[Senate Report 113-217]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-217
_______________________________________________________________________

                                     

                                                       Calendar No. 486

 
     RESPONSIBLE USE OF TAXPAYER DOLLARS FOR PORTRAITS ACT OF 2013

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1820

    TO PROHIBIT THE USE OF FEDERAL FUNDS FOR THE COSTS OF OFFICIAL 
  PORTRAITS OF MEMBERS OF CONGRESS, HEADS OF EXECUTIVE AGENCIES, AND 
        HEADS OF AGENCIES AND OFFICES OF THE LEGISLATIVE BRANCH




                 July 23, 2014.--Ordered to be printed
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                  THOMAS R. CARPER, Delaware, Chairman
CARL LEVIN, Michigan                 TOM COBURN, Oklahoma
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  MICHAEL B. ENZI, Wyoming
TAMMY BALDWIN, Wisconsin             KELLY AYOTTE, New Hampshire
HEIDI HEITKAMP, North Dakota

                  Gabrielle A. Batkin, Staff Director
               John P. Kilvington, Deputy Staff Director
                    Mary Beth Schultz, Chief Counsel
           John G. Collins, Senior Professional Staff Member
               Keith B. Ashdown, Minority Staff Director
         Christopher J. Barkley, Minority Deputy Staff Director
               Andrew C. Dockham, Minority Chief Counsel
                     Laura W. Kilbride, Chief Clerk


                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background.......................................................1
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Estimated Cost of Legislation....................................3
 VI. Evaluation of Regulatory Impact..................................4
VII. Changes in Existing Law..........................................4


                                                       Calendar No. 486
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-217

======================================================================




     RESPONSIBLE USE OF TAXPAYER DOLLARS FOR PORTRAITS ACT OF 2013

                                _______
                                

                 July 23, 2014.--Ordered to be printed

                                _______
                                

 Mr. Carper, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1820]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1820) to prohibit 
the use of Federal funds for the costs of official portraits of 
Members of Congress, heads of executive agencies, and heads of 
agencies and offices of the legislative branch, having 
considered the same, reports favorably thereon, without 
amendment, and recommends that the bill do pass.

                         I. PURPOSE AND SUMMARY

    In response to lavish spending on portraits for government 
officials, S. 1820 prohibits the use of federal funds to pay 
for official portraits of Members of Congress, heads of 
executive agencies, and heads of agencies and offices of the 
legislative branch. S. 1820 offers one very narrow exception: 
the government may pay for portraits of those officials who are 
in the line of succession for the presidency, which includes 
the Speaker of the House, President Pro Tem of the Senate, and 
members of the Cabinet. However, the bill sets strict limits on 
the amount allowed for each portrait. The bill also clarifies 
that private funding may be used to pay for portraits.

                             II. BACKGROUND

    When the heads of federal agencies leave government 
service, the agencies routinely commission oil paintings to 
commemorate their service. While this practice has a long 
tradition, it also carries costs that are unjustified in the 
context of the need for fiscal restraint.\1\
---------------------------------------------------------------------------
    \1\See Washington Post, The government pays tens of thousands of 
dollars for portraits of high officials. Should it? June 20, 2013 at 
http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/20/the-
government-pays-tens-of-thousands-of-dollars-for-portraits-of-high-
officials-should-it/.
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    S. 1820 places significant limits on this practice. At a 
time when vital services and programs are facing cuts, S. 1820 
would ensure that the practice is done in a way that protects 
taxpayers from excessive spending and that portraits are only 
commissioned for a small, appropriate set of federal officials.
    Reports indicate that official portraits for the President, 
the First Lady and certain Members of Congress (including 
Committee Chairs) are commissioned with private funding,\2\ 
though House practice has traditionally allowed appropriation 
of funds for portraits of the Speaker of the House.\3\ By 
placing limits on the amount of federal funding that can 
support commissioned portraits, the bill would encourage 
Congress as well as federal agencies to adopt this same 
fiscally responsible approach of relying on private donations.
---------------------------------------------------------------------------
    \2\See Christian Science Monitor, George W. Bush Presidential 
Portrait is Unveiled. Who Paid for it? May 31, 2012 at http://
www.csmonitor.com/USA/DC-Decoder/Decoder-Buzz/2012/0531/George-W.-Bush-
presidential-portrait-is-unveiled.-Who-paid-for-it-video.
    \3\See National Journal, Why Doesn't Nancy Pelosi Have an Oil 
Painting? John Boehner Has One, January 19, 2013 at http://
www.nationaljournal.com/congress/why-doesn-t-nancy-pelosi-have-an-oil-
painting-john-boehner-has-one-20130109.
---------------------------------------------------------------------------
    S. 1820 provides a general prohibition on the use of 
federal funds for the production of portraits of a Member of 
Congress, the head of an executive agency, or the head of an 
agency or office of the legislative branch. The bill allows 
federal funds to be provided for portraits of officials in line 
for the presidency\4\ but limits taxpayer support for allowable 
portraits to $20,000 per portrait. The bill also clarifies that 
non-federal funds may be used for portraits. This combination 
of provisions would limit taxpayer support for portraits while 
encouraging federal agencies to leverage private dollars to pay 
for the portraits.
---------------------------------------------------------------------------
    \4\Pursuant to (3 U.S. Code Sec. 19), the following individuals are 
in the line of succession for the presidency: the Speaker of the House, 
President pro tempore of the Senate, Secretary of State, Secretary of 
the Treasury, Secretary of Defense, Attorney General, Secretary of the 
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of 
Labor, Secretary of Health and Human Services, Secretary of Housing and 
Urban Development, Secretary of Transportation, Secretary of Energy, 
Secretary of Education, Secretary of Veterans Affairs, Secretary of 
Homeland Security.
---------------------------------------------------------------------------
    In response to concerns raised by sponsors of the 
legislation and reports about excessive spending on portraits, 
Congress enacted a ban on taxpayer support for official 
portraits as part of the Consolidated Appropriations Act of 
2014 (PL 113-76).\5\ Since this restriction applies only to 
funds made available through that Act, it is not clear whether 
this prohibition will be continued in future years. S. 1820 
makes a permanent change in statute to ensure that, should 
Congress choose not to enact a total ban in future years 
through the appropriations process, there will be common-sense 
limits in place on an ongoing basis.
---------------------------------------------------------------------------
    \5\Sec. 736. The provision states: ``None of the funds made 
available in this or any other Act may be used to pay for the painting 
of a portrait of an officer or employee of the Federal government, 
including the President, the Vice President, a member of Congress 
(including a Delegate or a Resident Commissioner to Congress), the head 
of an executive branch agency (as defined in section 133 of title 41, 
United States Code), or the head of an office of the legislative 
branch.''
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                        III. LEGISLATIVE HISTORY

