		II
		110th CONGRESS
		1st Session
		S. 2161
		IN THE SENATE OF THE UNITED STATES

			October 15, 2007
			Mr. Isakson (for
			 himself, Mr. Johnson, and
			 Mr. Graham) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To ensure and foster continued patient safety and quality
		  of care by making the antitrust laws apply to negotiations between groups of
		  independent pharmacies and health plans and health insurance issuers (including
		  health plans under parts C and D of the Medicare Program) in the same manner as
		  such laws apply to protected activities under the National Labor Relations
		  Act.

		1.Short titleThis Act may be cited as the
			 Community Pharmacy Fairness Act of
			 2007.
		2.Application of
			 the antitrust laws to independent pharmacies negotiating with health
			 plans
			(a)In
			 generalAny independent
			 pharmacies who are engaged in negotiations with a health plan regarding the
			 terms of any contract under which the pharmacies provide health care items or
			 services for which benefits are provided under such plan shall, in connection
			 with such negotiations, be entitled to the same treatment under the antitrust
			 laws as the treatment to which bargaining units which are recognized under the
			 National Labor Relations Act (29 U.S.C. 151 et seq.) are entitled in connection
			 with activities described in section 7 of such Act (29 U.S.C. 157). Such a
			 pharmacy shall, only in connection with such negotiations, be treated as an
			 employee engaged in concerted activities and shall not be regarded as having
			 the status of an employer, independent contractor, managerial employee, or
			 supervisor.
			(b)Protection for
			 good faith actionsActions taken in good faith reliance on
			 subsection (a) shall not be the subject under the antitrust laws of criminal
			 sanctions nor of any civil damages, fees, or penalties beyond actual damages
			 incurred.
			(c)No change in
			 National Labor Relations ActThis section applies only to
			 independent pharmacies excluded from the National Labor Relations Act. Nothing
			 in this section shall be construed as changing or amending any provision of the
			 National Labor Relations Act, or as affecting the status of any group of
			 persons under that Act.
			(d)Effective
			 dateThe exemption provided in subsection (a) shall apply to
			 conduct occurring beginning on the date of the enactment of this Act.
			(e)Limitation on
			 exemptionNothing in this section shall exempt from the
			 application of the antitrust laws any agreement or otherwise unlawful
			 conspiracy that excludes, limits the participation or reimbursement of, or
			 otherwise limits the scope of services to be provided by any independent
			 pharmacy or group of independent pharmacies with respect to the performance of
			 services that are within their scope of practice as defined or permitted by
			 relevant law or regulation.
			(f)No effect on
			 title VI of Civil Rights Act of
			 1964Nothing in this section shall be construed to
			 affect the application of title VI of the Civil
			 Rights Act of 1964.
			(g)No application
			 to specified Federal programsNothing in this section shall apply
			 to negotiations between independent pharmacies and health plans pertaining to
			 benefits provided under any of the following:
				(1)The Medicaid
			 Program under title XIX of the Social Security
			 Act (42
			 U.S.C. 1396 et seq.).
				(2)The State
			 Children’s Health Insurance Program (SCHIP) under title XXI of the
			 Social Security Act (42 U.S.C. 1397aa
			 et seq.).
				(3)Chapter 55 of
			 title 10, United States Code (relating to medical and dental care for members
			 of the uniformed services).
				(4)Chapter 17 of
			 title 38, United States Code (relating to Veterans’ medical care).
				(5)Chapter 89 of
			 title 5, United States Code (relating to the Federal employees’ health benefits
			 program).
				(6)The
			 Indian Health Care Improvement Act
			 (25 U.S.C. 1601 et
			 seq.).
				(h)DefinitionsFor
			 purposes of this section:
				(1)Antitrust
			 lawsThe term antitrust laws—
					(A)has the meaning
			 given it in subsection (a) of the first section of the
			 Clayton Act (15 U.S.C. 12(a)), except that such
			 term includes section 5 of the Federal Trade
			 Commission Act (15 U.S.C. 45) to the extent such
			 section 5 applies to unfair methods of competition; and
					(B)includes any State
			 law similar to the laws referred to in subparagraph (A).
					(2)Health plan and
			 related terms
					(A)In
			 generalThe term health
			 plan—
						(i)means a group
			 health plan or a health insurance issuer that is offering health insurance
			 coverage;
						(ii)includes a
			 prescription drug plan offered under part D of title XVIII of the Social
			 Security Act and a Medicare Advantage plan offered under part C of such title;
			 and
						(iii)includes any
			 entity that contracts with such a plan or issuer for the administering of
			 services under the plan or coverage.
						(B)Health insurance
			 coverage; health insurance issuerThe terms health
			 insurance coverage and health insurance issuer have the
			 meanings given such terms under paragraphs (1) and (2), respectively, of
			 section 733(b) of the Employee Retirement
			 Income Security Act of 1974 (29 U.S.C. 1191b(b)).
					(C)Group health
			 planThe term group health plan has the meaning
			 given that term in section 733(a)(1) of the Employee Retirement Income Security Act of
			 1974 (29
			 U.S.C. 1191b(a)(1)).
					(3)Independent
			 pharmacyThe term independent pharmacy means a
			 pharmacy which is not owned (or operated) by a publicly traded company. For
			 purposes of the previous sentence, the term publicly traded
			 company means a company that is an issuer within the meaning of section
			 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).


