H. Res. 501

In the House of Representatives, U.S., 

October 19, 2005.

Resolved, That, upon the adoption of this resolution, the 

House shall be considered to have taken from the Speaker’s 

table the bill H.R. 3971, with the Senate amendment thereto, 

and to have concurred in the Senate amendment to the bill 

with the following amendments: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the bill, insert the following:

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘QI, TMA, and Absti3 nence Programs Extension and Hurricane Katrina Unem4 ployment Relief Act of 2005’’. 

5 TITLE I—HEALTH PROVISIONS 

6 SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PRO7 GRAM. 

8 (a) THROUGH SEPTEMBER 2007.—Section 

9 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 

10 1396a(a)(10)(E)(iv)) is amended by striking ‘‘September 

11 2005’’ and inserting ‘‘September 2007’’. 
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1 (b) EXTENDING TOTAL AMOUNT AVAILABLE FOR AL2 LOCATION.—Section 1933(g) of such Act (42 U.S.C. 1396u3 3(g)) is amended—

4 (1) in paragraph (2)—

5 (A) by striking ‘‘and’’ at the end of sub6 paragraph (B); 

7 (B) by striking the period at the end of sub8 paragraph (C) and inserting a semicolon; and 

9 (C) by adding at the end the following new 

10 subparagraphs: 

11 ‘‘(D) for the period that begins on October 

12 1, 2005, and ends on December 31, 2005, the 

13 total allocation amount is $100,000,000; 

14 ‘‘(E) for the period that begins on January 

15 1, 2006, and ends on September 30, 2006, the 

16 total allocation amount is $300,000,000; 

17 ‘‘(F) for the period that begins on October 

18 1, 2006, and ends on December 31, 2006, the 

19 total allocation amount is $100,000,000; and 

20 ‘‘(G) for the period that begins on January 

21 1, 2007, and ends on September 30, 2007, the 

22 total allocation amount is $300,000,000.’’; and 

23 (2) in paragraph (3), in the matter preceding 

24 subparagraph (A), by inserting ‘‘, (D), or (F)’’ after 

25 ‘‘subparagraph (B)’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall be effective as of September 30, 2005. 

3 SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSIST4 ANCE (TMA) AND ABSTINENCE EDUCATION 

5 PROGRAM. 

6 Effective as if enacted on September 30, 2005, activi7 ties authorized by sections 510 and 1925 of the Social Secu8 rity Act shall continue through December 31, 2005, in the 

9 manner authorized for fiscal year 2005, notwithstanding 

10 section 1902(e)(1)(A) of such Act, and out of any money 

11 in the Treasury of the United States not otherwise appro12 priated, there are hereby appropriated such sums as may 

13 be necessary for such purpose. Grants and payments may 

14 be made pursuant to this authority through the first quarter 

15 of fiscal year 2006 at the level provided for such activities 

16 through the first quarter of fiscal year 2005. 

17 SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF 

18 DRUGS USED FOR TREATMENT OF SEXUAL OR 

19 ERECTILE DYSFUNCTION. 

20 (a) IN GENERAL.—Section 1860D–2(e)(2)(A) of the 

21 Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is 

22 amended—

23 (1) by striking the period at the end and insert24 ing ‘‘, as such sections were in effect on the date of 

25 the enactment of this part.’’; and 
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1 (2) by adding at the end the following: ‘‘Such 

2 term also does not include a drug when used for the 

3 treatment of sexual or erectile dysfunction, unless 

4 such drug were used to treat a condition, other than 

5 sexual or erectile dysfunction, for which the drug has 

6 been approved by the Food and Drug Administra7 tion.’’. 

8 (b) CONSTRUCTION.—Nothing in this section shall be 

9 construed as preventing a prescription drug plan or an 

10 MA–PD plan from providing coverage of drugs for the 

11 treatment of sexual or erectile dysfunction as supplemental 

12 prescription drug coverage under section 1860D–

13 2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395w14 102(a)(2)(A)(ii)). 

15 (c) EFFECTIVE DATES.—The amendment made by 

16 subsection (a)(1) shall take effect as if included in the enact17 ment of the Medicare Prescription Drug, Improvement, and 

18 Modernization Act of 2003 (Public Law 108–173) and the 

19 amendment made by subsection (a)(2) shall apply to cov20 erage for drugs dispensed on or after January 1, 2007. 
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1 SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS 

2 USED FOR TREATMENT OF SEXUAL OR EREC3 TILE DYSFUNCTION. 

4 (a) IN GENERAL.—Section 1927(d)(2) of the Social Se5 curity Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(K) Agents when used for the treatment of 

8 sexual or erectile dysfunction, unless such agents 

9 are used to treat a condition, other than sexual 

10 or erectile dysfunction, for which the agents have 

11 been approved by the Food and Drug Adminis12 tration.’’. 

13 (b) ELIMINATION OF FEDERAL PAYMENT UNDER MED14 ICAID PROGRAM.—Section 1903(i) of such Act (42 U.S.C. 

15 1396b(i)) is amended—

16 (1) by striking ‘‘or’’ at the end of paragraph 

17 (19); 

18 (2) by striking the period at the end of para19 graph (20) and inserting ‘‘; or’’; and 

20 (3) by inserting after paragraph (20) the fol21 lowing new paragraph: 

22 ‘‘(21) with respect to amounts expended for cov23 ered outpatient drugs described in section 

24 1927(d)(2)(K) (relating to drugs when used for treat25 ment of sexual or erectile dysfunction).’’. 
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1 (c) CLARIFICATION OF NO EFFECT ON DETERMINA2 TION OF BASE EXPENDITURES.—Section 

3 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. 

4 1396v(c)(3)(B)(ii)(II)) is amended by inserting ‘‘, includ5 ing drugs described in subparagraph (K) of section 

6 1927(d)(2)’’ after ‘‘1860D–2(e)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to drugs dispensed on or after January 

9 1, 2006. 

10 TITLE II—ASSISTANCE 

11 RELATING TO UNEMPLOYMENT 

12 SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006. 

13 Section 903 of the Social Security Act (42 U.S.C. 

14 1103) is amended by adding at the end the following: 

15 ‘‘(e) SPECIAL TRANSFER IN FISCAL YEAR 2006.—Not 

16 later than 10 days after the date of the enactment of this 

17 subsection, the Secretary of the Treasury shall transfer from 

18 the Federal unemployment account—

19 ‘‘(1) $15,000,000 to the account of Alabama in 

20 the Unemployment Trust Fund; 

21 ‘‘(2) $400,000,000 to the account of Louisiana in 

22 the Unemployment Trust Fund; and 

23 ‘‘(3) $85,000,000 to the account of Mississippi in 

24 the Unemployment Trust Fund.’’. 
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1 SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION 

2 ADMINISTRATION TO ADDRESS HURRICANE 

3 KATRINA. 

4 Notwithstanding any provision of section 302(a) or 

5 303(a)(8) of the Social Security Act, any State may, on 

6 or after August 28, 2005, use any amounts received by such 

7 State pursuant to title III of the Social Security Act to 

8 assist in the administration of claims for compensation on 

9 behalf of any other State if a major disaster was declared 

10 with respect to such other State or any area within such 

11 other State under the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act by reason of Hurricane Katrina. 

13 SEC. 203. REGULATIONS. 

14 The Secretary of Labor may prescribe any operating 

15 instructions or regulations necessary to carry out this title 

16 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 
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States and individuals affected by Hurricane Katrina, 

and for other purposes.’’. 

Attest:

Clerk.