Legislative Branch Appropriations Act, 2010

(This measure has not been amended since the Conference Report was filed in the House on September 24, 2009. The summary of that version is repeated here.)

Division A: Legislative Branch Appropriations Act, 2010 - Legislative Branch Appropriations Act, 2010 - Title I: Legislative Branch - Makes appropriations to the Senate for FY2010 for: (1) a payment to Victoria Reggie Kennedy, widow of Edward M. Kennedy, late a Senator from Massachusetts; (2) expense allowances; (3) representation allowances for the Majority and Minority Leaders; (4) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (5) agency contributions for employee benefits; (6) inquiries and investigations; (7) the U.S. Senate Caucus on International Narcotics Control; (8) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (9) miscellaneous items; (10) the Senators' Official Personnel and Office Expense Account; and (11) official mail costs.

(Sec. 1) Amends the Legislative Branch Appropriation Act, 1968 to increase by $50,000 the aggregate of gross compensation paid all employees in the office of a Senator, according to a specified table.

(Sec. 2) Amends the Legislative Branch Appropriations Act, 1965 to make it discretionary instead of, as under current law, mandatory that reports of semiannual statements of expenditures by the Secretary of the Senate and by the Chief Administrative Officer of the House of Representatives be printed as Senate and House documents, respectively.

Requires the Secretary, beginning with the report covering the first full semiannual period of the 112th Congress, to: (1) post each semiannual report of the Secretary of the Senate publicly on the Senate's website in a searchable, itemized format; and (2) issue each such report in electronic form. Authorizes the Secretary to issue each such report in other forms at his discretion.

Makes appropriations to the House of Representatives for FY2010 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.

(Sec. 101) Requires deposit in the Treasury of any amounts of a Member's representational allowance remaining after all payments are made, to be used for federal deficit reduction, or, if there is no deficit, federal debt reduction.

(Sec. 102) Increases by $96,000 the aggregate amount otherwise authorized to be appropriated for a fiscal year for the lump-sum allowance for the offices of the Majority and Minority Whip, respectively.

(Sec. 103) Permits any active duty member of the Armed Forces who is assigned to a congressional liaison office of the Armed Forces at the House to obtain membership in the exercise facility established for House employees in the same manner as such individuals.

(Sec. 104) Amends the Legislative Branch Appropriations Act, 1993, as amended by the Legislative Branch Appropriations Act, 2009, to require amounts appropriated for any fiscal year for the House for allowances and expenses to be transferred to the Architect of the Capitol (AOC) and merged with and, as under current law, made available for the House office buildings, subject to the approval of the House Committee on Appropriations.

Makes appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Office of Congressional Accessibility Services; (4) the Capitol Police; (5) the Office of Compliance; (6) the Congressional Budget Office (CBO); and (7) the AOC, including for the care and operation of Capitol buildings and grounds, Senate office buildings, the House office buildings, the Capitol Power Plant, the Library of Congress buildings and grounds, the Capitol Police buildings, grounds, and security, the Botanic Garden, and the Capitol Visitor Center.

(Sec. 1001) Authorizes the transfer between "Salaries" and "General Expenses," upon the approval of the congressional appropriations committees, of FY2010 amounts appropriated for the Capitol Police.

(Sec. 1101) Amends the Congressional Accountability Act of 1995 to authorize the Executive Director of the Office of Compliance, within the limits of available appropriations, to dispose of surplus or obsolete personal property by interagency transfer, donation, or discarding.

(Sec. 1201) Amends the Legislative Branch Appropriations Act, 2008 to increase from three to five the maximum number of participants in the executive exchange program between CBO officers and employees and private sector organizations employees for one-year assignments.

Repeals the termination of such Act (thus making the program permanent).

(Sec. 1301) Grants the AOC authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by interagency transfer, donation, sale, trade-in, or discarding.

Requires amounts received for the sale or trade-in of personal property to be credited to funds available for AOC operations and be available for the costs of acquiring the same or similar property.

(Sec. 1302) Redefines "agency" to include the AOC and the Botanic Garden with respect to federal flexible and compressed work schedules (thus authorizing such schedules for AOC and Botanic Garden employees).

Declares that the same authority granted to the Office of Personnel and Management (OPM) to prescribe regulations, provide technical assistance, and to review programs regarding such work schedules shall be exercised by the AOC with respect to such employees.

(Sec. 1303) Redefines "agency" to include and authorize the AOC and the Botanic Garden to make noncompetitive appointments leading to conversion to career or career-conditional employment to disabled veterans with compensable service-connected disabilities of 30% or more.

Declares that the same authority granted to OPM to prescribe regulations governing such appointments shall be exercised by the AOC.

