[House Report 111-561]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-561
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TO PROVIDE FOR THE FURNISHING OF STATUES BY THE DISTRICT OF COLUMBIA
FOR DISPLAY IN STATUARY HALL IN THE UNITED STATES CAPITOL
_______
July 22, 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. 5493]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 5493) to provide for the furnishing of statues
by the District of Columbia for display in Statuary Hall in the
United States Capitol, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
PURPOSE OF THE LEGISLATION
H.R. 5493 is a bill to enhance the artistic display of
sculpture in the United States Capitol by providing the
District of Columbia with the right to request that no more
than two statues of prominent, deceased persons associated with
that jurisdiction be displayed in the National Statuary Hall
Collection. The 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 District of Columbia government and
presented to the Joint Committee of Congress on the Library.
The District would bear the costs of making the statues and
transporting them into the Capitol for display. H.R. 5493 would
also provide to the District the ability to replace its
statues, at a future time, as currently permitted by Federal
law for existing statues in the Collection.
BACKGROUND AND NEED FOR H.R. 5493
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 to the
newly created National Statuary Hall.
By 1933, National Statuary Hall contained 65 statues and
began to suffer from overcrowding and safety issues involving
excess weight, so Congress 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 2000
(Public Law 106-554 [40 U.S.C. 187a]), the Consolidated
Appropriations Act of 2001, which also gave the states the
ability to replace their previous selections.
The District of Columbia, by virtue of not being a state,
was not included in the original 1864 statute. The Committee
agrees with proponents of H.R. 5493 that the time has come for
the contributions of residents of the District to be recognized
in the same manner as those of the states.
The need for a federal capitol that is not within a state
was documented in Federalist No. 43 of The Federalist Papers
and was codified in Article 1 Section 8 of the U.S.
Constitution. James Madison, writing in Federalist No. 43,
believed the Federal government, and not a state, should
exercise total control over the new federal capitol, which led
to the District of Columbia's unique designation.
The area which currently comprises the District,
irrespective of its changing governmental structure over time,
has been part of the American republic since the formation of
the United States. While not a state, the District of Columbia
shares more in common with states than it does with American
territories, which were acquired at various times through
agreements or conquest. District of Columbia residents are
granted the same rights and responsibilities as citizens of the
50 states under the Constitution, except the ability to have
voting representatives in the Congress; are treated the same
for tax purposes; and vote, pursuant to the 23rd Amendment to
the Constitution, for three electors to cast votes for
president and vice president.
This legislation is about art, not politics. It has nothing
to do with the issue of D.C. voting representation in Congress
and its enactment would not bolster any claims the District
might have for the enactment of legislation on that subject,
which is not within the jurisdiction of the Committee on House
Administration. The land now comprising the District has had a
history as long as the United States has existed, originally as
part of the state of Maryland, and has had many famous
residents of national and international renown.
The District has indicated that, if the bill is enacted,
that it would expect to propose the names of Pierre L'Enfant
and Frederick Douglass for inclusion in the Collection, and has
already commissioned statues which are currently on display in
a local government office building. The Committee takes no
position on the identity of the persons who might be chosen by
the District.
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 District of Columbia for inclusion in
the National Statuary Hall Collection.
COMMITTEE CONSIDERATION
H.R. 5493 was introduced by Delegate Eleanor Holmes Norton
of the District of Columbia on June 9, 2010. The Committee on
House Administration conducted a markup of H.R. 5493 on July
14th, 2010. The Committee considered and rejected, by voice
vote, an amendment in the nature of a substitute offered by
Rep. Lungren of California which would have limited the
District to a single statue in the Collection, and added to the
Collection a single statue each from the following territories
of the United States: American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
The Committee then ordered the bill reported favorably, by
voice vote, without amendment, with a quorum being present.
ANALYSIS OF THE BILL (AS REPORTED)
Section 1. Section 1 authorizes the President to invite the
District of Columbia to provide and furnish no more than two
statues celebrating the achievements of deceased citizens that
the District of Columbia deems worthy of the honor. The
subjects of the statues must be deceased for no fewer than 10
years.
Section 2. The District of Columbia may request the Joint
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 on the Library if the request
has been approved by the Council and Mayor of the District of
Columbia. 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 on the Library waives this
requirement for cause. If the request is approved by the Joint
Committee on the Library, the Architect of the Capitol will
enter into an agreement with the District of Columbia 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 District of
Columbia 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 being
replaced will be transferred to the District of Columbia. 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 JCL 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. 5493.
Congressional Budget Office estimate
Clause 3(c)(3) of House Rule 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. 5493, a bill to
provide for the furnishing of statues by the District of
Columbia 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. 5493--A bill to provide for the furnishing of statues by the
District of Columbia for display in Statuary Hall in the United
States Capitol
H.R. 5493 would authorize the President to invite the
District of Columbia to place up to two statues of deceased
citizens known for distinguished civic or military service in
Statuary Hall in the United States Capitol. The bill also would
require the District of Columbia to cover the costs of
providing new statues. CBO estimates that implementing H.R.
5493 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. 5493 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. 5493 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. 5493
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. Membership of 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
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 find 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 addition of two
statues from the District of Columbia to the 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. The bill as reported contains no such
items.
Changes in existing law made by the bill, as reported
H.R. 5493 would not make any changes in existing law.
MINORITY VIEWS
The statues displayed throughout the Capitol complex add
both history and beauty to the experience of visiting the
United States Capitol. We do not object to giving the District
of Columbia and the territories the opportunity to add to that
experience by displaying a statue of a person of historical
significance. However, there are unfortunately those who will
distort the meaning of any legislation affecting only the
District of Columbia to manufacture an argument that it shows
support for giving the District of Columbia rights and status
that are specifically not provided to it by the Constitution.
We fear that the way the committee has treated this issue today
will further lend support to those erroneous arguments.
The legislation considered today authorized the District of
Columbia to place two statues for display in Statuary Hall.
This is the same number of statues that each state is allotted
under the current rules. Additionally, this committee also
passed legislation that gave the territories the right to
display statues, yet each territory was only given
authorization for one statue. H.R. 5493 seeks to give the
District of Columbia the imprimatur of statehood by giving it
two statues, and in the next breath, H.R. 5711 further
distinguished the District of Columbia by only giving the
territories one statue instead of two. While we do not wish to
reargue other issues relating to the District of Columbia in
this context, clearly the District of Columbia is not a state
under the plain reading of the United States Constitution and
it should not be treated as such.
Ranking Member Lungren offered an amendment to make clear
that this bill was designed to include the District of Columbia
and the territories in the Capitol's statuary collection rather
than as an exercise in political gamesmanship to advance an
unrelated agenda relating to the District of Columbia. The
amendment provided for both the territories and the District of
Columbia to display one statue each. This change would have
allowed members to support this bill without fear that their
vote would be used to advance another agenda. However this
amendment was defeated in committee.
While we do not object to--and in fact support--the
District of Columbia and the territories having the opportunity
to display a statue, we do object to using this process as a
political pawn in the game to grant the District of Columbia de
facto statehood without going through the proper and necessary
process of amending the Constitution.
Daniel E. Lungren.
Kevin McCarthy.
Gregg Harper.