S. 5229Senate117th Congress (2021-2023)Enacted

A bill to direct the Joint Committee of Congress on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol and to obtain a bust of Thurgood Marshall for installation in the Capitol or on the Capitol Grounds, and for other purposes.

Introduced December 8, 2022

AI-Generated Summary

Updated February 8, 2026 at 6:40 PM UTC

The bill directs Congress to remove the bust of former Chief Justice Roger Brooke Taney from the Old Supreme Court Chamber in the Capitol because of his role in the Dred Scott decision, and to replace it with a bust of Justice Thurgood Marshall. It applies to the Joint Committee on the Library, the Architect of the Capitol, and the Senate Curator, affecting the display of historic monuments in the Capitol building and grounds.

Key Provisions

  • The Joint Committee on the Library must remove Taney’s bust and its plinth from public view within 45 days, placing them under the custody of the Senate Curator.
  • Within two years, the Committee must arrange to acquire a bust of Thurgood Marshall.
  • The Architect of the Capitol, following the Committee’s direction, will permanently install the Marshall bust in a prominent Capitol location, preferably near the Old Supreme Court Chamber.

Legislative Activity

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13 earlier actions
Became Law Latest Action

Became Public Law No: 117-326.

December 27, 2022

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SenateIntro Referral

Introduced in Senate

December 8, 2022

SenateFloor

Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S7079-7080; text: CR S7080)

December 8, 2022

SenateFloor

Message on Senate action sent to the House.

December 9, 2022

HouseFloor

Received in the House.

December 12, 2022 • 2:12 PM

HouseFloor

Held at the desk.

December 12, 2022 • 2:24 PM

HouseFloor

Ms. Lofgren moved to suspend the rules and pass the bill.

December 14, 2022 • 3:08 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H9817-9821)

December 14, 2022 • 3:08 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 5229.

December 14, 2022 • 3:08 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

December 14, 2022 • 3:46 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H9817)

December 14, 2022 • 3:46 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 14, 2022 • 3:46 PM

President

Presented to President.

December 21, 2022

Became Law

Signed by President.

December 27, 2022

Became Law

Became Public Law No: 117-326.

December 27, 2022

Floor Debate

7 members

What members said about S. 5229 on the floor

1 Republican6 Democrats
Rodney Davis
Rep. Rodney DavisR-IL-13 · Dec 14, 2022

Mr. Speaker, I yield myself such time as I may consume. When Americans from across the country come to visit their Capitol, they are greeted by statues of some of the most influential men and women…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 14, 2022

Mr. Speaker, I thank the gentlewoman for yielding, and I thank the ranking member, Mr. Davis, for his support of this legislation. Mr. Speaker, the Capitol Building is the wellspring of American…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Dec 14, 2022

Mr. Speaker, I move to suspend the rules and pass the bill (S. 5229) to direct the Joint Committee of Congress on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court Chamber…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 14, 2022

Mr. Speaker, I thank the chairwoman of the House Administration Committee for her leadership. I also thank our resident historian, Congressman Hoyer of Maryland, for constantly reminding us of the…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Dec 15, 2022

Madam Speaker, I rise today in strong support of S. 5229, legislation to: remove the bust of Roger Taney from the United States Capitol and commission a new statue honoring Justice Thurgood Marshall.…

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Al Green
Rep. Al GreenD-TX-9 · Dec 14, 2022

Mr. Speaker, I thank the gentlewoman for yielding the time. And still I rise today, a proud graduate of the Thurgood Marshall School of Law, a son of the segregated South, and a person who believes…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Dec 8, 2022

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. 5229, introduced earlier today by Senators Cardin and Van Hollen. I further ask that the bill be…

Bill Text

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One Hundred Seventeenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two

S. 5229

AN ACT

To direct the Joint Committee of Congress on the Library to remove the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol and to obtain a bust of Thurgood Marshall for installation in the Capitol or on the Capitol Grounds, and for other purposes.

1.

Replacement of bust of Roger Brooke Taney with bust of Thurgood Marshall

(a)

Findings

Congress finds the following:

(1)

While sitting in the Capitol, the Supreme Court issued the infamous Dred Scott v. Sandford decision on March 6, 1857. Written by Chief Justice Roger Brooke Taney, whose bust sits inside the entrance to the Old Supreme Court Chamber in the Capitol, this opinion declared that African Americans were not citizens of the United States and could not sue in Federal courts. This decision further declared that Congress did not have the authority to prohibit slavery in the territories.

(2)

Chief Justice Roger Brooke Taney’s authorship of Dred Scott v. Sandford, the effects of which would only be overturned years later by the ratification of the 13th, 14th, and 15th Amendments to the Constitution of the United States, renders a bust of his likeness unsuitable for the honor of display to the many visitors to the Capitol.

(3)

As Frederick Douglass said of this decision in May 1857, This infamous decision of the Slaveholding wing of the Supreme Court maintains that slaves are within the contemplation of the Constitution of the United States, property; that slaves are property in the same sense that horses, sheep, and swine are property; that the old doctrine that slavery is a creature of local law is false; that the right of the slaveholder to his slave does not depend upon the local law, but is secured wherever the Constitution of the United States extends; that Congress has no right to prohibit slavery anywhere; that slavery may go in safety anywhere under the star-spangled banner; that colored persons of African descent have no rights that white men are bound to respect; that colored men of African descent are not and cannot be citizens of the United States..

(4)

While the removal of Chief Justice Roger Brooke Taney’s bust from the Capitol does not relieve the Congress of the historical wrongs it committed to protect the institution of slavery, it expresses Congress’s recognition of one of the most notorious wrongs to have ever taken place in one of its rooms, that of Chief Justice Roger Brooke Taney’s Dred Scott v. Sandford decision.

(b)

Removal of bust of Roger Brooke Taney

Not later than 45 days after the date of enactment of this Act, the Joint Committee of Congress on the Library (referred to in this Act as the Joint Committee) shall remove from public display the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol and the plinth upon which the bust is placed. The bust and plinth shall remain in the custody of the Senate Curator.

(c)

Bust of Thurgood Marshall

(1)

Obtaining bust

Not later than 2 years after the date of enactment of this Act, the Joint Committee shall enter into an agreement to obtain a bust of Thurgood Marshall, under such terms and conditions as the Joint Committee considers appropriate and consistent with applicable law.

(2)

Placement

(A)

In general

The Architect of the Capitol, under the direction of the Joint Committee, shall permanently install the bust obtained under paragraph (1) in a prominent location in the Capitol or on the United States Capitol Grounds, as described in section 5102 of title 40, United States Code.

(B)

Priority for location

In determining the location for the permanent installation of the bust obtained under paragraph (1), the Joint Committee shall give priority to identifying an appropriate location near the Old Supreme Court Chamber of the Capitol.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate