[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 16825-16836]
[From the U.S. Government Publishing Office, www.gpo.gov]




              LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2010

  Mr. NELSON of Nebraska. Mr. President, I ask for the clerk to report 
the bill.
  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 2918, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2918) making appropriations for the 
     Legislative Branch for the fiscal year ending September 30, 
     2010, and for other purposes.

  Pending:

       Nelson (NE) amendment No. 1365, in the nature of a 
     substitute.
       McCain amendment No. 1366 (to amendment No. 1365), to 
     strike the earmark for the Durham Museum in Omaha, NE.

  Mr. NELSON of Nebraska. Mr. President, we are returning to the 
Legislative Branch Committee bill for further consideration today. It 
is my understanding that my colleague from Oklahoma has an amendment he 
would like to offer. He was here. Perhaps he will rejoin us shortly.
  To recap, this is the legislative branch bill, which has a number of 
different important issues in it, not the least of which is the fact 
that when you compare the percentage of increase this year with 
previous years, it is an effective 2.4-percent increase. We controlled 
the growing costs associated with the new Visitor Center, which were 
significant in the last budget.
  Let me, at this point, yield to the Senator from Oklahoma.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma is 
recognized.


                Amendment No. 1369 to Amendment No. 1365

  Mr. COBURN. Mr. President, I wish to spend a few minutes talking 
about the legislative branch and us and where we find ourselves. I do 
have an amendment and I appreciate the consideration of it.
  Right now, the average income in this country is down four-tenths of 
1 percent this year. Historically, people wonder why Congress cannot 
control spending. They cannot control spending because they cannot even 
control their own budget. We are going to see about a 3.2-percent 
increase in the bill. The House is coming in at 6.1. In conference, we 
will decide what the legislative branch increase in expenses is on the 
American public. The reason that spending is out of control and the 
reason we are shackling our grandchildren with an enormous amount of 
debt--another $5 trillion in the next 5 years--is because we don't even 
do a good job managing our own office budgets.
  I am on the floor a lot complaining about wasteful spending, 
earmarks, and other issues. I don't do that without setting the proper 
example in my own office. I have been here 4 complete years. I am in my 
fifth year. During that time, I have turned back, in 2005, $321,000; in 
2006, $529,000; in 2007, $516,000; and in 2008, $491,000--about 16 to 
17 percent of my budget.
  If I can do that, the question the American people ought to ask is: 
Why can't everybody up here do that? Why can't we manage our own 
legislative branch expenses? With the economic environment in which we 
find ourselves today, the American people ought to be asking what are 
our elected leaders doing to cut their expenses because we are 
borrowing a good portion of this money. Why are we not setting an 
example? If we don't do it, then we are certainly not going to have the 
various Federal agencies do it.
  If you look at spending increases, outside the omnibus and the 
Recovery Act, Congress increased spending almost 7.2 percent last year. 
The budget has in it 7.3 percent. That is three times the rate of 
income growth prior to this recession. Yet we are growing the 
government three, four times faster, and we are growing our own budgets 
two and a half or three times faster. This time, it will be five or six 
times faster than Americans' income is growing.
  The question has to be asked: If we are not good stewards with our 
own offices, how can we be good stewards with the money entrusted to 
us?
  Mr. President, I call up amendment No. 1369 and ask for its immediate 
consideration.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn] proposes an 
     amendment numbered 1369 to amendment No. 1365.

  Mr. COBURN. Mr. President I ask unanimous consent that reading of the 
amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

  (Purpose: To require expenditures by every Senate office be posted 
                    online for the public to review)

       At the appropriate place, insert the following:

     SEC. ___. REPORTING REQUIREMENT.

       Section 105(a) of the Legislative Branch Appropriations Act 
     1965 (Public Law 88-454; 2 U.S.C. 104a) is amended--
       (1) in the last sentence of paragraph (1), by striking 
     ``shall'' and inserting ``may''; and
       (2) by adding at the end the following:
       ``(6) Beginning with the report covering the first full 
     semiannual period of the 112th Congress, the Secretary of the 
     Senate--
       ``(1) shall publicly post on-line on the website of the 
     Senate each report in a searchable, itemized format as 
     required under this section;
       ``(2) shall issue each report required under this section 
     in electronic form; and
       ``(3) may issue each report required under this section in 
     other forms at the discretion of the Secretary of the 
     Senate.''.

  Mr. COBURN. Mr. President, this is a very simple amendment. It says 
we will take the money we spend and make available online to the 
American people how we spent it. Right now, there are a limited number 
of books published. We transfer it from computers to a book, but we 
don't give it to the American people so they can see how we are 
spending money on our office accounts. Senators Nelson of Nebraska and 
Reid have graciously said they support this amendment. We will have 
limited debate.
  The one way to get this spending under control in our individual 
offices, as well as in the Federal Government, is to make available to 
the American people how we spend it. So my hope is this will be a short 
period of time, and at the end of this year, the American people can go 
on a Web site and see how Tom Coburn spent his money, in terms of 
running the office of the junior Senator from Oklahoma. I think they 
will find I am as frugal with their money in my office as I am trying 
to be frugal on the floor when it comes to wasteful spending. There is 
$350 billion worth of waste that will go through this year, without one 
stroke of it being eliminated--$350 billion worth of waste and not one 
legitimate stroke will be eliminated as we go through the 
Appropriations Committees and the President's budget--and he is trying 
to eliminate some. But we won't even do a line-by-line review.
  I hope we will accept this amendment and lead by example, and the 
American people can hold us accountable for how we spend their money.
  With that, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Nebraska is 
recognized.
  Mr. NELSON of Nebraska. I know of no further debate on the amendment.
  The ACTING PRESIDENT pro tempore. If there is no further debate, the 
question is on agreeing to the amendment.
  The amendment (No. 1369) was agreed to.
  Mr. NELSON of Nebraska. Mr. President, I suggest the absence of a 
quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.

[[Page 16826]]

  The assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so 
ordered.
  Mr. BARRASSO. Madam President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Health Care Reform

  Mr. BARRASSO. Madam President, when it comes to health care, 
Democrats and Republicans all agree that we need and we want health 
care reform. Having practiced medicine for over two decades in Wyoming, 
I know that doing nothing is simply not an option. But let me tell you 
from experience that the devil is always in the details. We must be 
careful, we must be thoughtful, and we must be deliberate about the 
changes we make.
  Health care is a very complex and intensely personal issue. It 
deserves a serious, open, and transparent national debate. Any changes 
Congress makes are going to impact millions and millions of American 
families. These are people of our Nation; these are not nameless or 
faceless statistics; these are husbands, mothers, neighbors; these are 
our wives, our friends, and our coworkers; these Americans are our 
children--the Nation's most precious resources.
  We must act, but still at issue is whether Congress will act without 
sacrificing our health care system's greatest strengths. And what are 
those strengths? The freedom to choose your own doctor, the freedom to 
choose the hospital you want, and the freedom to choose the health care 
plan that fits you and fits your family's needs.
  I travel home to Wyoming every weekend. I was there yesterday. One of 
the top issues I hear about is health care. The people of Wyoming are 
concerned about the cost of their health care. Many families worry they 
will lose the health care coverage they currently have. Still others 
can't afford health insurance at all. This is what is wrong with the 
current health care system. This is what we need to fix. Wyoming 
families want to purchase health insurance coverage at an affordable 
price. They do not want to be denied coverage because of preexisting 
conditions. They do not want to lose coverage if they change jobs. But 
most of all, these families do not want Washington telling them--do not 
want Washington telling them--whom they have to see for their medical 
care. Everyone should have the freedom to choose the doctor, the 
hospital, and the health care plan they want. No Washington bureaucrat 
should ever be allowed to deny that right.
  Some in Congress continue focusing solely on government solutions. 
They want Washington, in its enduring wisdom, to take over health care. 
Some in Congress want to create a government-run health care plan. 
Their plan creates a government-run insurance model that could limit 
patient choice, eliminate personal freedoms, and decrease the quality 
of care. What starts out as one option could quickly lead to being the 
only option.
  We all know how this happens. Unlike regular health insurance, 
government health plans have unlimited access to taxpayer money. They 
can use the money to temporarily subsidize the cost of services, but 
ultimately someone must pay for the care.
  According to the Lewin Group, 119 million Americans would lose the 
private coverage they currently have if we have a government-run 
system. I know some in the Senate and the administration keep saying: 
If you like your insurance coverage, you will get to keep it. The Lewin 
Group's data proves otherwise. Their study shows that businesses will 
face a situation where it is cheaper for them to insure their employees 
through the government-run plan, so employers will then transfer their 
workers from the private insurance that they currently have--and that 
they may like--to this new Washington-run government plan. So where is 
the personal choice? At this point, the individual has no option. The 
government-run plan is their option, it is their plan, unless that 
person changes jobs to an employer who is willing or can afford to 
offer private coverage. So what happened to the ``If I like my health 
insurance plan offered by my employer, I will be able to keep it''? 
Well, that promise is out the window.
  Some say we can create safeguards that will ensure a level playing 
field between private insurance and a government-run plan. Well, as a 
doctor, I can tell you from personal experience that the government 
will never, ever compete on a level playing field with private 
business. Washington will never let its health care plan go bankrupt. 
Never. It will lose money, it will hide costs, and ultimately taxpayers 
will pay the difference. Private plans will not enjoy this same kind of 
support. That is exactly how the heavy hand of government can drive out 
competition.
  So how does government compete with private business? Well, 
Congressman Mike Pence of Indiana summed it up pretty well. He said: 
``The government competes with private business the way an alligator 
competes with a duck.''
  Supporters of the government-run Washington takeover of health care 
say the plan will keep costs low. How? By paying hospitals, doctors, 
nurses, home health agencies, hospice providers, and long-term care 
facilities less than private insurers pay. This should sound familiar. 
This is what already happens with Medicare and Medicaid. Any 
participating Medicare or Medicaid provider will tell you that today, 
right now, doctors and hospitals have to shift costs onto private 
insurers just to keep their doors open. The cost shift is to make up 
the difference between what a procedure costs and what the government 
is willing to pay for it. That is what they call cost shifting. We see 
it every day.
  A government-run plan will not encourage competition; it will take 
away your access to private health insurance. The private plans 
millions of Americans have today--the program they like, the one they 
want to keep--will be gone. The only choice remaining will be the 
government plan.
  So what does this all mean to someone who is listening in--to the 
patient? Well, it means politicians will be making health care 
decisions, not patients making those decisions with their doctors. It 
means Washington bureaucrats will be deciding whether you can have the 
hip or the knee procedure you need. It means the government will be 
saying you cannot have lifesaving medical treatment because it is too 
expensive or because you are too old. It means Washington will be 
restricting your and your child's access to the most advanced medical 
testing equipment. It means testing delays, it means diagnosis delays, 
and it means treatment delays. Delayed care is denied care, and we do 
not want that in America.
  Take a close look at what is going on in Canada right now. Last year, 
in Calgary, ophthalmologists--eye doctors--had no waiting lists for 
people needing cataract surgery. Then Alberta's cash-strapped 
government made a decision to arbitrarily lower the number of cataract 
operations it would pay for. They arbitrarily said: We are going to pay 
for 2,000 fewer cataract operations this year in Alberta than we did 
last year. So what did that mean for the people there? Well, many 
patients now have to wait a year for treatment--a year. Why? Well, the 
cutbacks forced surgeons to cancel all of the operations they had 
scheduled on people with moderately severe cataract conditions. So now 
they only book the most severe cases. Ophthalmologists are now 
concentrating their efforts only on the patients who are about to go 
blind--not the people who have a hard time seeing, the people about to 
go blind.
  Patients living in Alberta have to almost be going blind to get 
cataract surgery. Is that the kind of medical care we want for 
Americans? Absolutely not. America should strive to offer its citizens 
the highest quality, most timely health care services in the world. 
That means Americans should not have to wait weeks at a time for tests 
and treatments they need. It means no one should be denied health care 
services because of government limits or government restrictions. It

