[Congressional Record Volume 166, Number 56 (Sunday, March 22, 2020)]
[Senate]
[Pages S1915-S1917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1564. Mr. MENENDEZ (for himself, Mr. Perdue, Mr. Tester, and Mr. 
Tillis) submitted an amendment intended to be proposed by him to the 
bill H.R. 748, to amend the Internal Revenue Code of 1986 to repeal the 
excise tax on high cost employer-sponsored health coverage; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. OPEN MARKET OPERATIONS.

       Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is 
     amended by adding at the end the following:
       ``(3)(A) In unusual and exigent circumstances, the Federal 
     Open Market Committee may, by a majority vote, authorize any 
     Federal reserve bank, during such periods as the Committee 
     may determine, to buy and sell, at home or abroad--
       ``(i) investment grade bills, notes, bonds, or warrants, 
     none of which may have a maturity of less than 6 months, by 
     any corporation, company, or similar legal entity; and
       ``(ii) investment grade bills, notes, bonds, and warrants, 
     none of which may have a maturity of less than 6 months, by 
     any State, county, district, political subdivision, 
     instrumentality of a political subdivision, territory, 
     possession, municipality, or Indian tribe, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304), in the United States, 
     including irrigation, drainage, and reclamation districts.
       ``(B) All actions under this paragraph shall be subject to 
     such limitations, restrictions, and regulations as the 
     Federal Open Market Committee may prescribe. In prescribing 
     such limitations, restrictions, and regulations, the Federal 
     Open Market Committee shall take into account the need to 
     protect taxpayers from losses.
       ``(C) Assets purchased under this paragraph shall be 
     denominated in United States dollars.
       ``(D) Not later than 7 days after the exercise of the 
     authority in subparagraph (A) that occurs on or after January 
     1, 2021, the Chairman of the Board shall--
       ``(i) appear before the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the chair and ranking members of the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives describing--
       ``(I) why action under this paragraph is necessary to 
     achieve the monetary policy objectives under section 2A; and
       ``(II) how the Federal Open Market Committee has exhausted 
     all other reasonable options available in achieving the 
     monetary policy objectives under section 2A; and
       ``(ii) submit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report on the 
     description described in clause (i)(I).
       ``(E)(i) Not later than 3 days after the date of enactment 
     of this paragraph, the Federal Open Market Committee shall 
     meet and vote on whether to exercise the authority under this 
     paragraph with respect to the national emergency declared by 
     the President under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) with respect to the coronavirus disease 2019 
     (COVID-19).
       ``(ii) If the Federal Open Market Committee does not 
     approve to exercise the authority under this clause (i), the 
     Board shall submit to the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the chair and ranking members of the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives a notice describing why such action is not 
     necessary to achieve the monetary policy objectives under 
     section 2A.
       ``(F) Upon the expiration of the unusual and exigent 
     circumstances, it should be a priority of the Federal Open 
     Market Committee to achieve the monetary policy objectives 
     under section 2A without the use of the authority provided 
     under this paragraph as soon as practicable while minimizing 
     the disruptions to the market and general economy of the 
     United States.''.

                                 ______
                                 
  SA 1565. Mr. MENENDEZ (for himself, Mr. Perdue, Mr. Tester, and Mr. 
Tillis) submitted an amendment intended to be proposed by him to the 
bill H.R. 748, to amend the Internal Revenue Code of 1986 to repeal the 
excise tax on high cost employer-sponsored health coverage; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. OPEN MARKET OPERATIONS.

       Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is 
     amended by adding at the end the following:
       ``(3)(A) In unusual and exigent circumstances, the Federal 
     Open Market Committee may, by a majority vote, authorize any 
     Federal reserve bank, during such periods as the Committee 
     may determine, to buy and sell, at home or abroad--
       ``(i) investment grade bills, notes, bonds, or warrants, 
     none of which may have a maturity of less than 6 months, by 
     any corporation, company, or similar legal entity; and
       ``(ii) investment grade bills, notes, bonds, and warrants, 
     none of which may have a maturity of less than 6 months, by 
     any State, county, district, political subdivision, 
     instrumentality of a political subdivision, territory, 
     possession, municipality, or Indian tribe, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304), in the United States, 
     including irrigation, drainage, and reclamation districts.
       ``(B) All actions under this paragraph shall be subject to 
     such limitations, restrictions, and regulations as the 
     Federal Open Market Committee may prescribe. In prescribing 
     such limitations, restrictions, and regulations, the Federal 
     Open Market Committee shall take into account the need to 
     protect taxpayers from losses.
       ``(C) Assets purchased under this paragraph shall be 
     denominated in United States dollars.
       ``(D) Not later than 7 days after the exercise of the 
     authority in subparagraph (A) that occurs on or after January 
     1, 2021, the Chairman of the Board shall--
       ``(i) appear before the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the chair and ranking members of the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives describing--
       ``(I) why action under this paragraph is necessary to 
     achieve the monetary policy objectives under section 2A; and
       ``(II) how the Federal Open Market Committee has exhausted 
     all other reasonable options available in achieving the 
     monetary policy objectives under section 2A; and
       ``(ii) submit to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report on the 
     description described in clause (i)(I).
       ``(E)(i) Not later than 3 days after the date of enactment 
     of this paragraph, the Federal Open Market Committee shall 
     meet and vote on whether to exercise the authority under this 
     paragraph with respect to the national emergency declared by 
     the President under

