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B-327671 1 (2016-02-19)

handle is hein.gao/gaobadrxk0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-327671 February 19, 2016 The Honorable Shelley Moore Capito Chairman Subcommittee on the Legislative Branch Committee on Appropriations United States Senate Subject: Governmentwide Prohibition on the Use of Appropriations for the Painting of Portraits Dear Madam Chairman: This responds to your December 16, 2015, request for our opinion as to whether the Senate, through the Senate Commission on Art (Commission), may incur obligations for the costs associated with accepting donated portraits under the Commission's gift acceptance authority. 2 U.S.C. § 2108(a). Specifically, you ask whether section 736 of the Financial Services and General Government Appropriations Act, 2016, which prohibits the use of appropriations to pay for the painting of a portrait, also prohibits the Commission from using appropriations to cover costs necessary and incident to accepting a donated portrait. As explained below, we conclude that section 736 does not bar the Commission from obligating and expending appropriated funds for such costs, where the Commission is relying on its gift acceptance authority. BACKGROUND The Commission, established to protect and display works of art and historical objects, is permanently authorized to acquire (by gift, purchase, or otherwise) any work of art ... for placement or exhibition in the Senate Wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. Legislative Branch Appropriations Act, 2004, Pub. L. No. 108-83, title I, § 3, 117 Stat. 1007, 1010 (Sept. 30, 2003) classified at 2 U.S.C. § 2108(a)(1)(B). The contingent fund of the Senate, subject to the approval of the Committee on Appropriations of the Senate, is available to fund the expenses necessary to acquire these works of art,

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