[[Page 16827]]

means no government bureaucrat should interfere in the doctor-patient 
relationship.
  Currently, the Senate HELP Committee has been debating a reform plan 
that has been put forth by Senator Kennedy and Senator Dodd. The 
nonpartisan Congressional Budget Office told us--first, it told us the 
Kennedy-Dodd plan increases spending by more than $1.3 trillion in the 
first 10 years. Once it is fully operational, the 10-year fee would be 
closer to $2.6 trillion. The number was staggering. People cried 
``sticker shock.'' What did they do? They tweaked it around a little 
bit and came out with a new estimate.
  They are just guessing. Even more disturbing is the plan is 
incomplete. The Congressional Budget Office still has additional 
policies to score to come up with a pricetag. Clearly, this estimate 
does not reflect the bill's true cost because they left out Medicaid, 
something they have been forcing onto the States, and Governors all 
around the country have been crushed by these Medicaid-increased fees 
and increased expenses.
  Ten years and trillions of dollars later, the Congressional Budget 
Office also tells us this plan only reduces the number of people who do 
not have insurance by 17 million. That leaves over 30 million Americans 
still without health insurance, and they are spending $1 trillion.
  Finally, the Congressional Budget Office indicates that about 15 
million people would actually lose the insurance they have now, be 
forced off of their employer-paid-for insurance under this trillion-
dollar plan.
  To me, this Kennedy-Dodd plan suffers from what I call the three Cs: 
it costs too much, it covers too few, and it causes too many people who 
already have insurance to lose the coverage they have.
  Some in Congress believe unless we completely dismantle the current 
health care system and build it up in the image of big government, then 
reform, they say, is simply not worth doing. I disagree. Americans do 
not want the same government bureaucracy that has given us the 
Department of Motor Vehicles controlling our medical decisions. 
Americans don't want increased bureaucratic hassles, we don't want long 
waits, and we don't want restrictions on our medical care.
  What we need is a serious, transparent health care debate. That is 
what Americans want. They want us to listen to their ideas, their 
concerns, their suggestions. The only way they can give us their ideas, 
concerns, and specifically their suggestions about a health care bill 
is if they actually get to read the bill.
  Whether we should reform our health care system is no longer in 
question. Americans have answered with a resounding yes, and they don't 
want to continue to wait. They want simple, practical, affordable 
changes now: Changes such as prohibiting the use of preexisting 
condition clauses, changes such as allowing people to take their health 
insurance with them when they switch jobs. Madam President, you have a 
young family; I have a young family. Our children are going to have 
seven or eight jobs over the course of their lifetimes. They will need 
to take their insurance with them. We need to have changes such as 
offering premium breaks for making healthy lifestyle choices, changes 
such as having the same tax breaks for people who buy their own 
insurance as big companies get when they pay for insurance for their 
employees--we need families to have those same tax breaks. We need 
changes such as allowing people to shop across State lines to look for 
better deals, keeping their costs down.
  I want to continue to come forward with commonsense ideas. I want the 
majority in Congress to work with me and with members of my party on a 
bipartisan health reform plan. That is the need. That is the need the 
country is expecting us to address. That is what I would like to do. We 
cannot simply put government in charge of health care and put 
bureaucrats in between patients and their doctors.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DeMINT. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 1370 to Amendment No. 1365

  Mr. DeMINT. Madam President, I hope everyone had a good break. I 
can't say that I am glad to be back, but there are some important 
things to do. I start by calling up amendment No. 1370, which is at the 
desk, and ask for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. DeMint] proposes an 
     amendment numbered 1370 to Amendment No. 1365.

  Mr. DeMINT. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To direct the Architect of the Capitol to engrave the Pledge 
of Allegiance to the Flag and the National Motto of ``In God We Trust'' 
                     in the Capitol Visitor Center)

       At the appropriate place, insert the following:

     SEC. ___. ENGRAVING OF THE PLEDGE OF ALLEGIANCE TO THE FLAG 
                   AND THE NATIONAL MOTTO IN THE CAPITOL VISITOR 
                   CENTER.

       (a) Engraving Required.--The Architect of the Capitol shall 
     engrave the Pledge of Allegiance to the Flag and the National 
     Motto of ``In God We Trust'' in the Capitol Visitor Center, 
     in accordance with the engraving plan described in subsection 
     (b).
       (b) Engraving Plan.--The engraving plan described in this 
     subsection is a plan setting forth the design and location of 
     the engraving required under subsection (a) which is prepared 
     by the Architect of the Capitol and approved by the Committee 
     on Rules and Administration of the Senate and the Committee 
     on House Administration of the House of Representatives.

  Mr. DeMINT. Madam President, this amendment is about the Capitol 
Visitor Center. Among other things, we all know the new Capitol Visitor 
Center, which is very beautiful, welcomes folks from all over the 
country and the world to the Capitol. It includes interesting and 
valuable museum-style exhibits about the history of the Capitol and 
Congress. Unfortunately, the way the Capitol Visitor Center has been 
built and the way the displays have been set up, it conspicuously 
ignores America's unique religious heritage and the role that heritage 
played in the founding of the Republic. Indeed, the original exhibits 
now there seem to suggest the Federal Government was the solution to 
all our problems and the fulfillment of all human aspirations, as if we 
were a government with a nation instead of the other way around. Even 
the national motto was misrepresented--as out of many, one.
  My unanimous consent agreement will help correct the record as it is 
displayed at the Capitol Visitor Center. It will authorize the 
engraving of our true national motto, which is: In God we trust. It 
will also order the engraving of the Pledge of Allegiance with its 
reference to one Nation under God in a prominent position in the 
Capitol Visitor Center. From the beginning many of us were concerned 
about what looked like a historical whitewash of our Nation's faith 
heritage from the Capitol Visitor Center. I thank Senators Feinstein 
and Bennett for their support. I have a letter they both signed 
formalizing our agreement for the historical corrections in my 
amendment.
  I ask unanimous consent that this letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         U.S. Senate, Committee on


                                      Rules and Administration

                               Washington, DC, September 26, 2008.
     Hon. Jim DeMint,
     Russell Senate Office Building,
     Washington, DC.
       Dear Jim: After many years of anticipation the Architect of 
     the Capitol is preparing for the opening of the new Capitol 
     Visitor Center (CVC) on December 2, 2008.
       Delaying the opening of the CVC has serious security 
     implications. The CVC was designed so that public visitors 
     will be screened at one secure location, improving security 
     in the U.S. Capitol for constituents, staff and Members.
       Delaying the opening of the CVC also has significant 
     financial consequences. As you

[[Page 16828]]

     are aware, the CVC has already cost $621 million for 
     construction. The Architect is currently paying the cost of 
     salaries and benefits for staff preparing to open and operate 
     the facility for the American public. Every day the CVC is 
     closed to the public, it will cost the taxpayer $72,040 in 
     unused staff resources.
       In response to your letter dated September 25, 2008, we 
     agree in principle to support engraving ``In God We Trust'' 
     in stone in a prominent location within the CVC; engraving 
     ``The Pledge of Allegiance'' in stone in a prominent location 
     within the CVC; and removing the words ``Our Nation's Motto'' 
     from the Unity panel on the Wall of Aspirations of the 
     Exhibition Hall in the CVC, and replacing it with a new 
     panel.
       We recognize that one of your suggestions (renaming ``Our 
     Nation's Motto'') is a correction, and the ``Pledge'' and 
     ``In God We Trust'' are additions. The approximate cost of 
     doing all three projects, according to the Architect of the 
     Capitol, is $150,000.
       We are pleased that you have agreed to Senate consideration 
     of the CVC legislation.
           Sincerely,
     Dianne Feinstein,
       Chairman.
     Robert F. Bennett,
       Ranking Member.

  Mr. DeMINT. I also want to make a point about the unfortunate expense 
associated with these design corrections. I regret these funds must be 
spent. That the historical whitewash of the original design contained 
these inaccuracies was unfortunate, certainly. But the $150,000 this 
project will cost is less than 1/10th of 1 percent of the cost of the 
Capitol Visitor Center. Anyone interested in finding offsets can count 
on my support in identifying waste in the underlying bill that is 
funding Congress for next year. When these engravings are completed and 
when we can welcome God back into the Capitol Visitor Center, visitors 
to the Capitol will see a fairer and more historically accurate 
depiction of the all-important relationship between faith and freedom 
in America.
  I understand the majority is prepared to accept the amendment by a 
voice vote or unanimous consent.
  Mr. NELSON of Nebraska. There is no objection.
  The PRESIDING OFFICER. If there is no further debate on the 
amendment, the question is on agreeing to the amendment.
  The amendment (No. 1370) was agreed to.