[[Page S1916]]

     the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
     respect to the coronavirus disease 2019 (COVID-19).
       ``(ii) If the Federal Open Market Committee does not 
     approve to exercise the authority under this clause (i), the 
     Board shall submit to the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the chair and ranking members of the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, and the Committee on Financial Services of the House 
     of Representatives a notice describing why such action is not 
     necessary to achieve the monetary policy objectives under 
     section 2A.
       ``(F) Upon the expiration of the unusual and exigent 
     circumstances, it should be a priority of the Federal Open 
     Market Committee to achieve the monetary policy objectives 
     under section 2A without the use of the authority provided 
     under this paragraph as soon as practicable while minimizing 
     the disruptions to the market and general economy of the 
     United States.''.
                                 ______
                                 
  SA 1566. Mr. LANKFORD (for himself, Mr. Coons, Mr. Lee, Ms. 
Klobuchar, Mr. Scott of South Carolina, Mrs. Shaheen, Ms. McSally, and 
Ms. Sinema) submitted an amendment intended to be proposed by him to 
the bill H.R. 748, to amend the Internal Revenue Code of 1986 to repeal 
the excise tax on high cost employer-sponsored health coverage; which 
was ordered to lie on the table; as follows:

        Strike section ______ and insert the following:

     SEC. ____. ABOVE-THE-LINE DEDUCTION FOR CHARITABLE 
                   CONTRIBUTIONS FOR INDIVIDUALS NOT ITEMIZING 
                   DEDUCTIONS.

       (a) In General.--Subsection (a) of section 62 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     paragraph (21) the following new paragraph:
       ``(22) Charitable contributions for individuals not 
     itemizing deductions.--In the case of an individual who does 
     not elect to itemize deductions for the taxable year, the 
     deduction allowed by section 170 with respect to charitable 
     contributions (as defined in section 170(c)) made during the 
     period beginning on January 1, 2020, and ending on December 
     31, 2020. The preceding sentence shall not apply to any 
     deduction in excess of an amount equal to \1/3\ of the amount 
     of the standard deduction with respect to such individual.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to charitable contributions (as defined in 
     section 170(c) of the Internal Revenue Code of 1986) made 
     after December 31, 2019.
                                 ______
                                 
  SA 1567. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 748, to amend the Internal Revenue Code of 1986 
to repeal the excise tax on high cost employer-sponsored health 
coverage; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROVIDING INFORMATION TO STATES REGARDING 
                   UNDELIVERED SAVINGS BONDS.

       Section 3105 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(f)(1) Notwithstanding any other law, the Secretary shall 
     provide each State, as digital or other electronically 
     searchable forms become available (including digital images), 
     with sufficient information to identify the registered owner 
     of any applicable savings bond with a registration address 
     that is within such State, including the serial number of the 
     bond, the name and registered address of such owner, and any 
     registered beneficiaries.
       ``(2) The Secretary shall prescribe such regulations or 
     other guidance as may be necessary to carry out the purposes 
     of this subsection, including rules to--
       ``(A) protect the privacy of the owners of applicable 
     savings bonds; and
       ``(B) ensure that any information provided to a State under 
     this subsection shall be used solely to locate such owners 
     and assist them in redeeming such bonds with the United 
     States Treasury.
       ``(3) Not later than 12 months after the date of enactment 
     of this subsection, and annually thereafter, the Secretary 
     shall submit to the Committee on Appropriations and the 
     Committee on Finance of the Senate a report assessing all 
     efforts to satisfy the requirement under paragraph (1).
       ``(4) For purposes of this subsection, the term `applicable 
     savings bond' means a matured and unredeemed savings bond.''.
                                 ______
                                 
  SA 1568. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill H.R. 748, to amend the Internal Revenue Code of 1986 to 
repeal the excise tax on high cost employer-sponsored health coverage; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES 
                   UNDER MEDICARE AND MEDICAID.

