[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3971 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 3971
_______________________________________________________________________
AN ACT
To provide assistance to individuals and States affected by Hurricane
Katrina.
109th CONGRESS
1st Session
H. R. 3971
_______________________________________________________________________
AN ACT
To provide assistance to individuals and States affected by Hurricane
Katrina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Services Emergency Relief and
Recovery Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ASSISTANCE RELATING TO UNEMPLOYMENT
Sec. 101. Special transfer in fiscal year 2006.
Sec. 102. Flexibility in unemployment compensation administration to
address Hurricane Katrina.
Sec. 103. Regulations.
TITLE II--HEALTH PROVISIONS
Sec. 201. Elimination of medicare coverage of drugs used for treatment
of sexual or erectile dysfunction.
Sec. 202. Elimination of medicaid coverage of drugs used for treatment
of sexual or erectile dysfunction.
Sec. 203. Extension of sunset for transitional medical assistance
(TMA).
Sec. 204. Extension of abstinence education program.
Sec. 205. Extension of Qualified Individual (QI) program.
TITLE III--TANF
Sec. 301. Additional funding for certain States affected by Hurricane
Katrina providing emergency short term
benefits to assist families evacuated
within the State.
TITLE I--ASSISTANCE RELATING TO UNEMPLOYMENT
SEC. 101. 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:
``Special Transfer in Fiscal Year 2006
``(e) 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. 102. 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. 103. 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.
TITLE II--HEALTH PROVISIONS
SEC. 201. 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. 202. 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.
SEC. 203. EXTENSION OF SUNSET FOR TRANSITIONAL MEDICAL ASSISTANCE
(TMA).
(a) In General.--Section 1925(f) of the Social Security Act (42
U.S.C. 1396r-6(f)) is amended by striking ``September 30, 2003'' and
inserting ``December 31, 2005''.
(b) Conforming Amendment.--Section 1902(e)(1)(B) of such Act (42
U.S.C. 1396a(e)(1)(B)) is amended by striking ``September 30, 2003''
and inserting ``the last date (if any) on which section 1925 applies
under subsection (f) of that section''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2005.
SEC. 204. EXTENSION OF ABSTINENCE EDUCATION PROGRAM.
Activities authorized by section 510 of the Social Security Act
shall continue through December 31, 2005, in the manner authorized for
fiscal year 2005, 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. 205. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.
(a) Through End of 2005.--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 2006''.
(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; and
``(E) for the period that begins on January 1,
2006, and ends on September 30, 2006, the total
allocation amount is $300,000,000.''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or (D)'' after ``subparagraph (B)''.
(c) Effective Date.--The amendments made by this section shall be
effective as of September 30, 2005.
TITLE III--TANF
SEC. 301. ADDITIONAL FUNDING FOR CERTAIN STATES AFFECTED BY HURRICANE
KATRINA PROVIDING EMERGENCY SHORT TERM BENEFITS TO ASSIST
FAMILIES EVACUATED WITHIN THE STATE.
(a) Eligibility for Payments From the Contingency Fund.--Beginning
with the date of the enactment of this Act and ending with August 31,
2006, any of the States of Louisiana, Mississippi, or Alabama shall be
considered a needy State for purposes of section 403(b) of the Social
Security Act if--
(1) the State includes an area for which a major disaster
has been declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a
result of Hurricane Katrina;
(2) a family that resided in such an area of the State
before the onset of the hurricane evacuated from their place of
residence (not necessarily directly) to another part of the
State as a result of the hurricane;
(3) while the family was in such other part of the State as
a result of the hurricane, a cash benefit under the State
program funded under part A of title IV of the Social Security
Act was provided to the family on a short-term, nonrecurring
basis; and
(4) while the cash benefit was so provided, the State
determined that the family--
(A) was not receiving a cash benefit from any
program funded under such part (other than the cash
benefit described in paragraph (3)); and
(B) had not received a cash benefit of any kind
from any such program in the 3-month period ending with
the date the cash benefit was first so provided.
(b) Limitation on Funding.--Subject to section 403(b)(3)(C)(i) of
the Social Security Act, the total amount paid under section
403(b)(3)(A) of such Act to a State which is a needy State for purposes
of section 403(b) of such Act by reason of subsection (a) of this
section shall not exceed the total amount of cash benefits provided as
described in subsection (a)(3) of this section, to the extent that the
conditions described in subsection (a)(4) of this section have been met
with respect to the families involved.
(c) No State Match Required.--Sections 403(b)(6) and 409(a)(10) of
the Social Security Act shall not apply with respect to a payment made
to a State by reason of this section.
Passed the House of Representatives October 6, 2005.
Attest:
Clerk.