                Amendment No. 1367 to Amendment No. 1365

  Mr. DeMINT. Madam President, I have another amendment I have been 
informed the majority plans to block consideration of, which is No. 
1367 regarding transparency at the Federal Reserve. I wish nonetheless 
to take a few moments to discuss it.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DeMINT. The unelected central bank of the United States, the 
Federal Reserve, enjoys a monopoly over the flow of our money and 
credit but has never been completely transparent and accountable to 
Congress since its creation in 1913. Since 1913, our dollar has lost 
more than 95 percent of its purchasing power. My amendment is called 
the Federal Reserve sunshine amendment. It is modeled after legislation 
sponsored by Representative Ron Paul of Texas in the House and our 
colleague Senator Sanders of Vermont in the Senate. This amendment 
amends section 714 of title 31 of the United States Code to remove 
existing restrictions on how the Government Accountability Office can 
audit the Federal Reserve. With these limitations gone, the Fed's 
discount window operation, funding facilities, open market operations, 
and agreements with foreign central banks and governments would all be 
finally open to congressional oversight. The Government Accountability 
Office would be required to audit the Fed by the end of 2010 and to 
report its findings to Congress.
  Every dollar created by the Fed has an effect on the value of the 
dollars in our pockets and bank accounts. We need to pay more attention 
to the effect of Washington decisions, whether fiscal policy made by 
Congress or monetary policy made by the Fed. They all are ultimately 
borne by the American people. The Federal Reserve will create and 
disburse trillions of dollars in response to our current financial 
crisis. Americans across the Nation, regardless of their opinion on the 
bailout, want to know where the money has gone, exactly how much has 
been spent, and what collateral has been taken in return. That is why 
we see so much bipartisan support in the House, in Bernie Sanders and 
Jim DeMint being on the same side in the Senate. Inflation is a hidden 
tax. We, unfortunately, forget about it too often when we are debating 
spending bills in Congress.
  Our fiscal actions, higher deficits, increased long-term debt, and 
entitlement obligations will necessarily need to be paid for by 
printing new money or borrowing more money from an increasingly 
skeptical world. Either option results in higher interest rates for 
consumers and a devaluing of the dollars they have already earned and 
saved. Allowing the Fed to operate our Nation's monetary system in 
almost complete secrecy leads to abuse, inflation, and a lower quality 
of life for every American. Unfortunately, the majority has decided to 
use a procedural tactic to block a vote on this amendment by invoking 
something called rule XVI. This is a rule that prevents policy being 
added to spending bills. The majority claims we do not legislate on 
appropriations bills. Of course, that is false. In fact, there are 
already rule XVI violations in the bill we are trying to amend. We saw 
this majority airdrop the cash for clunkers program into the recent 
supplemental appropriations bill.
  The majority may claim this amendment is not relevant to the 
underlying bill, but in fact there are already provisions in this bill 
related to Government Accountability Office audits, so this language is 
quite appropriate on this bill. The legislation has already received 
the support of more than one-half of the House of Representatives 
within a few short months of its introduction. It is time for the 
Senate to show its support.
  I ask the majority leader again to allow a vote on amendment 1367 
regarding a GAO audit of the Federal Reserve.
  I call up amendment 1367.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from South Carolina [Mr. DeMint] proposes an 
     amendment numbered 1367 to amendment No. 1365.

  The amendment is as follows:

 (Purpose: To amend title 31, United States Code, to reform the manner 
   in which the Board of Governors of the Federal Reserve System is 
audited by the Comptroller General of the United States and the manner 
       in which such audits are reported, and for other purposes)

       At the appropriate place, insert the following:

     SEC. ___. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Subsection (b) of section 714 of title 31, 
     United States Code, is amended by striking all after ``shall 
     audit an agency'' and inserting a period.
       (b) Audit.--Section 714 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) Audit and Report of the Federal Reserve System.--
       ``(1) In general.--The audit of the Board of Governors of 
     the Federal Reserve System and the Federal reserve banks 
     under subsection (b) shall be completed before the end of 
     2010.
       ``(2) Report.--
       ``(A) Required.--A report on the audit referred to in 
     paragraph (1) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       ``(B) Contents.--The report under subparagraph (A) shall 
     include a detailed description of the findings and conclusion 
     of the Comptroller General with respect to the audit that is 
     the subject of the report, together with such recommendations 
     for legislative or administrative action as the Comptroller 
     General may determine to be appropriate.''.

  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. NELSON of Nebraska. Madam President, I make a point of order 
against the DeMint amendment that it is legislation on appropriations.

[[Page 16829]]


  The PRESIDING OFFICER. The point of order is well taken. The 
amendment falls.
  Mr. DeMINT. Madam President, I regret the objection. Since the other 
side is arguing that rule XVI applies here, my amendment contains 
language to an existing GAO audit of the Federal Reserve. Because it is 
legislative in nature--in other words, because it actually addresses 
the audit itself and not just the funds for the General Accountability 
Office--they say it is out of order. I have a parliamentary inquiry: Is 
the language in section 1501(b) dealing with an existing GAO audit of 
the National Transportation Safety Board legislative?
  The PRESIDING OFFICER. It is.
  Mr. DeMINT. I thank the Chair. Does it violate rule XVI?
  The PRESIDING OFFICER. It does.
  Mr. DeMINT. So the Democrats are suggesting that it is somehow 
illegitimate for me to offer an amendment dealing with an existing GAO 
audit when they themselves have included language dealing with other 
audits that flatly violates rule XVI.
  Further parliamentary inquiry: Is the language in section 1501(c) 
regarding a GAO audit of local educational agency spending legislative 
in nature and in violation of rule XVI?
  The PRESIDING OFFICER. Yes.
  Mr. DeMINT. I thank the Chair. What about section 1501(d) which 
repeals a GAO audit of the small business participation in the Alaska 
national pipeline; is that legislative in nature and does it violate 
rule XVI?
  The PRESIDING OFFICER. Yes, it is.
  Mr. DeMINT. Madam President, I have a long list here for which I 
understand from the Parliamentarian the answers will continue to be 
yes. We have several provisions, obviously, dealing with the GAO and 
GAO audits in this bill. The other side cannot stand behind a rule they 
have flagrantly violated themselves.
  There is an earmark in this bill for Nebraska. It is the only earmark 
in the bill.
  I would ask the Chair, what about the provision in the Library of 
Congress section containing a $200,000 earmark for the Durham Museum in 
Omaha, NE? Is that a legislative item? And does it violate rule XVI?
  The PRESIDING OFFICER. It is legislative, but the Chair is aware of a 
defense in germaneness.
  Mr. DeMINT. Thank you, Madam President. Then, would it be accurate to 
say the provision contains legislative language that meets the 
definition of rule XVI, even though it is arguably germane to the House 
language?
  The PRESIDING OFFICER. It is legislative in nature.
  Mr. DeMINT. Thank you, Madam President.
  I think I have made my point, and I will not take this any further. 
Clearly, there is a double standard.
  One of the most sought after amendments we have probably brought up 
in the House and the Senate since I have been here is an audit of the 
Federal Reserve. Everywhere I went last week people were thanking me 
for finally looking at what the Federal Reserve was doing and trying to 
let the American people know what is happening.
  This is an audit that has broad support, and I would encourage my 
colleagues on the Democratic side to allow this amendment to be voted 
on. But, apparently, the other side has decided to challenge it with 
rule XVI, which they do not apply to their own language.
  But as I said, Madam President, I have probably said enough and I 
thank you for your indulgence.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCAIN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1366

  Under the previous order, there will now be 10 minutes of debate, 
equally divided and controlled between the Senator from Arizona, Mr. 
McCain, and the Senator from Nebraska, Mr. Nelson.
  The Senator from Arizona is recognized.
  Mr. McCAIN. Madam President, I hope my colleagues will vote to strike 
this earmark for the Durham Museum in Omaha, NE. Strangely enough, this 
amount has been inserted by the Senator from Nebraska--this $200,000 
for the Durham Museum in Omaha, NE.
  Lest there be any confusion about this, in the last tax return of the 
Durham Museum in Omaha, NE, they had $10,917,319. So the museum is 
fairly well off. They have assets of about $11 million. Apparently, the 
Senator from Nebraska thinks they need a couple hundred grand extra--on 
the Legislative Branch Appropriations bill.
  Again, I am interested in hearing the Legislative Branch 
Appropriations connection to the Durham Museum in Omaha, NE. I am sure 
it is a fine museum, a wonderful museum, and it gets many visitors from 
all over the great State of Nebraska. I just came from the great State 
of Arizona, and do you know what. Storefronts are closing, people are 
losing their jobs, and unemployment is up. So what are we doing here in 
Washington, our Nation's capital? Business as usual. But what is an 
earmark of just $200,000? What is $200,000 in the trillions we are 
spending? The legislation says that amount ``shall remain available 
until expended for the purpose of preserving, digitizing, and making 
available historically and culturally significant materials related to 
the development of Nebraska and the American West.''
  What makes this museum so needy of the taxpayers' dollars? What is it 
about the Durham Museum in Omaha, NE, that says we need $200,000? Well, 
they don't, obviously. They had nearly $11 million in net assets at the 
end of 2007. Why are we earmarking $200,000 of taxpayer funds for this 
museum?
  We should not be earmarking these kinds of funds. This is a 
Legislative Branch Appropriations bill to fund the functioning of 
Congress, the legislative branch, not a museum in Omaha, NE, which I am 
sure is a wonderful place.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Nebraska is recognized.
  Mr. NELSON of Nebraska. My colleague from Arizona is right. It is a 
wonderful, an outstanding museum.
  As a quick refresher for my colleagues, this is a project that was 
requested by the Durham Museum in Omaha, NE. This is a well-respected, 
not-for-profit organization with a longstanding and close relationship 
with the Library of Congress.
  The $200,000 requested in this bill for the Durham Museum to begin 
the preservation and digitization of the museum's photo archive 
collection will preserve our history and improve access to these 
priceless treasures.
  The museum will provide a public service of Federal interest making 
it appropriate to promote a public-private partnership. This truly is a 
public-private partnership--the funding for the project in this bill is 
only 10 percent of the total cost. The Durham Museum will privately 
raise the remaining 90 percent and incur all ongoing operating costs.
  The Library of Congress is an expert in the area of digitization and 
preservation of fragile photos and images. Taking that into 
consideration with the fact that the library enjoys ``a remarkable 
long-term relationship with the Durham Museum,'' to use the words of 
the Librarian of Congress, Dr. James Billington, it makes this 
partnership worthy of support and further makes this funding 
appropriate in this legislation.
  To reiterate some of the points I made prior to the recess, this 
project is more than just a ``photo exhibit.'' In addition to making 
these images available to the public, the Durham will work with and 
assist the Library of Congress to establish conservation and 
preservation training programs, and on incorporating digitized primary 
source materials into school curricula.
  While I understand my colleague and I may disagree on the larger 
philosophical issue about the role of Congress to set spending 
priorities, I note that this project relates explicitly to the goals 
and purposes of the Library to expand access to our Nation's most

[[Page 16830]]

treasured documents and artifacts. It will, through this partnership, 
make these historical images accessible nationally. It is funded here 
for that reason.
  Lastly, not all treasures are located inside the beltway. The Durham 
Museum seeks to preserve a significant collection of images and photos 
that document the western expansion of this great Nation. These images 
will include, among others, a number of wonderful images of Presidents 
Roosevelt, Kennedy, and others; growth and development of the 
transcontinental railroad--the Union Pacific is headquartered in Omaha, 
NE-- Native American tribes from across the country dating back to the 
1880s; photographs taken by prominent early photographer William Henry 
Jackson, who lived and worked briefly in Omaha; stockyards and 
meatpacking industries, which brought many immigrants and settlers to 
that part of the country in the early and mid-20th century; early 
transportation, including steamboats, streetcars, and cityscapes.
  Again quoting Dr. Billington:

       Digitization of the Durham Museum's nationally significant 
     collection of more than 500,000 images in prints, negatives, 
     and glass plate negatives will greatly enhance citizens' 
     access to these treasures and preserve them for future 
     generations.