(Sec. 1304) Establishes the House Historic Buildings Revitalization Trust Fund in the Treasury as an AOC account.

Limits the use of such funds to the revitalization of the major House historical buildings and assets which the AOC is responsible for maintaining and preserving.

Prohibits the AOC from obligating any amounts in the Fund without the approval of the House Committee on Appropriations.

(Sec. 1305) Authorizes the AOC, during an emergency involving the safety of human life or the protection of property, to: (1) accept contributions of comfort and other incidental items and services to support AOC employees while they are on duty in response to the emergency; and (2) incur obligations and make expenditures out of available appropriations for meals, refreshments, and other support and maintenance for the Office if necessary to respond to the emergency.

Appropriates FY2010 funds to: (1) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service (CRS), and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO) for congressional printing and binding (including transfer of funds); (3) GPO for the Office of Superintendent of Documents (including transfer of funds); (4) the GPO Revolving Fund; (5) the Government Accountability Office (GAO) for salaries and expenses; (6) the Open World Leadership Center Trust Fund; and (7) the John C. Stennis Center for Public Service Development Trust Fund.

(Sec. 1401) Establishes an upper limit of $123.328 million for the FY2010 obligational authority of the Library of Congress with regard to certain reimbursable and revolving fund activities.

Authorizes the Librarian of Congress to transfer temporarily up to $1.9 million of funds appropriated in this Act for Library of Congress salaries and expenses to the revolving fund for the FEDLINK Program and the Federal Research Program.

(Sec. 1402) Authorizes the transfer of FY2010 Library of Congress appropriations, during such fiscal year, between any "Library of Congress" headings, upon the approval of the congressional appropriations committees.

Limits such transfers to 10% of the total amount of funds appropriated to the account under any such heading for FY2010.

(Sec. 1403) Authorizes the Librarian of Congress to classify positions in the Library of Congress above GS-15 pursuant to OPM standards.

(Sec. 1404) Provides for a carryover of up to 90 days of accrued annual leave for Library of Congress positions whose compensation is set at a rate equal to the annual rate of basic pay for positions at level III of the Executive Schedule.

(Sec. 1501) Repeals the requirement for certain GAO audits, studies, or reviews of: (1) the use of funds in projects constructed under projected cost under the Public Works and Economic Development Act of 1965; (2) small business participation in construction of the Alaska natural gas pipeline under the Alaska Natural Gas Pipeline Act; (3) assistance under Compacts of Free Association pursuant to the Compact of Free Association Amendments Act of 2003; (4) Independent Counsel expenditures (semiannually) under the Department of Justice Appropriations Act of 1988; and (5) ambulance service costs under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

(Sec. 1601) Amends the Legislative Branch Appropriations Act, 2001 to make a technical correction to the composition of the Board of Trustees of the Open World Leadership Center to include two Members of the House of Representatives and two Senators. (Under current law, it states two members appointed by the Speaker of the House of Representatives and two members appointed by the President pro tempore of the Senate but does not specify whether they are congressional members or not.)

Requires the Executive Director of the Center to be appointed by the Librarian of Congress, on behalf of the Board, instead of being appointed by the Board as under current law.

Title II: General Provisions - Specifies authorized and prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2009.

(Sec. 207) Authorizes the AOC to maintain specified landscape features, excluding streets, in the District of Columbia.

(Sec. 209) Prohibits the use of the funds made available to the AOC in this Act to eliminate or restrict guided tours of the U.S. Capitol led by congressional employees and interns.

Allows temporary suspension or restriction of such tours for security or related reasons to the same extent as guided tours of the U.S. Capitol led by the AOC.

Division B: Continuing Appropriations Resolution, 2010 - Continuing Appropriations Resolution, 2010 - Makes continuing appropriations for FY2010.

(Sec. 101) Appropriates amounts for continuing operations, projects, or activities which were conducted in FY2009 and for which appropriations, funds, or other authority were made available in specified public law.

(Sec. 102) Prohibits the use of appropriations, funds, or authority granted under this joint resolution for the Department of Defense (DOD) for: (1) new production of items not funded for production in FY2009 or prior years; (2) the increase in production rates above those sustained with FY2009 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization for which appropriations, funds, or other authority were not available during FY2009.

Bars the use of DOD appropriations, funds, or authority granted under this joint resolution to initiate multiyear procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.

(Sec. 104) Bars the use of any appropriation or funds made available or authority granted under Sec. 101 (except as otherwise provided in Sec. 102) to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during FY2009.

(Sec. 106) Provides funding under this joint resolution until the earliest of: (1) enactment of an appropriation for any project or activity provided for in this joint resolution; (2) enactment of the applicable appropriations Act for FY2010 without any provision for such project or activity; or (3) October 31, 2009.