    Senator Shaheen introduced S. 1820, the Responsible Use of 
Taxpayer Dollars for Official Portraits Act, on December 11, 
2013. The bill was referred to the Committee on Homeland 
Security and Governmental Affairs. Senators Coburn, Fischer, 
Roberts and Ayotte cosponsored the bill. The Committee 
considered S. 1820 at a business meeting on May 21, 2014.
    The committee ordered the bill reported favorably without 
amendment by a voice vote on May 21, 2014. Senators present for 
the vote were Senators Carper, Pryor, Landrieu, McCaskill, 
Tester, Begich, Coburn, Johnson, Portman, and Enzi. Senator 
Landrieu requested to be recorded as voting no on the bill.

                    IV. SECTION-BY-SECTION ANALYSIS

    Section 1 provides that the short title of the bill is the 
``Responsible Use of Taxpayer Dollars for Portraits Act of 
2013.''
    Section 2(a) defines the term ``executive agency'' as 
having the meaning given that term in section 133 of title 41, 
United States Code, which includes the major departments of the 
executive branch, the military departments, other government 
agencies (other than the United States Postal Service or the 
Postal Regulatory Commission) and wholly owned government 
corporations. The section defines the term ``Members of 
Congress'' as including a Delegate or Resident Commissioner to 
Congress, and the term ``portrait'' as a painting.
    Section 2(b)(1) prohibits any federal funds from being used 
to pay for the production of a portrait of a Member of 
Congress, head of an executive agency, or head of an agency or 
office of the legislative branch, except as provided by section 
2(b)(2).
    Section 2(b)(2) allows not more than $20,000 in federal 
funds to be used to pay for the production of a portrait of an 
individual who is in the line of succession to the Presidency.
    Section 2(c) provides a rule of construction to clarify 
that nothing in the Act shall be construed to prohibit (1) the 
use of federal funds to publicly display these portraits and 
(2) the use of funds other than federal funds to produce a 
portrait of individuals described in sections 2(b)(1) or 
2(b)(2), including the use of other funds to pay the entire 
cost of a portrait.

                    V. ESTIMATED COST OF LEGISLATION

                                                     June 11, 2014.
Hon. Tom Carper,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1820, the 
Responsible Use of Taxpayer Dollars for Portraits Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1820--Responsible Use of Taxpayer Dollars for Portraits Act of 2013

    CBO estimates that implementing S. 1820 would have no 
significant effect on the federal budget. The legislation would 
amend federal law to prohibit the use of federal funds to pay 
for official portraits for members of Congress, heads of 
executive agencies, and any leader of an agency or office of 
the legislative branch other than those in the line of 
succession to the presidency. The legislation would not apply 
to the judicial branch. It would limit spending on such 
portraits to a maximum of $20,000 per portrait.
    Current appropriation law prohibits the use of federal 
funds for portraits in fiscal year 2014. CBO is unaware of any 
comprehensive information on past spending on official 
portraits, but we expect that most portraits painted of federal 
officials not in the line of succession to the presidency are 
probably in the legislative branch and the Department of 
Defense. The cost of such portraits appears to be in the 
neighborhood of $25,000, based on contract awards for a few 
federal portraits.
    CBO estimates that any savings from S. 1820 would be less 
than $500,000 annually because we expect fewer than 20 
portraits are purchased for federal officials not in the line 
of succession to the presidency in most years. Enacting S. 1820 
could affect direct spending by agencies not funded through 
annual appropriations; therefore, pay-as-you-go procedures 
apply. CBO estimates, however, that any net changes in spending 
by those agencies would be negligible. Enacting the bill would 
not affect revenues.
    S. 1820 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                  VI. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact that would be incurred in 
carrying out this legislation and determined that the bill will 
have no regulatory impact within the meaning of the rules. The 
Committee agrees with the Congressional Budget Office's 
statement that the bill constrains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and would impose no costs on State, local, or 
tribal governments. The legislation contains no other 
regulatory impact.

                      VII. CHANGES IN EXISTING LAW

    Because this legislation would not repeal or amend any 
provision of current law, it would make no changes in existing 
law within the meaning of clauses (a) and (b) of paragraph 12 
of rule XXVI of the Standing Rules of the Senate.

                                  
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