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TITLE I
ESTABLISHMENT OF
HOUSE AND SENATE
BUDGET COMMITTEES

BUDGET COMMITTEE OF THE HOUSE OF

REPRESENTATIVES

SEC. 101. (a) Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating

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(e)(1) Committee on the Budget, consisting of the following Members:

(A) Members who are members of other standing committees, including five Members who are members of the Committee on Appropriations, and five Members who are members of the Committee on Ways and Means;

(B) one Member from the leadership of the majority party;

and

(C) one Member from the leadership of the minority party. No Member other than the representative from the leadership of the majority party and the representative from the leadership of the minority party shall serve as a member of the Committee on the Budget during more than three Congresses in any period of five successive Congresses (disregarding for this purpose any service performed as a member of such committee for less than a full session in any Congress), except that an incumbent chairman having served on the committee for three Congresses and having served as chairman of the committee for not more than one Congress shall be eligible for reelection to the committee as chairman for one additional Congress. Previous service on the Committee before the One Hundred First Congress shall be disregarded, for the purposes of this prohibition during the One Hundred First Congress, for the ranking minority member of the Committee (who is not the Member designated as the Member from the leadership of the minority party). A minority Member having served on the committee for three Congresses and having served as the ranking minority member in the last such Congress shall be eligible for reelection to the committee as ranking minority Member for

(i) provisions of law that make funds available for obligation and expenditure (other than borrowing authority), including the authority to obligate and expend the proceeds of offsetting receipts and collections;

(ii) borrowing authority, which means authority granted to a Federal entity to borrow and obligate and expend the borrowed funds, including through the issuance of promissory notes or other monetary credits;

(iii) contract authority, which means the making of funds available for obligation but not for expenditure; and

(iv) offsetting receipts and collections as negative budget authority, and the reduction thereof as positive budget authority.

(B) LIMITATIONS ON BUDGET AUTHORITY. -- With respect to the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account, any amount that is precluded from obligation in a fiscal year by a provision of law (such as a limitation or a benefit formula) shall not be budget authority in that year.

(C) NEW BUDGET AUTHORITY. The term "new budget authority" means, with respect to a fiscal year

(i) budget authority that first becomes available for obligation in that year, including budget authority that becomes available in that (ii) a change in any account in the availability of unobligated balances of budget authority carried over from a prior year, resulting from a provision of law first effective

in that year;

and includes a change in the estimated level of new budget authority provided in indefinite amounts by existing law. The term includes the cost for direct loan and loan guarantee programs, as those terms are defined by title V26

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There is no final period in the original. Section 13201(b)(1) of the Budget Enforcement Act added this last sentence. See infra p. 629.

Note that section 406(a), regarding off-budget agencies, programs, and activities (see infra pp. 221-222), and section 504(d)(1), regarding the budgetary accounting for credit (see infra p. 242), also require that certain items shall be included in budget authority.

Note that the statement of managers accompanying the conference report on the Budget Enforcement Act set forth scorekeeping guidelines that affect what constitutes budget authority. See infra note 1162. Prior to the resolution of those scorekeeping guidelines, the following colloquy setting forth the Budget Committee's policy for scoring of budget authority resulting from lease-purchases appeared in the Congressional Record during the debate on the budget resolution for fiscal year 1991:

SCORING OF LEASE-PURCHASES

Mr. DECONCINI. Mr. President, I see my friend the chairman of the Budget Committee on the floor and I wonder if he might be able to answer several questions I have concerning the budgetary treatment of leases and lease-purchases.

Mr. SASSER. I will certainly try to answer any questions that the distinguished Senator from Arizona might have.

Mr. DECONCINI. I thank the Senator. My staff informs me that the Senate Budget Committee, the House Budget Committee, the Congressional Budget Office and the Office of Management and Budget have been involved in discussions concerning the scorekeeping treatment of leases and lease-purchases.

Mr. SASSER. The Senator is correct. After our experience with the fiscal year 1990 appropriations bills, the Budget Committee informed the other committees that it would be reviewing the budgetary treatment of leases and lease purchases in future fiscal years. That review has led to the following

26...continued)

current Senate Budget Committee position.

First, in the case of leases, budget authority will be scored in the year in which it is first made available in the amount of the Government's total estimated obligations. The outlays will be scored equal to the estimated annual lease payments. Since neither the President's budget nor the budget resolution reported out by the Budget Committee provided the budget authority necessary to implement this new treatment of leases, it is my intention that this scorekeeping practice will not go into effect until fiscal year 1992. Furthermore, this scorekeeping practice affects only new leases or renewals entered into after the change. It does not affect existing leases. Finally, on the subject of leases, if the fiscal year 1992 President's budget request, for some reason, does not reflect this scorekeeping change, the Budget Committee will review its position on the scoring of leases.

The scoring of lease-purchase agreements, which will begin in fiscal year 1991, is as follows:

Standard-lease purchases will be scored like leases. Budget authority will be scored in the year in which it is first made available in the amount of the Government's total estimated obligations -- both the principal and the interest. Outlays will be scored for any year in the amount of payments estimated to be made in that year to liquidate the obligations. In the case of a standard lease purchase, outlays will be scored equal to the estimated annual payment.

Scoring both the principle and all of the interest in the first year means that there will be a large amount of budget authority associated with lease-purchases, which re[f]lects the fact that lease-purchases are more expensive than direct Federal construction. For example, at a interest rate of 10 percent, the budget authority needed for a 30-year lease-purchase will be four times larger than that needed for direct Federal construction.

Recently a second type of lease-purchase has been developed. In this type of lease-purchase, the third-party financing is guaranteed by the full faith and credit of the Government. Such arrangements will be treated like purchases and not like leases, and would be scored accordingly. Budget authority will be scored in the year in which the budget authority is first made available in the amount of the Government's total estimated obligations-both the principal and the interest. Principal outlays will be scored over the construction period at the rate of construction.

In cases where the legislation is vague as to the type of lease purchase contract, the Budget Committee will use its best judgment. Initially, the presumption will be that it is a standard lease-purchase-no Government guarantee-and the outlays will be scored over the lease period. However, if actual practice indicates that the presumption is erroneous-either with regard to particular cases or generally-the presumption may change.

I am hesitant at this point to offer a definitive definition of a standard

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