(Sec. 114) Designates amounts made available by this joint resolution related to amounts provided in specified FY2008 and FY2009 supplemental appropriations Acts as being for overseas deployments and other activities pursuant to S. Con. Res. 13 (FY2009 budget resolution, 111th Congress). Limits such amounts to $129.989 billion.

(Sec. 115) Continues through October 31, 2009, the prohibition in the Supplemental Appropriations Act, 2009 against the use of funds to release an individual who is detained, as of the enactment of this Act, at Naval Station Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia. Continues through the same date the Act's restrictions on the transfer of such detainees to the United States for detention or prosecution.

(Sec. 116) Continues through such date the waiver of requirement for weighted averages for nutrient analysis of certain menu items and foods offered or served under the school lunch or breakfast program under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, as appropriate.

(Sec. 117) Continues through such date the the requirement of the Richard B. Russell National School Lunch Act that: (1) states audit food safety inspection of schools and report the results to the Secretary of Agriculture; and (2) the Secretary audit such reports.

(Sec. 118) Continues through October 31, 2009, the Secretary's authority to provide funding to California to carry out certain year-round child nutrition program services.

(Sec. 119) Continues through such date funding authority for training, technical assistance, and the food service management institute under the Richard B. Russell National School Lunch Act.

(Sec. 120) Continues through October 31, 2009, funding authority under the Richard B. Russell National School Lunch Act for an information clearinghouse that provides information to nongovernmental groups throughout the United States that assist low-income individuals or communities regarding food assistance, self-help activities, and other empowering activities.

(Sec. 121) Provides additional amounts to the Department of Commerce, the Bureau of Census for periodic censuses and programs at a specified rate for operations.

(Sec. 122) Continues through October 31, 2009, the appropriation of funds to the DOD under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 and the Supplemental Appropriations Act, 2009 for special pay for members whose period of obligated service is extended, or whose eligibility for retirement is suspended, due to the President's authority to extend such service or suspend such retirement (commonly referred to as stop-loss authority).

(Sec. 123) Continues through the earlier of the enactment of the National Defense Authorization Act (NDAA) for Fiscal Year 2010 or October 31, 2009, the authority for: (1) the Commanders' Emergency Response Program (DOD urgent humanitarian relief and reconstruction in Iraq); and (2) the DOD joint task force providing counterterrorism support to law enforcement agencies which conduct counter-drug activities.

(Sec. 125) Continues through the earlier of such enactment or October 31, 2009, authority to provide additional support to counter-drug activities of specified countries.

(Sec. 126) Authorizes the District of Columbia to expend local funds for certain programs and activities at a specified rate included in the Second Fiscal Year 2010 Budget Request Act (D.C. Act 18-188).

(Sec. 127) Authorizes federal agencies, through October 31, 2009, to implement relocation expenses test programs for their employees.

(Sec. 128) Extends through such date certain pilot programs for employment eligibility confirmation established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

(Sec. 129) Continues through October 31, 2009, the authority of the Administrator of the Federal Emergency Management Agency (FEMA) to issue notes or other obligations to carry out the flood insurance program. Extends the program through such date.

(Sec. 130) Requires the Secretaries of State and of Homeland Security (DHS) to continue through October 31, 2009, to set aside 3,000 alien investor (EB-5) visas annually for 15 years for aliens (and their spouses and children) eligible for admission under the Immigration and Nationality Act.

(Sec. 131) Extends through October 31, 2009, the authority of the DHS Secretary to regulate risk-based performance standards for the security of chemical facilities and require vulnerability assessments and the development and implementation of site security plans for chemical facilities.

(Sec. 132) Continues through October 31, 2009, the program of technical and financial assistance to states and local governments for predisaster hazard mitigation measures.

(Sec. 133) Continues through such date the special immigrant program for non-minister religious workers under the Immigration and Nationality Act.

(Sec. 134) Extends through October 31, 2009, the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program under the Immigration and Nationality Technical Corrections Act of 1994.

(Sec. 135) Continues through such date the authority of: (1) the Secretary of Agriculture to permit the Colorado State Forest Service to perform watershed restoration and protection services on National Forest System (NFS) lands in Colorado when similar and complementary services are being performed by the State Forest Service on adjacent state or private lands; and (2) the Secretary of the Interior to permit such restoration and protection services with respect to public lands in Colorado administered through the Bureau of Land Management (BLM).

(Sec. 136) Continues through October 31, 2009, the authority of the Secretary of Agriculture to collect fees from a person who harvests forest botanical products on NFS lands.

