National Statuary Hall Collection: Background and Legislative Options
Released: 2016-10-24T00:00:00

Introduction

The United States Capitol is home to extensive art collections. These collections are considered by Congress as "an integral part of the history of this renowned building." Perhaps the most prominent collection is the National Statuary Hall Collection, which contains statues of notable citizens provided by each state. The collection was authorized in 1864, when Congress designated the large, two-story, semicircular former chamber of the House of Representatives—the Old Hall of the House—as National Statuary Hall. The first statue in the collection, depicting Nathanael Greene, was provided by Rhode Island in 1870. As the Union grew, the number of statues in the collection increased; by 1933,the hall held 65 statues, some of which stood three deep. Aesthetic and structural concerns necessitated the relocation of some statues throughout the Capitol. The collection reached 100 statues in 2005 when New Mexico, which became a state in 1912, added the statue of Po'pay. Today, 34 statues are displayed in National Statuary Hall, with the rest in the House and Senate wings of the Capitol, the Rotunda, the Crypt, and the Capitol Visitor Center (CVC).

Collection statues—chosen by the states to honor prominent citizens—are furnished to Congress for display in the Capitol. In the 106 th Congress (1999-2000), for the first time, states were allowed to replace a statue previously donated to the National Statuary Hall Collection. In past congresses, legislation has been introduced to alter the size of the collection by allowing each state to contribute three statues instead of two or allow the District of Columbia, Puerto Rico, and the U.S. territories to provide one statue each.

This report discusses the creation of the National Statuary Hall Collection and the redesignation of the Old Hall of the House as the National Statuary Hall. It examines the creation, design, placement, and replacement of statues in the National Statuary Hall Collection. The report then discusses recent legislative proposals to increase the size of the National Statuary Hall Collection. Finally, the report discusses potential issues for congressional consideration.

Establishing the National Statuary Hall Collection

On January 6, 1864, Representative Justin Morrill introduced a resolution, which was agreed to by voice vote, requesting that the House Committee on Public Buildings examine the possibility of using the Old Hall of the House of Representatives to display statues.

Resolved, That the Committee on Public Buildings be requested to examine and report as to the expediency of setting apart the old hall of the House of Representatives as a hall for statuary; and also as to the cost of a new flooring and bronze railing on each side of the passage-way through the hall, preparatory to the reception of such works of arts.

On April 19, 1864, Representative John Hovey Rice introduced, on behalf of the House Committee on Public Buildings, which he chaired, a joint resolution to create a statuary hall in the Old Hall of the House and to authorize existing appropriations to repair the old House chamber. The resolution called for the President to "invite each of the states to provide and furnish statues in marble or bronze, not exceeding two in number each, of men who have been citizens thereof, illustrious in their historical renown or distinguished for their civic or military services, such as each State shall determine are worthy of national remembrance.... " The joint resolution passed the House by a vote of 87 to 20 and was referred in the Senate to the Committee on Public Buildings and Grounds, where it was reported without amendment and with the recommendation that it "ought not to pass." The Senate took no further action on the joint resolution.

Subsequently, in June 1864, during House consideration of a civil appropriations bill, Representative Thaddeus Stevens offered an amendment similar to the joint resolution previously passed by the House. The amendment was agreed to in the House, but was removed from the bill when it was considered in the Senate. The proposed language, however, was restored in conference committee, which stated,

Sec. 2. And be it further enacted , That a marble floor, similar to that of the Congressional Library or the Senate vestibule, shall be constructed in the old Hall of the House of Representatives, using such marble as may be now on hand and not otherwise required, and that suitable structures and railings shall be therein erected for the reception and protection of statuary, and the same shall be under the supervision and direction of the Commissioner of Public Buildings; and so much of the moneys now or heretofore appropriated for the capitol extension as may be necessary, not exceeding the sum of fifteen thousand dollars, is hereby set apart and shall be disbursed for the porse [purposes] hereinbefore mentioned. And the President is hereby authorized to invite each and all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each state, of deceased persons who have been citizens thereof, and illustrious for their historic renown or from distinguished civic or military services, such as each state shall determine to be worthy of this national commemoration; and when so furnished the same shall be placed in the old hall of the House of Representatives, in the capitol of the United States, which is hereby set apart, or so much thereof as may be necessary, as a national statuary hall, for the purposes herein indicated.

