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Revenue Provisions in Annual Appropriations Acts (CRS Report for Congress)

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Release Date Nov. 23, 1998
Report Number 98-846
Report Type Report
Authors Robert Keith, Government Division
Source Agency Congressional Research Service
Summary:

Under the standing rules and practices of the House of Representatives and the Senate, legislation affecting the revenues of the federal government usually is considered separately from legislation providing annual appropriations to federal agencies. Coordination of revenue and spending decisions occurs under the congressional budget process, in which the appropriate aggregate levels of revenue and spending for a multi-year period are set forth in a concurrent resolution on the budget. The revenue and spending legislation necessary to implement budget resolution policies, however, usually is developed under separate and distinct procedures. Notwithstanding this general feature of the legislative process, revenue provisions are included in annual appropriations acts from time to time. During the 1980s and 1990s, revenue provisions have been included in regular appropriations acts on several occasions. For the most part, these provisions have been relatively minor in scope, with modest budgetary impact. However, as discussed in this report, four measures enacted in the late 1990s involved 5-year revenue losses in excess of $150 million. Nearly all legislative changes affecting revenues during this period have occurred in revenue bills and reconciliation measures considered under regular legislative procedures, with a multi-year revenue impact of hundreds of billions of dollars. In some cases, provisions involving offsetting collections with a substantial budgetary impact have been included in annual appropriations acts, but such transactions are not counted as revenues. On the basis of information provided by the Congressional Budget Office, six annual appropriations acts enacted during FY1991-1999 included revenue provisions: (1) the Omnibus Consolidated Rescissions and Appropriations Act, FY1996 ( P.L. 104-134 ); (2) the VA-HUD Appropriations Act, FY1997 ( P.L. 104-204 ); (3) the Omnibus Consolidated Appropriations Act, FY1997 ( P.L. 104-208 ); (4) the Treasury-Postal Appropriations Act, FY1998 ( P.L. 105-61 ); (5) the VA-HUD Appropriations Act, FY1999 ( P.L. 105-276 ); and (6) the Omnibus Consolidated and Supplemental Emergency Appropriations Act, FY1999 ( P.L. 105-277 ). Three of the six measures were regular appropriations acts; the other three were omnibus appropriations acts. Two of the measures involved revenue increases (ranging from $25 million to $967 million over 5 years); the other four involved revenue losses (ranging from $55 million to $516 million over 5 years). The revenue provisions included in these six acts dealt with such matters as the adjustment of monetary penalties for inflation; the required use by federal agencies of electronic fund transfers; newborns' and mothers' health protection; parity in certain mental health benefits; bank insurance funds; a one-time open season so that federal employees in the Civil Service Retirement System could choose to switch to the newer Federal Employees Retirement System; a change to the Freddie Mac charter involving default loss protection (which subsequently was repealed); the extension of expiring tax provisions; Medicare-related provisions; and revenue offsets.