2 U.S.C. § 2101 — Senate Commission on Art

Page 471 TITLE 2—THE CONGRESS § 2101 1 So in original. Probably should be followed by a period. ‘‘(a) Notwithstanding any other provision of law, the United States Capitol Preservation Commission estab- lished under section 801 of the Arizona-Idaho Conserva- tion Act of 1988 (40 U.S.C. 188a) [now 2 U.S.C. 2081] may transfer to the Architect of the Capitol amounts in the Capitol Preservation Fund established under section 803 of such Act (40 U.S.C. 188a–2) [now 2 U.S.C. 2083] if the amounts are to be used by the Architect for the planning, engineering, design, or construction of the Capitol Visitor Center. ‘‘(b) Any amounts transferred pursuant to subsection (a) shall remain available for the use of the Architect of the Capitol until expended. ‘‘(c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.’’ § 2084. Audits by the Comptroller General The Comptroller General shall conduct peri- odic audits of the transactions of the Commis- sion, which shall be conducted at least once every 3 years, unless the Chairman or the Rank- ing Member of the Committee on Rules and Ad- ministration of the Senate or the Committee on House Administration of the House of Rep- resentatives, the Secretary of the Senate, or the Clerk of the House of Representatives requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Congress. (Pub. L. 100–696, title VIII, § 804, Nov. 18, 1988, 102 Stat. 4610; Pub. L. 112–234, § 2(a), Dec. 28, 2012, 126 Stat. 1624.) Editorial Notes CODIFICATION Section was classified to section 188a–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2012—Pub. L. 112–234 substituted ‘‘periodic audits of the transactions of the Commission, which shall be conducted at least once every 3 years, unless the Chair- man or the Ranking Member of the Committee on Rules and Administration of the Senate or the Com- mittee on House Administration of the House of Rep- resentatives, the Secretary of the Senate, or the Clerk of the House of Representatives requests that an audit be conducted at an earlier date,’’ for ‘‘annual audits of the transactions of the Commission’’. § 2085. Advisory boards The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be ap- pointed by the Commission from public and pri- vate life and shall serve at the pleasure of the Commission and each co-chairman of the Com- mission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary ex- penses incurred in the performance of the duties of the boards, at the discretion of the Commis- sion. (Pub. L. 100–696, title VIII, § 805, Nov. 18, 1988, 102 Stat. 4610.) Editorial Notes CODIFICATION Section was classified to section 188a–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. § 2086. Definition As used in this part, the term ‘‘Member of the House of Representatives’’ means a Representa- tive in, or a Delegate or Resident Commissioner to, the Congress. (Pub. L. 100–696, title VIII, § 806, Nov. 18, 1988, 102 Stat. 4610.) Editorial Notes CODIFICATION Section was classified to section 188a–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. PART B—SENATE COMMISSION ON ART § 2101. Senate Commission on Art (a) Establishment There is hereby established a Senate Commis- sion on Art (hereinafter referred to as ‘‘the Com- mission’’) consisting of the President pro tem- pore of the Senate, the chairman and ranking minority member of the Committee on Rules and Administration of the Senate, and the ma- jority and minority leaders of the Senate. (b) Chairman and Vice Chairman; quorum; Exec- utive Secretary The Majority Leader and Minority Leader of the Senate shall be the chairman and vice chair- man, respectively, of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that the Commission may fix a lesser number which shall constitute a quorum for the taking of testimony. The Secretary of the Senate shall be the Executive Secretary of the Commission 1 (c) Appointment of Senate Curator; assignment of assistants The Secretary of the Senate shall appoint a Senate Curator approved by the Senate Commis- sion on Art. The Senate Curator shall be an em- ployee of the Secretary of the Senate assigned to assist the Commission. The Secretary of the Senate shall assign additional employees to as- sist the Commission, and provide such other as- sistance, as the Commission determines nec- essary. (d) Hearings and meetings The Commission shall be empowered to hold hearings, summon witnesses, administer oaths, employ reporters, request the production of pa- pers and records, take such testimony, and adopt such rules for the conduct of its hearings and meetings, as it deems necessary. (Pub. L. 100–696, title IX, § 901(a), (b)(1), (3), Nov. 18, 1988, 102 Stat. 4610, 4611; Pub. L. 108–83, title I, § 3(d)(1), Sept. 30, 2003, 117 Stat. 1012.) Page 472 TITLE 2—THE CONGRESS § 2102 Editorial Notes CODIFICATION Section was classified to section 188b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Section is based on section 1 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100–696. AMENDMENTS 2003—Subsec. (b). Pub. L. 108–83, § 3(d)(1)(A), sub- stituted ‘‘The Majority Leader and Minority Leader of the Senate shall be the chairman and vice chairman, respectively, of the Commission.’’ for ‘‘The Commission shall elect a Chairman and a Vice Chairman at the be- ginning of each Congress.’’ Subsec. (c). Pub. L. 108–83, § 3(d)(1)(B), added subsec. (c) and struck out former subsec. (c) which read as fol- lows: ‘‘The Commission shall select a Curator of Art and Antiquities of the Senate who shall be appointed by and be an employee of the Secretary of the Senate. The Curator shall serve at the pleasure of the Commis- sion, shall perform such duties as it may prescribe, and shall receive compensation at a gross rate, not to ex- ceed $22,089 per annum to be fixed by the Commission. At the request of the Commission the Secretary of the Senate shall detail to the Commission such additional professional, clerical, and other assistants as, from time to time, it deems necessary.’’ 1988—Subsec. (a). Pub. L. 100–696, § 901(b)(3), sub- stituted ‘‘Senate Commission on Art’’ for ‘‘Commission on Art and Antiquities of the United States Senate’’. Subsec. (b). Pub. L. 100–696, § 901(b)(1), inserted ‘‘The Secretary of the Senate shall be the Executive Sec- retary of the Commission’’. Statutory Notes and Related Subsidiaries SENATE RULEMAKING POWER Pub. L. 100–696, title IX, § 901(d), Nov. 18, 1988, 102 Stat. 4611, provided that: ‘‘The provisions of this sec- tion [enacting sections 2101 to 2106 of this title and amending sections 2101, 2102, and 2106 of this title] are enacted by the Congress— ‘‘(1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate, and such rules shall super- sede other rules only to the extent that they are in- consistent therewith; and ‘‘(2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.’’ INCREASES IN COMPENSATION Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Com- parability Act of 1970 (Pub. L. 91–656), see Salary Direc- tives of the President pro tempore of the Senate, set out as notes under section 4571 of this title. § 2102. Duties of Commission (a) In general The Commission is hereby authorized and di- rected to supervise, hold, place, protect, and make known all works of art, historical objects, and exhibits within the Senate wing of the United States Capitol, any Senate Office Build- ings, and in all rooms, spaces, and corridors thereof, which are the property of the United States, and in its judgment to accept any works of art, historical objects, or exhibits which may hereafter be offered, given, or devised to the Senate, its committees, and its officers for placement and exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. (b) Issuance and publication of regulations The Commission shall prescribe such regula- tions as it deems necessary for the care, protec- tion, and placement of such works of art, exhib- its, and historical objects in the Senate wing of the Capitol and the Senate Office Buildings, and for their acceptance on behalf of the Senate, its committees, and officers. Such regulations shall be published in the Congressional Record at such time or times as the Commission may deem necessary for the information of the Mem- bers of the Senate and the public. (c) Consistency of regulations Regulations authorized by the provisions of section 2183 of this title to be issued by the Ser- geant at Arms of the Senate for the protection of the Capitol, and any regulations issued, or ac- tivities undertaken, by the Committee on Rules and Administration of the Senate, or the Archi- tect of the Capitol, in carrying out duties relat- ing to the care, preservation, and protection of the Senate wing of the Capitol and the Senate Office Buildings, shall be consistent with such rules and regulations as the Commission may issue pursuant to subsection (b) of this section. (d) Responsibilities of Committee on Rules and Administration of Senate The Committee on Rules and Administration of the Senate in consultation with the Architect of the Capitol and consistent with regulations prescribed by the Commission under subsection (b) of this section, shall have responsibility for the supervision, protection, and placement of all works of art, historical objects, and exhibits which shall have been accepted on behalf of the Senate by the Commission or acknowledged as United States property by inventory of the Com- mission, and which may be lodged in the Senate wing of the Capitol or the Senate Office Build- ings by the Commission. (Pub. L. 100–696, title IX, § 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 4611.) Editorial Notes CODIFICATION Section was classified to section 188b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Section is based on section 2 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100–696. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–696, § 901(b)(2), sub- stituted ‘‘protect, and make known’’ for ‘‘and protect’’ and ‘‘Senate wing of the United States Capitol, any Senate Office Buildings’’ for ‘‘Senate wing of the Cap- itol’’. § 2103. Supervision and maintenance of Old Sen- ate Chamber The Commission shall have responsibility for the supervision and maintenance of the Old Sen- ate Chamber on the principal floor of the Senate wing of the Capitol and of the Old Supreme