Congressional Record — Senate, S1876 (March 20, 2020)
Summary
A page of the Congressional Record, Senate, dated March 20, 2020, at page S1876, carrying the end of a resolution that designates April 2020 as Second Chance Month and honors communities that remove legal and societal barriers for individuals with criminal records. It also prints the text of a bill amending the Medicaid State plan requirements to provide equality in the treatment of in vitro specific IgE tests and percutaneous tests for allergy diagnostic testing services. The page ends with a list of colonels named in a military nomination.
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“Congressional Record — Senate, S1876 (March 20, 2020).”
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S1876 CONGRESSIONAL RECORD — SENATE March 20, 2020
Resolved, That the Senate— (iii) by inserting after paragraph (86) the sponse to certain antigens, as determined ap-
(1) designates April 2020 as ‘‘Second Chance following new paragraph: propriate by the practitioner ordering such
Month’’; ‘‘(87) provide, with respect to the provision test.
(2) honors the work of communities, gov- of allergy diagnostic testing services (as de- ‘‘(2) EQUAL ACCESS TO TESTING METHODS.—
ernmental institutions, nonprofit organiza- fined in section 1905(gg)) under the State The Secretary shall ensure equality in the
tions, congregations, employers, and individ- plan, for equality in the treatment of in treatment of in vitro specific IgE tests and
uals to remove unnecessary legal and soci- vitro specific IgE tests and percutaneous percutaneous tests described in paragraph (1)
etal barriers that prevent individuals with tests with respect to— with respect to—
criminal records from becoming productive ‘‘(A) any medical necessity or other cov- ‘‘(A) any medical necessity or other cov-
members of society; and erage requirements established for such in erage requirements established for such in
(3) calls upon the people of the United vitro specific IgE and percutaneous tests; vitro specific IgE and percutaneous tests;
States to observe Second Chance Month ‘‘(B) any frequency limits established for ‘‘(B) any frequency limits established for
through actions and programs that— such tests; and such tests; and
(A) promote awareness of those unneces- ‘‘(C) any allergen unit limits established ‘‘(C) any allergen unit limits established
sary legal and social barriers; and for such tests.’’; and for a year for such tests.’’.
(B) provide closure for individuals with a (B) in section 1905— (2) PAYMENT.—Section 1834 of the Social
criminal record who have paid their debt. (i) in subsection (r)— Security Act (42 U.S.C. 1395m) is amended by
(I) by redesignating paragraph (5) as para- adding at the end the following new sub-
f
graph (6); and section:
AMENDMENTS SUBMITTED AND (II) by inserting after paragraph (4) the fol- ‘‘(x) ALLERGY DIAGNOSTIC TESTING SERV-
PROPOSED lowing new paragraph: ICES.—For purposes of payment only, in the
‘‘(5) Allergy diagnostic testing services (as case of allergy diagnostic testing services (as
SA 1561. Mr. MORAN submitted an amend- defined in subsection (gg)).’’; and
ment intended to be proposed by him to the defined in section 1861(kkk))—
(ii) by adding at the end the following new ‘‘(1) in vitro specific IgE tests shall be
bill S. 3548, to provide emergency assistance subsection:
and health care response for individuals, treated as clinical diagnostic laboratory
‘‘(gg) ALLERGY DIAGNOSTIC TESTING SERV- tests; and
families, and businesses affected by the 2020 ICES DEFINED.—The term ‘allergy diagnostic
coronavirus pandemic; which was referred to ‘‘(2) percutaneous tests shall be treated as
testing services’ means in vitro specific IgE
the Committee on Finance. physicians’ services.’’.
tests and percutaneous tests that—
(3) EFFECTIVE DATE.—The amendments
f ‘‘(1) have been cleared under section 501(k),
made by this subsection shall apply with re-
classified under section 513(f)(2), or approved
TEXT OF AMENDMENTS spect to items and services furnished on or
under section 515 of the Federal Food, Drug,
after January 1, 2021.
SA 1561. Mr. MORAN submitted an and Cosmetic Act; and
amendment intended to be proposed by ‘‘(2) are provided to individuals for the pur- f
him to the bill S. 3548, to provide emer- pose of evaluating immunologic response to AUTHORITY FOR COMMITTEES TO
gency assistance and health care re- certain antigens.’’.
(2) EFFECTIVE DATE.—
MEET
sponse for individuals, families, and
(A) IN GENERAL.—Subject to subparagraph Mr. MCCONNELL. Mr. President, I
businesses affected by the 2020 (B), the amendments made by this sub- have a request for one committee to
coronavirus pandemic; which was re- section shall apply with respect to items and meet during today’s session of the Sen-
ferred to the Committee on Finance; as services provided on or after January 1, 2021. ate. It has the approval of the Majority
follows: (B) EXCEPTION FOR STATE LEGISLATION.—In
the case of a State plan under title XIX of
and Minority leaders.
