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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medical Nutrition Equity Act of
2017''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Specialized food is often medically necessary for the
safe and effective management of many digestive and inherited
metabolic disorders that impact digestion, absorption, and
metabolism of nutrients.
(2) Although medically necessary food is essential for
patients, it is often expensive and not uniformly reimbursed by
health insurance, leaving many families with an insurmountable
financial burden.
(3) As a result, many patients who cannot afford medically
necessary food may experience adverse health consequences from
suboptimal disease management, including hospitalization,
intellectual impairment, behavioral dysfunction, inadequate
growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE
AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH
PROGRAMS AND PRIVATE HEALTH INSURANCE.

(a) Coverage Under the Medicare Program.--
(1) Medically necessary food.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (FF), by striking
''and'' at the end;
(ii) in subparagraph (GG), by inserting
''and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
''(HH) medically necessary food (as defined in subsection
(jjj)) and the medical equipment and supplies necessary to
administer such food (other than medical equipment and supplies
described in subsection (n));''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:

''Medically Necessary Food

''(jjj)(1) Subject to paragraph (2), the term 'medically necessary
food' means food, including a low protein modified food product and an
amino acid preparation product, that is--
''(A) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation, for the dietary management of a covered
disease or condition;
''(B) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its natural
state) for the partial or exclusive feeding of an individual by
means of oral intake or enteral feeding by tube;
''(C) intended for the dietary management of an individual
who, because of therapeutic or chronic medical needs, has
limited or impaired capacity to ingest, digest, absorb, or
metabolize ordinary foodstuffs or certain nutrients, or who has
other special medically determined nutrient requirements, the
dietary management of which cannot be achieved by the
modification of the normal diet alone;
''(D) intended to be used under medical supervision, which
may include in a home setting; and
''(E) intended only for an individual receiving active and
ongoing medical supervision wherein the individual requires
medical care on a recurring basis for, among other things,
instructions on the use of the food.
''(2) For purposes of paragraph (1), the term 'medically necessary
food' does not include the following:
''(A) Foods taken as part of an overall diet designed to
reduce the risk of a disease or medical condition or as weight
loss products, even if they are recommended by a physician or
other health professional.
''(B) Foods marketed as gluten-free for the management of
celiac disease or non-celiac gluten sensitivity.
''(C) Foods marketed for the management of diabetes.
''(D) Other products determined appropriate by the
Secretary.
''(3) In this subsection, the term 'covered disease or condition'
means the following diseases or conditions:
''(A) Inherited metabolic disorders, including the
following:
''(i) Disorders classified as metabolic disorders
on the Recommended Uniform Screening Panel Core
Conditions list of the Secretary of Health and Human
Services' Advisory Committee on Heritable Disorders in
Newborns and Children.
''(ii) N-acetyl glutamate synthase deficiency.
''(iii) Ornithine transcarbamlyase deficiency.
''(iv) Carbamoyl phosphate synthestase deficiency.
''(v) Inherited disorders of mitochondrial
functioning.
''(B) Medical and surgical conditions of malabsorption,
including the following:
''(i) Impaired absorption of nutrients caused by
disorders affecting the absorptive surface, functional
length, and motility of the gastrointestinal tract,
including short bowel syndrome and chronic intestinal
pseudo-obstruction.
''(ii) Malabsorption due to liver or pancreatic
disease.
''(C) Immunoglobulin E and non-Immunoglobulin E-mediated
allergies to food proteins, including the following:
''(i) Immunoglobulin E and non-Immunoglobulin E-
mediated allergies to food proteins.
''(ii) Food protein-induced enterocolitis syndrome.
''(iii) Eosinophilic disorders, including
