109TH CONGRESS 
1ST SESSION 
H. R. 3971
AN ACT 
To provide assistance to individuals and States 
affected by Hurricane Katrina.
109TH CONGRESS 
1ST SESSION H. R. 3971
AN ACT 
To provide assistance to individuals and States affected by 
Hurricane Katrina.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Services Emer-
gency 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 sex-
ual or erectile dysfunction. 
Sec. 202. Elimination of medicaid coverage of drugs used for treatment of sex-
ual 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 evac-
uated 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 en-
actment 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 de-
clared 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 Hurri-
cane 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 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 Adminis-
tration.’’. 
(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 supple-
mental 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 en-
actment 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 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 
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 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 Jan-
uary 1, 2006. 
SEC. 203. EXTENSION OF SUNSET FOR TRANSITIONAL MED-
ICAL ASSISTANCE (TMA). 
(a) IN GENERAL.—Section 1925(f) of the Social Se-
curity 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 PRO-
GRAM. 
Activities authorized by section 510 of the Social Se-
curity 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 other-
wise 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) PRO-
GRAM. 
(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 sub-
paragraph (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 ‘‘sub-
paragraph (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 AF-
FECTED BY HURRICANE KATRINA PROVIDING 
EMERGENCY SHORT TERM BENEFITS TO AS-
SIST 
FAMILIES 
EVACUATED 
WITHIN 
THE 
STATE. 
(a) ELIGIBILITY FOR PAYMENTS FROM THE CONTIN-
GENCY 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 con-
sidered 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 Assist-
ance 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 di-
rectly) 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 pe-
riod 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 sec-
tion shall not exceed the total amount of cash benefits pro-
vided 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:
Clerk.