[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3971 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 19, 2005.
Resolved, That the House agree to the amendment of the Senate to the bill
(H.R. 3971) entitled ``An Act to provide assistance to individuals and States
affected by Hurricane Katrina'', with the following
HOUSE AMENDMENTS TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``QI, TMA, and Abstinence Programs
Extension and Hurricane Katrina Unemployment Relief Act of 2005''.
TITLE I--HEALTH PROVISIONS
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``September 2005'' and inserting ``September 2007''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(D) for the period that begins on October 1,
2005, and ends on December 31, 2005, the total
allocation amount is $100,000,000;
``(E) for the period that begins on January 1,
2006, and ends on September 30, 2006, the total
allocation amount is $300,000,000;
``(F) for the period that begins on October 1,
2006, and ends on December 31, 2006, the total
allocation amount is $100,000,000; and
``(G) for the period that begins on January 1,
2007, and ends on September 30, 2007, the total
allocation amount is $300,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``, (D), or (F)'' after ``subparagraph (B)''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2005.
SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND
ABSTINENCE EDUCATION PROGRAM.
Effective as if enacted on September 30, 2005, activities
authorized by sections 510 and 1925 of the Social Security Act shall
continue through December 31, 2005, in the manner authorized for fiscal
year 2005, notwithstanding section 1902(e)(1)(A) of such Act, and out
of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be
necessary for such purpose. Grants and payments may be made pursuant to
this authority through the first quarter of fiscal year 2006 at the
level provided for such activities through the first quarter of fiscal
year 2005.
SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended--
(1) by striking the period at the end and inserting ``, as
such sections were in effect on the date of the enactment of
this part.''; and
(2) by adding at the end the following: ``Such term also
does not include a drug when used for the treatment of sexual
or erectile dysfunction, unless such drug were used to treat a
condition, other than sexual or erectile dysfunction, for which
the drug has been approved by the Food and Drug
Administration.''.
(b) Construction.--Nothing in this section shall be construed as
preventing a prescription drug plan or an MA-PD plan from providing
coverage of drugs for the treatment of sexual or erectile dysfunction
as supplemental prescription drug coverage under section 1860D-
2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395w-
102(a)(2)(A)(ii)).
(c) Effective Dates.--The amendment made by subsection (a)(1) shall
take effect as if included in the enactment of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173) and the amendment made by subsection (a)(2) shall apply to
coverage for drugs dispensed on or after January 1, 2007.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT
OF SEXUAL OR ERECTILE DYSFUNCTION.
(a) In General.--Section 1927(d)(2) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new
subparagraph:
``(K) Agents when used for the treatment of sexual
or erectile dysfunction, unless such agents are used to
treat a condition, other than sexual or erectile
dysfunction, for which the agents have been approved by
the Food and Drug Administration.''.
(b) Elimination of Federal Payment Under Medicaid Program.--Section
1903(i) of such Act (42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; or''; and
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) with respect to amounts expended for covered
outpatient drugs described in section 1927(d)(2)(K) (relating
to drugs when used for treatment of sexual or erectile
dysfunction).''.
(c) Clarification of No Effect on Determination of Base
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C.
1396v(c)(3)(B)(ii)(II)) is amended by inserting ``, including drugs
described in subparagraph (K) of section 1927(d)(2)'' after ``1860D-
2(e)''.
(d) Effective Date.--The amendments made by this section shall
apply to drugs dispensed on or after January 1, 2006.
TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT
SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.
Section 903 of the Social Security Act (42 U.S.C. 1103) is amended
by adding at the end the following:
``(e) Special Transfer in Fiscal Year 2006.--Not later than 10 days
after the date of the enactment of this subsection, the Secretary of
the Treasury shall transfer from the Federal unemployment account--
``(1) $15,000,000 to the account of Alabama in the
Unemployment Trust Fund;
``(2) $400,000,000 to the account of Louisiana in the
Unemployment Trust Fund; and
``(3) $85,000,000 to the account of Mississippi in the
Unemployment Trust Fund.''.
SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO
ADDRESS HURRICANE KATRINA.
Notwithstanding any provision of section 302(a) or 303(a)(8) of the
Social Security Act, any State may, on or after August 28, 2005, use
any amounts received by such State pursuant to title III of the Social
Security Act to assist in the administration of claims for compensation
on behalf of any other State if a major disaster was declared with
respect to such other State or any area within such other State under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act by
reason of Hurricane Katrina.
SEC. 203. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this title and any amendment made by
this title.
Amend the title so as to read ``An Act to extend medicare
cost-sharing for qualifying individuals through September 2007,
to extend transitional medical assistance and the program for
abstinence education through December 2005, to provide
unemployment relief for States and individuals affected by
Hurricane Katrina, and for other purposes.''.
Attest:
Clerk.
109th CONGRESS
1st Session
H.R. 3971
_______________________________________________________________________
HOUSE AMENDMENTS TO SENATE AMENDMENT