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.

II 116TH CONGRESS 2D SESSION H. R. 7573 IN THE SENATE OF THE UNITED STATES JULY 23, 2020 Received 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 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 2 HR 7573 RDS 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 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 3 HR 7573 RDS (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 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 4 HR 7573 RDS (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. REMOVAL OF CERTAIN STATUES AND BUST. 21 (a) REMOVAL.—Not later than 45 days after the date 22 of the enactment of this Act, the Joint Committee on the 23 Library shall remove the statue of Charles Brantley 24 Aycock, the statue of John Caldwell Calhoun, the statue 25 VerDate Sep 11 2014 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 5 HR 7573 RDS of James Paul Clarke, and the bust of John Cabell Breck- 1 inridge from any area of the United States Capitol which 2 is accessible to the public. 3 (b) STORAGE OF STATUES.—The Architect of the 4 Capitol shall keep any statue and bust removed under sub- 5 section (a) in storage until the Architect and the State 6 which provided the statue or bust arrange for the return 7 of the statue or bust to the State. 8 SEC. 3. REQUIREMENTS AND REMOVAL PROCEDURES FOR 9 STATUES IN NATIONAL STATUARY HALL. 10 (a) REQUIREMENTS.—Section 1814 of the Revised 11 Statutes (2 U.S.C. 2131) is amended by inserting ‘‘(other 12 than persons who served as an officer or voluntarily with 13 the Confederate States of America or of the military forces 14 or government of a State while the State was in rebellion 15 against the United States)’’ after ‘‘military services’’. 16 (b) STATUE REMOVAL PROCEDURES.— 17 (1) IN GENERAL.— 18 (A) IDENTIFICATION BY ARCHITECT OF 19 THE CAPITOL.—The Architect of the Capitol 20 shall identify all statues on display in the 21 United States Capitol that do not meet the re- 22 quirements of section 1814 of the Revised Stat- 23 utes (2 U.S.C. 2131), as amended by subsection 24 (a); and 25 VerDate Sep 11 2014 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 6 HR 7573 RDS (B) REMOVAL BY JOINT COMMITTEE ON 1 THE LIBRARY.—The Joint Committee on the 2 Library shall arrange for the removal of each 3 statue identified by the Architect of the Capitol 4 under subparagraph (B) from the Capitol by 5 not later than 120 days after the date of enact- 6 ment of this Act. 7 (2) REMOVAL AND RETURN OF STATUES.— 8 (A) IN GENERAL.—Subject to subpara- 9 graph (C), the Architect of the Capitol shall ar- 10 range to transfer and deliver any statue that is 11 removed under this subsection to the Smithso- 12 nian Institution. 13 (B) STORAGE OR DISPLAY OF STATUES.— 14 The Board of Regents of the Smithsonian Insti- 15 tution shall follow the policies and procedures 16 of the Smithsonian Institution, as in effect on 17 the day before the date of enactment of this 18 Act, regarding the storage and display of any 19 statue transferred under subparagraph (A). 20 (C) STATE REQUESTS.—A statue provided 21 for display by a State that is removed under 22 this subsection shall be returned to the State, 23 and the ownership of the statue transferred to 24 the State, if the State so requests and agrees 25 VerDate Sep 11 2014 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 7 HR 7573 RDS to pay any costs related to the transportation of 1 the statue to the State. 2 (3) REPLACEMENT OF STATUES.—A State that 3 has a statue removed under this subsection shall be 4 able to replace such statue in accordance with the 5 requirements and procedures of section 1814 of the 6 Revised Statutes (2 U.S.C. 2131) and section 311 of 7 the Legislative Branch Appropriations Act, 2001 (2 8 U.S.C. 2132). 9 (4) AUTHORIZATION AND APPROPRIATIONS.— 10 (A) IN GENERAL.—There are appropriated 11 for the fiscal year ending September 30, 2021, 12 out of any money in the Treasury not otherwise 13 appropriated, $5,000,000 to carry out this sec- 14 tion, including the costs related to the removal, 15 transfer, security, storage, and display of the 16 statues described in paragraph (1)(A), of 17 which— 18 (i) $2,000,000 shall be made available 19 to the Architect of the Capitol; and 20 (ii) $3,000,000 shall be made avail- 21 able to the Smithsonian Institution. 22 (B) AVAILABILITY.—Amounts appro- 23 priated under subparagraph (A) shall remain 24 available until expended. 25 VerDate Sep 11 2014 22:57 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7573.RDS H7573 kjohnson on DSK79L0C42PROD with BILLS 8 HR 7573 RDS SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 1 In addition to the amounts appropriated under sec- 2 tion 3(b)(4), there are authorized to be appropriated such 3 sums as may be necessary to carry out this Act, and any 4 amounts so appropriated shall remain available until ex- 5 pended. 6 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 7 The budgetary effects of this Act, for the purpose of 8 complying with the Statutory Pay-As-You-Go Act of 2010, 9 shall be determined by reference to the latest statement 10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 11 Act, submitted for printing in the Congressional Record 12 by the Chairman of the House Budget Committee, pro- 13 vided that such statement has been submitted prior to the 14 vote on passage. 15 Passed the House of Representatives July 22, 2020. Attest: CHERYL L. JOHNSON, Clerk. By ROBERT F. REEVES, Deputy Clerk. 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