II 

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. 


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

3 SECTION 1. REPLACEMENT OF BUST OF ROGER BROOKE 

4 TANEY WITH BUST OF THURGOOD MAR5 SHALL. 

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

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

8 Court issued the infamous Dred Scott v. Sandford 

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

10 Roger Brooke Taney, whose bust sits inside the en11 trance to the Old Supreme Court Chamber in the 

12 Capitol, this opinion declared that African Ameri13 cans were not citizens of the United States and 

14 could not sue in Federal courts. This decision fur15 ther declared that Congress did not have the author16 ity to prohibit slavery in the territories. 

17 (2) Chief Justice Roger Brooke Taney’s author18 ship of Dred Scott v. Sandford, the effects of which 

19 would only be overturned years later by the ratifica20 tion of the 13th, 14th, and 15th Amendments to the 

21 Constitution of the United States, renders a bust of 

22 his likeness unsuitable for the honor of display to 

23 the many visitors to the Capitol. 

24 (3) As Frederick Douglass said of this decision 

25 in May 1857, ‘‘This infamous decision of the SlaveVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2366.IS S2366

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1 holding wing of the Supreme Court maintains that 

2 slaves are within the contemplation of the Constitu3 tion of the United States, property; that slaves are 

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

5 swine are property; that the old doctrine that slavery 

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

7 the slaveholder to his slave does not depend upon 

8 the local law, but is secured wherever the Constitu9 tion of the United States extends; that Congress has 

10 no right to prohibit slavery anywhere; that slavery 

11 may go in safety anywhere under the star-spangled 

12 banner; that colored persons of African descent have 

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

14 colored men of African descent are not and cannot 

15 be citizens of the United States.’’. 

16 (4) While the removal of Chief Justice Roger 

17 Brooke Taney’s bust from the Capitol does not re18 lieve the Congress of the historical wrongs it com19 mitted to protect the institution of slavery, it ex20 presses Congress’s recognition of one of the most no21 torious wrongs to have ever taken place in one of its 

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

23 Dred Scott v. Sandford decision. 

24 (b) REMOVAL OF BUST OF ROGER BROOKE

25 TANEY.—Not later than 45 days after the date of enactVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2366.IS S2366

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1 ment of this Act, the Joint Committee of Congress on the 

2 Library shall remove the bust of Roger Brooke Taney that 

3 is in the Old Supreme Court Chamber of the Capitol. 

4 (c) REPLACEMENT WITH BUST OF THURGOOD MAR5 SHALL.— 

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

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

8 Committee of Congress on the Library shall enter 

9 into an agreement to obtain a bust of Associate Jus10 tice of the Supreme Court of the United States 

11 Thurgood Marshall, under such terms and condi12 tions as the Joint Committee considers appropriate 

13 consistent with applicable law. 

14 (2) PLACEMENT.—The Joint Committee of 

15 Congress on the Library shall place the bust ob16 tained under paragraph (1) in the location in the 

17 Old Supreme Court Chamber of the Capitol where 

18 the bust of Roger Brooke Taney was located prior 

19 to removal under subsection (b). 

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

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

22 of enactment of this Act, the Joint Committee of Congress 

23 on the Library shall remove the statue of Charles Brantley 

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

25 of James Paul Clarke, and the bust of John Cabell BreckVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2366.IS S2366

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1 inridge from any area of the Capitol which is accessible 

2 to the public. 

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

4 Capitol shall keep any statue and bust removed under sub5 section (a) in storage until the Architect and the State 

6 which provided the statue or bust arrange for the return 

7 of the statue or bust to the State. 

8 SEC. 3. REQUIREMENTS AND REMOVAL PROCEDURES FOR 

9 STATUES IN NATIONAL STATUARY HALL. 

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

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

12 than persons who served as an officer or voluntarily served 

13 in any other position in the Confederate States of America 

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

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

16 after ‘‘military services’’. 

17 (b) STATUE REMOVAL PROCEDURES.— 

18 (1) IN GENERAL.— 

19 (A) IDENTIFICATION BY ARCHITECT OF

20 THE CAPITOL.—The Architect of the Capitol 

21 shall identify all statues on display in the Cap22 itol that do not meet the requirements of sec23 tion 1814 of the Revised Statutes (2 U.S.C. 

24 2131), as amended by subsection (a). 


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1 (B) REMOVAL BY JOINT COMMITTEE OF

2 CONGRESS ON THE LIBRARY.—The Joint Com3 mittee of Congress on the Library shall arrange 

4 for the removal of each statue identified by the 

5 Architect of the Capitol under subparagraph 

6 (A) from the Capitol by not later than 120 days 

7 after the date of enactment of this Act. 

8 (2) REMOVAL AND RETURN OF STATUES.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (C), the Architect of the Capitol shall ar11 range to transfer and deliver any statue that is 

12 removed under this subsection to the Smithso13 nian Institution. 

14 (B) STORAGE OR DISPLAY OF STATUES.— 

15 The Board of Regents of the Smithsonian Insti16 tution shall follow the policies and procedures 

17 of the Smithsonian Institution, as in effect on 

18 the day before the date of enactment of this 

19 Act, regarding the storage and display of any 

20 statue transferred under subparagraph (A). 

21 (C) STATE REQUESTS.—A statue provided 

22 for display by a State that is removed under 

23 this subsection shall be returned to the State, 

24 and the ownership of the statue transferred to 

25 the State, if the State so requests and agrees 


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1 to pay any costs related to the transportation of 

2 the statue to the State. 

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

4 has a statue removed under this subsection may re5 place such statue in accordance with the require6 ments and procedures of section 1814 of the Revised 

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

8 Legislative Branch Appropriations Act, 2001 (2 

9 U.S.C. 2132). 

10 (4) AUTHORIZATION AND APPROPRIATIONS.— 

11 (A) IN GENERAL.—There are appropriated 

12 for the fiscal year ending September 30, 2021, 

13 out of any money in the Treasury not otherwise 

14 appropriated, $5,000,000 to carry out this sec15 tion, including the costs related to the removal, 

16 transfer, security, storage, and display of the 

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

18 which— 

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

20 to the Architect of the Capitol; and 

21 (ii) $3,000,000 shall be made avail22 able to the Smithsonian Institution. 

23 (B) AVAILABILITY.—Amounts appro24 priated under subparagraph (A) shall remain 

25 available until expended. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 In addition to the amounts appropriated under sec3 tion 3(b)(4), there are authorized to be appropriated such 

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

5 amounts so appropriated shall remain available until ex6 pended. 

7 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

10 shall be determined by reference to the latest statement 

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

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the Senate Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

Æ 


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