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’ Af-
fairs, Resources, International Relations, and Judiciary, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NO FEDERAL FUNDS FOR DRUGS WHEN PRE-
SCRIBED FOR THE TREATMENT OF ERECTILE 
OR SEXUAL DYSFUNCTION. 
(a) RESTRICTION.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, no Federal funds may be expended 
for the payment or reimbursement, including pay-
ment or reimbursement under any Federal health 
care program, including the programs described in 
paragraph (2), of a drug when prescribed for the 
treatment of erectile or sexual dysfunction. 
(2) PROGRAMS DESCRIBED.— 
(A) IN
GENERAL.—The programs de-
scribed in this paragraph are the following: 
(i) The Medicare program under title 
XVIII of the Social Security Act. 
(ii) The Medicaid program under title 
XIX of the Social Security Act. 
(iii) The social services block grant 
program under title XX of the Social Secu-
rity Act. 
(iv) The maternal and child health 
block grant program under title V of the 
Social Security Act. 
(v) The Public Health Service Act. 
(vi) Health related programs adminis-
tered by the Indian Health Service and 
programs under the Indian Health care 
Improvement Act.
(vii) The Federal employees health 
benefits program (FEHBP) under chapter 
89 of title 5, United States Code. 
(viii) The military health programs 
under chapter 55 of title 10, United States 
Code. 
(ix) Medical care furnished by the 
Secretary of Veterans Affairs under chap-
ter 17 of title 38, United States Code. 
(x) Health services for Peace Corps 
volunteers under section 5(e) of the Peace 
Corps Act (22 U.S.C. 2504(e)). 
(xi) Medical services for Federal pris-
oners under section 4005(a) of title 18, 
United States Code. 
(B) FEDERAL HEALTH CARE PROGRAM DE-
FINED.—For purposes of this section, the term 
‘‘Federal health care program’’ has the mean-
ing given such term in section 1128B(f)(1) of 
the Social Security Act, 42 U.S.C. 1320a– 
7b(f)(1), disregarding the reference in such sec-
tion to chapter 89 of title 5, United States 
Code. 
(C) NONEXCLUSIVE LIST.—Nothing in this 
paragraph shall be construed as limiting the ap-
plication of paragraph (1) to the programs de-
scribed in subparagraph (A). 
(b) CONFORMING AMENDMENTS FOR SPECIFIC PRO-
GRAMS.— 
(1) MEDICARE AND MEDICAID PROGRAMS.—(A) 
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 prescribed for the treat-
ment of erectile or sexual dysfunction.’’. 
(B) EXCLUDING FEDERAL FUNDING FOR MED-
ICAID
COVERAGE
FOR
DRUGS
WHEN
PRESCRIBED 
FOR
THE
TREATMENT
OF
ERECTILE
OR
SEXUAL 
DYSFUNCTION.—Section 1903(i) of such Act (42 
U.S.C. 1396b(i)) is amended by inserting after para-
graph (8) the following new paragraph: 
‘‘(9) with respect to covered outpatient drugs 
when prescribed for the treatment of erectile or sex-
ual dysfunction; or’’. 
(2) FEHBP.—Section 8904 of title 5, United 
States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c) A plan may not provide benefits for drugs when 
prescribed for the treatment of erectile or sexual dysfunc-
tion.’’.
(3) MILITARY
HEALTH
PROGRAM.—Section 
1074g of title 10, United States Code, is amended— 
(A) by redesignating subsection (g) as sub-
section (h); and 
(B) by inserting after subsection (f) the 
following new subsection: 
‘‘(g) Notwithstanding any other provision of this sec-
tion, the pharmacy benefit program shall not include any 
benefits for drugs when prescribed for the treatment of 
erectile or sexual dysfunction.’’. 
(4) VETERANS’ HEALTH.—Section 1707 of title 
38, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(c) Funds appropriated to carry out this chapter 
may not be used for the provision of drugs when pre-
scribed for the treatment of erectile or sexual dysfunc-
tion.’’. 
(5) IHS PROGRAMS.—Section 225 of the Indian 
Health Care Improvement Act (25 U.S.C. 1621x) is 
amended— 
(A) by inserting ‘‘(a)’’ before ‘‘Amounts 
appropriated’’; and 
(B) by adding at the end the following new 
subsection:
‘‘(b) Funds appropriated to carry out this title may 
not be used for the provision of drugs when prescribed 
for the treatment of erectile or sexual dysfunction.’’. 
(c) EFFECTIVE DATE.—This section shall apply to 
drugs dispensed after the date of enactment of this Act. 
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