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 Confederate States of America from display in the Capitol, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. REPLACEMENT OF BUST OF ROGER BROOKE 

2 TANEY WITH BUST OF THURGOOD MAR3 SHALL. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) While sitting in the Capitol, the Supreme 

6 Court issued the infamous Dred Scott v. Sandford 

7 decision on March 6, 1857. Written by Chief Justice 

8 Roger Brooke Taney, whose bust sits inside the en9 trance to the Old Supreme Court Chamber in the 

10 Capitol, this opinion declared that African Ameri11 cans were not citizens of the United States and 

12 could not sue in Federal courts. This decision fur13 ther declared that Congress did not have the author14 ity to prohibit slavery in the territories. 

15 (2) Chief Justice Roger Brooke Taney’s author16 ship of Dred Scott v. Sandford, the effects of which 

17 would only be overturned years later by the ratifica18 tion of the 13th, 14th, and 15th Amendments to the 

19 Constitution of the United States, renders a bust of 

20 his likeness unsuitable for the honor of display to 

21 the many visitors to the Capitol. 

22 (3) As Frederick Douglass said of this decision 

23 in May 1857, ‘‘This infamous decision of the Slave24 holding wing of the Supreme Court maintains that 

25 slaves are within the contemplation of the Constitu26 tion of the United States, property; that slaves are 


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1 property in the same sense that horses, sheep, and 

2 swine are property; that the old doctrine that slavery 

3 is a creature of local law is false; that the right of 

4 the slaveholder to his slave does not depend upon 

5 the local law, but is secured wherever the Constitu6 tion of the United States extends; that Congress has 

7 no right to prohibit slavery anywhere; that slavery 

8 may go in safety anywhere under the star-spangled 

9 banner; that colored persons of African descent have 

10 no rights that white men are bound to respect; that 

11 colored men of African descent are not and cannot 

12 be citizens of the United States.’’. 

13 (4) While the removal of Chief Justice Roger 

14 Brooke Taney’s bust from the Capitol does not re15 lieve the Congress of the historical wrongs it com16 mitted to protect the institution of slavery, it ex17 presses Congress’s recognition of one of the most no18 torious wrongs to have ever taken place in one of its 

19 rooms, that of Chief Justice Roger Brooke Taney’s 

20 Dred Scott v. Sandford decision. 

21 (b) REMOVAL OF BUST OF ROGER BROOKE

22 TANEY.—Not later than 45 days after the date of enact23 ment of this Act, the Joint Committee on the Library shall 

24 remove the bust of Roger Brooke Taney that is in the Old 

25 Supreme Court Chamber of the Capitol. 


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1 (c) REPLACEMENT WITH BUST OF THURGOOD MAR2 SHALL.— 

3 (1) OBTAINING BUST.—Not later than 2 years 

4 after the date of enactment of this Act, the Joint 

5 Committee on the Library shall enter into an agree6 ment to obtain a bust of Thurgood Marshall, under 

7 such terms and conditions as the Joint Committee 

8 considers appropriate consistent with applicable law. 

9 (2) PLACEMENT.—The Joint Committee on the 

10 Library shall place the bust obtained under para11 graph (1) in the location in the Old Supreme Court 

12 Chamber of the Capitol where the bust of Roger 

13 Brooke Taney was located prior to removal under 

14 subsection (b). 

15 SEC. 2. REMOVAL OF CERTAIN STATUES AND BUST. 

16 (a) REMOVAL.—Not later than 45 days after the date 

17 of the enactment of this Act, the Joint Committee on the 

18 Library shall remove the statue of Charles Brantley 

19 Aycock, the statue of John Caldwell Calhoun, the statue 

20 of James Paul Clarke, and the bust of John Cabell Breck21 inridge from any area of the Capitol which is accessible 

22 to the public. 

23 (b) STORAGE OF STATUES.—The Architect of the 

24 Capitol shall keep any statue and bust removed under sub25 section (a) in storage until the Architect and the State 


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1 which provided the statue or bust arrange for the return 

2 of the statue or bust to the State. 

3 SEC. 3. REQUIREMENTS AND REMOVAL PROCEDURES FOR 

4 STATUES IN NATIONAL STATUARY HALL. 

5 (a) REQUIREMENTS.—Section 1814 of the Revised 

6 Statutes (2 U.S.C. 2131) is amended by inserting ‘‘(other 

7 than persons who served as an officer or voluntarily served 

8 in any other position in the Confederate States of America 

9 or in the military forces or government of a State while 

10 the State was in rebellion against the United States)’’ 

11 after ‘‘military services’’. 

12 (b) STATUE REMOVAL PROCEDURES.— 

13 (1) IN GENERAL.— 

14 (A) IDENTIFICATION BY ARCHITECT OF

15 THE CAPITOL.—The Architect of the Capitol 

16 shall identify all statues on display in the Cap17 itol that do not meet the requirements of sec18 tion 1814 of the Revised Statutes (2 U.S.C. 

19 2131), as amended by subsection (a). 

20 (B) REMOVAL BY JOINT COMMITTEE ON

21 THE LIBRARY.—The Joint Committee on the 

22 Library shall arrange for the removal of each 

23 statue identified by the Architect of the Capitol 

24 under subparagraph (A) from the Capitol by 


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1 not later than 120 days after the date of enact2 ment of this Act. 

3 (2) REMOVAL AND RETURN OF STATUES.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (C), the Architect of the Capitol shall ar6 range to transfer and deliver any statue that is 

7 removed under this subsection to the Smithso8 nian Institution. 

9 (B) STORAGE OR DISPLAY OF STATUES.— 

10 The Board of Regents of the Smithsonian Insti11 tution shall follow the policies and procedures 

12 of the Smithsonian Institution, as in effect on 

13 the day before the date of enactment of this 

14 Act, regarding the storage and display of any 

15 statue transferred under subparagraph (A). 

16 (C) STATE REQUESTS.—A statue provided 

17 for display by a State that is removed under 

18 this subsection shall be returned to the State, 

19 and the ownership of the statue transferred to 

20 the State, if the State so requests and agrees 

21 to pay any costs related to the transportation of 

22 the statue to the State. 

23 (3) REPLACEMENT OF STATUES.—A State that 

24 has a statue removed under this subsection shall be 

25 able to replace such statue in accordance with the 


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1 requirements and procedures of section 1814 of the 

2 Revised Statutes (2 U.S.C. 2131) and section 311 of 

3 the Legislative Branch Appropriations Act, 2001 (2 

4 U.S.C. 2132). 

5 (4) AUTHORIZATION AND APPROPRIATIONS.— 

6 (A) IN GENERAL.—There are appropriated 

7 for the fiscal year ending September 30, 2021, 

8 out of any money in the Treasury not otherwise 

9 appropriated, $5,000,000 to carry out this sec10 tion, including the costs related to the removal, 

11 transfer, security, storage, and display of the 

12 statues described in paragraph (1)(A), of 

13 which— 

14 (i) $2,000,000 shall be made available 

15 to the Architect of the Capitol; and 

16 (ii) $3,000,000 shall be made avail17 able to the Smithsonian Institution. 

18 (B) AVAILABILITY.—Amounts appro19 priated under subparagraph (A) shall remain 

20 available until expended. 

21 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

22 In addition to the amounts appropriated under sec23 tion 3(b)(4), there are authorized to be appropriated such 

24 sums as may be necessary to carry out this Act, and any 


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1 amounts so appropriated shall remain available until ex2 pended. 

3 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Senate Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

Æ 


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