Statues in the Collection: Design, Placement, and Replacement

Pursuant to the July 1864 civil appropriations bill, each state may donate up to two statues for inclusion in the National Statuary Hall Collection. Statues donated to the collection are to be made of "... marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military service.... "

In 2005, Congress enacted a requirement that an individual depicted on a statue displayed in National Statuary Hall must be deceased for at least 10 years. Exceptions to the restrictions were provided for the two statues allowed per state pursuant to the July 1864 law, including any potential replacement statues, as well as a statue of Rosa Parks from the U.S. Capitol Art Collection that was placed in National Statuary Hall in 2013.

Statue Design and Placement Guidelines

Statues donated to the collection must be formally accepted by the Joint Committee on the Library. To assist states, the AOC has published guidelines, which are subject to modification by the Joint Committee, for creating statues for the collection. The guidelines address numerous aspects of statuary design, including subject, material, pedestal, inscriptions, size and weight, patina and coating, and other considerations.

Additionally, the Architect of the Capitol (AOC), upon the approval of the Joint Committee on the Library, with the advice of the Commission of Fine Arts as requested, is authorized and directed to locate or relocate collection statues within the Capitol. The AOC, under the guidance of the Joint Committee, established a nine-step process for the acceptance of a new or replacement statute. This process is part of the statue design and placement guidelines.

Replacement of Statues

Since 2000, states have been allowed to replace statues donated to the collection. Regulations for the replacement of statues were established by the Consolidated Appropriations Act of 2001. To replace a statue, a state must

request—through the approval of a resolution adopted by the state legislature and signed by the governor—in writing, approval from the Joint Committee; and ensure that the statue to be replaced has been displayed in the collection for at least 10 years.

Upon the Joint Committee's approval of the replacement request, the AOC is authorized to enter into an agreement with the state, subject to any conditions imposed by the Joint Committee. Once accepted, the state is responsible for paying all related costs, including the design, construction, transportation, and placement of the new statue, the removal and transportation of the statue being replaced (back to the state or other location determined by the state legislature), and any unveiling ceremony.

Since the authorization of replacements within the collection in 2000, Alabama, California, Iowa, Kansas, Michigan, and Ohio have sent a replacement statue. A list of statues replaced in the collection can be found in Appendix B .

Proposals to Expand the Collection

Legislation to increase the size of the collection might fall into two categories. The first would increase the number of statues that states are permitted to donate, from a maximum of two per state to three per state. The second would permit the District of Columbia and the U.S. territories to contribute one or more statues to the collection.

Expansion of Permitted Statues Per State

Since the redesignation of the Old Hall of the House as National Statuary Hall in 1864, each state has been allowed to place two statues in the collection. Supporters of providing a third statue per state argue that additional statues could provide an opportunity to increase the diversity of the collection, which currently includes 16 statues of women or minorities.

A proposal to add a third statue per state was first introduced in the 103 rd Congress (1993-1994) by Representative Douglas (Pete) Peterson. The bill ( H.R. 3368 ) would have provided a third statue to each state and restricted the ability of states to furnish an additional statue or replace an existing statue for "100 years after the date on which it furnishes its third statue.... " H.R. 3368 was referred to the Committee on House Administration but did not receive further action.

Most recently, legislation was introduced in the 112 th Congress (2011-2012) by Representative Stephen Cohen ( H.R. 1289 , the Share America's Diverse History in the Capitol Act) to expand the National Statuary Hall Collection from two statues per state to three. H.R. 1289 was referred to the Committee on House Administration on March 31, 2011, and did not receive further action.

If Congress were to authorize an additional statue per state, states would have the ability, but not be required, to add statues to the collection. Increasing the collection by up to 50 statues may take some time, as states debate who might be honored, raise funds, and commission artists to create new statues.