At the appropriate place, insert the fol-
lowing: the Social Security Act (42 U.S.C. 1396 et Pursuant to rule XXVI, paragraph
SEC. ll. COVERAGE FOR ALLERGY DIAGNOSTIC seq.) that the Secretary of Health and 5(a), of the Standing Rules of the Sen-
TESTING SERVICES UNDER MEDI- Human Services determines requires State ate, the following committee is author-
CARE AND MEDICAID. legislation in order for the respective plan to ized to meet during today’s session of
(a) FINDINGS.—Congress finds the fol- meet any requirement imposed by amend- the Senate:
lowing: ments made by this subsection, the respec- COMMITTEE ON ARMED SERVICES
(1) Allergies, when not properly diagnosed, tive plan shall not be regarded as failing to
cannot be effectively treated. comply with the requirements of such title The Committee on Armed Services is
(2) Allergies to food, inhaled particles, or solely on the basis of its failure to meet such authorized to meet during the session
other sources can cause debilitating and, in an additional requirement before the first of the Senate on Friday, March 20, 2020,
some cases, fatal reactions. day of the first calendar quarter beginning at 3:30 p.m., to conduct a hearing on
(3) Allergies can substantially compound after the close of the first regular session of military nominations.
other illnesses, including asthma, emphy- the State legislature that begins after the
sema, and adult obstructive pulmonary dis- f
date of the enactment of this subsection. For
eases, leading to social and economic costs purposes of the previous sentence, in the MIDDLE CLASS HEALTH BENEFITS
for families and our Nation’s health care sys- case of a State that has a 2-year legislative TAX REPEAL ACT OF 2019—MO-
tem. session, each year of the session shall be con-
(4) According to clinical guidelines from
TION TO PROCEED
sidered to be a separate regular session of
the National Institutes of Health and rec- the State legislature. Mr. MCCONNELL. Mr. President, I
ommendations from peer-reviewed lit- (c) MEDICARE COVERAGE FOR ALLERGY DIAG- move to proceed to Calendar No. 157,
erature, in vitro specific IgE tests and NOSTIC TESTING SERVICES.— H.R. 748.
percutaneous tests are considered equivalent (1) COVERAGE.—Section 1861 of the Social The PRESIDING OFFICER. The
as confirmatory tests in terms of their sensi- Security Act (42 U.S.C. 1395x) is amended—
tivity and accuracy.
clerk will report the bill by title.
(A) in subsection (s)(2)—
(5) Despite these recommendations, some (i) in subparagraph (GG), by striking ‘‘and’’ The senior assistant legislative clerk
current Medicare local coverage determina- at the end; read as follows:
tions and Medicaid coverage policies deny (ii) in subparagraph (HH), by striking the A bill (H.R. 748) to amend the Internal Rev-
equal access to in vitro specific IgE tests and period at the end and inserting ‘‘; and’’; and enue Code of 1986 to repeal the excise tax on
percutaneous tests. (iii) by adding at the end the following new high cost employer-sponsored health cov-
(6) In vitro specific IgE tests and subparagraph: erage.
percutaneous tests must be equally acces- ‘‘(II) allergy diagnostic testing services (as CLOTURE MOTION
sible for clinicians and patients to improve defined in subsection (kkk));’’; and
health outcomes, reduce system costs, and
Mr. MCCONNELL. Mr. President, I
(B) by adding at the end the following new
reduce current health care disparities caused subsection: send a cloture motion to the desk.
by the lack of equal coverage. ‘‘(kkk) ALLERGY DIAGNOSTIC TESTING The PRESIDING OFFICER. The clo-
(b) MEDICAID COVERAGE FOR ALLERGY DIAG- SERVICES.— ture motion having been presented
SSpencer on DSKBBXCHB2PROD with SENATE
NOSTIC TESTING SERVICES.— ‘‘(1) IN GENERAL.—The term ‘allergy diag- under rule XXII, the Chair directs the
(1) IN GENERAL.—Title XIX of the Social nostic testing services’ means in vitro spe- clerk to read the motion.
