[House Report 111-583]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-583

======================================================================



 
   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.

                                  
