In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 3971 · Received in Senate

   SECTION 1. SHORT TITLE.

   This Act may be cited as the "[struck: Social Services Emergency Relief ][inserted: Medicare Cost-Sharing ]and [struck: Recovery ][inserted: Welfare Extension ]Act of 2005".

   Struck: SEC. 2. TABLE OF CONTENTS.

   Struck: The table of contents of this Act is as follows:

   Struck: Sec. 1. Short title.

   Struck: Sec. 2. Table of contents.

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   Struck: TITLE I--ASSISTANCE RELATING TO UNEMPLOYMENT

   Struck: Sec. 101. Special transfer in fiscal year 2006.

   Struck: Sec. 102. Flexibility in unemployment compensation administration to address Hurricane Katrina.

   Struck: Sec. 103. Regulations.

   Struck: TITLE II--HEALTH PROVISIONS

   Struck: Sec. 201. Elimination of medicare coverage of drugs used for treatment of sexual or erectile dysfunction.

   Struck: Sec. 202. Elimination of medicaid coverage of drugs used for treatment of sexual or erectile dysfunction.

   Struck: Sec. 203. Extension of sunset for transitional medical assistance (TMA).

   [struck: Sec][inserted: SEC]. [struck: 204][inserted: 2]. [struck: Extension of abstinence education program][inserted: EXTENSION OF QI PROGRAM THROUGH SEPTEMBER 2006].

   Struck: Sec. 205. Extension of Qualified Individual (QI) program.

   Struck: TITLE III--TANF

   Struck: Sec. 301. Additional funding for certain States affected by Hurricane Katrina providing emergency short term benefits to assist families evacuated within the State.

   Struck: TITLE I--ASSISTANCE RELATING TO UNEMPLOYMENT

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   Struck: SEC. 101. SPECIAL TRANSFER IN FISCAL YEAR 2006.

   Struck: Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following:

   Struck: "Special Transfer in Fiscal Year 2006

   Struck: "(e) 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--

   Struck: "(1) $15,000,000 to the account of Alabama in the Unemployment Trust Fund;

   Struck: "(2) $400,000,000 to the account of Louisiana in the Unemployment Trust Fund; and

   Struck: "(3) $85,000,000 to the account of Mississippi in the Unemployment Trust Fund.".

   Struck: SEC. 102. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO ADDRESS HURRICANE KATRINA.

   Struck: 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.

   Struck: SEC. 103. REGULATIONS.

   Struck: The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this title and any amendment made by this title.

   Struck: TITLE II--HEALTH PROVISIONS

   Struck: SEC. 201. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.

   (a) In General.--Section [struck: 1860D-2][inserted: 1902]([struck: e][inserted: a])([struck: 2][inserted: 10])([struck: A][inserted: E])[inserted: (iv)] of the Social Security Act (42 U.S.C. [struck: 1395w-102][inserted: 1396a]([struck: e][inserted: a])([struck: 2][inserted: 10])([struck: A][inserted: E])[inserted: (iv])[inserted: )] is amended[struck: --][inserted: by striking "September 2005" and inserting "September 2006".]

   Struck: (1) by striking the period at the end and inserting ", as such sections were in effect on the date of the enactment of this part."; and

   Struck: (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 Administration.".

   Struck: (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)).

   Struck: (c) Effective Dates.--The amendment made by subsection (a)(1) shall take effect as if included in the enactment 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.

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   Struck: SEC. 202. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.

   Struck: (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:

   Struck: "(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) [struck: Elimination of Federal Payment Under Medicaid Program][inserted: Total Amount Available for Allocation].--Section [struck: 1903][inserted: 1933]([struck: i][inserted: g]) of such Act (42 U.S.C. [struck: 1396b][inserted: 1396u-3]([struck: i][inserted: g])) is amended--

   Struck: (1) by striking "or" at the end of paragraph (19);

   Struck: (2) by striking the period at the end of paragraph (20) and inserting "; or"; and

   Struck: (3) by inserting after paragraph (20) the following new paragraph:

   Struck: "(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).".

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   Struck: (c) Clarification of No Effect on Determination 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 ", including drugs described in subparagraph (K) of section 1927(d)(2)" after "1860D- 2(e)".

   Struck: (d) Effective Date.--The amendments made by this section shall apply to drugs dispensed on or after January 1, 2006.