		II
		110th CONGRESS
		1st Session
		S. 1112
		IN THE SENATE OF THE UNITED
		  STATES

			April 16, 2007
			Mrs. Feinstein (for
			 herself and Mrs. Boxer) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To allow for the renegotiation of the
		  payment schedule of contracts between the Secretary of the Interior and the
		  Redwood Valley County Water District, and for other purposes.

		1.Renegotiation of payment
			 scheduleSection 15 of Public
			 Law 100–516 (102 Stat. 2573) is amended as follows:
			(1)By amending paragraph (2) of subsection (a)
			 to read as follows:

					(2)If, as of January 1, 2006, the Secretary of
				the Interior and the Redwood Valley County Water District have not renegotiated
				the schedule of payment, the District may enter into such additional
				non-Federal obligations as are necessary to finance procurement of dedicated
				water rights and improvements necessary to store and convey those rights to
				provide for the District’s water needs. The Secretary shall reschedule the
				payments due under loans numbered 14–06–200–8423A and 14–06–200–8423A
				Amendatory and said payments shall commence when such additional obligations
				have been financially satisfied by the District. The date of the initial
				payment owed by the District to the United States shall be regarded as the
				start of the District’s repayment period and the time upon which any interest
				shall first be computed and assessed under section 5 of the Small Reclamation
				Projects Act of 1956 (43 U.S.C. 422a et
				seq.).
					.
			(2)By striking subsection (c).


 S2276 ENR: Good Accounting Obligation in Government Act
U.S. Senate

text/xml
EN
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One Hundred Fifteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and
			 eighteenS. 2276IN THE SENATE OF THE UNITED STATESAN ACTTo require agencies to submit reports on outstanding recommendations in the annual budget
 justification submitted to Congress.1.Short titleThis Act may be cited as the Good Accounting Obligation in Government Act or the GAO–IG Act.2.Reports on outstanding Government Accountability Office and Inspector General recommendations(a)DefinitionIn this section, the term agency means—(1)a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.);(2)an establishment, as defined in section 12(2) of the Inspector General Act of 1978 (5 U.S.C. App.); and(3)legislative branch agencies, including the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, and the United States Capitol Police.(b)Required reportsIn the annual budget justification submitted to Congress, as submitted with the budget of the President under section 1105 of title 31, United States Code, each agency shall include—(1)a report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as open or closed, unimplemented for a period of not less than 1 year preceding the date on which the annual budget justification is submitted;(2)a report listing each public recommendation for corrective action from the Office of Inspector General of the agency that—(A)was published not less than 1 year before the date on which the annual budget justification is submitted; and(B)for which no final action was taken as of the date on which the annual budget justification is submitted; and(3)a report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include—(A)with respect to a public recommendation that is designated by the Government Accountability Office as open or closed, unimplemented—(i)that the agency has decided not to implement, a detailed justification for the decision; or(ii)that the agency has decided to adopt, a timeline for full implementation, to the extent practicable, if the agency determines that the recommendation has clear budget implications;(B)with respect to a public recommendation for corrective action from the Office of Inspector General of the agency for which no final action or action not recommended has been taken, an explanation of the reasons why no final action or action not recommended was taken with respect to each audit report to which the public recommendation for corrective action pertains;(C)with respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for implementation;(D)an explanation for any discrepancy between—(i)the reports submitted under paragraphs (1) and (2);(ii)the semiannual reports submitted by the Office of Inspector General of the agency under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.); and(iii)reports submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as open or closed, unimplemented; and(E)for the first 12 months after a public recommendation is made, if the agency is determining whether to implement the public recommendation, a statement describing that the agency is doing so, which shall exempt the agency from the requirements under subparagraphs (B) and (C) with respect to that public recommendation.(c)Copies of submissionsEach agency shall provide a copy of the information submitted under subsection (b) to the Government Accountability Office and the Office of Inspector General of the agency.3.Timeline for agency statementsSection 720(b) of title 31, United States Code, is amended—(1)in paragraph (1), by striking 61st and inserting 181st; and(2)in paragraph (2), by striking 60 and inserting 180.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


110 HR 447 IH: To amend title 38, United States Code, to provide that World War II merchant mariners who were awarded the Mariners Medal shall be provided eligibility for Department of Veterans Affairs health care on the same basis as veterans who have been awarded the Purple Heart.
U.S. House of Representatives
2007-01-12
text/xml
EN
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I
110th CONGRESS 1st Session
H. R. 447
IN THE HOUSE OF REPRESENTATIVES

January 12, 2007
Mr. Fortenberry introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To amend title 38, United States Code, to provide that World War II merchant mariners who were awarded the Mariners Medal shall be provided eligibility for Department of Veterans Affairs health care on the same basis as veterans who have been awarded the Purple Heart.

1.World War II merchant mariners awarded the Mariners Medal to be provided priority for Department of Veterans Affairs health care on same basis as veterans awarded the Purple Heart
(a)Health care prioritySections 1705(a)(3) and 1710(a)(2)(D) of title 38, United States Code, are amended by inserting or the Mariners Medal after the Purple Heart.
(b)Mariners Medal definedSection 1701 of such title is amended by adding at the end the following new paragraph:

(11)The term Mariners Medal means the medal authorized to be awarded pursuant to section 3 of the Act of May 10, 1943, entitled An Act to provide for the issuance of devices in recognition of the services of merchant sailors (Public Law 52 of the 78th Congress), to any person, who while serving on any vessel in the American merchant marine during the World War II period, was wounded, suffered physical injury, or suffered through dangerous exposure as a result of an act of an enemy of the United States..


110 HR 6880 IH: To amend the Internal Revenue Code of 1986 to allow an

U.S. House of Representatives
2008-09-11
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EN
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		I
		110th CONGRESS
		2d Session
		H. R. 6880
		IN THE HOUSE OF REPRESENTATIVES

			September 11, 2008
			Mr. Cazayoux
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow an
		  individual a credit against income tax for uncompensated losses from damage to
		  such individual’s principal residence by reason of Hurricane Gustav to the
		  extent such losses are uncompensated by reason of the deductible on the
		  individual’s homeowner’s insurance.