  The project will be moved significantly forward by the able 
assistance of the Library of Congress, and I thank Dr. Billington for 
his willingness to assist with this important project. I ask my 
colleagues to support its inclusion in this bill.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. McCAIN. Madam President, how much time do I have remaining?
  The PRESIDING OFFICER. Two minutes 14 seconds.
  Mr. McCAIN. Madam President, let me get this straight. We now have an 
unauthorized earmark, and there has never been a hearing or a request 
from the administration for this vital project in Omaha, NE. There has 
never been a hearing of any kind or a request from the administration, 
nor, to my knowledge, scheduling of any kind of hearing on it.
  Of course, this is one of the classic examples of an earmark being 
put in because of the judgment of a Member of Congress who believes 
this project is important to his or her State or locality, and there 
has never been any competition for it. I am sure there are libraries 
all over America--including in Arizona--that would love to have a 
couple hundred grand to digitize and preserve materials related to the 
development of the West.
  Let's get this straight. This is a Legislative Branch Appropriations 
bill intended to fund the legislative activities of the Congress of the 
United States, which has some connection to the Library of Congress, 
which I imagine that hundreds, if not thousands, of libraries 
throughout the country do, and then we connect it now as a rationale 
for $200,000 for the Durham Museum.
  Again, all I say to my colleague from Nebraska is that Americans are 
tired of earmarking and projects that are not authorized, that there is 
no competition for, but are directly related to the influence of 
Members of Congress. It is wrong. We should remove this, and we should 
use this as an example of the kind of fiscal discipline that maybe we 
ought to start exercising, and I intend to go to the floor on earmark 
after earmark, and the American people are going to have tea parties 
all over America in direct objection to the kind of conduct we are 
exercising in Congress. I hope that sooner or later we will listen.
  I yield back the remainder of my time.
  Mr. NELSON of Nebraska. Madam President, I respectfully urge my 
colleagues to vote ``no'' on this amendment.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. NELSON of Nebraska. Madam President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  All time has expired. The question is on agreeing to amendment No. 
1366. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), the Senator from 
Washington (Mrs. Murray), and the Senator from New Mexico (Mr. Udall) 
are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback), the Senator from Georgia (Mr. Isakson), 
and the Senator from Mississippi (Mr. Wicker).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 31, nays 61, as follows:

                      [Rollcall Vote No. 215 Leg.]

                                YEAS--31

     Alexander
     Barrasso
     Bayh
     Bunning
     Burr
     Chambliss
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Hagan
     Hutchison
     Inhofe
     Johanns
     Kyl
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Risch
     Roberts
     Sessions
     Thune
     Vitter

                                NAYS--61

     Akaka
     Baucus
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feinstein
     Gillibrand
     Gregg
     Harkin
     Hatch
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Menendez
     Merkley
     Mikulski
     Murkowski
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--7

     Brownback
     Byrd
     Isakson
     Kennedy
     Murray
     Udall (NM)
     Wicker
       The amendment (No. 1366) was rejected.


                           Amendment No. 1365

  Mr. COBURN. Madam President, I make a constitutional point of order 
that the earmark for the Durham Museum in Omaha, NE, as contained on 
page 21, line 15, after the word ``mission'' through line 20, violates 
article I, section 8 of the Constitution, and also violates the 10th 
amendment of the Constitution of the United States.
  The PRESIDING OFFICER. The Chair submits the constitutional point of 
order to the Senate. Is it in order to offer such an amendment to the 
bill?
  Mr. COBURN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  Is there further debate? If not, the clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), the Senator from 
Washington (Mrs. Murray), and the Senator from New Mexico (Mr. Udall) 
are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Georgia (Mr. Isakson).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 70, nays 23, as follows:

                      [Rollcall Vote No. 216 Leg.]

                                YEAS--70

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Corker
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gillibrand
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman

[[Page 16831]]


     Lincoln
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--23

     Alexander
     Barrasso
     Bunning
     Burr
     Chambliss
     Coburn
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Inhofe
     Johanns
     Kyl
     Lugar
     Martinez
     McCain
     Risch
     Roberts
     Sessions
     Thune
     Vitter

                             NOT VOTING--6

     Brownback
     Byrd
     Isakson
     Kennedy
     Murray
     Udall (NM)
  The PRESIDING OFFICER. The point of order is not sustained. The 
substitute amendment is in order.
  Under the previous order, the substitute amendment (No. 1365), as 
amended, is agreed to and the motion to reconsider is considered made 
and laid upon the table.
  Mr. CONRAD. Mr. President, I rise to offer for the record, the Budget 
Committee's official scoring of S. 1294, the Legislative Branch 
Appropriations Act for fiscal year 2010.
  The bill, as reported by the Senate Committee on Appropriations, 
provides $3.1 billion in discretionary budget authority for fiscal year 
2010, which will result in new outlays of $2.6 billion. When outlays 
from prior-year budget authority are taken into account, discretionary 
outlays for the bill will total $3.3 billion.
  The Senate-reported bill is below its section 302(b) allocation for 
budget authority by $1.5 billion and below its allocation for outlays 
by $1.3 billion. The Senate-reported bill does not include funding for 
House-only items. Funding for these items will be included in the 
conference agreement. No points of order lie against the committee-
reported bill.
  I ask unanimous consent that the table displaying the Budget 
Committee scoring of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          S. 1294, LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2010
  [Spending comparisons--Senate-Reported Bill (in millions of dollars)]
------------------------------------------------------------------------
                                                               General
                                                               purpose
------------------------------------------------------------------------
Senate-Reported Bill:
    Budget Authority-......................................        3,136
    Outlays-...............................................        3,275
Senate 302(b) Allocation:
    Budget Authority-......................................        4,622
    Outlays-...............................................        4,615
House-Passed Bill:
    Budget Authority-......................................        3,675
    Outlays-...............................................        3,810
President's Request:
    Budget Authority-......................................        5,154
    Outlays-...............................................        4,912
 
                    Senate-Reported Bill Compared To:
 
Senate 302(b) allocation:-
    Budget Authority -.....................................       -1,486
    Outlays-...............................................      -1,340-
House-Passed Bill:-
    Budget Authority -.....................................         -539
    Outlays-...............................................        -535-
President's Request:-
    Budget Authority -.....................................       -2,018
    Outlays-...............................................      -1,637-
------------------------------------------------------------------------
Note: The Senate-reported bill does not include funding for House-only
  items.-

  The PRESIDING OFFICER. The question is on the engrossment of the 
amendment and third reading of the bill.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill, as amended, pass?
  Mr. NELSON of Nebraska. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Massachusetts (Mr. Kennedy), the Senator from 
Louisiana (Ms. Landrieu), the Senator from Washington (Mrs. Murray), 
and the Senator from New Mexico (Mr. Udall) are necessarily absent.
  Mr. KYL. The following Senators are necessariy absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Georgia (Mr. Isakson).
  The PRESIDING OFFICER (Mr. Begich). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 67, nays 25, as follows:

                      [Rollcall Vote No. 217 Leg.]

                                YEAS--67

     Akaka
     Alexander
     Baucus
     Bayh
     Begich
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Corker
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gillibrand
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inouye
     Johanns
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--25

     Barrasso
     Bennet
     Bunning
     Burr
     Chambliss
     Coburn
     Conrad
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Inhofe
     Kyl
     Martinez
     McCain
     McCaskill
     Risch
     Roberts
     Sessions
     Thune
     Udall (CO)
     Vitter

                             NOT VOTING--7

     Brownback
     Byrd
     Isakson
     Kennedy
     Landrieu
     Murray
     Udall (NM)
  The bill (H.R. 2918), as amended, was passed, as follows:

                               H.R. 2918

       Resolved, That the bill from the House of Representatives 
     (H.R. 2918) entitled ``An Act making appropriations for the 
     Legislative Branch for the fiscal year ending September 30, 
     2010, and for other purposes.'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the legislative 
     branch for the fiscal year ending September 30, 2010, and for 
     other purposes, namely:

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

       For expense allowances of the Vice President, $20,000; the 
     President Pro Tempore of the Senate, $40,000; Majority Leader 
     of the Senate, $40,000; Minority Leader of the Senate, 
     $40,000; Majority Whip of the Senate, $10,000; Minority Whip 
     of the Senate, $10,000; Chairmen of the Majority and Minority 
     Conference Committees, $5,000 for each Chairman; and Chairmen 
     of the Majority and Minority Policy Committees, $5,000 for 
     each Chairman; in all, $180,000.

    Representation Allowances for the Majority and Minority Leaders

       For representation allowances of the Majority and Minority 
     Leaders of the Senate, $15,000 for each such Leader; in all, 
     $30,000.

                    Salaries, Officers and Employees

       For compensation of officers, employees, and others as 
     authorized by law, including agency contributions, 
     $178,982,000, which shall be paid from this appropriation 
     without regard to the following limitations:

                      office of the vice president

       For the Office of the Vice President, $2,517,000.

                  office of the president pro tempore

       For the Office of the President Pro Tempore, $752,000.

              offices of the majority and minority leaders

       For Offices of the Majority and Minority Leaders, 
     $5,212,000.

               offices of the majority and minority whips

       For Offices of the Majority and Minority Whips, $3,288,000.

                      committee on appropriations

       For salaries of the Committee on Appropriations, 
     $15,844,000.

                         conference committees

       For the Conference of the Majority and the Conference of 
     the Minority, at rates of compensation to be fixed by the 
     Chairman of each such committee, $1,726,000 for each such 
     committee; in all, $3,452,000.

 offices of the secretaries of the conference of the majority and the 
                       conference of the minority

       For Offices of the Secretaries of the Conference of the 
     Majority and the Conference of the Minority, $850,000.