(Sec. 137) Authorizes through such date the Secretaries of the Interior and of Agriculture, as appropriate, to renew an expired, transferred, or waived grazing permit or lease.

(Sec. 138) Continues through such date authority for the use of certain funds for expenses associated with primary and secondary schooling for certain dependents of agency personnel stationed in Puerto Rico.

(Sec. 139) Continues through such date title XXVI of the Public Health Service Act (popularly known as the Ryan White Care Act) that provides grants for quality and availability of care for individuals and families with HIV/AIDS disease.

(Sec. 140) Continues through October 31, 2009, the eligibility of the Republic of Palau for certain appropriations and education grants.

(Sec. 141) Provides additional amounts for the Department of Veterans Affairs (VA) for the Veterans Health Administration for medical services, medical support, compliance, and facilities at specified maximum rates for operations.

(Sec. 142) Requires amounts provided by this joint resolution for Iraq, the Palestinian Authority, and Zimbabwe to be obligated under specified terms and conditions of the Supplemental Appropriations Act, 2009.

(Sec. 145) Extends through October 31, 2009, the comparability pay adjustments to certain Foreign Service members assigned abroad.

(Sec. 146) Continues through October 31, 2009, the authority of the Broadcasting Board of Governors to make grants for operating Radio Free Asia.

(Sec. 147) Extends through October 31, 2009, the United States Advisory Commission on Public Diplomacy.

(Sec. 148) Continues through October 31, 2009, the exemption of the Secretary of State from the requirement to convene an Accountability Review Board in the case of an incident that involves serious injury, loss of life, or significant destruction of property at, or related to, a federal mission in Afghanistan or Iraq.

(Sec. 149) Requires the Secretary of Housing and Urban Development (HUD) to obligate certain funds at a rate necessary to renew or amend, in a timely manner, all section 8 project-based, section 202, and section 811 rental assistance contracts. Authorizes the Secretary to provide such payments beyond October 31, 2009.

(Sec. 150) Specifies ceiling amounts for the loan principal of loan guarantee commitments, as authorized by the National Housing Act and insured, or not insured, under the Mutual Mortgage Insurance Fund.

(Sec. 152) Continues through October 31, 2009, HUD authority to insure, and to commit to insure, home equity conversion mortgages for elderly homeowners.

(Sec. 153) Continues through such date HUD authority to provide assistance to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects.

(Sec. 154) Requires funds made available under this joint resolution for the National Transportation Safety Board (NTSB) to include amounts necessary to make lease payments due in FY2010 only, on an obligation incurred in 2001 under a capital lease.

(Sec. 155) Prescribes a formula for the amount to be made available to the Secretary of Transportation for airport planning and development and noise compatibility planning and programs.

Continues this authority in effect through the earlier of the enactment of an Act amending it or October 31, 2009.

Continues through December 2010 the Secretary's airport improvement project grant authority.

(Sec. 156) Continues through October 31, 2009, excise taxes on aviation fuels and the air transportation of persons or property under the Internal Revenue Code.

Allows amounts in the Airport and Airway Trust Fund to be available, as provided by appropriations Acts, for making expenditures before November 1, 2009, to meet specified U.S. obligations.

(Sec. 157) Extends through October 31, 2009, certain requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized for surface transportation programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991, the Transportation Equity Act for the 21st Century, and specified federal laws that would otherwise expire on or cease to apply after FY2009.

Limits the use and distribution of funds to the same manner and at the same rate as funds authorized for such programs for FY2009.

(Sec. 158) Makes available, for October 1, 2009-October 31, 2009, an amount from the Highway Trust Fund (including from the Mass Transit Account) to carry out certain programs, projects, and activities.

(Sec. 159) Amends the Internal Revenue Code to extend through October 31, 2009, certain authority to make expenditures from the Highway Trust Fund, including the Mass Transit Account.

(Sec. 160) Amends the Dingell-Johnson Sport Fish Restoration Act to extend through October 31, 2009, funding for fish restoration and management projects.

(Sec. 161) Amends the Internal Revenue Code to authorize expenditures from the Sport Fish Restoration and Boating Trust Fund for: (1) the Dingell-Johnson Sport Fish Restoration Act; (2) the Transportation Equity Act for the 21st Century; and (3) the Coastal Wetlands Planning, Protection and Restoration Act.

(Sec. 162) Makes appropriations and funds made available and authority granted pursuant to sections 157 through 161 of this joint resolution available until the earlier of October 31, 2009, or enactment into law of an Act to extend or reauthorize surface transportation programs.

(Sec. 163) Prohibits the availability of funds for the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.

(Sec. 164) Allows the U.S. Postal Service to reduce by $4 billion its contribution payments into the Postal Service Retiree Health Benefit Fund for FY2009.