		1.Credit for certain
			 uncompensated losses on principal residences damaged by hurricane
			 gustav
			(a)In
			 generalSubpart A of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 nonrefundable personal credits) is amended by inserting after section 25D the
			 following new section:

					25E.Certain
				uncompensated losses on principal residences damaged by Hurricane
				Gustav
						(a)In
				generalIn the case of an
				individual, there shall be allowed as a credit against the tax imposed by this
				chapter an amount equal to the qualified disaster loss sustained by the
				taxpayer during the taxable year.
						(b)Credit limited
				to deductible on homeowner’s insuranceThe credit allowed by this section with
				respect to any qualified disaster loss shall not exceed the excess (if any)
				of—
							(1)the amount of such
				loss for which the taxpayer was not compensated under the taxpayer’s
				homeowner’s insurance policy solely by reason of the deductible under such
				policy, over
							(2)the amount
				described in paragraph (1) which is compensated for by the Federal Emergency
				Management Agency.
							(c)Qualified
				disaster lossFor purposes of this section, the term
				qualified disaster loss means any personal casualty loss (as
				defined in section 165(h)(3)) which is attributable to the compulsory or
				involuntary conversion of the taxpayer’s principal residence or any of its
				contents as a result Hurricane Gustav in
				2008.
						.
			(b)Clerical
			 amendmentThe table of sections for such subpart A is amended by
			 inserting after the item relating to section 25D the following new item:

					Sec. 25E. Certain uncompensated
				losses on principal residences damaged by Hurricane
				Gustav..

			(c)Effective
			 dateThe amendments made by this section shall apply to losses
			 sustained during 2008.


115 HRES 836 IH: Expressing support for designation of April 24, 2018, as “National Business Traveler Day”.
U.S. House of Representatives
2018-04-23
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IV115th CONGRESS2d SessionH. RES. 836IN THE HOUSE OF REPRESENTATIVESApril 23, 2018Mr. Himes (for himself, Ms. Norton, and Mr. Tipton) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONExpressing support for designation of April 24, 2018, as National Business Traveler Day.

 Whereas business travelers represent a vital component to the economic health of the United States economy today and in the future;
 Whereas business travel comprises an estimated $424 billion annual share of the United States gross domestic product;
 Whereas two million business trips are taken each day in the United States; Whereas close to half of all business travelers are women and 73 percent are under the age of 55;
 Whereas business travelers are significantly affected by travel problems such as changing weather, equipment malfunction, and routine delays and cancellations;
 Whereas business travelers are often more sensitive to efficiency, timetables, and consistency of service than leisure travelers;
 Whereas an estimated 70 percent of business travelers work for companies that have no policies on supplier usage, resulting in such business travelers making their own travel purchases for air, hotel, and ground transportation, and often needing to fend for themselves when problems occur during travel; and
 Whereas this segment of business travel is experiencing an annual growth rate of 6 percent: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of National Business Traveler Day; and
 (2)encourages the people of the United States to observe National Business Traveler Day with appropriate programs, ceremonies, and activities.


115 SRES 724 IS: Amending rule XXXI of the Standing Rules of the Senate to limit the time during which a nomination shall be confirmed or rejected, and for other purposes.
U.S. Senate
2018-12-13
text/xml
EN
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III115th CONGRESS2d SessionS. RES. 724IN THE SENATE OF THE UNITED STATESDecember 13, 2018Mr. Merkley submitted the following resolution; which was referred to the Committee on Rules and AdministrationRESOLUTIONAmending rule XXXI of the Standing Rules of the Senate to limit the time during which a nomination
			 shall be confirmed or rejected, and for other purposes.

 1.Proceedings on nominationsRule XXXI of the Standing Rules of the Senate is amended by— (1)in paragraph (1), by inserting A covered nominee shall submit the basic requirements to the appropriate committee within 30 legislative days of the covered nomination being transmitted to the Senate. The appropriate committee shall vote on the covered nomination within 30 legislative days of receipt of the basic requirements. By agreement of the chairman and ranking minority member, the committee may extend or suspend the deadline on the committee to vote. If the committee does not hold a vote, the nominee is deemed reported to the full Senate. For a covered nomination for a position described in section 5312 of title 5, United States Code, the Senate shall vote on the covered nomination within 40 legislative days of the committee reporting the covered nomination. For a covered nomination other than for a position described in section 5312 of title 5, United States Code, if not fewer than 10 Senators, within 30 legislative days of the committee reporting on the covered nomination, have submitted written requests for the record that the covered nomination be considered by the full Senate in executive session within 40 days of the committee reporting the covered nomination, the Senate shall vote on the covered nomination. If the covered nomination is not confirmed or rejected within 40 days of the committee reporting the covered nomination, the nomination shall be deemed to be confirmed. Debate on any covered nomination other than for a position described in section 5312 of title 5, United States Code, debate shall be limited to not more than 2 hours. after consent.; and
 (2)by adding at the end the following:  8. (a)In paragraph (1)—
 (1)the term basic requirements means— (A)an agreement with the Office of Government Ethics;
 (B)a financial disclosure form; (C)a background check conducted by the Federal Bureau of Investigation;
 (D)responses to a questionnaire of each relevant committee; (E)tax forms, if required by a relevant committee; and
 (F)any other requirements of a relevant committee; and (2)the term covered nomination means a nomination of an individual to a position in an executive agency, as defined in section 105 of title 5, United States Code.
						.


