To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the United States Capitol with a bust of Thurgood Marshall to be obtained by the Joint Committee on the Library and to remove certain statues from areas of the United States Capitol which are accessible to the public, to remove all statues of individuals who voluntarily served the Confederate States of America from display in the United States Capitol, and for other purposes.

IIB 117TH CONGRESS 2D SESSION H. R. 3005 IN THE SENATE OF THE UNITED STATES JULY 12, 2021 Received MAY 24, 2022 Read twice and referred to the Committee on Rules and Administration AN ACT To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the United States Capitol with a bust of Thurgood Marshall to be obtained by the Joint Committee on the Library and to remove certain statues from areas of the United States Capitol which are acces- sible to the public, to remove all statues of individuals who voluntarily served the Confederate States of America from display in the United States Capitol, and for other purposes. VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 2 HR 3005 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. REPLACEMENT OF BUST OF ROGER BROOKE 3 TANEY WITH BUST OF THURGOOD MAR- 4 SHALL. 5 (a) FINDINGS.—Congress finds the following: 6 (1) While sitting in the United States Capitol, 7 the Supreme Court issued the infamous Dred Scott 8 v. Sandford decision on March 6, 1857. Written by 9 Chief Justice Roger Brooke Taney, whose bust sits 10 inside the entrance to the Old Supreme Court 11 Chamber in the United States Capitol, this opinion 12 declared that African Americans were not citizens of 13 the United States and could not sue in Federal 14 courts. This decision further declared that Congress 15 did not have the authority to prohibit slavery in the 16 territories. 17 (2) Chief Justice Roger Brooke Taney’s author- 18 ship of Dred Scott v. Sandford, the effects of which 19 would only be overturned years later by the ratifica- 20 tion of the 13th, 14th, and 15th Amendments to the 21 Constitution of the United States, renders a bust of 22 his likeness unsuitable for the honor of display to 23 the many visitors to the United States Capitol. 24 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 3 HR 3005 RFS (3) As Frederick Douglass said of this decision 1 in May 1857, ‘‘This infamous decision of the Slave- 2 holding wing of the Supreme Court maintains that 3 slaves are within the contemplation of the Constitu- 4 tion of the United States, property; that slaves are 5 property in the same sense that horses, sheep, and 6 swine are property; that the old doctrine that slavery 7 is a creature of local law is false; that the right of 8 the slaveholder to his slave does not depend upon 9 the local law, but is secured wherever the Constitu- 10 tion of the United States extends; that Congress has 11 no right to prohibit slavery anywhere; that slavery 12 may go in safety anywhere under the star-spangled 13 banner; that colored persons of African descent have 14 no rights that white men are bound to respect; that 15 colored men of African descent are not and cannot 16 be citizens of the United States.’’. 17 (4) While the removal of Chief Justice Roger 18 Brooke Taney’s bust from the United States Capitol 19 does not relieve the Congress of the historical 20 wrongs it committed to protect the institution of 21 slavery, it expresses Congress’s recognition of one of 22 the most notorious wrongs to have ever taken place 23 in one of its rooms, that of Chief Justice Roger 24 Brooke Taney’s Dred Scott v. Sandford decision. 25 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 4 HR 3005 RFS (b) REMOVAL OF BUST OF ROGER BROOKE 1 TANEY.—Not later than 45 days after the date of the en- 2 actment of this Act, the Joint Committee on the Library 3 shall remove the bust of Roger Brooke Taney in the Old 4 Supreme Court Chamber of the United States Capitol. 5 (c) REPLACEMENT WITH BUST OF THURGOOD MAR- 6 SHALL.— 7 (1) OBTAINING BUST.—Not later than 2 years 8 after the date of the enactment of this Act, the Joint 9 Committee on the Library shall enter into an agree- 10 ment to obtain a bust of Thurgood Marshall, under 11 such terms and conditions as the Joint Committee 12 considers appropriate consistent with applicable law. 13 (2) PLACEMENT.—The Joint Committee on the 14 Library shall place the bust obtained under para- 15 graph (1) in the location in the Old Supreme Court 16 Chamber of the United States Capitol where the 17 bust of Roger Brooke Taney was located prior to re- 18 moval by the Architect of the Capitol under sub- 19 section (b). 