January 26, 2021

Volume XI, Number 26


January 25, 2021

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Other Lame Duck Priorities: Expiring Provisions

In addition to COVID-19 relief legislation, Congress will decide during the Lame Duck session whether to extend programs that are set to expire before the end of the year. Congress has funded discretionary spending through Dec. 11, along with a number of other programs listed below. A large package may be developed to attempt to extend many of these programs.

Programs Set to Expire Dec. 11:

  • Agriculture: Grain Standards Act and Livestock Mandatory Price Reporting

  • Health Care: 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)

  • Health Care: Medicaid disproportionate share hospital (DSH) payment reduction delay

  • Income Security: Temporary Assistance for Needy Families

Programs Set to Expire at the End of the Year:

  • Benefits: COVID-19 paid sick and family leave benefits

  • Education: CARES Act student loan moratorium

  • Tax: 2017 tax bill, 2019 tax extenders provisions (increased medical expense deduction; work opportunity tax credit; reduced beer, wine and distilled spirits taxes;  health care coverage tax credit; empowerment zone tax incentives; new markets tax credit); COVID-19 relief tax provisions (retirement plan hardship withdrawals; employee retention tax credit; tax credit for sick and family leave);  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).

  • Trade: Generalized System of Preferences and Miscellaneous Tariffs Bill

  • Unemployment: Pandemic Unemployment Assistance for self-employed workers

Already Expired Programs:

  • Crime: Violence Against Women Act (expired 2/15)

  • Counterterrorism: Foreign Intelligence Surveillance Act (expired 3/15)

  • Housing: CARES Act eviction moratorium (expired 7/25)

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

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

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 321



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