HR-9191-119
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Sponsored by Erin Houchin (R-IN)
What it does
This bill would amend Title 36 of the United States Code to designate the American mastodon (Mammut americanum) as the national fossil mammal and the Tyrannosaurus rex as the national fossil dinosaur of the United States. It would add a new section to the chapter of federal law that governs national symbols, and update the chapter's heading to reflect the addition of fossil designations.
Who benefits
Paleontologists, natural history museums, and fossil science educators who gain symbolic federal recognition for their fields. States with significant mastodon or T. rex fossil sites — such as South Dakota (T. rex), Montana, and various Midwest states (mastodon) — may see increased tourism and public interest. Science and STEM education advocates who benefit from elevated public awareness of paleontology. Children and educators who use national symbols as teaching tools.
Who is hurt
No group faces a direct material harm from this bill. States that have already designated their own official state fossils may see reduced distinctiveness of those designations. Advocates for other fossil species not selected — such as the Triceratops or other prehistoric mammals — receive no recognition under this bill.
Supporters argue
Supporters argue that designating national fossils elevates public awareness of American paleontological heritage and science education, much as the national bird and national flower serve as cultural touchstones. They contend that both the American mastodon — found across North America — and the T. rex — discovered primarily in the American West — are uniquely American symbols with broad geographic and scientific significance, making them fitting representatives of the nation's prehistoric natural history.
Opponents argue
Opponents argue that Congress has limited floor time and legislative resources, and that purely symbolic designations consume both without producing measurable policy outcomes or public benefits. They contend that fossil recognition is more appropriately handled at the state level — where many states have already designated official state fossils — and that federal symbolic legislation sets a precedent for an expanding list of national designations that dilutes the meaning of existing ones.
Constitutional context
No significant constitutional issues are raised by this bill. Congress has broad authority to designate national symbols under its general legislative powers, and courts have not meaningfully contested such designations. No provisions in the bill implicate the Commerce Clause, Takings Clause, or other contested constitutional doctrines.
Checks and balances
Congress gains the symbolic authority to define national emblems; no executive agency gains new regulatory power, and no judicial review mechanism is created or implicated.
Historical precedent
Congress has previously designated numerous national symbols through Title 36, including the bald eagle (national bird, 1782), the rose (national flower, 1986), and the oak (national tree, 2004), establishing a long tradition of purely symbolic federal designations.