This bill provides for the removal of certain statues and busts from display in the Capitol.
The bill directs the Joint Committee on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court chamber of the Capitol and replace it with a bust of Thurgood Marshall.
The committee must remove the statues of Charles Brantley Aycock, John Caldwell Calhoun, and James Paul Clarke and the bust of John Cabell Breckinridge from areas of the Capitol accessible to the public. The Architect of the Capitol (AOC) must store the statues and bust until it arranges their return to the states that provided them.
Additionally, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7573 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7573
To direct the Architect of the Capitol 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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2020
Mr. Hoyer (for himself, Ms. Lee of California, Mr. Clyburn, Ms. Bass,
Mr. Thompson of Mississippi, and Mr. Butterfield) introduced the
following bill; which was referred to the Committee on House
Administration
_______________________________________________________________________
A BILL
To direct the Architect of the Capitol 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPLACEMENT OF BUST OF ROGER BROOKE TANEY WITH BUST OF
THURGOOD MARSHALL.
(a) Findings.--Congress finds the following:
(1) While sitting in the United States Capitol, the Supreme
Court issued the infamous Dred Scott v. Sandford decision on
March 6, 1857. Written by Chief Justice Roger Brooke Taney,
whose bust sits inside the entrance to the Old Supreme Court
Chamber in the United States Capitol, this opinion declared
that African Americans were not citizens of the United States
and could not sue in Federal courts. This decision further
declared that Congress did not have the authority to prohibit
slavery in the territories.
(2) Chief Justice Roger Brooke Taney's authorship of Dred
Scott v. Sandford, the effects of which would only be
overturned years later by the ratification of the 13th, 14th,
and 15th Amendments to the Constitution of the United States,
renders a bust of his likeness unsuitable for the honor of
display to the many visitors to the United States Capitol.
(3) As Frederick Douglass said of this decision in May
1857, ``This infamous decision of the Slaveholding wing of the
Supreme Court maintains that slaves are within the
contemplation of the Constitution of the United States,
property; that slaves are property in the same sense that
horses, sheep, and swine are property; that the old doctrine
that slavery is a creature of local law is false; that the
right of the slaveholder to his slave does not depend upon the
local law, but is secured wherever the Constitution of the
United States extends; that Congress has no right to prohibit
slavery anywhere; that slavery may go in safety anywhere under
the star-spangled banner; that colored persons of African
descent have no rights that white men are bound to respect;
that colored men of African descent are not and cannot be
citizens of the United States.''.
(4) While the removal of Chief Justice Roger Brooke Taney's
bust from the United States Capitol does not relieve the
Congress of the historical wrongs it committed to protect the
institution of slavery, it expresses Congress's recognition of
one of the most notorious wrongs to have ever taken place in
one of its rooms, that of Chief Justice Roger Brooke Taney's
Dred Scott v. Sandford decision.
(b) Removal of Bust of Roger Brooke Taney.--Not later than 30 days
after the date of the enactment of this Act, the Architect of the
Capitol shall remove the bust of Roger Brooke Taney in the Old Supreme
Court Chamber of the United States Capitol.
(c) Replacement With Bust of Thurgood Marshall.--
(1) Obtaining bust.--Not later than 2 years after the date
of the enactment of this Act, the Joint Committee on the
Library shall enter into an agreement to obtain a bust of
Thurgood Marshall, under such terms and conditions as the Joint
Committee considers appropriate consistent with applicable law.
(2) Placement.--The Joint Committee on the Library shall
place the bust obtained under paragraph (1) in the location in
the Old Supreme Court Chamber of the United States Capitol
where the bust of Roger Brooke Taney was located prior to
removal by the Architect of the Capitol under subsection (b).
SEC. 2. REMOVAL OF CERTAIN STATUES.
(a) Removal.--Not later than 30 days after the date of the
enactment of this Act, the Architect of the Capitol shall remove the
statue of Charles Brantley Aycock, the statute of John Caldwell
Calhoun, and the statue of James Paul Clarke from any area of the
United States Capitol which is accessible to the public.
(b) Storage of Statues.--The Architect of the Capitol shall keep
any statue removed under subsection (a) in storage until the Architect
and the State which provided the statue arrange for the return of the
statue to the State.
SEC. 3. REQUIREMENTS AND REMOVAL PROCEDURES FOR STATUES IN NATIONAL
STATUARY HALL.
(a) Requirements.--Section 1814 of the Revised Statutes (2 U.S.C.
2131) is amended by inserting ``(other than persons who served as an
officer or voluntarily with the Confederate States of America or of the
military forces or government of a State while the State was in
rebellion against the United States)'' after ``military services''.
(b) Statue Removal Procedures.--
(1) In general.--The Architect of the Capitol shall--
(A) identify all statues on display in the United
States Capitol that do not meet the requirements of
section 1814 of the Revised Statutes (2 U.S.C. 2131),
as amended by subsection (a); and
(B) subject to the approval of the Joint Committee
of Congress on the Library, arrange for the removal of
each such statue from the Capitol by not later than 120
days after the date of enactment of this Act.
(2) Removal and return of statues.--
(A) In general.--Subject to subparagraph (C), the
Architect of the Capitol shall arrange to transfer and
deliver any statue that is removed under this
subsection to the Smithsonian Institution.
(B) Storage or display of statues.--The Board of
Regents of the Smithsonian Institution shall follow the
policies and procedures of the Smithsonian Institution,
as in effect on the day before the date of enactment of
this Act, regarding the storage and display of any
statue transferred under subparagraph (A).
(C) State requests.--A statue provided for display
by a State that is removed under this subsection shall
be returned to the State, and the ownership of the
statue transferred to the State, if the State so
requests and agrees to pay any costs related to the
transportation of the statue to the State.
(3) Replacement of statues.--A State that has a statue
removed under this subsection shall be able to replace such
statue in accordance with the requirements and procedures of
section 1814 of the Revised Statutes (2 U.S.C. 2131) and
section 311 of the Legislative Branch Appropriations Act, 2001
(2 U.S.C. 2132).
(4) Authorization and appropriations.--
(A) In general.--There are appropriated for the
fiscal year ending September 30, 2021, out of any money
in the Treasury not otherwise appropriated, $5,000,000
to carry out this section, including the costs related
to the removal, transfer, security, storage, and
display of the statues described in paragraph (1)(A),
of which--
(i) $2,000,000 shall be made available to
the Architect of the Capitol; and
(ii) $3,000,000 shall be made available to
the Smithsonian Institution.
(B) Availability.--Amounts appropriated under
subparagraph (A) shall remain available until expended.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts appropriated under section 3(b)(4),
there are authorized to be appropriated such sums as may be necessary
to carry out this Act, and any amounts so appropriated shall remain
available until expended.
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Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
ORDER OF PROCEDURE - Mr. Butterfield asked unanimous consent that debate under claue 1(c) of rule XV on the motion to suspend the rules relating to H.R. 7573 be extended to one hour. Agreed to without objection.
Mr. Butterfield moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3657-3665)
DEBATE - Pursuant to the order of the House of today, the House proceeded with one hour of debate on H.R. 7573.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3668)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 305 - 113 (Roll no. 156).(text: CR H3658)
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On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 305 - 113 (Roll no. 156). (text: CR H3658)
Roll Call #156 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.