114 S2406 IS: To require the Administrator of the Federal Aviation Administration to review certain decisions to grant categorical exclusions for Next Generation flight procedures and to consult with the airports at which such procedures will be implemented.
U.S. Senate
2015-12-16
text/xml
EN
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II114th CONGRESS1st SessionS. 2406IN THE SENATE OF THE UNITED STATESDecember 16, 2015Mr. McCain (for himself and Mr. Flake) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require the Administrator of the Federal Aviation Administration to review certain decisions to
			 grant categorical exclusions for Next Generation flight procedures and to
			 consult with the airports at which such procedures will be implemented.

 1.Review and notifications of categorical exclusions granted for Next Generation flight proceduresSection 213(c) of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note) is amended by adding at the end the following:

 (3)Notifications and consultationsNot less than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall—
 (A)notify and consult with the operator of the airport at which the procedure would be implemented; and
 (B)consider consultations or other engagement with the community in the which the airport is located to inform the public of the procedure.
					(4)Review of certain categorical exclusions
 (A)In generalThe Administrator shall review a decision of the Administrator made on or after February 14, 2012, and before the date of the enactment of this paragraph to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located if the operator of that airport requests such a review and demonstrates that there is good cause to believe that the implementation of the procedure had such an effect.
 (B)Content of reviewIf, in conducting a review under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall—
 (i)consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and
 (ii)in conducting such consultations, consider the use of alternative flight paths. (C)Human environment definedIn this paragraph, the term human environment has the meaning given that term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph)..


