2 U.S.C. § 2108 (THE CONGRESS)
§ 2108. Provisions relating to Senate Commission on Art
(a) Authority to acquire and dispose
(1) In general
The Senate Commission on Art (referred to in this section as the “Commission”) may—
(A) accept gifts of money; and
(B) acquire (by gift, purchase, or otherwise) any work of art, historical object, document, or material relating to historical matters, or exhibit, for placement or exhibition in the Senate Wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof.
(2) Accession or disposal
All works of art, historical objects, documents, or material related to historical matters, or exhibits, acquired by the Commission may, as determined by the Commission and after consultation with the Curatorial Advisory Board, be—
(A) retained for accession to the United States Senate Collection or other use; or
(B) disposed of by sale or other transaction.
(3) Omitted
(b) Advisory boards
(1) Curatorial Advisory Board
There is established a Board which shall be chaired by the Senate Curator. The Curatorial Advisory Board shall provide advice and assistance to the Commission on the acquisition, care, and disposition of items for or within the United States Senate Collection, and on such other matters as the Commission determines appropriate.
(2) Additional advisory boards
(A) In general
The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, may establish 1 or more additional advisory boards.
(B) Term
The term of existence for an additional advisory board—
(i) shall be specified by the Commission but no longer than 4 years; and
(ii) shall be renewable.
(C) Purpose
The purpose of an additional advisory board shall be to provide advice and assistance to the Commission and to further the purposes of the Commission.
(3) Appointments
(A) In general
Subject to subparagraph (B), the Curatorial Advisory Board and other advisory boards established by the Commission under paragraph (2) shall be composed of members appointed by the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission.
(B) Applicable rules
Members appointed under subparagraph (A)—
(i) shall be appointed from public and private life and shall serve at the pleasure of the Commission; and
(ii) in the case of individuals appointed to the Curatorial Advisory Board, shall be experts or have significant experience in the field of arts, historic preservation, or other appropriate fields.
Each member of the Commission may have appointed to an advisory board created by the Commission at least 1 individual requested by that member.
(4) Members
A member of a board under this subsection—
(A) may, at the discretion of the Commission, be reimbursed for actual and necessary expenses incurred in the performance of the official duties of the board from any funds available to the Commission in accordance with applicable Senate regulations for such expenses; and
(B) shall not, by virtue of such member’s service on the board, be deemed to be an officer, employee, or agent of the Senate and may not bind the Senate in any contract or obligation.
(5) Terms for additional advisory board members
Members appointed to the other advisory boards created under paragraph (2) shall serve for terms as stated in their appointment, but no longer than a term of 4 years, except that any member may be reappointed upon the expiration of their term.
(6) Regulations
The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, in consultation with the Committee on Rules and Administration, may promulgate such regulations governing advisory boards established under this subsection as are necessary to carry out the purposes of this subsection.
(7) Assistance
The Executive Secretary of the Commission shall provide assistance to an advisory board as authorized by the Commission.
(c) Establishment of Senate Preservation Fund
(1) Establishment
There is established in the Treasury a fund, to be known as the “Senate Preservation Fund” (in this section referred to as the “fund”), which shall consist of amounts deposited and credited under paragraph (3).
(2) Payment of costs
The fund shall be available to the Commission for the payment of acquisition and transaction costs incurred for acquisitions under subsection (a), for official activities of any advisory board established under subsection (b), for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title, and for expenditures, not to exceed $10,000 in any fiscal year, for meals and refreshments in Capitol facilities in connection with official activities of the Commission or other authorized programs or activities.
(3) Deposits, credits, disbursements, and transfers
(A) Deposits
The Commission shall deposit in the fund amounts appropriated for use of the fund, gifts of money, and proceeds of transactions under subsection (a).
(B) Credits
The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.
(C) Disbursements
Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the Executive Secretary of the Commission.
(D) Transfers
(i) In general
The Commission may, for individual conservation or restoration projects estimated to cost greater than $100,000, transfer amounts in the fund to the Architect of the Capitol for the cost of conservation or restoration, in whole or in part, by the Architect of the Capitol of works of art, historical objects, documents, or material relating to historical matters placed or exhibited, or to be placed or exhibited, within the Senate wing of the United States Capitol or any Senate Office Building.