eosinophilic esophagitis, eosinophilic gastroenteritis,
eosinophilic colitis, and post-transplant eosinophilic
disorders.
''(D) Inflammatory or immune mediated conditions of the
alimentary tract, including the following:
''(i) Inflammatory bowel disease, including Crohn's
disease, ulcerative colitis, and indeterminate colitis.
''(ii) Gastroesophageal reflux disease that is
nonresponsive to standard medical therapies.
''(E) Any other disease or condition determined appropriate
by the Secretary.
''(4) In this subsection, the term ' low protein modified food
product' means a product formulated to have less than one gram of
protein per serving.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ''and'' before ''(BB)'';
and
(ii) by inserting before the semicolon at
the end the following: '', and (CC) with
respect to medically necessary food (as defined
in section 1861(jjj)), the amount paid shall be
an amount equal to 80 percent of the lesser of
the actual charge for the services or the
amount determined under a fee schedule
established by the Secretary for purposes of
this subparagraph.''.
(D) Effective date.--The amendments made by this
subsection shall apply to items and services furnished
on or after the date that is 1 year after the date of
the enactment of this Act.
(2) Inclusion of medically necessary vitamins as a covered
part d drug.--
(A) In general.--Section 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) medically necessary vitamins used for the
management of a covered disease or condition (as
defined in section 1861(jjj)(3)) pursuant to the
prescription, order, or recommendation (as applicable)
of a physician or other health care professional
qualified to make such prescription, order, or
recommendation,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 1 year after the date of the
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (28), by striking ''and'' at the
end;
(B) by redesignating paragraph (29) as paragraph
(31); and
(C) by inserting after paragraph (28) the following
new paragraphs:
''(29) medically necessary food (as defined in section
1861(jjj)) and the medical equipment and supplies necessary to
administer such food;
''(30) medically necessary vitamins used for the management
of a covered disease or condition (as defined in section
1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation; and''.
(2) Conforming amendments.--
(A) Mandatory benefits.--Section 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), (29), and
(30)''.
(B) Exception to coverage restriction.--Section
1927(d)(2)(E) of the Social Security Act (42 U.S.C.
1396r-8(d)(2)(E)) is amended by inserting ''and except
for medically necessary vitamins described in section
1905(a)(30)'' before the period at the end.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In 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 requirements 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.--Section 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.--The child health
assistance provided to a targeted low-income child under the
plan shall include coverage of medically necessary food (as
defined in section 1861(jjj)) and the medical equipment and
supplies necessary to administer such food.
''(10) Certain vitamins.--The child health assistance
provided to a targeted low-income child under the plan shall
include coverage of medically necessary vitamins used for the
management of a covered disease or condition (as defined in
section 1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation.''.
(2) Conforming amendment.--Section 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), (9), and (10)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In 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
requirements 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) Modification of Diseases and Conditions Covered Under TRICARE
Program.--Section 1077(h)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (D), by striking ''and'';
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
''(E) Immunoglobulin E or non-Immunoglobulin E mediated
allergies to food proteins.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
''(p) A contract for a plan under this chapter shall require the
carrier to provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to contract years beginning on or
after the date that is 1 year after the date of enactment of
this Act.
(f) Coverage Under Private Health Insurance.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following:

''SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

''A health insurance issuer offering group or individual health
insurance coverage shall provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan years beginning on or after the date that
is 1 year after the date of the enactment of this Act.

Answer: Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,of foods and vitamins that are medically necessary for the management ofcertain digestive and metabolic disordersand conditions.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Secret Service Protective Privilege
Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress makes the following findings:
(1) The physical safety of the Nation's top elected
officials is a public good of transcendent importance.
(2) By virtue of the critical importance of the Office of
the President, the President and those in direct line of the
Presidency are subject to unique and mortal jeopardy--jeopardy
that in turn threatens profound disruption to our system of
representative government and to the security and future of the
Nation.
(3) The physical safety of visiting heads of foreign states
and foreign governments is also a matter of paramount
importance. The assassination of such a person while on
American soil could have calamitous consequences for our
foreign relations and national security.
(4) Given these grave concerns, Congress has provided for
the Secret Service to protect the President and those in direct
line of the Presidency, and has directed that these officials
may not waive such protection. Congress has also provided for
the Secret Service to protect visiting heads of foreign states
and foreign governments.
(5) The protective strategy of the Secret Service depends
critically on the ability of its personnel to maintain close
and unremitting physical proximity to the protectee.
(6) Secret Service personnel must remain at the side of the
protectee on occasions of confidential conversations and, as a
result, may overhear top secret discussions, diplomatic
exchanges, sensitive conversations, and matters of personal
privacy.
(7) The necessary level of proximity can be maintained only
in an atmosphere of complete trust and confidence between the
protectee and his or her protectors.
(8) If a protectee has reason to doubt the confidentiality
of actions or conversations taken in sight or hearing of Secret
Service personnel, the protectee may seek to push the
protective envelope away or undermine it to the point at which
it could no longer be fully effective.
(9) The possibility that Secret Service personnel might be
compelled to testify against their protectees could induce
foreign nations to refuse Secret Service protection in future
state visits, making it impossible for the Secret Service to
fulfill its important statutory mission of protecting the life
and safety of foreign dignitaries.
(10) A privilege protecting information acquired by Secret
Service personnel while performing their protective function in
physical proximity to a protectee will preserve the security of
the protectee by lessening the incentive of the protectee to
distance Secret Service personnel in situations in which there
is some risk to the safety of the protectee.
(11) Recognition of a protective function privilege for the
President and those in direct line of the Presidency, and for
visiting heads of foreign states and foreign governments, will
promote sufficiently important interests to outweigh the need
for probative evidence.
(12) Because Secret Service personnel retain law
enforcement responsibility even while engaged in their
protective function, the privilege must be subject to a crime/
treason exception.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the relationship of trust and confidence
between Secret Service personnel and certain protected
officials that is essential to the ability of the Secret
Service to protect these officials, and the Nation, from the
risk of assassination; and
(2) to ensure that Secret Service personnel are not
precluded from testifying in a criminal investigation or
prosecution about unlawful activity committed within their view
or hearing.

SEC. 3. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

(a) Admissibility of Information Acquired by Secret Service
Personnel While Performing Their Protective Function.--Chapter 203 of
title 18, United States Code, is amended by inserting after section
3056 the following:
''Sec. 3056A. Testimony by Secret Service personnel; protective
function privilege
''(a) Definitions.--In this section:
''(1) Protectee.--The term 'protectee' means--
''(A) the President;
''(B) the Vice President (or other officer next in
the order of succession to the Office of President);
''(C) the President-elect;
''(D) the Vice President-elect; and
''(E) visiting heads of foreign states or foreign
governments who, at the time and place concerned, are
being provided protection by the United States Secret
Service.
''(2) Secret service personnel.--The term 'Secret Service
personnel' means any officer or agent of the United States
Secret Service.
''(b) General Rule of Privilege.--Subject to subsection (c),
testimony by Secret Service personnel or former Secret Service
personnel regarding information affecting a protectee that was acquired
during the performance of a protective function in physical proximity
to the protectee shall not be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof.
''(c) Exceptions.--There is no privilege under this section--
''(1) with respect to information that, at the time the
information was acquired by Secret Service personnel, was
sufficient to provide reasonable grounds to believe that a
crime had been, was being, or would be committed; or
''(2) if the privilege is waived by the protectee or the
legal representative of a protectee or deceased protectee.
''(d) Concurrent Privileges.--The proximity of Secret Service
personnel to a protectee engaged in a privileged communication with
another shall not, by itself, defeat an otherwise valid claim of
privilege.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
203 of title 18, United States Code, is amended by inserting after the
item relating to section 3056 the following:

''3056A. Testimony by Secret Service personnel; protective function
privilege.''.

SEC. 4. APPLICATION.

This Act and the amendments made by this Act shall apply to any
proceeding commenced on or after the date of enactment of this Act.

Answer: Secret Service Protective Privilege Act of 1999 - Amends the Federal criminal code to prohibit testimony by Secret Service personnel or former personnel regarding information affecting a protectee (defined as the President, Vice President, and specified other officials) that was acquired during the performance of a protective function in physical proximity to the protectee from being received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof.
Makes exceptions: (1) with respect to information that, at the time it was acquired by Secret Service personnel, was sufficient to provide reasonable grounds to believe that a crime had been, was being, or would be committed; or (2) if the privilege is waived by the protectee or the legal representative of a protectee or deceased protectee.
Specifies that the proximity of Secret Service personnel to a protectee engaged in a privileged communication with another shall not, by itself, defeat an otherwise valid claim of privilege.

Question: SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.

