[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3971 Received in Senate (RDS)]


109th CONGRESS
  1st Session
                                H. R. 3971


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

                                Received

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Gerasimos C. Vans,

                                                          Deputy Clerk.