Should the National Statuary Hall Collection expand to more than 100 statues, space for the additional statues in the Capitol complex could become an issue. Currently, collection statues are located in the Rotunda, the Crypt, the House wing of the Capitol in National Statuary Hall, the Hall of Columns, and adjacent to the House chamber, the Senate wing of the Capitol, and the CVC. When the CVC opened in 2008, collection statues were moved to Emancipation Hall and other CVC locations to reduce the number of statues in National Statuary Hall and other Capitol locations. The addition of 50 or more statues might require the AOC to place statues closer together in those locations. If more statues are placed in National Statuary Hall itself, some display and structural concerns that have arisen in the past may be revisited.

Statues for the District of Columbia and U.S. Territories

Measures to authorize the District of Columbia and the territories to provide statues for the National Statuary Hall Collection have been introduced since at least the 93 rd Congress (1973-1974). In both the 93 rd and 94 th (1975-1976) Congresses, Senator Hubert Humphrey introduced legislation to "provide authority for the District of Columbia to place two statues in Statuary Hall of the Capitol." Both bills were referred to the Senate Committee on Rules and Administration and neither received further action.

In the 111 th Congress (2009-2010), for the first time, legislation to allow statues from the District of Columbia and the territories passed the House. These bills were H.R. 5493 , introduced by Delegate Eleanor Holmes Norton to provide for statues from the District of Columbia; and H.R. 5711 , introduced by Delegate Faleomavaega to provide statues for the U.S. territories. In July 2010, the Committee on House Administration held a markup on both bills. After an amendment to merge the bills was offered by Representative Dan Lungren, then-ranking Member of the panel, was defeated, the committee reported both bills.

Between the reporting of H.R. 5493 and H.R. 5711 by the Committee on House Administration and the consideration of these bills in the House, Representative Robert Brady, then-chair of the panel, helped negotiate a merger of the bills. Subsequently, H.R. 5493 was debated in the House with an amendment that would permit the District of Columbia and the U.S. territories to place statues in the collection. The bill passed the House, as amended, under suspension of the rules. In the Senate, the bill was referred to the Senate Committee on Rules and Administration, and no further action was taken.

In the 112 th Congress (2011-2012), Representative Dan Lungren, then-chair of the Committee on House Administration, reintroduced a bill that is nearly identical in language to H.R. 5493 in the 111 th Congress. His bill, H.R. 3106 , would permit the District of Columbia and the territories to place statues in the National Statuary Hall Collection. Upon introduction, H.R. 3106 was referred to the Committee on House Administration. No further action was taken.

While not part of the National Statuary Hall collection, in the 112 th Congress, the placement of a statue of Frederick Douglass, was donated by the District of Columbia government and accepted by Congress for placement in Emancipation Hall of the Capital Visitor Center. The statue was officially unveiled on June 19, 2013.

Issues for Congress

Over the past four decades, Congress has considered several proposals to increase the number of statues in the National Statuary Hall Collection. One group of legislative proposals involves adding additional statues for each state; another would expand the collection by allowing the District of Columbia and the U.S. territories to provide statues to the collection. If either or both options were adopted, proponents argue that states could donate statues that better represent various aspects of the state's history.

Increasing the number of statues in the collection, however, could result in further space issues for statue display in the Capitol. When the CVC opened, the Architect, under the direction of the Joint Committee on the Library, reduced the number of collection statues on display in National Statuary Hall as well as in the House and Senate wings of the Capitol by moving them to Emancipation Hall and other locations within the CVC. Adding additional statues to the collection might necessitate relocating existing statues.

Any changes to the collection would likely be weighed against the potential costs to states, or if approved, the District of Columbia and U.S. territories, who might provide new statues. In the case of expanding the number of statues that might be added to the collection, a further concern is whether the larger collection could be displayed in the Capitol in an appropriate manner. Other considerations include structural, traffic management, and life safety constraints of the physical environment.

Appendix A. National Statuary Hall Collection Statues

Since 2005, when New Mexico provided its second statue—Po'Pay—the National Statuary Hall Collection has contained 100 statues. Table A -1 provides a list of statues currently in the collection, by state, with the name of the statue and the year it was placed in the collection.

Appendix B. Statues Replaced in the National Statuary Hall Collection

Since 2000, states have been allowed to replace statues donated to the collection. Regulations for the replacement of statues were established by the Consolidated Appropriations Act of 2001. Table B -1 provides a list of states that have replaced statues, the year of the replacement, the original statue, and the replacement statue.