   Struck: SEC. 203. EXTENSION OF SUNSET FOR TRANSITIONAL MEDICAL ASSISTANCE (TMA).

   Struck: (a) In General.--Section 1925(f) of the Social Security Act (42 U.S.C. 1396r-6(f)) is amended by striking "September 30, 2003" and inserting "December 31, 2005".

   Struck: (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".

   Struck: (c) Effective Date.--The amendments made by this section shall be effective as of September 30, 2005.

   Struck: SEC. 204. EXTENSION OF ABSTINENCE EDUCATION PROGRAM.

   Struck: Activities authorized by section 510 of the Social Security 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 otherwise 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.

   Struck: SEC. 205. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.

   Struck: (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".

   Struck: (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 subparagraph (B);

   (B) by striking the period at the end of subparagraph (C) and inserting [struck: a semicolon][inserted: "; and"]; 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

   1 unchanged paragraphHide unchanged text

   "(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 "subparagraph (B)".

   (c) Effective Date.--The amendments made by this section shall be effective as of September 30, 2005.

   Struck: TITLE III--TANF

   Struck: SEC. 301. ADDITIONAL FUNDING FOR CERTAIN STATES AFFECTED BY HURRICANE KATRINA PROVIDING EMERGENCY SHORT TERM BENEFITS TO ASSIST FAMILIES EVACUATED WITHIN THE STATE.

   Struck: (a) Eligibility for Payments From the Contingency 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 considered a needy State for purposes of section 403(b) of the Social Security Act if--

   Struck: (1) the State includes an area for which a major disaster has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina;

   Show 8 more struck paragraphsShow less

   Struck: (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 directly) to another part of the State as a result of the hurricane;

   Struck: (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

   Struck: (4) while the cash benefit was so provided, the State determined that the family--

   Struck: (A) was not receiving a cash benefit from any program funded under such part (other than the cash benefit described in paragraph (3)); and

   Struck: (B) had not received a cash benefit of any kind from any such program in the 3-month period ending with the date the cash benefit was first so provided.

   Struck: (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 section shall not exceed the total amount of cash benefits provided 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.

   Struck: (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.

   Struck: Passed the House of Representatives October 6, 2005.

   Inserted: SEC. 3. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT PROGRAM, TRANSITIONAL MEDICAL ASSISTANCE, AND RELATED PROGRAMS THROUGH MARCH 31, 2006.

   Inserted: (a) In General.--Activities authorized by part A of title IV of the Social Security Act, and by sections 510, 1108(b), and 1925 of such Act, shall continue through March 31, 2006, 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 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 second quarter of fiscal year 2006 at the level provided for such activities through the second quarter of fiscal year 2005.

   Inserted: (b) Conforming Amendment.--Section 403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 603(a)(3)(H)(ii)), as amended by section 2(b)(2)(A) of the TANF Emergency Response and Recovery Act of 2005 (Public Law 109-68), is amended by striking "December 31, 2005" and inserting "March 31, 2006".

   Inserted: (c) Extension of the National Random Sample Study of Child Welfare and Child Welfare Waiver Authority Through March 31, 2006.--Activities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through March 31, 2006, in the manner authorized for fiscal year 2005, and out of any money in the Treasury of the United States not otherwise 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 second quarter of fiscal year 2006 at the level provided for such activities through the second quarter of fiscal year 2005.

   Inserted: SEC. 4. RESTRICTION ON COVERED DRUGS UNDER THE MEDICAID AND MEDICARE PROGRAMS.

   Inserted: (a) Exclusion Under Medicare Beginning in 2007.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting "and, only with respect to 2006, other than subparagraph (K) (relating to agents when used to treat sexual or erectile dysfunction, unless such agents are used to treat a condition, other than sexual or erectile dysfunction, for which the agent has been approved by the Food and Drug Administration)" after "agents)".

   Inserted: (b) Restriction Under Medicaid.--

   Inserted: (1) 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:

   Inserted: "(K) Agents when used to treat sexual or erectile dysfunction, except that such exclusion or other restriction shall not apply in the case of such agents when used to treat a condition, other than sexual or erectile dysfunction, for which the agent has been approved by the Food and Drug Administration.".

   Inserted: (2) Effective date.--The amendment made by this subsection shall apply to drugs dispensed on or after the date that is 60 days after the date of enactment of this Act.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed