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 Absti-
nence Programs Extension and Hurricane Katrina Unem-
ployment Relief Act of 2005’’. 
TITLE I—HEALTH PROVISIONS 
SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PRO-
GRAM. 
(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 AL-
LOCATION.—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 sub-
paragraph (B); 
(B) by striking the period at the end of sub-
paragraph (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 ASSIST-
ANCE (TMA) AND ABSTINENCE EDUCATION 
PROGRAM. 
Effective as if enacted on September 30, 2005, activi-
ties authorized by sections 510 and 1925 of the Social Secu-
rity 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 appro-
priated, 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 insert-
ing ‘‘, 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 Administra-
tion.’’. 
(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 enact-
ment 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 cov-
erage for drugs dispensed on or after January 1, 2007. 
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS 
USED FOR TREATMENT OF SEXUAL OR EREC-
TILE DYSFUNCTION. 
(a) IN GENERAL.—Section 1927(d)(2) of the Social Se-
curity 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 Adminis-
tration.’’. 
(b) ELIMINATION OF FEDERAL PAYMENT UNDER MED-
ICAID 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 para-
graph (20) and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (20) the fol-
lowing new paragraph: 
‘‘(21) with respect to amounts expended for cov-
ered 
outpatient 
drugs 
described 
in 
section 
1927(d)(2)(K) (relating to drugs when used for treat-
ment of sexual or erectile dysfunction).’’. 
(c) CLARIFICATION OF NO EFFECT ON DETERMINA-
TION
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 ‘‘, includ-
ing 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 assist-
ance 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