(a) Short Title.--This Act may be cited as the ''Measures to
Encourage Results in Teaching Act of 1998''.
(b) Findings.--Congress makes the following findings:
(1) All students deserve to be taught by well-educated,
competent, and qualified teachers.
(2) More than ever before, education has and will continue
to become the ticket not only to economic success but to basic
survival. Students will not succeed in meeting the demands of a
knowledge-based, 21st century society and economy if the
students do not encounter more challenging work in school. For
future generations to have the opportunities to achieve success
the future generations will need to have an education and a
teacher workforce second to none.
(3) No other intervention can make the difference that a
knowledgeable, skillful teacher can make in the learning
process. At the same time, nothing can fully compensate for
weak teaching that, despite good intentions, can result from a
teacher's lack of opportunity to acquire the knowledge and
skill needed to help students master the curriculum.
(4) The Federal Government established the Dwight D.
Eisenhower Professional Development Program in 1985 to ensure
that teachers and other educational staff have access to
sustained and high-quality professional development. This
ongoing development must include the ability to demonstrate and
judge the performance of teachers and other instructional
staff.
(5) States should evaluate their teachers on the basis of
demonstrated ability, including tests of subject matter
knowledge, teaching knowledge, and teaching skill. States
should develop a test for their teachers and other
instructional staff with respect to the subjects taught by the
teachers and staff, and should administer the test every 3 to 5
years.
(6) Evaluating and rewarding teachers with a compensation
system that supports teachers who become increasingly expert in
a subject area, are proficient in meeting the needs of students
and schools, and demonstrate high levels of performance
measured against professional teaching standards, will
encourage teachers to continue to learn needed skills and
broaden teachers' expertise, thereby enhancing education for
all students.
(c) Purposes.--The purposes of this Act are as follows:
(1) To provide incentives for States to establish and
administer periodic teacher testing and merit pay programs for
elementary school and secondary school teachers.
(2) To encourage States to establish merit pay programs
that have a significant impact on teacher salary scales.
(3) To encourage programs that recognize and reward the
best teachers, and encourage those teachers that need to do
better.

SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

(a) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating sections 2401 and 2402 as sections
2501 and 2502, respectively; and
(3) by inserting after part C the following:

''PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY

''SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

''(a) State Awards.--Notwithstanding any other provision of this
title, from funds described in subsection (b) that are made available
for a fiscal year, the Secretary shall make an award to each State
that--
''(1) administers a test to each elementary school and
secondary school teacher in the State, with respect to the
subjects taught by the teacher, every 3 to 5 years; and
''(2) has an elementary school and secondary school teacher
compensation system that is based on merit.
''(b) Available Funding.--The amount of funds referred to in
subsection (a) that are available to carry out this section for a
fiscal year is 50 percent of the amount of funds appropriated to carry
out this title that are in excess of the amount so appropriated for
fiscal year 1999, except that no funds shall be available to carry out
this section for any fiscal year for which--
''(1) the amount appropriated to carry out this title
exceeds $600,000,000; or
''(2) each of the several States is eligible to receive an
award under this section.
''(c) Award Amount.--A State shall receive an award under this
section in an amount that bears the same relation to the total amount
available for awards under this section for a fiscal year as the number
of States that are eligible to receive such an award for the fiscal
year bears to the total number of all States so eligible for the fiscal
year.
''(d) Use of Funds.--Funds provided under this section may be used
by States to carry out the activities described in section 2207.
''(e) Definition of State.--For the purpose of this section, the
term 'State' means each of the 50 States and the District of
Columbia.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.

SEC. 3. TEACHER TESTING AND MERIT PAY.

(a) In General.--Notwithstanding any other provision of law, a
State may use Federal education funds--
(1) to carry out a test of each elementary school or
secondary school teacher in the State with respect to the
subjects taught by the teacher; or
(2) to establish a merit pay program for the teachers.
(b) Definitions.--In this section, the terms ''elementary school''
and ''secondary school'' have the meanings given the terms in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).

Answer:
Measures to Encourage Results in Teaching Act of 1998 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay).
Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit.
Allows States to use Federal education funds for teacher testing and merit pay programs.