A bill to direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the 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 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 Capitol, and for other purposes.

II 116TH CONGRESS 2D SESSION S. 4382 To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the 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 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 Capitol, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 30, 2020 Mr. CARDIN (for himself, Mr. VAN HOLLEN, and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the 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 Capitol which are accessible to the public, to remove all statues of individuals who voluntarily served the Con- federate States of America from display in the Capitol, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4382 IS SECTION 1. REPLACEMENT OF BUST OF ROGER BROOKE 1 TANEY WITH BUST OF THURGOOD MAR- 2 SHALL. 3 (a) FINDINGS.—Congress finds the following: 4 (1) While sitting in the Capitol, the Supreme 5 Court issued the infamous Dred Scott v. Sandford 6 decision on March 6, 1857. Written by Chief Justice 7 Roger Brooke Taney, whose bust sits inside the en- 8 trance to the Old Supreme Court Chamber in the 9 Capitol, this opinion declared that African Ameri- 10 cans were not citizens of the United States and 11 could not sue in Federal courts. This decision fur- 12 ther declared that Congress did not have the author- 13 ity to prohibit slavery in the territories. 14 (2) Chief Justice Roger Brooke Taney’s author- 15 ship of Dred Scott v. Sandford, the effects of which 16 would only be overturned years later by the ratifica- 17 tion of the 13th, 14th, and 15th Amendments to the 18 Constitution of the United States, renders a bust of 19 his likeness unsuitable for the honor of display to 20 the many visitors to the Capitol. 21 (3) As Frederick Douglass said of this decision 22 in May 1857, ‘‘This infamous decision of the Slave- 23 holding wing of the Supreme Court maintains that 24 slaves are within the contemplation of the Constitu- 25 tion of the United States, property; that slaves are 26 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4382 IS property in the same sense that horses, sheep, and 1 swine are property; that the old doctrine that slavery 2 is a creature of local law is false; that the right of 3 the slaveholder to his slave does not depend upon 4 the local law, but is secured wherever the Constitu- 5 tion of the United States extends; that Congress has 6 no right to prohibit slavery anywhere; that slavery 7 may go in safety anywhere under the star-spangled 8 banner; that colored persons of African descent have 9 no rights that white men are bound to respect; that 10 colored men of African descent are not and cannot 11 be citizens of the United States.’’. 12 (4) While the removal of Chief Justice Roger 13 Brooke Taney’s bust from the Capitol does not re- 14 lieve the Congress of the historical wrongs it com- 15 mitted to protect the institution of slavery, it ex- 16 presses Congress’s recognition of one of the most no- 17 torious wrongs to have ever taken place in one of its 18 rooms, that of Chief Justice Roger Brooke Taney’s 19 Dred Scott v. Sandford decision. 20 (b) REMOVAL OF BUST OF ROGER BROOKE 21 TANEY.—Not later than 45 days after the date of enact- 22 ment of this Act, the Joint Committee on the Library shall 23 remove the bust of Roger Brooke Taney that is in the Old 24 Supreme Court Chamber of the Capitol. 25 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4382 IS (c) REPLACEMENT WITH BUST OF THURGOOD MAR- 1 SHALL.— 2 (1) OBTAINING BUST.—Not later than 2 years 3 after the date of enactment of this Act, the Joint 4 Committee on the Library shall enter into an agree- 5 ment to obtain a bust of Thurgood Marshall, under 6 such terms and conditions as the Joint Committee 7 considers appropriate consistent with applicable law. 8 (2) PLACEMENT.—The Joint Committee on the 9 Library shall place the bust obtained under para- 10 graph (1) in the location in the Old Supreme Court 11 Chamber of the Capitol where the bust of Roger 12 Brooke Taney was located prior to removal under 13 subsection (b). 14 SEC. 2. REMOVAL OF CERTAIN STATUES AND BUST. 15 (a) REMOVAL.—Not later than 45 days after the date 16 of the enactment of this Act, the Joint Committee on the 17 Library shall remove the statue of Charles Brantley 18 Aycock, the statue of John Caldwell Calhoun, the statue 19 of James Paul Clarke, and the bust of John Cabell Breck- 20 inridge from any area of the Capitol which is accessible 21 to the public. 