To provide other enforcement provisions related to the House of Representatives.
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Senate amendment submitted
October 19, 2017
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Senate amendment submitted
October 19, 2017
Senate amendment proposed (on the floor): Amendment SA 1561 proposed by Senator Enzi to Amendment SA 1116.(consideration: CR S6625-6626, S6628-6629; text: CR S6626)
October 19, 2017
Senate amendment agreed to: Amendment SA 1561 agreed to in Senate by Yea-Nay Vote. 52 - 48. Record Vote Number: 244.
October 19, 2017
Roll call votes on amendments in Senate: Amendment SA 1561 agreed to in Senate by Yea-Nay Vote. 52 - 48. Record Vote Number: 244.
October 19, 2017
Amendment SA 1561 proposed by Senator Enzi to Amendment SA 1116. (consideration: CR S6625-6626, S6628-6629; text: CR S6626) To provide other enforcement provisions related to the House of Representatives.
October 19, 2017
Amendment SA 1561 agreed to in Senate by Yea-Nay Vote. 52 - 48. Record Vote Number: 244.
October 19, 2017
Votes
1 roll call on this amendment
Text
Submitted
SA 1561. Mr. ENZI proposed an amendment to amendment SA 1116 proposed by Mr. Enzi to the concurrent resolution H. Con. Res. 71, establishing the congressional budget for the United States Government for fiscal year 2018 and setting forth the appropriate budgetary levels for fiscal years 2019 through 2027; as follows: At the end, add the following: TITLE V--BUDGET PROCESS IN THE HOUSE OF REPRESENTATIVES Subtitle A--Budget Enforcement SEC. 5101. POINT OF ORDER AGAINST INCREASING LONG-TERM DIRECT SPENDING. (a) Point of Order.--It shall not be in order in the House of Representatives to consider any bill or joint resolution, or amendment thereto or conference report thereon, that would cause a net increase in direct spending in excess of $2,500,000,000 in any of the 4 consecutive 10-fiscal year periods described in subsection (b). (b) Congressional Budget Office Analysis of Proposals.--The Director of the Congressional Budget Office shall, to the extent practicable, prepare an estimate of whether a bill or joint resolution reported by a committee (other than the Committee on Appropriations), or amendment thereto or conference report thereon, would cause, relative to current law, a net increase in direct spending in the House of Representatives, in excess of $2,500,000,000 in any of the 4 consecutive 10-fiscal year periods beginning after the last fiscal year of this concurrent resolution. (c) Limitation.--In the House of Representatives, the provisions of this section shall not apply to any bills or joint resolutions, or amendments thereto or conference reports thereon, for which the chair of the Committee on the Budget has made adjustments to the allocations, aggregates, or other budgetary levels in this concurrent resolution. (d) Determinations of Budget Levels.--For purposes of this section, the levels of net increases in direct spending shall be determined on the basis of estimates provided by the chair of the Committee on the Budget of the House of Representatives. (e) Sunset.--This section shall have no force or effect after September 30, 2018. SEC. 5102. ALLOCATION FOR OVERSEAS CONTINGENCY OPERATIONS/ GLOBAL WAR ON TERRORISM. (a) Separate Allocation for Overseas Contingency Operations/Global War on Terrorism.--In the House of Representatives, there shall be a separate allocation of new budget authority and outlays provided to the Committee on Appropriations for the purposes of Overseas Contingency Operations/Global War on Terrorism, which shall be deemed to be an allocation under section 302(a) of the Congressional Budget Act of 1974. Section 302(a)(3) of such Act shall not apply to such separate allocation. (b) Section 302 Allocations.--The separate allocation referred to in subsection (a) shall be the exclusive allocation for Overseas Contingency Operations/Global War on Terrorism under section 302(b) of the Congressional Budget Act of 1974. The Committee on Appropriations of the House of Representatives may provide suballocations of such separate allocation under such section 302(b). (c) Application.--For purposes of enforcing the separate allocation referred to in subsection (a) under section 302(f) of the Congressional Budget Act of 1974, the ``first fiscal year'' and the ``total of fiscal years'' shall be deemed to refer to fiscal year 2018. Section 302(c) of such Act shall not apply to such separate allocation. (d) Designations.--New budget authority or outlays shall only be counted toward the allocation referred to in subsection (a) if designated pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. (e) Adjustments.--For purposes of subsection (a) for fiscal year 2018, no adjustment shall be made under section 314(a) of the Congressional Budget Act of 1974 if any adjustment would be made under section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 5103. LIMITATION ON CHANGES IN CERTAIN MANDATORY PROGRAMS. (a) Definition.--In this section, the term ``change in mandatory programs'' means a provision that-- (1) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect prior to September 30, 2002) if the provision were included in legislation other than appropriation Acts; and (2) results in a net decrease in budget authority in the budget year, but does not result in a net decrease in outlays over the total of the current year, the budget year, and all fiscal years covered under the most recently agreed to concurrent resolution on the budget. (b) Point of Order in the House of Representatives.