October 28, 2020

Volume X, Number 302

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October 26, 2020

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The Annual Congressional Ritual on Expiring Provisions

As Congress attempts to put together a “Continuing Resolution” this week to extend discretionary program funding and avoid a government shutdown on October 1, there has been talk of adding several seemingly unrelated provisions to the bill. These areas include highway programs, flood insurance, and Medicare and Medicaid demonstration programs.

Why? Each of these areas is on the long list of expiring programs. Congress must make decisions on whether to extend each of them. Between now and the end of the year, any major piece of legislation (an omnibus funding bill, COVID relief legislation, the defense authorization bill) could serve as a “vehicle” for adding unrelated expiring programs.

Here is a partial list of expiring programs:

Already expired:

— Crime: Violence Against Women Act (2/15)

— Counterterrorism: Foreign Intelligence Surveillance Act(3/15)

— Housing: CARES Act eviction moratorium (expired on 7/25, partially extended by regulation)

— Unemployment: enhanced unemployment insurance benefits (expired on 7/31)

— Small Business Loans: Paycheck Protection Program(application deadline was 8/8)

Set to expire on September 30:

— Funding: FY20 appropriations 

— Insurance: flood insurance program

— Infrastructure: surface transportation program

— Education: CARES Act student loan moratorium

— Trade: Generalized System of Preferences 

— Trade: Caribbean Basin Trade Preferences Act

— Agriculture: Grain Standards Act

— Agriculture: Livestock Mandatory Price Reporting

Set to expire on November 30:

— Healthcare: Medicare and Medicaid extenders (including Medicaid Money Follows the Person demonstration program; Medicaid spousal impoverishment protections; Community Mental Health Services demonstration; community health centers funding; National Health Service Corps; Teaching Health Center Graduate Medical Education program; Special Diabetes Program)

— Income Security: Temporary Assistance for Needy Families

Set to expire on December 1:

— Medicaid: disproportionate share hospital (DSH) payment reduction delay

Set to expire on December 31:

— Trade: Miscellaneous Tariffs Bill

— Benefits: Covid-19 paid sick and family leave benefits

— Unemployment: Pandemic Unemployment Assistance for self-employed workers

— Tax: 2017 tax bill, 2019 tax extenders provisions (increased medical expense deduction; work opportunity tax credit; reduced beer, wine and distilled spirits taxes; health coverage tax credit; empowerment zone tax incentives; new markets tax credit)

— Tax: Covid relief tax provisions (retirement plan hardship withdrawals; employee retention tax credit; tax credit for sick and family leave)

— Tax: renewable energy extenders (includes provisions relating to fuel cells; alternative fuel vehicles; plug-in electric vehicles; biofuel producers; renewable power production tax credit; energy efficient commercial buildings; wind production tax credit (1/1/21))

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 265
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About this Author

Robert Mangas, Greenberg Traurig Law Firm, Washington DC, Government Policy, Energy and Environmental Law Attorney
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Rob Mangas is Co-Managing Shareholder of the Washington, D.C. office and focuses his practice on advocacy before the U.S. Congress and federal agencies. He represents clients in a variety of different industry sectors, and is experienced in navigating U.S. House and Senate Rules and in legislative drafting.

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