113 HR 3665 IH: Medical Foods Equity Act of 2013
U.S. House of Representatives
2013-12-05
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I113th CONGRESS1st SessionH. R. 3665IN THE HOUSE OF REPRESENTATIVESDecember 5, 2013Mr. Delaney (for himself, Mr. Goodlatte, Mr. Polis, Mr. Johnson of Georgia, and Ms. Moore) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Armed Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for the coverage of medically necessary food under Federal health programs, and for other purposes.1.Short titleThis Act may be cited as the Medical Foods Equity Act of 2013.2.FindingsCongress finds the following:(1)Newborns are screened for inborn errors of metabolism, but treatment for such conditions is not uniformly covered by insurance.(2)Each year approximately 2,550 children in the United States are diagnosed with an inborn error of metabolism disorder, requiring foods modified to be void of the nutrient or nutrients the child’s body is incapable of processing, or requiring supplementation with vitamins or amino acids.(3)More than 35 States have passed laws to at least partially address the inequity in coverage for medically necessary foods, critical treatment for such disorders.(4)The cost associated with providing medically necessary foods presents a large financial burden for many families.(5)There is no current cure for inborn errors of metabolism disorders and treatment is necessary during the entire lifespan of the individual.3.Coverage in certain Federal health programs of medically necessary food and food modified to be low protein(a)Coverage under the Medicare program(1)Coverage of medically necessary food under the original medicare fee-for-service program(A)In generalSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—(i)in subparagraph (EE), by striking and at the end;(ii)in subparagraph (FF), by inserting and at the end; and(iii)by adding at the end the following new subparagraph:(GG)medically necessary food (as defined in subsection (iii)) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food;.(B)DefinitionSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:(iii)(1)The term medically necessary food—(A)means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and(B)includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally.(2)For purposes of paragraph (1), the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube..(C)PaymentSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—(i)by striking and before (Z); and(ii)by inserting before the semicolon at the end the following: , and (AA) with respect to medically necessary food and pharmacological doses of vitamins and amino acids under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 85 percent of the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician.(2)Inclusion of pharmacological doses of vitamins and amino acids as a covered part D drug(A)In generalSection 1860D–2(e)(1) of the Social Security Act (42 U.S.C. 1395w–102(e)(1)) is amended—(i)in subparagraph (A), by striking or at the end;(ii)in subparagraph (B), by striking the comma at the end and inserting ; or; and(iii)by inserting after subparagraph (B) the following new subparagraph:(C)pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider,.(B)Effective dateThe amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 6 months after date of enactment of this Act.(b)Coverage under the Medicaid program(1)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(A)in subsection (a)—(i)in paragraph (12), by inserting including pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, after prescribed drugs,;(ii)in paragraph (28), by striking and at the end;(iii)by redesignating paragraph (29) as paragraph (30); and(iv)by inserting after paragraph (28) the following new paragraph:(29)medically necessary food (as defined in subsection (ee)) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food; and; and(B)by adding at the end the following new subsection:(ee)Medically necessary food defined(1)In generalFor purposes of subsection (a)(29), the term medically necessary food—(A)means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and(B)includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally.(2)EnterallyFor purposes of paragraph (1), the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube..(2)Exception to rebate exclusionSection 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r–8(d)(2)(E)) is amended by inserting , pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, after prenatal vitamins.(3)Conforming amendmentSection 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking and (28) and inserting (28), and (29).(4)Exception to effective date if State legislation requiredIn the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this 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 Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.(c)Coverage under CHIP(1)In general(A)Medically necessary foodSection 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following:(9)Medically necessary food(A)In generalThe child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food.(B)DefinitionsIn this paragraph—(i)the term medically necessary food—(I)means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and(II)includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally; and(ii)the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube..(B)Vitamins and amino acidsSection 2110(a)(6) of the Social Security Act (42 U.S.C. 1397jj(a)(6)) is amended by striking and biologicals and the administration of such drugs and biologicals, only if such drugs and biologicals and inserting , pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, and biologicals, and the administration of such drugs, vitamins and amino acids, and biologicals, only if such drugs, vitamins and amino acids, and biologicals.(2)Conforming amendmentSection 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking , and (7) and inserting , (7), and (9).(3)Exception to effective date if State legislation requiredIn the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this 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 Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.(d)Availability of medically necessary food, food modified To be low protein, and related items under the TRICARE programSection 1077 of title 10, United States Code, is amended—(1)in subsection (a)(8), by striking including and all that follows and inserting “including the following:(A)Well-baby care that includes one screening of an infant for the level of lead in the blood of the infant.(B)In accordance with subsection (g), medically necessary food (as defined in section 1861(iii) of the Social Security Act) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food.(C)In accordance with subsection (g), pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism and other conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider.; and(2)by adding at the end the following new subsection:(g)Treatments described in subparagraphs (B) and (C) of subsection (a)(8) may be provided under this section to a patient regardless of the age of the patient..(e)Coverage under FEHBP(1)In generalSection 8904 of title 5, United States Code, is amended by adding at the end the following new subsection:(c)(1)Any health benefits plan offered under this chapter shall, in accordance with paragraph (2), include benefits for—(A)medically necessary food (as defined in section 1861(iii) of the Social Security Act) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food; and(B)pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider.(2)Benefits for treatments described in subparagraphs (A) and (B) of paragraph (1) shall be provided under such a health benefits plan to an individual regardless of the age of the individual..(2)Effective dateThe amendment made by paragraph (1) shall apply to contract years beginning after the date that is 9 months after the date of enactment of this Act.4.Effective dateSubject to subsections (b)(4) and (c)(3) of section (3), the amendments made by section 3 (other than subsection (e) of such section) shall apply to plan years and contract years beginning after the date that is 6 months after the date of enactment of this Act.