-- (1) In general.--A provision in a bill or joint resolution making appropriations for a full fiscal year that proposes a change in mandatory programs that, if enacted, would cause the absolute value of the total budget authority of all such changes in mandatory programs enacted in relation to a full fiscal year to be more than the amount specified in [[Page S6697]] paragraph (3), shall not be in order in the House of Representatives. (2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a full fiscal year if such amendment thereto or conference report thereon proposes a change in mandatory programs that, if enacted, would cause the absolute value of the total budget authority of all such changes in mandatory programs enacted in relation to a full fiscal year to be more than the amount specified in paragraph (3). (3) Amount.--The amount specified in this paragraph is-- (A) for fiscal year 2018, $19,100,000,000; (B) for fiscal year 2019, $17,000,000,000; and (C) for fiscal year 2020, $15,000,000,000. (c) Determination.--For purposes of this section, budgetary levels shall be determined on the basis of estimates provided by the chair of the Committee on the Budget of the House of Representatives. SEC. 5104. LIMITATION ON ADVANCE APPROPRIATIONS. (a) In General.--In the House of Representatives, except as provided for in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or amendment thereto or conference report thereon, may not provide advance appropriations. (b) Exceptions.--An advance appropriation may be provided for programs, projects, activities, or accounts identified in the report or the joint explanatory statement of managers, as applicable, accompanying this concurrent resolution under the following headings: (1) General.--``Accounts Identified for Advance Appropriations''. (2) Veterans.--``Veterans Accounts Identified for Advance Appropriations''. (c) Limitations.--The aggregate level of advance appropriations shall not exceed the following: (1) General.--$28,852,000,000 in new budget authority for all programs identified pursuant to subsection (b)(1). (2) Veterans.--$70,699,313,000 in new budget authority for programs in the Department of Veterans Affairs identified pursuant to subsection (b)(2). (d) Definition.--In this section, the term ``advance appropriation'' means any new discretionary budget authority provided in a general appropriation bill or joint resolution continuing appropriations for fiscal year 2018, or any amendment thereto or conference report thereon, that first becomes available for the first fiscal year following fiscal year 2018. SEC. 5105. ESTIMATES OF DEBT SERVICE COSTS. In the House of Representatives, the chair of the Committee on the Budget may direct the Congressional Budget Office to include, in any estimate prepared under section 402 of the Congressional Budget Act of 1974 with respect to any bill or joint resolution, an estimate of any change in debt service costs resulting from carrying out such bill or resolution. Any estimate of debt service costs provided under this section shall be advisory and shall not be used for purposes of enforcement of such Act, the Rules of the House of Representatives, or this concurrent resolution. This section shall not apply to authorizations of programs funded by discretionary spending or to appropriation bills or joint resolutions, but shall apply to changes in the authorization level of appropriated entitlements. SEC. 5106. FAIR-VALUE CREDIT ESTIMATES. (a) All Credit Programs.--Whenever the Director of the Congressional Budget Office provides an estimate of any measure that establishes or modifies any program providing loans or loan guarantees, the Director shall also, to the extent practicable, provide a fair-value estimate of such loan or loan guarantee program if requested by the chair of the Committee on the Budget of the House of Representatives. (b) Student Financial Assistance and Housing Programs.--The Director of the Congressional Budget Office shall provide, to the extent practicable, a fair-value estimate as part of any estimate for any measure that establishes or modifies a loan or loan guarantee program for student financial assistance or housing (including residential mortgage). (c) Baseline Estimates.--The Congressional Budget Office shall include estimates, on a fair-value and credit reform basis, of loan and loan guarantee programs for student financial assistance, housing (including residential mortgage), and such other major loan and loan guarantee programs, as practicable, in its The Budget and Economic Outlook: 2018 to 2027. (d) Enforcement in the House of Representatives.--If the Director of the Congressional Budget Office provides an estimate pursuant to subsection (a) or (b), the chair of the Committee on the Budget of the House of Representatives may use such estimate to determine compliance with the Congressional Budget Act of 1974 and other budget enforcement requirements. SEC. 5107. ESTIMATES OF MACROECONOMIC EFFECTS OF MAJOR LEGISLATION. (a) CBO and JCT Estimates.--During the 115th Congress, any estimate of major legislation considered in the House of Representatives provided by the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 or by the Joint Committee on Taxation to the Congressional Budget Office under section 201(f) of such Act shall, to the extent practicable, incorporate the budgetary effects of changes in economic output, employment, capital stock, and other macroeconomic variables resulting from such major legislation. (b) Contents.--Any estimate referred to in subsection (a) shall, to the extent practicable, include-- (1) a qualitative assessment of the budgetary effects (including macroeconomic variables described in subsection (a)) of the major legislation in the 20-fiscal year period beginning after the last fiscal year of the most recently agreed to concurrent resolution on the budget that sets forth budgetary levels required under section 301 of the Congressional Budget Act of 1974; and (2) an identification of the critical assumptions and the source of data underlying that estimate. (c) Definitions.--In this section: (1) Major legislation.--The term ``major legislation'' means a bill or joint resolution, or amendment thereto or conference report thereon-- (A) for which an estimate is required to be prepared pursuant to section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) and that causes a gross budgetary effect (before incorporating macroeconomic effects and not including timing shifts) in a fiscal year in the period of years of the most recently agreed to concurrent resolution on the budget equal to or greater than 0.25 percent of the current projected gross domestic product of the United States for that fiscal year; or (B) designated as such by-- (i) the chair of the Committee on the Budget of the House of Representatives for all direct spending legislation; or (ii) the Member who is Chairman or Vice Chairman of the Joint Committee on Taxation for revenue legislation. (2) Budgetary effects.--The term ``budgetary effects'' means changes in revenues, direct spending outlays, and deficits. (3) Timing shifts.--The term ``timing shifts'' means-- (A) provisions that cause a delay of the date on which outlays flowing from direct spending would otherwise occur from one fiscal year to the next fiscal year; or (B) provisions that cause an acceleration of the date on which revenues would otherwise occur from one fiscal year to the prior fiscal year. SEC. 5108. ADJUSTMENTS FOR IMPROVED CONTROL OF BUDGETARY RESOURCES. (a) Adjustments of Discretionary and Direct Spending Levels.--In the House of Representatives, if a committee (other than the Committee on Appropriations) reports a bill or joint resolution, or an amendment thereto is offered or conference report thereon is submitted, providing for a decrease in direct spending (budget authority and outlays flowing therefrom) for any fiscal year and also provides for an authorization of appropriations for the same purpose, upon the enactment of such measure, the chair of the Committee on the Budget may decrease the allocation to the applicable authorizing committee that reports such measure and increase the allocation of discretionary spending (budget authority and outlays flowing therefrom) to the Committee on Appropriations for fiscal year 2018 by an amount equal to the new budget authority (and outlays flowing therefrom) provided for in a bill or joint resolution making appropriations for the same purpose. (b) Determinations.--In the House of Representatives, for purposes of enforcing this concurrent resolution, the allocations and aggregate levels of new budget authority, outlays, direct spending, revenues, deficits, and surpluses for fiscal year 2018 and the total of fiscal years 2018 through 2027 shall be determined on the basis of estimates made by the chair of the Committee on the Budget and such chair may adjust the applicable levels in this concurrent resolution. SEC. 5109. SCORING RULE FOR ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) In General.--The Director of the Congressional Budget Office shall estimate provisions of any bill or joint resolution, or amendment thereto or conference report thereon, that provides the authority to enter into or modify any covered energy savings contract on a net present value basis (NPV). (b) NPV Calculations.--The net present value of any covered energy savings contract shall be calculated as follows: (1) The discount rate shall reflect market risk. (2) The cash flows shall include, whether classified as mandatory or discretionary, payments to contractors under the terms of their contracts, payments to contractors for other services, and direct savings in energy and energy-related costs. (3) The stream of payments shall cover the period covered by the contracts but not to exceed 25 years. (c) Definition.--As used in this section, the term ``covered energy savings contract'' means-- (1) an energy savings performance contract authorized under section 801 of the National Energy Conservation Policy Act; or (2) a utility energy service contract, as described in the Office of Management and Budget Memorandum on Federal Use of Energy Savings Performance Contracting, dated July 25, 1998 (M-98-13), and the Office of Management and Budget Memorandum on the Federal Use of Energy Saving Performance Contracts and Utility Energy Service Contracts, dated September 28, 2015 (M-12-21), or any successor to either memorandum. [[Page S6698]] (d) Enforcement in the House of Representatives.