[House Report 111-583]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-583
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PROVIDING FOR THE FURNISHING OF STATUES BY THE TERRITORIES OF THE
UNITED STATES FOR DISPLAY IN STATUARY HALL IN THE UNITED STATES CAPITOL
_______
July 30, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5711]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 5711) to provide for the furnishing of statues
by the territories of the United States for display in Statuary
Hall in the United States Capitol, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 5711 is a bill to enhance the artistic display of
sculpture in the United States Capitol by providing five
territorial possessions of the United States with the right to
request that no more than one statue of a prominent, deceased
person associated with each jurisdiction be displayed in the
National Statuary Hall Collection. They are American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
The National Statuary Hall Collection was created by
statute in 1864 (2 U.S.C. 2081) to honor distinguished persons
chosen by the states for display in what is now called Statuary
Hall; in later years the statues were also displayed outside
the overcrowded Hall, and, more recently, in the Capitol
Visitors Center. In 2005, New Mexico submitted the 100th statue
to complete the Collection, with two from each state.
Choices of potential historical personages to receive the
honor would be made by the respective governments of the
territories, and presented to the Joint Committee of Congress
on the Library. Each would bear the costs of making the statues
and transporting them into the Capitol for display. H.R. 5711
would also provide to each possession the ability to replace
its statue, at a future time, as currently permitted by Federal
law for existing statues in the Collection.
BACKGROUND AND NEED FOR H.R. 5711
Upon completion of the new House wing of the Capitol in
1857, the House of Representatives looked for a use for its old
chamber, located between the Rotunda and the House wing. The
idea for a statuary hall was proposed in April of 1864, during
President Lincoln's administration, and National Statuary Hall
was created by law on July 2, 1864. Each state was invited to
send two statues of worthy citizens of their choosing for
display.
By 1933, National Statuary Hall contained 65 statues and
began to suffer from overcrowding and safety issues involving
excess weight. Congress then passed House Concurrent Resolution
47 to allow for the relocation of statues within the Capitol by
the Joint Committee on the Library. In the 106th Congress, the
efficacy of a House-numbered concurrent resolution beyond the
Congress in which it had originated was discussed. As a result,
the JCL's authority was codified in legislation in December of
2000, when Congress passed the Consolidated Appropriations of
2001 (Public Law 106-554 [40 U.S.C. 187a]), which also allowed
states to request the JCL to allow replacements of statues.
Each territorial possession addressed in this legislation
has a unique history and acquired its association with the
United States in different ways. At the time of the creation of
the Collection, none of the five territories was, as yet, a
possession of the United States. Puerto Rico and Guam were
acquired in 1898, American Samoa in 1899, the U.S. Virgin
Islands in 1917, and the Northern Mariana Islands in 1944.
Residents of American Samoa are U.S. nationals; residents of
the other four possessions are U.S. citizens.
Current federal law grants states the ability to honor the
achievements of two of their citizens by displaying statues in
the U.S. Capitol. The territories of the United States are not
included, but they have played significant roles in American
history. The contributions of their prominent residents should
also be provided an opportunity for recognition in the National
Statuary Hall Collection. H.R. 5711 would accomplish that.
The Committee intends that the Joint Committee on the
Library, pursuant to its statutory authority, would determine
appropriate locations within the Capitol complex for display of
statues presented by the five territorial possessions for
inclusion in the National Statuary Hall Collection.
COMMITTEE CONSIDERATION
H.R. 5711 was introduced on July 13, 2010 by Delegate Eni
F.H. Faleomavaega of American Samoa. The Committee on House
Administration conducted a markup of the bill on July 14th,
2010. The Committee ordered the bill reported favorably, by
voice vote, a quorum being present. No amendments were offered
during committee consideration.
ANALYSIS OF THE BILL (AS REPORTED)
Section 1. Section 1 authorizes the President to invite
each territory of the United States to provide and furnish no
more than one statue celebrating the achievements of deceased
citizens that each territory deems worthy of the honor. The
subjects of the statues must be deceased for no fewer than 10
years.
Section 2. A territory of the United States may request the
Joint Committee on the Library to approve the replacement of a
statue that was furnished pursuant to Section 1. This request
will be considered by the Joint Committee if the request has
been approved by the Governor of the territory. This request
cannot be made until the statue that is to be replaced has been
displayed for at least 10 years or unless the Joint Committee
waives this requirement for cause. If approved by the Joint
Committee on the Library, the Architect of the Capitol will
enter into an agreement with the territory to carry out the
replacement procedure pursuant to any conditions the Joint
Committee may require. The new statue is subject to the same
conditions set forth in Section 1 and the territory shall bear
the entire cost of the replacement process.
Upon replacement and subject to the approval of the Joint
Committee on the Library, ownership of the statue will be
transferred to the territory. The replaced statue is prohibited
from being displayed again in the U.S. Capitol unless
specifically authorized by Federal law. The Architect of the
Capitol, upon Joint Committee approval, is authorized to direct
and provide for the location and relocation of any statues.
