Senators Who Die In Office: History and Current Practices

Senators Who Die In Office: History and Current Practices

May 1, 2023
Senators Who Die In Office: History and Current Practices
Since 1789, 301 Senators have died in office. When a
 funeral;
sitting Member dies, the Senate and House of
 deceased Member’s office, staff, and survivor benefits;
Representatives carry out a number of actions based in part
and
on chamber rules, statutes, long-standing practices, and
other variables extant at the time of the Senator’s demise.
 publication of memorials.
Some congressional practices related to the death of a
Floor Announcement or
sitting Member predate the national legislature established
Acknowledgment of a Senator’s Death
by the Constitution. On October 23, 1775, the Continental
When the Senate is in session, news of the passing of a
Congress, sitting in Philadelphia, was informed that Peyton
sitting Senator is often widely known when the chamber
Randolph, a Delegate from Virginia and President of the
meets, so a formal floor announcement is generally not
Continental Congress, had died the day before, and resolved
made. The death of a sitting Senator has been
that its Members would attend the funeral and observe a
acknowledged on the Senate floor in prayers offered by the
month’s mourning.
chaplain, through tributes offered by other Senators, and
through consideration of a resolution of condolence. The
During the First Congress (1789-1791), the first instance of
Senate has continued with other business, or adjourned after
the death of a sitting Senator occurred. Senator William
acknowledging a Senator’s demise. When it does adjourn,
Grayson of Virginia died on March 12, 1790. In the 19th
the chamber has typically done so as a mark of further
century, Congress adopted the practice of paying some of
respect to the late Senator. Exceptions to this practice arise
the expenses of funeral services for sitting Senators.
when news of the death of a Senator reaches the Senate
Services were sometimes held in the Senate chamber. When
while it is meeting. In those circumstances, including the
services or interments were not held in Washington, DC, it
deaths of Senator Paul Coverdell of Georgia on July 18,
was the practice of both chambers to appoint a committee
2000, and Senator Quentin Burdick of North Dakota on
of Members to escort the remains of a deceased colleague
September 8, 1992, the majority leader made an
to their final destination.
announcement.
In contemporary times, Senate rules and statutes set out
Senator John Sidney McCain III died on August 25, 2018,
some of the congressional response to the death of a sitting
and was the most recent Senator to die while serving in
Senator. Some long-standing observances, such as
office. No formal announcement of his passing was made in
adjourning briefly as a mark of respect to the deceased,
the Senate. When the Senate came into session on August
appointing Member delegations to attend funerals of
27, Senator Mitch McConnell, then Majority Leader,
deceased colleagues, or paying the costs of a funeral from
offered a tribute, followed by then-Minority Leader Charles
public funds, may be employed. It appears that
Schumer, who also offered a tribute, before the Senate
contemporary congressional response is affected by a
moved on to other business. Throughout the day, several
number of external factors, including the following:
Senators offered additional tributes, among other chamber
activity. Senator McCain lay in state in the Capitol Rotunda
 circumstances of the Member’s death;
on August 31, 2018.
 preferences of the deceased Member, or the Member’s
Another recent example of a Senator dying while in office
family, regarding funeral services;
is Senator Frank Raleigh Lautenberg, who died on June 3,
 whether Congress is in session when the Member dies;
2013. No formal announcement of his passing was made in

the Senate. When the Senate met that day, the chaplain
pending congressional business at the time of the
Member’s death; and
mentioned Senator Lautenberg in the opening prayer.

Majority Leader Harry Reid asked for a moment of silence
 events external to Congress.
and also offered a tribute. Throughout the day, as regular
business proceeded, several Senators offered tributes.
Consequently, a congressional response to the death of a
Senator Lautenberg lay in state in the Senate on June 6,
sitting Member could be characterized as a set of actions
2013.
that are determined in detail at or around the time of the
death, in response to an array of factors. Generally, these
Since at least 1807, Senators who have died during periods
actions fall into five categories:
of recess or adjournment have been acknowledged when the
Senate reconvened. The most recent sitting Senator to die
 floor announcement or acknowledgment;
during a recess was Senator Edward Moore (Ted) Kennedy

of Massachusetts, who died on August 25, 2009. When the
resolution of condolence;
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Senators Who Die In Office: History and Current Practices
Senate met on September 8, the Senate chaplain mentioned
resolution authorizing the use of the Capitol Rotunda for
Senator Kennedy in the opening prayer. Thereafter,
services or for the remains of a government official or
Majority Leader Harry Reid asked for a moment of silence,
prominent citizen to lie in the Capitol. If Congress is not in
before he and Minority Leader Mitch McConnell offered
session, the use of Capitol facilities has in the past been
tributes. Later that day, the Senate adopted a resolution of
authorized by the Speaker of the House and the majority
condolence, and a number of Senators delivered tributes on
leader of the Senate. If the deceased does lie in state, the
September 10.
Architect of the Capitol makes arrangements with the
Department of Defense for an honor guard. If there is to be
Resolutions of Condolence
a ceremony at the Capitol, or lying in state or related
The first publicly available resolution of mourning for a
ceremony in the Senate, the Senate Sergeant at Arms makes
sitting Senator appears to have been adopted in 1806. In
the necessary arrangements.
current practice, the Senate typically considers a resolution
expressing its condolences to the family of a deceased
Deceased Member’s Office, Staff, and
Senator. The measure may be introduced by the majority
Survivor Benefits
leader, the minority leader, or the surviving Senator from
Employees in the personal office of a deceased sitting
the state the deceased Senator represented. All living,
Senator are continued on the Senate payroll at their
sitting Senators are listed as cosponsors. There may follow
respective salaries for up to 60 days after the Senator’s
a period of debate, particularly if other tributes have not
death, unless the Senator’s term of office expires sooner.
already been offered or a future tribute is scheduled. At the
Employee duties are performed under the direction of the
conclusion of debate, the resolution of condolence is
Secretary of the Senate.
typically adopted by unanimous consent.
A deceased Senator is removed from the Senate payroll as
In addition to observances of record, a deceased Senator’s
of the date of death. The Employee Benefits Section of the
desk in the Senate chamber may be draped in black for a
Senate Disbursing Office ascertains any benefits due to a
brief period. Additionally, upon the death of a sitting
beneficiary previously identified by the Senator, or the
Senator, the majority leader and minority leader may permit
widow or widower or other relevant survivors. In the next
a display of flowers to be placed upon the desk of a
appropriations bill, an item is typically inserted for a
deceased Senator on the day set aside for eulogies.
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
When a Senator dies, the House sometimes adopts a
gratuity is considered a gift. For more information on death
resolution of condolence. CRS Report RL34347, Members
gratuities, House and Senate offices may request a copy of
of Congress Who Die in Office: Historic and Current
the Congressional Research Service congressional
Practices summarizes Senate and House resolutions
distribution memorandum, “Gratuity Payments for
adopted to mark the passing of a sitting Senator since 1973.
Members of Congress Who Die in Office: Historical
Practice.”
Funeral and Disposition of Remains
Since the earliest days of the republic, some of the expenses
Publication of Memorials
of holding funerals for sitting Members, or the procurement
The Senate may adopt a resolution ordering that tributes to
of cemetery monuments, have been defrayed in part from
a deceased Senator be printed as a Senate document.
public funds. In contemporary practice, the Senate may pay
for funeral services for Senators who die in office. While
Further Information for Congress
the location of any funeral service is chosen by a deceased
House and Senate offices seeking more information about
Senator’s widow, widower, or heirs, the responsibility for
observances and policy matters related to the death of a
official arrangements, including funeral or other services,
sitting Senator may request a copy of the Congressional
and for any committee appointed to attend services, rests
Research Service congressional distribution memorandum,
with the Senate Sergeant at Arms. Costs of arrangements
“Senators Who Die in Office: Historic and Current
for the transportation, preparation, and disposition of the
Practices, and Policy Issues.”
remains are paid from the contingent fund of the Senate,
subject to regulations of the Committee on Rules and
R. Eric Petersen, Specialist in American National
Administration.
Government
Jennifer E. Manning, Senior Research Librarian
If there is a request for the remains to lie in state in the
Tyler L. Wolanin, Research Assistant
Capitol Rotunda, a decision is made by the leadership of the
Senate and the House, and the Architect of the Capitol.
IF12393
Since 1953, Congress has typically adopted a concurrent

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Senators Who Die In Office: History and Current Practices

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