I 

109TH CONGRESS 

1ST SESSION H. R. 3566 

To provide that no Federal funds may be expended for the payment or 

reimbursement of drugs when prescribed for the treatment of erectile 

or sexual dysfunction. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. KING of Iowa introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Ways and Means, Government Reform, Armed Services, Veterans’ Affairs, Resources, International Relations, and Judiciary, 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 

concerned 

A BILL 

To provide that no Federal funds may be expended for 

the payment or reimbursement of drugs when prescribed 

for the treatment of erectile or sexual dysfunction. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NO FEDERAL FUNDS FOR DRUGS WHEN PRE4 SCRIBED FOR THE TREATMENT OF ERECTILE 

5 OR SEXUAL DYSFUNCTION. 

6 (a) RESTRICTION.— 
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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, no Federal funds may be expended 

3 for the payment or reimbursement, including pay4 ment or reimbursement under any Federal health 

5 care program, including the programs described in 

6 paragraph (2), of a drug when prescribed for the 

7 treatment of erectile or sexual dysfunction. 

8 (2) PROGRAMS DESCRIBED.— 

9 (A) IN GENERAL.—The programs de10 scribed in this paragraph are the following: 

11 (i) The Medicare program under title 

12 XVIII of the Social Security Act. 

13 (ii) The Medicaid program under title 

14 XIX of the Social Security Act. 

15 (iii) The social services block grant 

16 program under title XX of the Social Secu17 rity Act. 

18 (iv) The maternal and child health 

19 block grant program under title V of the 

20 Social Security Act. 

21 (v) The Public Health Service Act. 

22 (vi) Health related programs adminis23 tered by the Indian Health Service and 

24 programs under the Indian Health care 

25 Improvement Act. 
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1 (vii) The Federal employees health 

2 benefits program (FEHBP) under chapter 

3 89 of title 5, United States Code. 

4 (viii) The military health programs 

5 under chapter 55 of title 10, United States 

6 Code. 

7 (ix) Medical care furnished by the 

8 Secretary of Veterans Affairs under chap9 ter 17 of title 38, United States Code. 

10 (x) Health services for Peace Corps 

11 volunteers under section 5(e) of the Peace 

12 Corps Act (22 U.S.C. 2504(e)). 

13 (xi) Medical services for Federal pris14 oners under section 4005(a) of title 18, 

15 United States Code. 

16 (B) FEDERAL HEALTH CARE PROGRAM DE17 FINED.—For purposes of this section, the term 

18 ‘‘Federal health care program’’ has the mean19 ing given such term in section 1128B(f)(1) of 

20 the Social Security Act, 42 U.S.C. 1320a– 

21 7b(f)(1), disregarding the reference in such sec22 tion to chapter 89 of title 5, United States 

23 Code. 

24 (C) NONEXCLUSIVE LIST.—Nothing in this 

25 paragraph shall be construed as limiting the ap-
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1 plication of paragraph (1) to the programs de2 scribed in subparagraph (A). 

3 (b) CONFORMING AMENDMENTS FOR SPECIFIC PRO4 GRAMS.— 

5 (1) MEDICARE AND MEDICAID PROGRAMS.—(A) 

6 Section 1927(d)(2) of the Social Security Act (42 

7 U.S.C. 1396r–8(d)(2)) is amended by adding at the 

8 end the following new subparagraph: 

9 ‘‘(K) Agents when prescribed for the treat10 ment of erectile or sexual dysfunction.’’. 

11 (B) EXCLUDING FEDERAL FUNDING FOR MED12 ICAID COVERAGE FOR DRUGS WHEN PRESCRIBED

13 FOR THE TREATMENT OF ERECTILE OR SEXUAL

14 DYSFUNCTION.—Section 1903(i) of such Act (42 

15 U.S.C. 1396b(i)) is amended by inserting after para16 graph (8) the following new paragraph: 

17 ‘‘(9) with respect to covered outpatient drugs 

18 when prescribed for the treatment of erectile or sex19 ual dysfunction; or’’. 

20 (2) FEHBP.—Section 8904 of title 5, United 

21 States Code, is amended by adding at the end the 

22 following new subsection: 

23 ‘‘(c) A plan may not provide benefits for drugs when 

24 prescribed for the treatment of erectile or sexual dysfunc25 tion.’’. 
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1 (3) MILITARY HEALTH PROGRAM.—Section 

2 1074g of title 10, United States Code, is amended— 

3 (A) by redesignating subsection (g) as sub4 section (h); and 

5 (B) by inserting after subsection (f) the 

6 following new subsection: 

7 ‘‘(g) Notwithstanding any other provision of this sec8 tion, the pharmacy benefit program shall not include any 

9 benefits for drugs when prescribed for the treatment of 

10 erectile or sexual dysfunction.’’. 

11 (4) VETERANS’ HEALTH.—Section 1707 of title 

12 38, United States Code, is amended by adding at 

13 the end the following new subsection: 

14 ‘‘(c) Funds appropriated to carry out this chapter 

15 may not be used for the provision of drugs when pre16 scribed for the treatment of erectile or sexual dysfunc17 tion.’’. 

18 (5) IHS PROGRAMS.—Section 225 of the Indian 

19 Health Care Improvement Act (25 U.S.C. 1621x) is 

20 amended— 

21 (A) by inserting ‘‘(a)’’ before ‘‘Amounts 

22 appropriated’’; and 

23 (B) by adding at the end the following new 

24 subsection: 
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1 ‘‘(b) Funds appropriated to carry out this title may 

2 not be used for the provision of drugs when prescribed 

3 for the treatment of erectile or sexual dysfunction.’’. 

4 (c) EFFECTIVE DATE.—This section shall apply to 

5 drugs dispensed after the date of enactment of this Act. 

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