MATTERS REQUIRED UNDER THE RULES OF THE HOUSE
Constitutional authority
Clause 3(d)(1) of House rule XIII requires each committee
report on a public bill or joint resolution to include a
statement citing the specific constitutional power(s) granted
to the Congress on which the Committee relies for enactment of
the measure under consideration.
The Committee cites the legislative power broadly granted
to Congress under Article I. Pursuant to House rule X, clause
1(j)(4), the jurisdiction of the Committee on House
Administration includes statuary and pictures, and acceptance
or purchase of works of art for the U.S. Capitol.
Committee votes
Clause 3(b) of House rule XIII requires the results of each
recorded vote on an amendment or motion to report, together
with the names of those voting for and against, to be printed
in the committee report. No recorded votes were taken during
the Committee's consideration of H.R. 5711.
Congressional budget office estimate
Clause 3(c)(3) of House rules XIII requires the report of a
committee on a measure which has been approved by the committee
to include a cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 403 of the CBA,
if timely submitted. The Director submitted the following
estimate:
July 20, 2010.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5711, a bill to
provide for the furnishing of statues by the territories of the
United States for display in Statuary Hall in the United States
Capitol.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Alan Eder
and Matthew Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 5711--A bill to provide for the furnishing of statues by the
territories of the United States for display in Statuary Hall
in the United States Capitol
H.R. 5711 would authorize the President to invite each
territory of the United States (American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the Commonwealth
of Puerto Rico, and the United States Virgin Islands) to
provide one statue of a deceased citizen known for
distinguished civic or military service for placement in
Statuary Hall in the United States Capitol. The bill would
require each territory to pay the costs of providing a new
statue. CBO estimates that implementing H.R. 5711 would have no
significant impact on the federal budget. Enacting the bill
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
H.R. 5711 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Alan Eder and
Matthew Pickford. The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Federal mandates
Section 423 of the CBA requires a committee report on any
public bill or joint resolution that includes a federal mandate
to include specific information about such mandates. The
Committee states that H.R. 5711 includes no federal mandates.
Preemption clarification
Section 423 of the CBA requires a committee report on any
public bill or joint resolution to include a committee
statement on the extent to which the measure is intended to
preempt state or local law. The Committee states that H.R. 5711
is not intended to preempt any state or local law.
Oversight findings
Clause 3(c)(1) of rule XIII requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of House rule X. The House's
representation on the Joint Committee on the Library, which has
jurisdiction over the placement of statues in the Collection,
consists predominantly of members of the Committee on House
Administration. The Committee has oversight responsibility
under clause 4(d)(1)(B) of rule X for the management of
services provided to the House by the Architect of the Capitol,
except those that lie within the jurisdiction of the Committee
on Transportation and Infrastructure. The AoC would supervise
physical placement, and replacement, of statues in the National
Statuary Hall Collection. The Committee finds that the
Architect and the JCL can determine appropriate locations
within the U.S. Capitol for inclusion of additional statues in
the National Statuary Hall Collection.
Statement of general performance goals and objectives
Clause 3(c)(4) of House rule XIII requires committee
reports to include a statement of general performance goals and
objectives. The Committee finds that the additional of one
statue each from the five territorial possessions addressed by
this legislation to the National Statuary Hall Collection would
add to its artistic merit and increase its historical interest
to the American people.
Congressional ``earmarks''
Clause 9 of House rule XXI requires committee reports on
public bills and resolutions to contain an identification of
congressional ``earmarks,'' limited tax benefits, limited
tariff benefits, and the names of requesting Members. The bill
as reported contains no such items.
Congressional Accountability Act applicability
Section 102(b)(3) of the Congressional Accountability Act
of 1995 (Pub. L. 104-1) (CAA) requires each report on a public
bill or joint resolution relating to terms and conditions of
employment or access to public services or accommodations to
describe the manner in which the legislation applies to the
Legislative Branch. H.R. 5711 makes no change to the terms and
conditions of employment, access to public services or
accommodations in the Legislative Branch.
Changes in existing law made by the bill, as reported
H.R. 5711 would not amend existing law.
MINORITY VIEWS
While we support the territories having the ability to
place statues within Statuary Hall, we believe this legislation
should have been consolidated and brought into conformity with
H.R. 5493, the bill authorizing the placement of statues in
Statuary Hall for the District of Columbia. In committee,
Ranking Member Lungren offered an amendment that would have
combined the two bills in a form that would have ensured broad
bipartisan support for the legislation. Unfortunately, the
amendment was not adopted and therefore the problems with both
pieces of legislation in their current forms persist.
We support the objective of giving the territories a statue
within the Capitol complex; unfortunately this legislation
cannot be considered without recognizing that granting DC two
statues and the territories only one sets up an argument that
the advocates of extending the full rights of the individual
states to the District of Columbia will use to advance their
cause in contravention of the Constitution.
Daniel E. Lungren.
Kevin McCarthy.
Gregg Harper.