(ii) Availability
Amounts transferred to the Architect of the Capitol under clause (i) and not subject to return under clause (v) shall remain available until expended.
(iii) Approval and oversight of conservation or restoration
Before authorizing transfers under clause (i), in whole or in part, the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, shall review and approve a conservation or restoration project for which such amounts are intended (referred to in this section as the “Project”). The Commission may require updated reports on the Project before any additional amounts are transferred for the Project. No disbursements may be made from funds transferred under clause (i) that are inconsistent with the Project approved by the Commission upon which the relevant transfer is based.
(iv) Acceptance of donations
The Commission retains the discretion whether or not to approve the acceptance of any donation to the fund regardless of whether the donation is intended for a conservation or restoration Project under clause (i).
(v) Issuance of guidelines
The Commission may prescribe such guidelines as it deems necessary for the approval and transfer of any amounts under clause (i) and the return of any undisbursed amounts.
(vi) Return of unused funds
The Commission may require the return of amounts transferred to the Architect of the Capitol under clause (i) and not disbursed pursuant to an approved Project within five years of the transfer. Such amounts will be returned to the fund for use or disposition as the Commission shall determine appropriate. For purposes of this subsection, the Commission may, at any time, specify a date of return greater than five years from the transfer.
(vii) Disbursement and audit responsibility
Once amounts are transferred pursuant to clause (i), disbursements from transferred funds shall be made by the Architect of the Capitol upon review of vouchers by the Architect of the Capitol and not subject to the audit provisions of clause 1 (c)(6) of this section. Such disbursements shall be limited to purposes for which funds may be disbursed pursuant to this section.
(viii) Termination
The authority to transfer amounts to the Architect of the Capitol under clause (i) shall expire ten years after the date of its initial enactment. Any amounts transferred prior to the termination of authority to transfer may continue to be expended in accordance with this section.
(4) Investments
(A) In general
The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current withdrawals.
(B) Type of obligation
Each investment required by this paragraph shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to the principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.
(C) Commission approval
In carrying out this subsection, the Secretary of the Treasury may make such purchases, sales, and redemption of obligations as may be approved by the Commission.
(5) Services and support
The Library of Congress shall provide financial management and disbursing services and support to the Commission as may be required and mutually agreed to by the Librarian of Congress and the Executive Secretary of the Commission.
(6) Audits
The Comptroller General of the United States shall conduct periodic audits of the Senate Preservation Fund, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Secretary of the Senate requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Commission.
(Pub. L. 108–83, title I, § 3, Sept. 30, 2003, 117 Stat. 1010; Pub. L. 109–55, title I, § 4, Aug. 2, 2005, 119 Stat. 568; Pub. L. 112–234, § 2(h), Dec. 28, 2012, 126 Stat. 1625; Pub. L. 115–31, div. I, title I, § 2, May 5, 2017, 131 Stat. 571.)
heading: Editorial Notes
heading: Codification
text: Section is comprised of section 3 of Pub. L. 108–83. Subsec. (a)(3) of section 3 of Pub. L. 108–83 repealed section 2106 of this title. Subsec. (d) of section 3 of Pub. L. 108–83 amended sections 2101 and 2107 of this title.
Section is from the Legislative Branch Appropriations Act, 2004.
heading: Amendments
text: 2017—Subsec. (c)(3). Pub. L. 115–31, § 2(1), substituted “disbursements, and transfers” for “and disbursements” in heading.
Subsec. (c)(3)(D). Pub. L. 115–31, § 2(2), added subpar. (D).
2012—Subsec. (c)(6). Pub. L. 112–234 substituted “periodic audits of the Senate Preservation Fund, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Secretary of the Senate requests that an audit be conducted at an earlier date,” for “annual audits of the Senate Preservation Fund”.
2005—Subsec. (c)(2). Pub. L. 109–55 substituted “for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title, and for expenditures, not to exceed $10,000 in any fiscal year, for meals and refreshments in Capitol facilities in connection with official activities of the Commission or other authorized programs or activities” for “and for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title”.