--In the House of Representatives, if any net present value of any covered energy savings contract calculated under subsection (b) results in a net savings, then the budgetary effects of such contract shall not be counted for purposes of titles III and IV of the Congressional Budget Act of 1974, this concurrent resolution, or clause 10 of rule XXI of the Rules of the House of Representatives. (e) Classification of Spending.--For purposes of budget enforcement, the estimated net present value of the budget authority provided by the measure, and outlays flowing therefrom, shall be classified as direct spending. (f) Sense of the House of Representatives.--It is the sense of the House of Representatives that-- (1) the Director of the Office of Management and Budget, in consultation with the Director of the Congressional Budget Office, should separately identify the cash flows under subsection (b)(2) and include such information in the President's annual budget submission under section 1105(a) of title 31, United States Code; and (2) the scoring method used in this section should not be used to score any contracts other than covered energy savings contracts. SEC. 5110. LIMITATION ON TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE HIGHWAY TRUST FUND. In the House of Representatives, for purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the rules or orders of the House of Representatives, a bill or joint resolution, or an amendment thereto or conference report thereon, that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. SEC. 5111. PROHIBITION ON USE OF FEDERAL RESERVE SURPLUSES AS AN OFFSET. In the House of Representatives, any provision of a bill or joint resolution, or amendment thereto or conference report thereon, that transfers any portion of the net surplus of the Federal Reserve System to the general fund of the Treasury shall not be counted for purposes of enforcing the Congressional Budget Act of 1974, this concurrent resolution, or clause 10 of rule XXI of the Rules of the House of Representatives. SEC. 5112. PROHIBITION ON USE OF GUARANTEE FEES AS AN OFFSET. In the House of Representatives, any provision of a bill or joint resolution, or amendment thereto or conference report thereon, that increases, or extends the increase of, any guarantee fees of the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) shall not be counted for purposes of enforcing the Congressional Budget Act of 1974, this concurrent resolution, or clause 10 of rule XXI of the Rules of the House of Representatives. SEC. 5113. MODIFICATION OF RECONCILIATION IN THE HOUSE OF REPRESENTATIVES. (a) In General.--Section 2002 shall have no force or effect. (b) Reconciliation in the House of Representatives.--Not later than November 13, 2017, the Committee on Ways and Means of the House of Representatives shall report to the House of Representatives changes in laws within its jurisdiction that increase the deficit by not more than $1,500,000,000,000 for the period of fiscal years 2018 through 2027. Subtitle B--Other Provisions SEC. 5201. BUDGETARY TREATMENT OF ADMINISTRATIVE EXPENSES. (a) In General.--In the House of Representatives, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974, section 13301 of the Budget Enforcement Act of 1990, and section 2009a of title 39, United States Code, the report or the joint explanatory statement, as applicable, accompanying this concurrent resolution shall include in its allocation to the Committee on Appropriations under section 302(a) of the Congressional Budget Act of 1974 amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service. (b) Special Rule.--In the House of Representatives, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974, estimates of the levels of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in subsection (a). SEC. 5202. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND AGGREGATES. (a) Application.--In the House of Representatives, any adjustments of the allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall-- (1) apply while that measure is under consideration; (2) take effect upon the enactment of that measure; and (3) be published in the Congressional Record as soon as practicable. (b) Effect of Changed Allocations and Aggregates.--Revised allocations and aggregates resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 as the allocations and aggregates contained in this concurrent resolution. (c) Budget Committee Determinations.--For purposes of this concurrent resolution, the budgetary levels for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the House of Representatives. (d) Aggregates, Allocations and Application.--In the House of Representatives, for purposes of this concurrent resolution and budget enforcement, the consideration of any bill or joint resolution, or amendment thereto or conference report thereon, for which the chair of the Committee on the Budget makes adjustments or revisions in the allocations, aggregates, and other budgetary levels of this concurrent resolution shall not be subject to the points of order set forth in clause 10 of rule XXI of the Rules of the House of Representatives or section 5101 of this concurrent resolution. (e) Other Adjustments.--The chair of the Committee on the Budget of the House of Representatives may adjust other appropriate levels in this concurrent resolution depending on congressional action on pending reconciliation legislation. SEC. 5203. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS. In the House of Representatives, the chair of the Committee on the Budget may adjust the appropriate aggregates, allocations, and other budgetary levels in this concurrent resolution for any change in budgetary concepts and definitions consistent with section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 5204. ADJUSTMENT FOR CHANGES IN THE BASELINE. In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, reconciliation targets, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office's update to its baseline for fiscal years 2018 through 2027. SEC. 5205. APPLICATION OF RULE REGARDING LIMITS ON DISCRETIONARY SPENDING. Section 314(f) of the Congressional Budget Act of 1974 shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget authority for a fiscal year or to any conference report on any such bill or resolution if-- (1) the enactment of that bill or resolution; (2) the adoption and enactment of that amendment; or (3) the enactment of that bill or resolution in the form recommended in that conference report, would not cause the 302(a) allocation to the Committee on Appropriations for fiscal year 2018 to be exceeded. SEC. 5206. ENFORCEMENT FILING IN THE HOUSE. In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2018 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations and list provided for in this section shall apply in the House of Representatives in the same manner as if such allocations and list were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2018. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing-- (1) for the Committee on Appropriations, committee allocations for fiscal year 2018 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); (2) for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2018 and for the period of fiscal years 2018 through 2027 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); and (3) a list of programs, projects, activities, or accounts identified for advance appropriations for the purpose of enforcing section 5104 of this concurrent resolution. SEC. 5207. EXERCISE OF RULEMAKING POWERS. The House of Representatives adopts the provisions of this title and section 2002-- (1) as an exercise of the rulemaking power of the House of Representatives, and as such they shall be considered as part of the rules of the House of Representatives, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of the House of Representatives to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the House of Representatives. Subtitle C--Adjustment Authority SEC. 5301. ADJUSTMENT AUTHORITY FOR AMENDMENTS TO STATUTORY CAPS. During the 115th Congress, if a measure becomes law that amends the discretionary spending limits established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), such as a measure increasing the limit for the revised security category for fiscal year 2018 to be $640,000,000,000, the chair of the [[Page S6699]] Committee on the Budget of the House of Representatives may adjust the allocation called for under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to the appropriate committee or committees of the House of Representatives, and may adjust all other budgetary aggregates, allocations, levels, and limits contained in this resolution, as necessary, consistent with such measure. Subtitle D--Reserve Funds SEC. 5401. RESERVE FUND FOR INVESTMENTS IN NATIONAL INFRASTRUCTURE. In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other appropriate levels in this concurrent resolution for any bill or joint resolution, or amendment thereto or conference report thereon, that invests in national infrastructure to the extent that such measure is deficit neutral for the total of fiscal years 2018 through 2027. SEC. 5402. RESERVE FUND FOR COMPREHENSIVE TAX REFORM. In the House of Representatives, if the Committee on Ways and Means reports a bill or joint resolution that provides for comprehensive tax reform, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution for the budgetary effects of any such bill or joint resolution, or amendment thereto or conference report thereon, if such measure would not increase the deficit for the total of fiscal years 2018 through 2027. SEC. 5403. RESERVE FUND FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM. In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, budget aggregates and other appropriate levels in this concurrent resolution for the budgetary effects of any bill or joint resolution, or amendment thereto or conference report thereon, that extends the State Children's Health Insurance Program allotments, if such measure would not increase the deficit for the total of fiscal years 2018 through 2027. SEC. 5404. RESERVE FUND FOR THE REPEAL OR REPLACEMENT OF PRESIDENT OBAMA'S HEALTH CARE LAWS. In the House of Representatives, the chair of the Committee on the Budget may revise the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution for the budgetary effects of any bill or joint resolution, or amendment thereto or conference report thereon, that repeals or replaces any provision of the Patient Protection and Affordable Care Act or title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 by the amount of budget authority and outlays flowing therefrom provided by such measure for such purpose. ______