Security Act (42 U.S.C. 1396 et seq.) is cific IgE tests and percutaneous tests— The senior assistant legislative clerk
amended— ‘‘(A) that have been cleared under section
read as follows:
(A) in section 1902(a)— 501(k), classified under section 513(f)(2), or
(i) in paragraph (85), by striking ‘‘and’’ at approved under section 515 of the Federal CLOTURE MOTION
the end; Food, Drug, and Cosmetic Act; and We, the undersigned Senators, in accord-
(ii) in paragraph (86), by striking the pe- ‘‘(B) which are furnished to individuals for ance with the provisions of rule XXII of the
riod at the end and inserting ‘‘; and’’; and the purpose of evaluating immunologic re- Standing Rules of the Senate, do hereby
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March 20, 2020 CONGRESSIONAL RECORD — SENATE S1877
move to bring to a close debate on the mo- COL. KENYON K. BELL COL. JOHN W. WEIDNER
COL. WILLIAM D. BETTS COL. TIMOTHY P. WHITE
tion to proceed to Calendar No. 157, H.R. 748, COL. SHAWN W. CAMPBELL COL. DAVID B. WOMACK
a bill to amend the Internal Revenue Code of COL. HOUSTON R. CANTWELL COL. RICHARD L. ZELLMANN
1986 to repeal the excise tax on high cost em- COL. ERIC A. CARNEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
COL. SEAN M. CHOQUETTE IN THE UNITED STATES ARMY TO THE GRADE INDICATED
ployer-sponsored health coverage. COL. MICHAEL E. CONLEY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
Mitch McConnell, David Perdue, Mike COL. ERIC P. DELANGE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
Rounds, Mitt Romney, James E. Risch, COL. DANIEL A. DEVOE
COL. GERALD A. DONOHUE To be lieutenant general
Lamar Alexander, Steve Daines, Kevin COL. RUSSELL D. DRIGGERS
Cramer, Rick Scott, Martha McSally, COL. MICHAEL R. DROWLEY MAJ. GEN. ROBERT L. MARION
Deb Fischer, Marco Rubio, John Booz- COL. JOHN R. EDWARDS IN THE AIR FORCE
COL. TODD A. FOGLE
man, James Lankford, Rob Portman, COL. JENNIFER HAMMERSTEDT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
Tom Cotton. COL. MATTHEW W. HIGER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-
COL. JASON T. HINDS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE
Mr. MCCONNELL. I ask unanimous COL. STACY J. HUSER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
601:
consent that the mandatory quorum COL. WILLIAM H. KALE
COL. JOSEPH D. KUNKEL
call for the cloture motion be waived. COL. LESLIE A. MAHER
To be lieutenant general
The PRESIDING OFFICER. Without COL. MICHAEL H. MANION MAJ. GEN. DAVID A. KRUMM
COL. PAUL D. MOGA
objection, it is so ordered. COL. JOSHUA M. OLSON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-
Mr. MCCONNELL. Mr. President, I COL. DEREK J. O’MALLEY
CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE
COL. BRANDON D. PARKER
just filed cloture on the motion to pro- COL. STEPHEN G. PURDY, JR.
AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
601:
ceed to a shell that will serve as the ve- COL. MARK B. PYE
COL. NEIL R. RICHARDSON To be lieutenant general
hicle for the CARES Act. Member-level COL. PATRICK S. RYDER
LT. GEN. TIMOTHY G. FAY
discussion is going on as we speak. The COL. CHRISTOPHER S. SAGE
COL. JENNIFER M. SHORT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
goal is to reach agreements on each of COL. DALE R. WHITE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI-
the four components of the legislation COL. PARKER H. WRIGHT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE
AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION
by the end of the day. Senators are IN THE MARINE CORPS 601:
here; we are working; and we are going THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant general
IN THE UNITED STATES MARINE CORPS TO THE GRADE
to deliver. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: LT. GEN. JON T. THOMAS
f To be major general IN THE NAVY
ORDERS FOR SATURDAY, MARCH BRIG. GEN. SCOTT F. BENEDICT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
BRIG. GEN. JASON Q. BOHM IN THE UNITED STATES NAVY TO THE GRADE INDICATED
21, 2020 BRIG. GEN. FRANCIS L. DONOVAN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
BRIG. GEN. BRADFORD J. GERING RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
Mr. MCCONNELL. Mr. President, I BRIG. GEN. JAMES F. GLYNN
ask unanimous consent that when the BRIG. GEN. DAVID W. MAXWELL To be admiral
BRIG. GEN. WILLIAM H. SEELY III
Senate completes its business today, it BRIG. GEN. ROGER B. TURNER, JR.