20 SEC. 2. REQUIREMENTS AND REMOVAL PROCEDURES FOR 21 STATUES IN NATIONAL STATUARY HALL. 22 (a) REQUIREMENTS.—Section 1814 of the Revised 23 Statutes (2 U.S.C. 2131) is amended by inserting ‘‘(other 24 than persons who served voluntarily in the military forces 25 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 5 HR 3005 RFS or government of the Confederate States of America or 1 in the military forces or government of a State while the 2 State was in rebellion against the United States)’’ after 3 ‘‘military services’’. 4 (b) STATUE REMOVAL PROCEDURES.— 5 (1) IN GENERAL.— 6 (A) IDENTIFICATION BY ARCHITECT OF 7 THE CAPITOL.—The Architect of the Capitol 8 shall identify all statues on display in the 9 United States Capitol that do not meet the re- 10 quirements of section 1814 of the Revised Stat- 11 utes (2 U.S.C. 2131), as amended by subsection 12 (a). 13 (B) REMOVAL BY JOINT COMMITTEE ON 14 THE LIBRARY.—The Joint Committee on the 15 Library shall arrange for the removal of each 16 statue identified by the Architect of the Capitol 17 under subparagraph (A) from any area of the 18 United States Capitol which is accessible to the 19 public by not later than 120 days after the date 20 of the enactment of this Act. 21 (2) RETURN OF STATUES.—A statue which is 22 removed under this subsection and which was pro- 23 vided for display by a State shall be returned to the 24 State, and the ownership of the statue transferred to 25 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 6 HR 3005 RFS the State, if the State so requests and agrees to pay 1 any costs related to the transportation of the statue 2 to the State. 3 (3) REPLACEMENT OF STATUES.—A State that 4 has a statue removed under this subsection may re- 5 place such statue in accordance with the require- 6 ments and procedures of section 1814 of the Revised 7 Statutes (2 U.S.C. 2131) and section 311 of the 8 Legislative Branch Appropriations Act, 2001 (2 9 U.S.C. 2132). 10 (c) STORAGE.—The Architect of the Capitol shall 11 keep any statue removed under this section in storage 12 pending the return of the statue to the State. 13 SEC. 3. REMOVAL OF CERTAIN OTHER STATUES AND 14 BUSTS. 15 (a) CONFEDERATE STATUES AND BUSTS.— 16 (1) REMOVAL.—Not later than 45 days after 17 the date of the enactment of this Act, the Joint 18 Committee on the Library, together with the Cura- 19 tor of the House of Representatives or the Curator 20 of the Senate (as the case may be), shall remove all 21 Confederate statues and Confederate busts from any 22 area of the United States Capitol which is accessible 23 to the public. 24 (2) DEFINITIONS.— 25 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 7 HR 3005 RFS (A) CONFEDERATE STATUE.—In this sub- 1 section, the term ‘‘Confederate statue’’ means a 2 statue which was provided by a State for dis- 3 play in the United States Capitol that depicts— 4 (i) any individual who served volun- 5 tarily at any time as a member of the 6 Armed Forces of the Confederate States of 7 America or of the military of a State while 8 the State was in open rebellion against the 9 United States; or 10 (ii) any individual who served as an 11 official of the Government of the Confed- 12 erate States of America or as an official of 13 a State while the State was in open rebel- 14 lion against the United States. 15 (B) CONFEDERATE BUST.—In this sub- 16 section, the term ‘‘Confederate bust’’ means a 17 bust which depicts an individual described in 18 clause (i) or (ii) of subparagraph (A). 19 (b) OTHER STATUES.—Not later than 45 days after 20 the date of the enactment of this Act, the Joint Committee 21 on the Library shall remove the statue of Charles Brantley 22 Aycock, the statue of John Caldwell Calhoun, and the 23 statue of James Paul Clarke from any area of the United 24 State Capitol which is accessible to the public. 25 VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS 8 HR 3005 RFS (c) STORAGE.—The Architect of the Capitol shall 1 keep any statue or bust removed under this section in stor- 2 age. 3 (d) EXCLUSION OF STATUES SUBJECT TO OTHER 4 REMOVAL PROCEDURES.—This subsection does not apply 5 with respect to any statue which is subject to removal 6 under section 2. 7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 8 There are authorized to be appropriated such sums 9 as may be necessary to carry out this Act, and any 10 amounts so appropriated shall remain available until ex- 11 pended. 12 Passed the House of Representatives June 29, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 01:44 May 25, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3005.RFS H3005 kjohnson on DSK79L0C42PROD with BILLS