[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2366 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2366

To direct the Joint Committee of Congress 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 of Congress 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 15, 2021

Mr. Cardin (for himself, Ms. Klobuchar, Mr. Van Hollen, Mr. Booker, and 
  Ms. Warren) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To direct the Joint Committee of Congress 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 of Congress 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.

    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 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 
        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 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 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 45 days 
after the date of enactment of this Act, the Joint Committee of 
Congress on the Library shall remove the bust of Roger Brooke Taney 
that is in the Old Supreme Court Chamber of the Capitol.
    (c) Replacement With Bust of Thurgood Marshall.--
            (1) Obtaining bust.--Not later than 2 years after the date 
        of enactment of this Act, the Joint Committee of Congress on 
        the Library shall enter into an agreement to obtain a bust of 
        Associate Justice of the Supreme Court of the United States 
        Thurgood Marshall, under such terms and conditions as the Joint 
        Committee considers appropriate consistent with applicable law.
            (2) Placement.--The Joint Committee of Congress on the 
        Library shall place the bust obtained under paragraph (1) in 
        the location in the Old Supreme Court Chamber of the Capitol 
        where the bust of Roger Brooke Taney was located prior to 
        removal under subsection (b).

SEC. 2. REMOVAL OF CERTAIN STATUES AND BUST.

    (a) Removal.--Not later than 45 days after the date of enactment of 
this Act, the Joint Committee of Congress on the Library shall remove 
the statue of Charles Brantley Aycock, the statue of John Caldwell 
Calhoun, the statue of James Paul Clarke, and the bust of John Cabell 
Breckinridge from any area of the Capitol which is accessible to the 
public.
    (b) Storage of Statues.--The Architect of the Capitol shall keep 
any statue and bust removed under subsection (a) in storage until the 
Architect and the State which provided the statue or bust arrange for 
the return of the statue or bust 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 served in any other position in the Confederate 
States of America or in 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.--
                    (A) Identification by architect of the capitol.--
                The Architect of the Capitol shall identify all statues 
                on display in the Capitol that do not meet the 
                requirements of section 1814 of the Revised Statutes (2 
                U.S.C. 2131), as amended by subsection (a).
                    (B) Removal by joint committee of congress on the 
                library.--The Joint Committee of Congress on the 
                Library shall arrange for the removal of each statue 
                identified by the Architect of the Capitol under 
                subparagraph (A) 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 may 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.

SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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