[[Page 16832]]



                           policy committees

       For salaries of the Majority Policy Committee and the 
     Minority Policy Committee, $1,763,000 for each such 
     committee; in all, $3,526,000.

                         office of the chaplain

       For Office of the Chaplain, $415,000.

                        office of the secretary

       For Office of the Secretary, $25,790,000.

             office of the sergeant at arms and doorkeeper

       For Office of the Sergeant at Arms and Doorkeeper, 
     $70,000,000.

        offices of the secretaries for the majority and minority

       For Offices of the Secretary for the Majority and the 
     Secretary for the Minority, $1,836,000.

               agency contributions and related expenses

       For agency contributions for employee benefits, as 
     authorized by law, and related expenses, $45,500,000.

            Office of the Legislative Counsel of the Senate

       For salaries and expenses of the Office of the Legislative 
     Counsel of the Senate, $7,154,000.

                     Office of Senate Legal Counsel

       For salaries and expenses of the Office of Senate Legal 
     Counsel, $1,544,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

       For expense allowances of the Secretary of the Senate, 
     $7,500; Sergeant at Arms and Doorkeeper of the Senate, 
     $7,500; Secretary for the Majority of the Senate, $7,500; 
     Secretary for the Minority of the Senate, $7,500; in all, 
     $30,000.

                   Contingent Expenses of the Senate

                      inquiries and investigations

       For expenses of inquiries and investigations ordered by the 
     Senate, or conducted under paragraph 1 of rule XXVI of the 
     Standing Rules of the Senate, section 112 of the Supplemental 
     Appropriations and Rescission Act, 1980 (Public Law 96-304), 
     and Senate Resolution 281, 96th Congress, agreed to March 11, 
     1980, $145,500,000.

expenses of the united states senate caucus on international narcotics 
                                control

       For expenses of the United States Senate Caucus on 
     International Narcotics Control, $520,000.

                        secretary of the senate

       For expenses of the Office of the Secretary of the Senate, 
     $2,000,000.

             sergeant at arms and doorkeeper of the senate

       For expenses of the Office of the Sergeant at Arms and 
     Doorkeeper of the Senate, $153,601,000, which shall remain 
     available until September 30, 2014.

                          miscellaneous items

       For miscellaneous items, $19,145,000, of which up to 
     $500,000 shall be made available for a pilot program for 
     mailings of postal patron postcards by Senators for the 
     purpose of providing notice of a town meeting by a Senator in 
     a county (or equivalent unit of local government) at which 
     the Senator will personally attend: Provided, That any amount 
     allocated to a Senator for such mailing shall not exceed 50 
     percent of the cost of the mailing and the remaining cost 
     shall be paid by the Senator from other funds available to 
     the Senator.

        senators' official personnel and office expense account

       For Senators' Official Personnel and Office Expense 
     Account, $425,000,000.

                          official mail costs

       For expenses necessary for official mail costs of the 
     Senate, $300,000.

                        Administrative Provision

           gross rate of compensation in offices of senators

       Section 1.  Effective on and after October 1, 2009, each of 
     the dollar amounts contained in the table under section 
     105(d)(1)(A) of the Legislative Branch Appropriations Act, 
     1968 (2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the 
     dollar amounts in that table, as adjusted by law and in 
     effect on September 30, 2009, increased by an additional 
     $50,000 each.


                         reporting requirement

       Sec. 2. Section 105(a) of the Legislative Branch 
     Appropriations Act 1965 (Public Law 88-454; 2 U.S.C. 104a) is 
     amended--
       (1) in the last sentence of paragraph (1), by striking 
     ``shall'' and inserting ``may''; and
       (2) by adding at the end the following:
       ``(6) Beginning with the report covering the first full 
     semiannual period of the 112th Congress, the Secretary of the 
     Senate--
       ``(1) shall publicly post on-line on the website of the 
     Senate each report in a searchable, itemized format as 
     required under this section;
       ``(2) shall issue each report required under this section 
     in electronic form; and
       ``(3) may issue each report required under this section in 
     other forms at the discretion of the Secretary of the 
     Senate.''.

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

       For salaries and expenses of the House of Representatives, 
     $1,375,200,000, as follows:

                        house leadership offices

       For salaries and expenses, as authorized by law, 
     $25,881,000, including: Office of the Speaker, $5,077,000, 
     including $25,000 for official expenses of the Speaker; 
     Office of the Majority Floor Leader, $2,530,000, including 
     $10,000 for official expenses of the Majority Leader; Office 
     of the Minority Floor Leader, $4,565,000, including $10,000 
     for official expenses of the Minority Leader; Office of the 
     Majority Whip, including the Chief Deputy Majority Whip, 
     $2,194,000, including $5,000 for official expenses of the 
     Majority Whip; Office of the Minority Whip, including the 
     Chief Deputy Minority Whip, $1,690,000, including $5,000 for 
     official expenses of the Minority Whip; Speaker's Office for 
     Legislative Floor Activities, $517,000; Republican Steering 
     Committee, $981,000; Republican Conference, $1,748,000; 
     Republican Policy Committee, $362,000; Democratic Steering 
     and Policy Committee, $1,366,000; Democratic Caucus, 
     $1,725,000; nine minority employees, $1,552,000; training and 
     program development--majority, $290,000; training and program 
     development--minority, $290,000; Cloakroom Personnel--
     majority, $497,000; and Cloakroom Personnel--minority, 
     $497,000.

                  Members' Representational Allowances

   including members' clerk hire, official expenses of members, and 
                             official mail

       For Members' representational allowances, including 
     Members' clerk hire, official expenses, and official mail, 
     $660,000,000.

                          Committee Employees

                standing committees, special and select

       For salaries and expenses of standing committees, special 
     and select, authorized by House resolutions, $139,878,000: 
     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2010, except that 
     $1,000,000 of such amount shall remain available until 
     expended for committee room upgrading.

                      Committee on Appropriations

       For salaries and expenses of the Committee on 
     Appropriations, $31,300,000, including studies and 
     examinations of executive agencies and temporary personal 
     services for such committee, to be expended in accordance 
     with section 202(b) of the Legislative Reorganization Act of 
     1946 and to be available for reimbursement to agencies for 
     services performed: Provided, That such amount shall remain 
     available for such salaries and expenses until December 31, 
     2010.

                    Salaries, Officers and Employees

       For compensation and expenses of officers and employees, as 
     authorized by law, $200,301,000, including: for salaries and 
     expenses of the Office of the Clerk, including not more than 
     $23,000, of which not more than $20,000 is for the Family 
     Room, for official representation and reception expenses, 
     $32,089,000 of which $4,600,000 shall remain available until 
     expended; for salaries and expenses of the Office of the 
     Sergeant at Arms, including the position of Superintendent of 
     Garages, and including not more than $3,000 for official 
     representation and reception expenses, $9,509,000; for 
     salaries and expenses of the Office of the Chief 
     Administrative Officer including not more than $3,000 for 
     official representation and reception expenses, $130,782,000, 
     of which $3,937,000 shall remain available until expended; 
     for salaries and expenses of the Office of the Inspector 
     General, $5,045,000; for salaries and expenses of the Office 
     of Emergency Planning, Preparedness and Operations, 
     $4,445,000, to remain available until expended; for salaries 
     and expenses of the Office of General Counsel, $1,415,000; 
     for the Office of the Chaplain, $179,000; for salaries and 
     expenses of the Office of the Parliamentarian, including the 
     Parliamentarian, $2,000 for preparing the Digest of Rules, 
     and not more than $1,000 for official representation and 
     reception expenses, $2,060,000; for salaries and expenses of 
     the Office of the Law Revision Counsel of the House, 
     $3,258,000; for salaries and expenses of the Office of the 
     Legislative Counsel of the House, $8,814,000; for salaries 
     and expenses of the Office of Interparliamentary Affairs, 
     $859,000; for other authorized employees, $1,249,000; and for 
     salaries and expenses of the Office of the Historian, 
     including the cost of the House Fellows Program (including 
     lodging and related expenses for visiting Program 
     participants), $597,000.

                        Allowances and Expenses

       For allowances and expenses as authorized by House 
     resolution or law, $317,840,000, including: supplies, 
     materials, administrative costs and Federal tort claims, 
     $3,948,000; official mail for committees, leadership offices, 
     and administrative offices of the House, $201,000; Government 
     contributions for health, retirement, Social Security, and 
     other applicable employee benefits, $278,278,000, including 
     employee tuition assistance benefit payments, $3,500,000, if 
     authorized, and employee child care benefit payments, 
     $1,000,000, if authorized; Business Continuity and Disaster 
     Recovery, $27,698,000, of which $9,000,000 shall remain 
     available until expended; transition activities for new 
     members and staff, $2,907,000; Wounded Warrior Program, 
     $2,500,000, to be derived from funding provided for this 
     purpose in Division G of Public Law 111-8; Office of 
     Congressional Ethics, $1,548,000; Energy Demonstration 
     Projects, $2,500,000, if authorized, to remain available 
     until expended; and miscellaneous items including purchase, 
     exchange, maintenance, repair and operation of House motor 
     vehicles, interparliamentary receptions, and gratuities to 
     heirs of deceased employees of the House, $760,000.

                           Child Care Center

       For salaries and expenses of the House of Representatives 
     Child Care Center, such amounts as are deposited in the 
     account established by section 312(d)(1) of the Legislative 
     Branch Appropriations Act, 1992 (2 U.S.C. 2062), subject to 
     the level specified in the budget of the

[[Page 16833]]

     Center, as submitted to the Committee on Appropriations of 
     the House of Representatives.

                       Administrative Provisions

       Sec. 101. (a) Requiring Amounts Remaining in Members' 
     Representational Allowances to Be Used for Deficit Reduction 
     or to Reduce the Federal Debt.--Notwithstanding any other 
     provision of law, any amounts appropriated under this Act for 
     ``House of Representatives--Salaries and Expenses--Members' 
     Representational Allowances'' shall be available only for 
     fiscal year 2010. Any amount remaining after all payments are 
     made under such allowances for fiscal year 2010 shall be 
     deposited in the Treasury and used for deficit reduction (or, 
     if there is no Federal budget deficit after all such payments 
     have been made, for reducing the Federal debt, in such manner 
     as the Secretary of the Treasury considers appropriate).
       (b) Regulations.--The Committee on House Administration of 
     the House of Representatives shall have authority to 
     prescribe regulations to carry out this section.
       (c) Definition.--As used in this section, the term ``Member 
     of the House of Representatives'' means a Representative in, 
     or a Delegate or Resident Commissioner to, the Congress.
       Sec. 102.  Effective with respect to fiscal year 2010 and 
     each succeeding fiscal year, the aggregate amount otherwise 
     authorized to be appropriated for a fiscal year for the lump-
     sum allowance for each of the following offices is increased 
     as follows:
       (1) The allowance for the office of the Majority Whip is 
     increased by $96,000.
       (2) The allowance for the office of the Minority Whip is 
     increased by $96,000.

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

       For salaries and expenses of the Joint Economic Committee, 
     $4,814,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

       For salaries and expenses of the Joint Committee on 
     Taxation, $11,327,000, to be disbursed by the Chief 
     Administrative Officer of the House of Representatives. For 
     other joint items, as follows:

                   Office of the Attending Physician

       For medical supplies, equipment, and contingent expenses of 
     the emergency rooms, and for the Attending Physician and his 
     assistants, including: (1) an allowance of $2,175 per month 
     to the Attending Physician; (2) an allowance of $1,300 per 
     month to the Senior Medical Officer; (3) an allowance of $725 
     per month each to three medical officers while on duty in the 
     Office of the Attending Physician; (4) an allowance of $725 
     per month to two assistants and $580 per month each not to 
     exceed 11 assistants on the basis heretofore provided for 
     such assistants; and (5) $2,366,000 for reimbursement to the 
     Department of the Navy for expenses incurred for staff and 
     equipment assigned to the Office of the Attending Physician, 
     which shall be advanced and credited to the applicable 
     appropriation or appropriations from which such salaries, 
     allowances, and other expenses are payable and shall be 
     available for all the purposes thereof, $3,805,000, to be 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives.

             Office of Congressional Accessibility Services

                         salaries and expenses

       For salaries and expenses of the Office of Congressional 
     Accessibility Services, $1,377,000, to be disbursed by the 
     Secretary of the Senate.

                      Statements of Appropriations

       For the preparation, under the direction of the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, of the statements for the first session of 
     the 111th Congress, showing appropriations made, indefinite 
     appropriations, and contracts authorized, together with a 
     chronological history of the regular appropriations bills as 
     required by law, $30,000, to be paid to the persons 
     designated by the chairmen of such committees to supervise 
     the work.

                             CAPITOL POLICE

                                Salaries

       For salaries of employees of the Capitol Police, including 
     overtime, hazardous duty pay differential, and Government 
     contributions for health, retirement, social security, 
     professional liability insurance, and other applicable 
     employee benefits, $267,203,000, to be disbursed by the Chief 
     of the Capitol Police or his designee.

                            General Expenses

       For necessary expenses of the Capitol Police, including 
     motor vehicles, communications and other equipment, security 
     equipment and installation, uniforms, weapons, supplies, 
     materials, training, medical services, forensic services, 
     stenographic services, personal and professional services, 
     the employee assistance program, the awards program, postage, 
     communication services, travel advances, relocation of 
     instructor and liaison personnel for the Federal Law 
     Enforcement Training Center, and not more than $5,000 to be 
     expended on the certification of the Chief of the Capitol 
     Police in connection with official representation and 
     reception expenses, $64,354,000, to be disbursed by the Chief 
     of the Capitol Police or his designee: Provided, That, 
     notwithstanding any other provision of law, the cost of basic 
     training for the Capitol Police at the Federal Law 
     Enforcement Training Center for fiscal year 2010 shall be 
     paid by the Secretary of Homeland Security from funds 
     available to the Department of Homeland Security.

                        Administrative Provision

                           transfer authority

       Sec. 1001.  Amounts appropriated for fiscal year 2010 for 
     the Capitol Police may be transferred between the headings 
     ``Salaries'' and ``General expenses'' upon the approval of 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

       For salaries and expenses of the Office of Compliance, as 
     authorized by section 305 of the Congressional Accountability 
     Act of 1995 (2 U.S.C. 1385), $4,418,000, of which $883,990 
     shall remain available until September 30, 2011: Provided, 
     That not more than $500 may be expended on the certification 
     of the Executive Director of the Office of Compliance in 
     connection with official representation and reception 
     expenses.

                        Administrative Provision

          disposition of surplus or obsolete personal property

       Sec. 1101. (a) In General.--Title III of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1381 et seq.) is amended 
     by inserting after section 305 the following:

     ``SEC. 306. DISPOSITION OF SURPLUS OR OBSOLETE PERSONAL 
                   PROPERTY.

       ``The Executive Director may, within the limits of 
     available appropriations, dispose of surplus or obsolete 
     personal property by interagency transfer, donation, or 
     discarding.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents for the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) is amended by inserting after section 
     305 the following:

``Sec. 306. Disposition of surplus or obsolete personal property.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2010, and each fiscal 
     year thereafter.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For salaries and expenses necessary for operation of the 
     Congressional Budget Office, including not more than $6,000 
     to be expended on the certification of the Director of the 
     Congressional Budget Office in connection with official 
     representation and reception expenses, $45,165,000.

                        Administrative Provision

     executive exchange program for the congressional budget office

       Sec. 1201.  Section 1201 of the Legislative Branch 
     Appropriations Act, 2008 (2 U.S.C. 611 note; Public law 110-
     161; 121 Stat. 2238) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``3'' and inserting 
     ``5''; and
       (B) in paragraph (2), by striking ``3'' and inserting 
     ``5'';
       (2) by striking subsection (d), and redesignating 
     subsection (e) as subsection (d); and
       (3) in subsection (d) (as redesignated by this section), by 
     striking ``Subject to subsection (d), this'' and inserting 
     ``This''.

                        ARCHITECT OF THE CAPITOL

                         General Administration

       For salaries for the Architect of the Capitol, and other 
     personal services, at rates of pay provided by law; for 
     surveys and studies in connection with activities under the 
     care of the Architect of the Capitol; for all necessary 
     expenses for the general and administrative support of the 
     operations under the Architect of the Capitol including the 
     Botanic Garden; electrical substations of the Capitol, Senate 
     and House office buildings, and other facilities under the 
     jurisdiction of the Architect of the Capitol; including 
     furnishings and office equipment; including not more than 
     $5,000 for official reception and representation expenses, to 
     be expended as the Architect of the Capitol may approve; for 
     purchase or exchange, maintenance, and operation of a 
     passenger motor vehicle, $106,587,000, of which $5,400,000 
     shall remain available until September 30, 2014.

                            Capitol Building

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol, $33,305,000, of which $6,499,000 
     shall remain available until September 30, 2014.

                            Capitol Grounds

       For all necessary expenses for care and improvement of 
     grounds surrounding the Capitol, the Senate and House office 
     buildings, and the Capitol Power Plant, $10,974,000, of which 
     $1,410,000 shall remain available until September 30, 2014.

                        Senate Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of Senate office buildings; and furniture and 
     furnishings to be expended under the control and supervision 
     of the Architect of the Capitol, $74,392,000, of which 
     $15,390,000 shall remain available until September 30, 2014.

                         House Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of the House office buildings, $100,466,000, of 
     which $53,360,000 shall remain available until September 30, 
     2014.

                          Capitol Power Plant

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol Power Plant; lighting, heating, 
     power (including the purchase of electrical energy) and water 
     and

[[Page 16834]]

     sewer services for the Capitol, Senate and House office 
     buildings, Library of Congress buildings, and the grounds 
     about the same, Botanic Garden, Senate garage, and air 
     conditioning refrigeration not supplied from plants in any of 
     such buildings; heating the Government Printing Office and 
     Washington City Post Office, and heating and chilled water 
     for air conditioning for the Supreme Court Building, the 
     Union Station complex, the Thurgood Marshall Federal 
     Judiciary Building and the Folger Shakespeare Library, 
     expenses for which shall be advanced or reimbursed upon 
     request of the Architect of the Capitol and amounts so 
     received shall be deposited into the Treasury to the credit 
     of this appropriation, $118,597,000, of which $25,074,000 
     shall remain available until September 30, 2014: Provided, 
     That not more than $8,000,000 of the funds credited or to be 
     reimbursed to this appropriation as herein provided shall be 
     available for obligation during fiscal year 2010.

                     Library Buildings and Grounds

       For all necessary expenses for the mechanical and 
     structural maintenance, care and operation of the Library 
     buildings and grounds, $40,754,000, of which $14,470,000 
     shall remain available until September 30, 2014.

             Capitol Police Buildings, Grounds and Security

       For all necessary expenses for the maintenance, care and 
     operation of buildings, grounds and security enhancements of 
     the United States Capitol Police, wherever located, the 
     Alternate Computer Facility, and AOC security operations, 
     $26,160,000, of which $7,050,000 shall remain available until 
     September 30, 2014.

                             Botanic Garden

       For all necessary expenses for the maintenance, care and 
     operation of the Botanic Garden and the nurseries, buildings, 
     grounds, and collections; and purchase and exchange, 
     maintenance, repair, and operation of a passenger motor 
     vehicle; all under the direction of the Joint Committee on 
     the Library, $11,898,000, of which $1,280,000 shall remain 
     available until September 30, 2014: Provided, That of the 
     amount made available under this heading, the Architect may 
     obligate and expend such sums as may be necessary for the 
     maintenance, care and operation of the National Garden 
     established under section 307E of the Legislative Branch 
     Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 
     approved by the Architect or a duly authorized designee.

                         Capitol Visitor Center

       For all necessary expenses for the operation of the Capitol 
     Visitor Center, $22,756,000.


  engraving of the pledge of allegiance to the flag and the national 
                  motto in the capitol visitor center

       Sec. 1202.  (a) Engraving Required.--The Architect of the 
     Capitol shall engrave the Pledge of Allegiance to the Flag 
     and the National Motto of ``In God We Trust'' in the Capitol 
     Visitor Center, in accordance with the engraving plan 
     described in subsection (b).
       (b) Engraving Plan.--The engraving plan described in this 
     subsection is a plan setting forth the design and location of 
     the engraving required under subsection (a) which is prepared 
     by the Architect of the Capitol and approved by the Committee 
     on Rules and Administration of the Senate and the Committee 
     on House Administration of the House of Representatives.

                       Administrative Provisions

          disposition of surplus or obsolete personal property

       Sec. 1301. (a) In General.--The Architect of the Capitol 
     shall have the authority, within the limits of available 
     appropriations, to dispose of surplus or obsolete personal 
     property by inter-agency transfer, donation, sale, trade-in, 
     or discarding. Amounts received for the sale or trade-in of 
     personal property shall be credited to funds available for 
     the operations of the Architect of the Capitol and be 
     available for the costs of acquiring the same or similar 
     property. Such funds shall be available for such purposes 
     during the fiscal year received and the following fiscal 
     year.
       (b) Effective Date.--This section shall apply with respect 
     to fiscal year 2010, and each fiscal year thereafter.

                 flexible and compressed work schedules

       Sec. 1302.  Chapter 61 of title 5, United States Code, is 
     amended--
       (1) in section 6121(1) by striking ``and the Library of 
     Congress'' and inserting ``the Library of Congress, the 
     Architect of the Capitol, and the Botanic Garden''; and
       (2) in section 6133(c) by adding at the end the following:
       ``(3) With respect to employees of the Architect of the 
     Capitol and the Botanic Garden, the authority granted to the 
     Office of Personnel Management under this subchapter shall be 
     exercised by the Architect of the Capitol.''.

             disabled veterans; noncompetitive appointment

       Sec. 1303.  Section 3112 of title 5, United States Code, is 
     amended--
       (1) by inserting ``(a)'' before ``Under''; and
       (2) by adding at the end the following:
       ``(b) For purposes of this section, the term `agency' shall 
     include the Architect of the Capitol and the Botanic Garden. 
     With respect to the Architect of the Capitol and the Botanic 
     Garden, the authority granted to the Office of Personnel 
     Management under this section shall be exercised by the 
     Architect of the Capitol.''.

                acceptance of voluntary student services

       Sec. 1304. (a) Section 3111 of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(e) For purposes of this section the term `agency' shall 
     include the Architect of the Capitol. With respect to the 
     Architect of the Capitol, the authority granted to the Office 
     of Personnel Management under this section shall be exercised 
     by the Architect of the Capitol.''.

                    botanic garden vendor contracts

       Sec. 1305.  Section 307E of the Legislative Branch 
     Appropriations Act, 1989 (2 U.S.C. 2146) is amended--
       (1) in subsection (b)(1), by striking ``an account entitled 
     `Botanic Garden, Gifts and Donations'.'' and inserting ``an 
     account entitled `Botanic Garden, Operations and 
     Maintenance'.'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Contracts With Vendors.--
       ``(1) In general.--The Architect of the Capitol may enter 
     into a commission-based service contract with a vendor who, 
     notwithstanding section 5104(c) of title 40, United States 
     Code, may sell refreshments at the Botanic Garden and 
     National Garden.
       ``(2) Deposit and use of commissions.--Any amounts paid to 
     the Architect of the Capitol as a commission under paragraph 
     (1) shall be--
       ``(A) deposited in the account described under subsection 
     (b); and
       ``(B) available for operation and maintenance in the same 
     manner as provided under subsection (b).''.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Library's catalogs; custody and custodial care of the 
     Library buildings; special clothing; cleaning, laundering and 
     repair of uniforms; preservation of motion pictures in the 
     custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $441,033,000, of which not more than $6,000,000 
     shall be derived from collections credited to this 
     appropriation during fiscal year 2010, and shall remain 
     available until expended, under the Act of June 28, 1902 
     (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than 
     $350,000 shall be derived from collections during fiscal year 
     2010 and shall remain available until expended for the 
     development and maintenance of an international legal 
     information database and activities related thereto: 
     Provided, That the Library of Congress may not obligate or 
     expend any funds derived from collections under the Act of 
     June 28, 1902, in excess of the amount authorized for 
     obligation or expenditure in appropriations Acts: Provided 
     further, That the total amount available for obligation shall 
     be reduced by the amount by which collections are less than 
     $6,350,000: Provided further, That of the total amount 
     appropriated, not more than $12,000 may be expended, on the 
     certification of the Librarian of Congress, in connection 
     with official representation and reception expenses for the 
     Overseas Field Offices: Provided further, That of the total 
     amount appropriated, $7,315,000 shall remain available until 
     expended for the digital collections and educational 
     curricula program: Provided further, That of the total amount 
     appropriated, $750,000 shall remain available until expended, 
     and shall be transferred to the Abraham Lincoln Bicentennial 
     Commission for carrying out the purposes of Public Law 106-
     173, of which $10,000 may be used for official representation 
     and reception expenses of the Abraham Lincoln Bicentennial 
     Commission: Provided further, That, $200,000 shall remain 
     available until expended for the purpose of preserving, 
     digitizing and making available historically and culturally 
     significant materials related to the development of Nebraska 
     and the American West, which amount shall be transferred to 
     the Durham Museum in Omaha, Nebraska.

                            Copyright Office

                         salaries and expenses

       For necessary expenses of the Copyright Office, 
     $55,476,000, of which not more than $28,751,000, to remain 
     available until expended, shall be derived from collections 
     credited to this appropriation during fiscal year 2010 under 
     section 708(d) of title 17, United States Code: Provided, 
     That the Copyright Office may not obligate or expend any 
     funds derived from collections under such section, in excess 
     of the amount authorized for obligation or expenditure in 
     appropriations Acts: Provided further, That not more than 
     $5,861,000 shall be derived from collections during fiscal 
     year 2010 under sections 111(d)(2), 119(b)(2), 803(e), 1005, 
     and 1316 of such title: Provided further, That the total 
     amount available for obligation shall be reduced by the 
     amount by which collections are less than $34,612,000: 
     Provided further, That not more than $100,000 of the amount 
     appropriated is available for the maintenance of an 
     ``International Copyright Institute'' in the Copyright Office 
     of the Library of Congress for the purpose of training 
     nationals of developing countries in intellectual property 
     laws and policies: Provided further, That not more than 
     $4,250 may be expended, on the certification of the Librarian 
     of Congress, in connection with official representation and 
     reception expenses for activities of the

[[Page 16835]]

     International Copyright Institute and for copyright 
     delegations, visitors, and seminars: Provided further, That 
     notwithstanding any provision of chapter 8 of title 17, 
     United States Code, any amounts made available under this 
     heading which are attributable to royalty fees and payments 
     received by the Copyright Office pursuant to sections 111, 
     119, and chapter 10 of such title may be used for the costs 
     incurred in the administration of the Copyright Royalty 
     Judges program, with the exception of the costs of salaries 
     and benefits for the Copyright Royalty Judges and staff under 
     section 802(e).

                     Congressional Research Service

                         salaries and expenses

       For necessary expenses to carry out the provisions of 
     section 203 of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 166) and to revise and extend the Annotated 
     Constitution of the United States of America, $112,836,000: 
     Provided, That no part of such amount may be used to pay any 
     salary or expense in connection with any publication, or 
     preparation of material therefor (except the Digest of Public 
     General Bills), to be issued by the Library of Congress 
     unless such publication has obtained prior approval of either 
     the Committee on House Administration of the House of 
     Representatives or the Committee on Rules and Administration 
     of the Senate.

             Books for the Blind and Physically Handicapped

                         salaries and expenses

       For salaries and expenses to carry out the Act of March 3, 
     1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 
     $70,182,000, of which $30,577,000 shall remain available 
     until expended: Provided, That of the total amount 
     appropriated, $650,000 shall be available to contract to 
     provide newspapers to blind and physically handicapped 
     residents at no cost to the individual.

                       Administrative Provisions

               reimbursable and revolving fund activities

       Sec. 1401. (a) In General.--For fiscal year 2010, the 
     obligational authority of the Library of Congress for the 
     activities described in subsection (b) may not exceed 
     $123,328,000.
       (b) Activities.--The activities referred to in subsection 
     (a) are reimbursable and revolving fund activities that are 
     funded from sources other than appropriations to the Library 
     in appropriations Acts for the legislative branch.
       (c) Transfer of Funds.--During fiscal year 2010, the 
     Librarian of Congress may temporarily transfer funds 
     appropriated in this Act, under the heading ``Library of 
     Congress'', under the subheading ``Salaries and Expenses'', 
     to the revolving fund for the FEDLINK Program and the Federal 
     Research Program established under section 103 of the Library 
     of Congress Fiscal Operations Improvement Act of 2000 (Public 
     Law 106-481; 2 U.S.C. 182c): Provided, That the total amount 
     of such transfers may not exceed $1,900,000: Provided 
     further, That the appropriate revolving fund account shall 
     reimburse the Library for any amounts transferred to it 
     before the period of availability of the Library 
     appropriation expires.

                           transfer authority

       Sec. 1402. (a) In General.--Amounts appropriated for fiscal 
     year 2010 for the Library of Congress may be transferred 
     during fiscal year 2010 between any of the headings under the 
     heading ``Library of Congress'' upon the approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.
       (b) Limitation.--Not more than 10 percent of the total 
     amount of funds appropriated to the account under any heading 
     under the heading ``Library of Congress'' for fiscal year 
     2009 may be transferred from that account by all transfers 
     made under subsection (a).

      classification of library of congress positions above gs-15

       Sec. 1403.  Section 5108 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(c) The Librarian of Congress may classify positions in 
     the Library of Congress above GS-15 under standards 
     established by the Office in subsection (a)(2).''.

  leave carryover for certain library of congress executive positions

       Sec. 1404.  Section 6304(f)(1) of title 5, United States 
     Code, is amended--
       (1) in subparagraph (F), by striking ``or'' at the end;
       (2) in subparagraph (G), by striking the period and 
     inserting ``; or'' and
       (3) by adding after subparagraph (G) the following:
       ``(H) a position in the Library of Congress the 
     compensation for which is set at a rate equal to the annual 
     rate of basic pay payable for positions at level III of the 
     Executive Schedule under section 5314.''.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding

                     (including transfer of funds)

       For authorized printing and binding for the Congress and 
     the distribution of Congressional information in any format; 
     printing and binding for the Architect of the Capitol; 
     expenses necessary for preparing the semimonthly and session 
     index to the Congressional Record, as authorized by law 
     (section 902 of title 44, United States Code); printing and 
     binding of Government publications authorized by law to be 
     distributed to Members of Congress; and printing, binding, 
     and distribution of Government publications authorized by law 
     to be distributed without charge to the recipient, 
     $93,296,000: Provided, That this appropriation shall not be 
     available for paper copies of the permanent edition of the 
     Congressional Record for individual Representatives, Resident 
     Commissioners or Delegates authorized under section 906 of 
     title 44, United States Code: Provided further, That this 
     appropriation shall be available for the payment of 
     obligations incurred under the appropriations for similar 
     purposes for preceding fiscal years: Provided further, That 
     notwithstanding the 2-year limitation under section 718 of 
     title 44, United States Code, none of the funds appropriated 
     or made available under this Act or any other Act for 
     printing and binding and related services provided to 
     Congress under chapter 7 of title 44, United States Code, may 
     be expended to print a document, report, or publication after 
     the 27-month period beginning on the date that such document, 
     report, or publication is authorized by Congress to be 
     printed, unless Congress reauthorizes such printing in 
     accordance with section 718 of title 44, United States Code: 
     Provided further, That any unobligated or unexpended balances 
     in this account or accounts for similar purposes for 
     preceding fiscal years may be transferred to the Government 
     Printing Office revolving fund for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate.