       (a) Findings.--Congress finds the following:
       (1) Allergies, when not properly diagnosed, cannot be 
     effectively treated.
       (2) Allergies to food, inhaled particles, or other sources 
     can cause debilitating and, in some cases, fatal reactions.
       (3) Allergies can substantially compound other illnesses, 
     including asthma, emphysema, and adult obstructive pulmonary 
     diseases, leading to social and economic costs for families 
     and our Nation's health care system.
       (4) According to clinical guidelines from the National 
     Institutes of Health and recommendations from peer-reviewed 
     literature, in vitro specific IgE tests and percutaneous 
     tests are considered equivalent as confirmatory tests in 
     terms of their sensitivity and accuracy.
       (5) Despite these recommendations, some current Medicare 
     local coverage determinations and Medicaid coverage policies 
     deny equal access to in vitro specific IgE tests and 
     percutaneous tests.
       (6) In vitro specific IgE tests and percutaneous tests must 
     be equally accessible for clinicians and patients to improve 
     health outcomes, reduce system costs, and reduce current 
     health care disparities caused by the lack of equal coverage.
       (b) Medicaid Coverage for Allergy Diagnostic Testing 
     Services.--
       (1) In general.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (A) in section 1902(a)--
       (i) in paragraph (85), by striking ``and'' at the end;
       (ii) in paragraph (86), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (86) the following new 
     paragraph:
       ``(87) provide, with respect to the provision of allergy 
     diagnostic testing services (as defined in section 1905(gg)) 
     under the State plan, for equality in the treatment of in 
     vitro specific IgE tests and percutaneous tests with respect 
     to--
       ``(A) any medical necessity or other coverage requirements 
     established for such in vitro specific IgE and percutaneous 
     tests;
       ``(B) any frequency limits established for such tests; and
       ``(C) any allergen unit limits established for such 
     tests.''; and
       (B) in section 1905--
       (i) in subsection (r)--

       (I) by redesignating paragraph (5) as paragraph (6); and
       (II) by inserting after paragraph (4) the following new 
     paragraph:

       ``(5) Allergy diagnostic testing services (as defined in 
     subsection (gg)).''; and
       (ii) by adding at the end the following new subsection:
       ``(gg) Allergy Diagnostic Testing Services Defined.--The 
     term `allergy diagnostic testing services' means in vitro 
     specific IgE tests and percutaneous tests that--
       ``(1) have been cleared under section 501(k), classified 
     under section 513(f)(2), or approved under section 515 of the 
     Federal Food, Drug, and Cosmetic Act; and
       ``(2) are provided to individuals for the purpose of 
     evaluating immunologic response to certain antigens.''.
       (2) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection shall apply with respect 
     to items and services provided on or after January 1, 2021.
       (B) Exception for state legislation.--In the case of a 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) that the Secretary of Health and Human 
     Services determines requires State legislation in order for 
     the respective plan to meet any requirement imposed by 
     amendments made by this subsection, the respective plan shall 
     not be regarded as failing to comply with the requirements of 
     such title solely on the basis of its failure to meet such an 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this subsection. For purposes of 
     the previous sentence, in the case of a State that has a 2-
     year legislative session, each year of the session shall be 
     considered to be a separate regular session of the State 
     legislature.
       (c) Medicare Coverage for Allergy Diagnostic Testing 
     Services.--
       (1) Coverage.--Section 1861 of the Social Security Act (42 
     U.S.C. 1395x) is amended--
       (A) in subsection (s)(2)--
       (i) in subparagraph (GG), by striking ``and'' at the end;
       (ii) in subparagraph (HH), by striking the period at the 
     end and inserting ``; and''; and
       (iii) by adding at the end the following new subparagraph:
       ``(II) allergy diagnostic testing services (as defined in 
     subsection (kkk));''; and
       (B) by adding at the end the following new subsection:
       ``(kkk) Allergy Diagnostic Testing Services.--
       ``(1) In general.--The term `allergy diagnostic testing 
     services' means in vitro specific IgE tests and percutaneous 
     tests--
       ``(A) that have been cleared under section 501(k), 
     classified under section 513(f)(2), or approved under section 
     515 of the Federal Food, Drug, and Cosmetic Act; and
       ``(B) which are furnished to individuals for the purpose of 
     evaluating immunologic response to certain antigens, as 
     determined appropriate by the practitioner ordering such 
     test.

[[Page S1917]]

       ``(2) Equal access to testing methods.--The Secretary shall 
     ensure equality in the treatment of in vitro specific IgE 
     tests and percutaneous tests described in paragraph (1) with 
     respect to--
       ``(A) any medical necessity or other coverage requirements 
     established for such in vitro specific IgE and percutaneous 
     tests;
       ``(B) any frequency limits established for such tests; and
       ``(C) any allergen unit limits established for a year for 
     such tests.''.
       (2) Payment.--Section 1834 of the Social Security Act (42 
     U.S.C. 1395m) is amended by adding at the end the following 
     new subsection:
       ``(x) Allergy Diagnostic Testing Services.--For purposes of 
     payment only, in the case of allergy diagnostic testing 
     services (as defined in section 1861(kkk))--
       ``(1) in vitro specific IgE tests shall be treated as 
     clinical diagnostic laboratory tests; and
       ``(2) percutaneous tests shall be treated as physicians' 
     services.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to items and services furnished on 
     or after January 1, 2021.

                          ____________________