, the House adopted a resolution of condolence and appointed five Members to attend Mr. Swigert's funeral.

In addition to a resolution of condolence, discussed below, there may be other tributes to the deceased Member offered on the floor of the House. These may include one minute speeches by individual Members, or special orders dedicated to the memory of the deceased Member. Either of these approaches would be subject to House rules regarding non-legislative debate in the House.

Senate Practice

When the Senate is in session, news of the passing of a sitting Senator is often widely known when the chamber meets. Consequently, a formal floor announcement is generally not made. The death of a sitting Senator is typically acknowledged on the Senate floor in prayers offered by the chaplain, through tributes offered by other Senators, and consideration of a resolution of condolence. The Senate may continue with other business, or adjourn after acknowledging a Senator's demise. When it does adjourn, the chamber typically does so as a mark of further respect to the late Senator. Exceptions to this practice arise when news of the death of a Senator reaches the Senate while it is meeting. In those circumstances, including the deaths of Senator Paul Coverdell of Georgia on July 18, 2000, and Senator Quentin Burdick of North Dakota on September 8, 1992, the majority leader made an announcement.

Senator Craig Thomas of Wyoming died on June 4, 2007. No formal announcement of his passing was made in the Senate. When the Senate met the next day, the chaplain mentioned Senator Thomas in the opening prayer. Senator Mitch McConnell, the Republican leader, subsequently offered a tribute, followed by Majority Leader Harry Reid, who also offered a tribute, and who asked for unanimous consent to postpone previously scheduled Senate activity to later in the day so "people have the opportunity to come and speak about" Senator Thomas. Senator Reid then asked for a moment of silence in recognition of Senator Thomas. After several Senators offered tributes, the Senate resumed planned business before adopting a resolution of condolence and adjourning "as a mark of further respect to the memory of" Senator Thomas.

Similar exercises were carried out to honor Senator Paul Wellstone of Minnesota, who died in an aircraft accident while campaigning for reelection on October 27, 2002. When the Senate met October 28, it observed a moment of silence, adopted a resolution of condolence, and adjourned as a further mark of respect to Senator Wellstone's memory. On November 12, several Senators offered tributes.

Since 1807, Senators who have died during periods of recess or adjournment have been acknowledged when the Senate reconvened. The most recent sitting Senator to die during a recess was Senator Edward Moore (Ted) Kennedy of Massachusetts, who died on August 25, 2009, after an illness. When the Senate met on September 8, Senator Harry Reid of Nevada, the majority leader, asked for a moment of silence in honor of Senator Kennedy. Other Senators also offered tributes, and the Senate adopted a resolution of condolence. The Senate also set aside a period for memorial statements on September 10.

Resolutions of Condolence

The first resolution of mourning for a sitting Senator appears to have been adopted in 1806. Although the House had taken other, ad hoc actions in the early years of the nation, formal resolutions adopted in response to the death of a sitting Member date back at least to 1827. House precedents and the Senate Journal typically refer to resolutions designating the use of crape or other badges of mourning, and authorizing Members to attend funeral services. In the House it was typical to adjourn as a mark of respect for the deceased Member. House resolutions that included expressions of condolences to the family of the deceased Member appear to have been considered in some cases dating to 1864, before becoming more routine beginning around 1899.

House Practice

In current practice, the House considers a resolution expressing its condolences to the family of a deceased Member. If the House is in session, a resolution is typically introduced within a day of the Member's passing by the senior Member of the state delegation in which the deceased Member served. One hour of debate is allotted for consideration of the measure, equally divided between majority and minority, although in some cases, that time is not used if another memorial is planned under special orders at a later date. At the conclusion of debate the resolution of condolence is typically adopted by voice vote or unanimous consent. In the text of the resolution, the House notes the following:

"The House has heard with profound sorrow of the death of the Honorable ________, a Representative/Delegate/Resident Commissioner from ______" the Clerk of the House communicates these Resolutions to the Senate and transmits a copy to the family of the deceased; and upon adjournment, the House "adjourn as a further mark of respect to the memory of the deceased."

In addition, the House sometimes authorizes and directs the House Sergeant at Arms to "take such steps as may be necessary for carrying out the provisions of these resolutions and that the necessary expenses in connection therewith be paid out of the contingent fund of the House," or to appoint "a committee of such Members of the House as the Speaker may designate, together with such Members of the Senate as may be joined, be appointed to attend the funeral."

When a Representative dies, the Senate sometimes adopts a resolution of condolence. Table 1 summarizes House and Senate resolutions adopted to mark the passing of a sitting Representative since 1973.

Senate Practice

In current practice, the Senate typically considers a resolution expressing its condolences to the family of a deceased Senator and to the citizens of the state the Senator represented. The measure may be introduced by the majority leader, the minority leader, or the surviving Senator from the state the deceased Senator represented. All living, sitting Senators are listed as cosponsors. There may follow a period of debate, particularly if other tributes have not already been offered or a future tribute is scheduled. At the conclusion of debate, the resolution of condolence is typically adopted by unanimous consent. In the text of the resolution, the Senate typically includes a preamble containing various milestones of the late Senator's public career, and resolves that

"The United States Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable _____, a Senator from the State of _____"; "the Secretary of the Senate shall communicate this resolution to the House of Representatives and transmit an enrolled copy thereof to the family of Senator _____"; and "when the Senate adjourns today, it shall stand adjourned as a further mark of respect to the memory of Senator _____."