22 (b) STORAGE OF STATUES.—The Architect of the 23 Capitol shall keep any statue and bust removed under sub- 24 section (a) in storage until the Architect and the State 25 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4382 IS which provided the statue or bust arrange for the return 1 of the statue or bust to the State. 2 SEC. 3. REQUIREMENTS AND REMOVAL PROCEDURES FOR 3 STATUES IN NATIONAL STATUARY HALL. 4 (a) REQUIREMENTS.—Section 1814 of the Revised 5 Statutes (2 U.S.C. 2131) is amended by inserting ‘‘(other 6 than persons who served as an officer or voluntarily served 7 in any other position in the Confederate States of America 8 or in the military forces or government of a State while 9 the State was in rebellion against the United States)’’ 10 after ‘‘military services’’. 11 (b) STATUE REMOVAL PROCEDURES.— 12 (1) IN GENERAL.— 13 (A) IDENTIFICATION BY ARCHITECT OF 14 THE CAPITOL.—The Architect of the Capitol 15 shall identify all statues on display in the Cap- 16 itol that do not meet the requirements of sec- 17 tion 1814 of the Revised Statutes (2 U.S.C. 18 2131), as amended by subsection (a). 19 (B) REMOVAL BY JOINT COMMITTEE ON 20 THE LIBRARY.—The Joint Committee on the 21 Library shall arrange for the removal of each 22 statue identified by the Architect of the Capitol 23 under subparagraph (A) from the Capitol by 24 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4382 IS not later than 120 days after the date of enact- 1 ment of this Act. 2 (2) REMOVAL AND RETURN OF STATUES.— 3 (A) IN GENERAL.—Subject to subpara- 4 graph (C), the Architect of the Capitol shall ar- 5 range to transfer and deliver any statue that is 6 removed under this subsection to the Smithso- 7 nian Institution. 8 (B) STORAGE OR DISPLAY OF STATUES.— 9 The Board of Regents of the Smithsonian Insti- 10 tution shall follow the policies and procedures 11 of the Smithsonian Institution, as in effect on 12 the day before the date of enactment of this 13 Act, regarding the storage and display of any 14 statue transferred under subparagraph (A). 15 (C) STATE REQUESTS.—A statue provided 16 for display by a State that is removed under 17 this subsection shall be returned to the State, 18 and the ownership of the statue transferred to 19 the State, if the State so requests and agrees 20 to pay any costs related to the transportation of 21 the statue to the State. 22 (3) REPLACEMENT OF STATUES.—A State that 23 has a statue removed under this subsection shall be 24 able to replace such statue in accordance with the 25 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4382 IS requirements and procedures of section 1814 of the 1 Revised Statutes (2 U.S.C. 2131) and section 311 of 2 the Legislative Branch Appropriations Act, 2001 (2 3 U.S.C. 2132). 4 (4) AUTHORIZATION AND APPROPRIATIONS.— 5 (A) IN GENERAL.—There are appropriated 6 for the fiscal year ending September 30, 2021, 7 out of any money in the Treasury not otherwise 8 appropriated, $5,000,000 to carry out this sec- 9 tion, including the costs related to the removal, 10 transfer, security, storage, and display of the 11 statues described in paragraph (1)(A), of 12 which— 13 (i) $2,000,000 shall be made available 14 to the Architect of the Capitol; and 15 (ii) $3,000,000 shall be made avail- 16 able to the Smithsonian Institution. 17 (B) AVAILABILITY.—Amounts appro- 18 priated under subparagraph (A) shall remain 19 available until expended. 20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 21 In addition to the amounts appropriated under sec- 22 tion 3(b)(4), there are authorized to be appropriated such 23 sums as may be necessary to carry out this Act, and any 24 VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4382 IS amounts so appropriated shall remain available until ex- 1 pended. 2 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 3 The budgetary effects of this Act, for the purpose of 4 complying with the Statutory Pay-As-You-Go Act of 2010, 5 shall be determined by reference to the latest statement 6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 7 Act, submitted for printing in the Congressional Record 8 by the Chairman of the Senate Budget Committee, pro- 9 vided that such statement has been submitted prior to the 10 vote on passage. 11 Æ VerDate Sep 11 2014 20:40 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4382.IS S4382 pamtmann on DSKBC07HB2PROD with BILLS