ADM. ROBERT P. BURKE
adjourn until 12 noon, Saturday, March THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE ARMY IN THE UNITED STATES NAVY TO THE GRADE INDICATED
21; further, that following the prayer UNDER TITLE 10, U.S.C., SECTION 624:
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
and pledge, the morning hour be IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be rear admiral
deemed expired, the Journal of pro- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
REAR ADM. (LH) ANNE M. SWAP
RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
ceedings be approved to date, the time THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
for the two leaders be reserved for their To be general IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
use later in the day, and morning busi- LT. GEN. EDWARD M. DALY
ness be closed; finally, that following IN THE NAVY To be rear admiral
leader remarks, the Senate resume REAR ADM. (LH) MICHAEL W. STUDEMAN
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
consideration of the motion to proceed WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED
to H.R. 748. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: UNDER TITLE 10, U.S.C., SECTION 624:
The PRESIDING OFFICER. Without To be vice admiral To be rear admiral
objection, it is so ordered. REAR ADM. RANDY B. CRITES REAR ADM. (LH) STUART P. BAKER
f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
REAR ADM. (LH) MICHAEL D. BERNACCHI, JR.
REAR ADM. (LH) FRANK M. BRADLEY
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
REAR ADM. (LH) DANIEL L. CHEEVER
ADJOURNMENT UNTIL TOMORROW WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
REAR ADM. (LH) YVETTE M. DAVIDS
RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
REAR ADM. (LH) DANIEL W. DWYER
Mr. MCCONNELL. Mr. President, if To be vice admiral REAR ADM. (LH) PETER A. GARVIN
there is no further business to come be- REAR ADM. (LH) ALVIN HOLSEY
REAR ADM. SAMUEL J. PAPARO, JR. REAR ADM. (LH) WILLIAM J. HOUSTON
fore the Senate, I ask unanimous con- REAR ADM. (LH) FREDERICK W. KACHER
IN THE ARMY
sent that it stand adjourned under the REAR ADM. (LH) DOUGLAS G. PERRY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REAR ADM. (LH) FRED I. PYLE
previous order. IN THE UNITED STATES ARMY TO THE GRADE INDICATED REAR ADM. (LH) CHARLES W. ROCK
There being no objection, the Senate, UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
at 4:30 p.m., adjourned until Saturday, To be brigadier general IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
March 21, 2020, at 12 noon. COL. STEVEN L. ALLEN
To be rear admiral (lower half)
f COL. ROBERT L. BARRIE, JR.
COL. GUILLAUME N. BEAURPERE CAPT. DION D. ENGLISH
DISCHARGED NOMINATION COL. CHRISTOPHER G. BECK CAPT. MATTHEW N. OTT III
COL. TREVOR J. BREDENKAMP
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
The Senate Committee on Foreign COL. WINSTON P. BROOKS
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
COL. JACQUELINE D. BROWN
Relations was discharged from further UNDER TITLE 10, U.S.C., SECTION 624:
COL. LARRY Q. BURRIS, JR.
consideration of the following nomina- COL. PAUL G. CRAFT To be rear admiral (lower half)
COL. LANCE G. CURTIS
tion unanimous consent and the nomi- COL. GLENN A. DEAN III CAPT. THOMAS M. HENDERSCHEDT
nation was confirmed: COL. MATTHEW L. EICHBURG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
COL. DAVID C. FOLEY IN THE UNITED STATES NAVY TO THE GRADE INDICATED
ALMA L. GOLDEN, OF TEXAS, TO BE AN ASSISTANT AD- COL. PATRICK L. GAYDON UNDER TITLE 10, U.S.C., SECTION 624:
MINISTRATOR OF THE UNITED STATES AGENCY FOR COL. CLAIR A. GILL
INTERNATIONAL DEVELOPMENT. COL. MARK A. HOLLER To be rear admiral (lower half)
COL. DARYL O. HOOD
f COL. MARK J. HOVATTER
CAPT. KEVIN P. BYRNE
CAPT. JASON M. LLOYD
COL. JAMES P. ISENHOWER III CAPT. HOWARD B. MARKLE
CONFIRMATIONS COL. RYAN M. JANOVIC CAPT. ELIZABETH S. OKANA
SSpencer on DSKBBXCHB2PROD with SENATE
COL. MICHAEL B. LALOR CAPT. KURT J. ROTHENHAUS
Executive nominations confirmed by COL. STEVEN M. MARKS
the Senate March 20, 2020: COL. GENE D. MEREDITH IN THE ARMY
COL. THOMAS W. O’CONNOR, JR.
IN THE AIR FORCE COL. ISAAC J. PELTIER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
COL. KEITH C. PHILLIPS IN THE RESERVE OF THE ARMY IN THE GRADE INDI-
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. RONALD R. RAGIN CATED UNDER TITLE 10, U.S.C., SECTIONS 12203:
IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COL. HOPE C. RAMPY
CATED UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general
COL. WILLIAM A. RYAN III
To be brigadier general COL. DAVID F. STEWART COL. CHRISTOPHER Z. BARRA
COL. DAVID C. TRYBULA COL. JOHN C. HAFLEY
COL. JASON E. BAILEY COL. COLIN P. TULEY COL. JEFFREY B. MCCARTER
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