In addition to observances of record, a deceased Senator's desk in the Senate chamber may be draped in black for a brief period. Additionally, upon the death of a sitting Senator, the majority leader and minority leader may permit a display of flowers to be placed upon the desk of a deceased Senator on the day set aside for eulogies.

When a Senator dies, the House sometimes adopts a resolution of condolence. Table 2 summarizes Senate and House resolutions adopted to mark the passing of a sitting Senator since 1978.

Funeral and Disposition of Remains

Since the earliest days of the republic, some of the expenses of holding funerals of sitting Members, or the procurement of cemetery monuments, have been defrayed in part from public funds. From 1789-1801, it appears that the travel allowances of deceased Members of the House were applied to funeral costs. When Delegate Narsworthy Hunter of Mississippi Territory died on March 11, 1802, a week after the Seventh Congress (1801-1803) convened, the practice of providing a funeral at public expense was first adopted by the House. On June 5, 1809, the Senate adopted a resolution "that a sum not exceeding one hundred and fifty dollars be applied out of the contingent fund for placing a neat slab or monument with a suitable inscription" over the tomb of Senator Francis Malbone of Rhode Island, who died on March 4. On June 15, 1809, the Senate authorized the secretary of the Senate to pay the expenses of Senator Malbone's funeral, upon allowance and certification "by the committee of arrangement."

Paying for Member funerals with public funds has not been without controversy. In an 1820 remembrance of Delegate Hunter's funeral, Representative John Randolph of Virginia noted that since 1802, the practice of funding Member funerals had been "observed and abused." In 1848, the subject came up twice within a few weeks. Contrary to precedent, the tenor of those discussions was that it was unusual to pay the expenses of a Member's funeral except when it was held in Washington, DC, and that the cost of such ceremonies amounted to an average of $1,500.

In 1895, the Senate considered S. 236, to provide for disposition of the remains of deceased Members of the House and Senate who died at the Capitol during sessions. Upon the death of a sitting Member in the District of Columbia, the measure would have provided for a committee of Members from the chamber in which the deceased served to prepare the body for transport to family or friends. The measure provided for a specially appointed sergeant at arms to accompany the body to its final destination. S. 236 would have authorized payment for the preparation and transport of a deceased Member and prohibited payment on any other related expenses. In introductory remarks, the bill's sponsor, Senator William Alfred Peffer of Kansas, noted that the costs associated with Member funerals were rising and that the services themselves were "not usually conducted reverently and with that outward deportment which ... ought to characterize the bearing of eminent persons who accompany the remains of a public man." S. 236 was reported by the Committee on Civil Service, but the Senate took no further action.

Finally, some concern was expressed in 1906 after Representative Robert Adams Jr. of Pennsylvania committed suicide and left a letter for Speaker Joseph Cannon indicating that he would accept payment of his funeral expenses, but asked that the House not appoint a committee or hold memorial services.

In contemporary practice, as described below, both chambers may pay for funeral services for Members who die in office. Further, if a deceased Member is buried in the so-called Congressional Cemetery in Washington, DC, the Sergeant at Arms of the House or Senate, as appropriate, is authorized to pay for a granite monument with suitable inscriptions for the grave site.

House Practice

Subject to any rules and regulations the Committee on House Administration may prescribe, the House Sergeant at Arms is authorized and directed to make necessary arrangements for any committee of Representatives and Senators appointed by their chambers to attend the funeral of a deceased Member of the House. An official congressional delegation does not attend if the family of the deceased Member arranges for private services. The Sergeant at Arms defrays the funeral expenses of the deceased Member and the expenses of duly appointed congressional participants, the widow or widower, and minor children incurred in attending the funeral rites and burial of the deceased Member. Published, publicly available House procedures for the remains of a sitting Member of the House to lie in state in the Capitol have not been identified.

Senate Practice

While the location of any funeral service is chosen by a deceased Senator's widow, widower, or heirs, the responsibility for official arrangements, including funeral or other services, and for any committee appointed to attend services, rests with the Senate Sergeant at Arms. Costs of arrangements made by the office of Sergeant at Arms for the transportation, preparation, and disposition of the remains are paid from the contingent fund of the Senate, subject to regulations of the Committee on Rules and Administration.

If there is a request for the remains to lie in state in the Capitol Rotunda, the Senate Handbook indicates that a decision is made by the leadership of the Senate and the House, and the Architect of the Capitol. Since 1953, Congress has typically adopted a concurrent resolution authorizing the use of the Capitol Rotunda for services or for the remains of a government official or prominent citizen to lie in the Capitol. If Congress is not in session, the use of Capitol facilities has in the past been authorized by the Speaker of the House and the majority leader of the Senate. If the deceased does lie in state, the Senate Handbook notes that the Architect of the Capitol makes arrangements with the Department of Defense for an honor guard. If there is to be a ceremony at the Capitol, the Senate Sergeant at Arms makes the necessary arrangements.