                 Office of Superintendent of Documents

                         salaries and expenses

                     (including transfer of funds)

       For expenses of the Office of Superintendent of Documents 
     necessary to provide for the cataloging and indexing of 
     Government publications and their distribution to the public, 
     Members of Congress, other Government agencies, and 
     designated depository and international exchange libraries as 
     authorized by law, $40,911,000: Provided, That amounts of not 
     more than $2,000,000 from current year appropriations are 
     authorized for producing and disseminating Congressional 
     serial sets and other related publications for fiscal years 
     2008 and 2009 to depository and other designated libraries: 
     Provided further, That any unobligated or unexpended balances 
     in this account or accounts for similar purposes for 
     preceding fiscal years may be transferred to the Government 
     Printing Office revolving fund for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate.

               Government Printing Office Revolving Fund

       For payment to the Government Printing Office Revolving 
     Fund, $12,782,000 for information technology development and 
     facilities repair: Provided, That the Government Printing 
     Office is hereby authorized to make such expenditures, within 
     the limits of funds available and in accordance with law, and 
     to make such contracts and commitments without regard to 
     fiscal year limitations as provided by section 9104 of title 
     31, United States Code, as may be necessary in carrying out 
     the programs and purposes set forth in the budget for the 
     current fiscal year for the Government Printing Office 
     revolving fund: Provided further, That not more than $7,500 
     may be expended on the certification of the Public Printer in 
     connection with official representation and reception 
     expenses: Provided further, That the revolving fund shall be 
     available for the hire or purchase of not more than 12 
     passenger motor vehicles: Provided further, That expenditures 
     in connection with travel expenses of the advisory councils 
     to the Public Printer shall be deemed necessary to carry out 
     the provisions of title 44, United States Code: Provided 
     further, That the revolving fund shall be available for 
     temporary or intermittent services under section 3109(b) of 
     title 5, United States Code, but at rates for individuals not 
     more than the daily equivalent of the annual rate of basic 
     pay for level V of the Executive Schedule under section 5316 
     of such title: Provided further, That activities financed 
     through the revolving fund may provide information in any 
     format: Provided further, That the revolving fund and the 
     funds provided under the headings ``Office of Superintendent 
     of Documents'' and ``Salaries and Expenses'' may not be used 
     for contracted security services at GPO's passport facility 
     in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For necessary expenses of the Government Accountability 
     Office, including not more than $12,500 to be expended on the 
     certification of the Comptroller General of the United States 
     in connection with official representation and reception 
     expenses; temporary or intermittent services under section 
     3109(b) of title 5, United States Code, but at rates for 
     individuals not more than the daily equivalent of the annual 
     rate of basic pay for level IV of the Executive Schedule 
     under section 5315 of such title; hire of one passenger motor 
     vehicle; advance payments in foreign countries in accordance 
     with section 3324 of title 31, United States Code; benefits 
     comparable to those payable under sections 901(5), (6), and 
     (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 
     (6), and (8)); and under regulations prescribed by the 
     Comptroller General of the United States, rental of living 
     quarters in foreign countries, $553,658,000: Provided, That 
     not more than $5,449,000 of payments received under section 
     782 of title 31, United States Code, shall be available for 
     use in fiscal year 2010: Provided further, That not more than 
     $2,350,000 of reimbursements received under section 9105 of 
     title 31, United States Code, shall be available for use in 
     fiscal year 2010: Provided further, That not more than 
     $7,423,000 of reimbursements received

[[Page 16836]]

     under section 3521 of title 31, United States Code, shall be 
     available for use in fiscal year 2010: Provided further, That 
     this appropriation and appropriations for administrative 
     expenses of any other department or agency which is a member 
     of the National Intergovernmental Audit Forum or a Regional 
     Intergovernmental Audit Forum shall be available to finance 
     an appropriate share of either Forum's costs as determined by 
     the respective Forum, including necessary travel expenses of 
     non-Federal participants: Provided further, That payments 
     hereunder to the Forum may be credited as reimbursements to 
     any appropriation from which costs involved are initially 
     financed.

                        Administrative Provision

   repeal of certain audits, studies, and reviews of the government 
                         accountability office

       Sec. 1501. (a) Use of Funds in Projects Constructed Under 
     Projected Cost.--Section 211 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3151) is amended by 
     striking subsection (d).
       (b) Evaluation and Audit of National Transportation Safety 
     Board.--Section 1138 of title 49, United States Code, is 
     repealed.
       (c) Local Educational Agency Spending Audits.--Section 1904 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6574) is repealed.
       (d) Audits of Small Business Participation in Construction 
     of the Alaska Natural Gas Pipeline.--Section 112 of the 
     Alaska Natural Gas Pipeline Act (15 U.S.C. 720j) is amended 
     by striking subsection (c).
       (e) Audits of Assistance Under Compacts of Free 
     Association.--Section 104(h) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921c(h)) is 
     amended by striking paragraph (3).
       (f) Semiannual Audits of Independent Counsel 
     Expenditures.--The matter under the heading ``Salaries and 
     Expenses, General Legal Activities'' under the heading 
     ``Legal Activities'' under title II of the Department of 
     Justice Appropriation Act of 1988, (28 U.S.C. 591 note; 
     Public Law 100-202; 101 Stat. 1329, 1329-9) is amended by 
     striking ``Provided further, That the Comptroller General 
     shall perform semiannual financial reviews of expenditures 
     from the Independent Counsel permanent indefinite 
     appropriation, and report their findings to the Committees on 
     Appropriations of the House and Senate:''.
       (g) Reports on Ambulance Service Costs.--Section 414 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173) is amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsection (g) as subsection (f).

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

       For a payment to the Open World Leadership Center Trust 
     Fund for financing activities of the Open World Leadership 
     Center under section 313 of the Legislative Branch 
     Appropriations Act, 2001 (2 U.S.C. 1151), $14,456,000.

                        Administrative Provision

                      open world leadership center

       Sec. 1601. (a) Board Membership.--Section 313(a)(2) of the 
     Legislative Branch Appropriations Act, 2001 (2 U.S.C. 
     1151(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``members'' and 
     inserting ``Members of the House of Representatives''; and
       (2) in subparagraph (B), by striking ``members'' and 
     inserting ``Senators''.
       (b) Executive Director.--Section 313(d) of the Legislative 
     Branch Appropriations Act, 2001 (2 U.S.C. 1151(d)) is amended 
     in the first sentence by striking ``The Board shall appoint'' 
     and inserting ``On behalf of the Board, the Librarian of 
     Congress shall appoint''.
       (c) Effective Date.--The amendments made by this subsection 
     shall apply with respect to--
       (1) appointments made on and after the date of enactment of 
     this Act; and
       (2) the remainder of the fiscal year in which enacted, and 
     each fiscal year thereafter.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

       For payment to the John C. Stennis Center for Public 
     Service Development Trust Fund established under section 116 
     of the John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

       Sec. 201.  No part of the funds appropriated in this Act 
     shall be used for the maintenance or care of private 
     vehicles, except for emergency assistance and cleaning as may 
     be provided under regulations relating to parking facilities 
     for the House of Representatives issued by the Committee on 
     House Administration and for the Senate issued by the 
     Committee on Rules and Administration.

                         fiscal year limitation

       Sec. 202.  No part of the funds appropriated in this Act 
     shall remain available for obligation beyond fiscal year 2010 
     unless expressly so provided in this Act.

                 rates of compensation and designation

       Sec. 203.  Whenever in this Act any office or position not 
     specifically established by the Legislative Pay Act of 1929 
     (46 Stat. 32 et seq.) is appropriated for or the rate of 
     compensation or designation of any office or position 
     appropriated for is different from that specifically 
     established by such Act, the rate of compensation and the 
     designation in this Act shall be the permanent law with 
     respect thereto: Provided, That the provisions in this Act 
     for the various items of official expenses of Members, 
     officers, and committees of the Senate and House of 
     Representatives, and clerk hire for Senators and Members of 
     the House of Representatives shall be the permanent law with 
     respect thereto.

                          consulting services

       Sec. 204.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     under section 3109 of title 5, United States Code, shall be 
     limited to those contracts where such expenditures are a 
     matter of public record and available for public inspection, 
     except where otherwise provided under existing law, or under 
     existing Executive order issued under existing law.

                         awards and settlements

       Sec. 205.  Such sums as may be necessary are appropriated 
     to the account described in subsection (a) of section 415 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 
     1415(a)) to pay awards and settlements as authorized under 
     such subsection.

                             costs of lbfmc

       Sec. 206.  Amounts available for administrative expenses of 
     any legislative branch entity which participates in the 
     Legislative Branch Financial Managers Council (LBFMC) 
     established by charter on March 26, 1996, shall be available 
     to finance an appropriate share of LBFMC costs as determined 
     by the LBFMC, except that the total LBFMC costs to be shared 
     among all participating legislative branch entities (in such 
     allocations among the entities as the entities may determine) 
     may not exceed $2,000.

                        limitation on transfers

       Sec. 207.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.

                      guided tours of the capitol

       Sec. 208. (a) Except as provided in subsection (b), none of 
     the funds made available to the Architect of the Capitol in 
     this Act may be used to eliminate guided tours of the United 
     States Capitol which are led by employees and interns of 
     offices of Members of Congress and other offices of the House 
     of Representatives and Senate.
       (b) At the direction of the Capitol Police Board, or at the 
     direction of the Architect of the Capitol with the approval 
     of the Capitol Police Board, guided tours of the United 
     States Capitol which are led by employees and interns 
     described in subsection (a) may be suspended temporarily or 
     otherwise subject to restriction for security or related 
     reasons to the same extent as guided tours of the United 
     States Capitol which are led by the Architect of the Capitol.

   compliance date relating to certain violations of osha within the 
                           legislative branch

       Sec. 209.  Section 215(c) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1341(c)) is amended by 
     striking paragraph (6).
        This Act may be cited as the ``Legislative Branch 
     Appropriations Act, 2010''.

  Mr. COCHRAN. Mr. President, I move to reconsider the vote by which 
the bill was passed.
  The PRESIDING OFFICER. In my capacity as a Senator from the State of 
Alaska, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the Senate insists 
on its amendment and requests a conference with the House, and the 
Chair is authorized to appoint the following conferees.
  The Presiding Officer appointed Mr. Nelson of Nebraska, Mr. Inouye, 
Mr. Pryor, Mr. Tester, Ms. Murkowski, and Mr. Cochran conferees on the 
part of the Senate.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________