Deceased Member's Office, Staff, and Survivor Benefits

House Practice

On the first business day after the death of a Member of the House, his or her office is renamed the Office of the ___ Congressional District of State/Territory. Pursuant to House Rule II, cl.2(i)(1), staff on payroll of the congressional office at the time of the Member's death remain employed by the House, and carry out their duties under the supervision of the Clerk of the House until a successor is elected.

By law, any unpaid balance of salary or other sums due to a deceased Representative or Resident Commissioner are to be paid to their beneficiaries. In addition, it has been the typical practice of the House to provide a death gratuity, equal to the Member's annual salary, payable to the deceased Member's widow or widower, or children, either in the annual legislative branch appropriations act or a measure providing supplemental funds for the legislative branch. By statute, a death gratuity is considered a gift.

Senate Practice

Employees in the personal office of a deceased sitting Senator are continued on the Senate payroll at their respective salaries for up to 60 days after the Senator's death, unless the Senator's term of office expires sooner. The Committee on Rules and Administration may extend this period in cases where it will take longer to close a deceased Senator's office. Employee duties are performed under the direction of the Secretary of the Senate.

An amount equal to one-tenth of the official office expense account portion of the Senator's Official Personnel and Office Expense Account is available to the Secretary of the Senate to defray those expenses directly related to closing a Senator's office. Expenses are paid from the Contingent Fund of the Senate as Miscellaneous Items. The Senate Financial Clerk provides information concerning allowances for the operation of the deceased Senator's office during the 60-day period.

A deceased Senator is removed from the Senate payroll as of the date of death. The Employee Benefits Section of the Senate Disbursing Office ascertains any benefits due to a beneficiary previously identified by the Senator, or the widow or widower or other relevant survivors. The Senate Handbook indicates that "[i]n the next Appropriation Bill, an item will be inserted for a gratuity to be paid to the widow(er) or other next-of-kin, in the amount of one year's compensation." By statute, a death gratuity is considered a gift.

Publication of Memorials

House Practice

At the conclusion of a Congress in which a sitting Member of the House, or former Member who served as Speaker, dies, the Government Printing Office (GPO), subject to the direction of the Joint Committee on Printing, compiles, prepares, and prints, with illustrations, a tribute book. The book contains the legislative proceedings of Congress, and the exercises at the general memorial services held in the House in tribute to the deceased Member or former Speaker, together with all relevant memorial addresses and eulogies published in the Congressional Record during the same session of Congress, and any other matter the Joint Committee considers relevant. Under the law, 50 copies, bound in full morocco, with gilt edges, and suitably lettered as may be requested, may be delivered to the family of the deceased. Further copies may be distributed to Members of Congress.

Senate Practice

The Senate may adopt a resolution ordering the printing of tributes to a deceased Senator be printed as a Senate document.

Previous Senate Observances of the Death of a Sitting Senator

Table 3 provides examples of Senate observances held to mark the passing of 28 Senators who died during their Senate service. Each Senator listed meets one or more of the following criteria:

service as President Pro Tempore of the Senate at the time of their death; laid in state in the Rotunda of the United States Capitol; inclusion as one of the "Famous Nine" Senators designated by the Senate at various times, and who died in office; or 14 of the sitting Senators whose passing was observed with services on the Senate floor during the 20 th century.

Table 3 also provides a selection of actions approved by Congress or adopted by the Senate to honor the deceased Senators.

Observances held soon after a Senator's death were sometimes held pursuant to Senate resolution in the case of services in the Senate, and concurrent resolution or bicameral agreement in the case of lying in state in the Capitol Rotunda. In other instances, observances were held in the Senate or Capitol without formal legislative action. Regardless of the formal authorization processes, it is not possible to ascertain how those decisions were made; in each case, however, it is arguable that some of the Senators expressed advanced interest in various observances to mark their deaths, or their families or staff expressed interest or approval of Senate actions after their deaths. It appears likely that any future Senate observances could be based on the following:

past Senate practices; the wishes a Senator expressed prior to his or her demise; family considerations; the intended locations of any observances; pending congressional business at the time of the Member's death; and events external to Congress.

Where procedures for observances in the Capitol Rotunda appear to be well established, the Senate floor has not been used for observances related to the death of a sitting Senator in more than 50 years. Questions related to security, crowd control, and the preservation of furniture, artwork, and other fixtures may arise if proposed observances include exercises in the Senate chamber.

In addition to any observances that might be held in Washington, DC, services may be held in the state a deceased Senator represented, and might include the following activities:

public or private viewing or calling hours; lying in honor in the state capitol, land grant university, or significant federal facility created during the Senator's term of office; public or private funeral or memorial services; funeral procession; and interment or inurnment.

As with Washington, DC-based observances, Senate participation will likely be determined in consultation with the family of the deceased.