[Congressional Record Volume 152, Number 5 (Wednesday, January 25, 2006)]
[Senate]
[Pages S126-S134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Mr. Durbin, Ms. Stabenow, Mr. Schumer, 
        Mr. Akaka, Mr. Baucus, Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. 
        Boxer, Mr. Carper, Mrs. Clinton, Mr. Conrad, Mr. Dayton, Mr. 
        Dorgan, Mr. Feingold, Mr. Harkin, Mr. Johnson, Mr. Kennedy, Mr. 
        Kerry, Mr. Kohl, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. 
        Lieberman, Mrs. Lincoln, Mr. Menendez, Ms. Mikulski, Mrs. 
        Murray, Mr. Obama, Mr. Reed, Mr. Rockefeller, Mr. Salazar, Mr. 
        Wyden, and Mr. Inouye):
  S. 2180. A bill to provide more rigorous requirements with respect to 
disclosure and enforcement of ethics and lobbying laws and regulations, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
 Mr. REID. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2180

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Honest 
     Leadership and Open Government Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

                  TITLE I--CLOSING THE REVOLVING DOOR

Sec. 101. Extension of lobbying ban for former Members and employees of 
              Congress and executive branch officials.
Sec. 102. Elimination of floor privileges for former Member lobbyists.
Sec. 103. Disclosure by Members of Congress and senior congressional 
              staff of employment negotiations.
Sec. 104. Ethics review of employment negotiations by executive branch 
              officials.
Sec. 105. Wrongfully influencing a private entity's employment 
              decisions or practices.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Disclosure of paid efforts to stimulate grassroots lobbying.
Sec. 205. Disclosure of lobbying activities by certain coalitions and 
              associations.
Sec. 206. Disclosure by registered lobbyists of past executive and 
              congressional employment.
Sec. 207. Creation of a comprehensive public database of lobbying 
              disclosure information.
Sec. 208. Conforming amendment.

         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

Sec. 301. Ban on gifts from lobbyists.
Sec. 302. Prohibition on privately funded travel.
Sec. 303. Prohibiting lobbyist organization and participation in 
              congressional travel.
Sec. 304. Disclosure of noncommercial air travel.
Sec. 305. Per diem expenses for congressional travel.

             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

Sec. 401. Senate Office of Public Integrity.
Sec. 402. Increased civil and criminal penalties for failure to comply 
              with lobbying disclosure requirements.
Sec. 403. Penalty for false certification in connection with 
              congressional travel.
Sec. 404. Mandatory annual ethics training for congressional employees.

                        TITLE V--OPEN GOVERNMENT

Sec. 501. Sense of the Senate on conference committee protocols.
Sec. 502. Actual voting required in conference committee meetings.
Sec. 503. Availability of conference reports on the internet.

                  TITLE I--CLOSING THE REVOLVING DOOR

     SEC. 101. EXTENSION OF LOBBYING BAN FOR FORMER MEMBERS AND 
                   EMPLOYEES OF CONGRESS AND EXECUTIVE BRANCH 
                   OFFICIALS.

       Section 207 of title 18, United States Code, is amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``One-year'' and 
     inserting ``Two-year'';

[[Page S127]]

       (B) in paragraph (1), by striking ``1 year'' and inserting 
     ``2 years'' in both places it appears; and
       (C) in paragraph (2)(B), by striking ``1-year period'' and 
     inserting ``2-year period;''
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``1 year'' and inserting 
     ``2 years''; and
       (B) in paragraph (2)(A), by striking ``1 year'' and 
     inserting ``2 years''; and
       (3) in subsection (e)--
       (A) in paragraph (1)(A), by striking ``1 year'' and 
     inserting ``2 years'';
       (B) in paragraph (2)(A), by striking ``1 year'' and 
     inserting ``2 years'';
       (C) in paragraph (3), by striking ``1 year'' and inserting 
     ``2 years'';
       (D) in paragraph (4), by striking ``1 year'' and inserting 
     ``2 years'';
       (E) in paragraph (5)(A), by striking ``1 year'' and 
     inserting ``2 years''; and
       (F) in paragraph (6), by striking ``1-year period'' and 
     inserting ``2-year period''.

     SEC. 102. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBER 
                   LOBBYISTS.

       Rule XXIII of the Standing Rules of the Senate is amended 
     by inserting after ``Ex-Senators and Senators elect'' the 
     following: ``, except for any ex-Senator or Senator elect who 
     is a registered lobbyist''.

     SEC. 103. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR 
                   CONGRESSIONAL STAFF OF EMPLOYMENT NEGOTIATIONS.

       (a) Senate.--Rule XXXVII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``13. (a) A Member of the Senate or an employee of the 
     Senate earning in excess of 75 percent of the salary paid to 
     a Senator shall notify the Committee on Ethics that he or she 
     is negotiating or has any arrangement concerning prospective 
     private employment if a conflict of interest or the 
     appearance of a conflict of interest may exist.
       ``(b) The disclosure and notification under subparagraph 
     (a) shall be made within 3 business days after the 
     commencement of such negotiation or arrangement.
       ``(c) A Member or employee to whom this rule applies shall 
     recuse himself or herself from any matter in which there is a 
     conflict of interest for that Member or employee under this 
     rule and notify the Select Committee on Ethics of such 
     recusal.
       ``(d)(1) The Select Committee on Ethics shall develop 
     guidelines concerning conduct which is covered by this 
     paragraph.
       ``(2) The Select Committee on Ethics shall maintain a 
     current public record of all notifications received under 
     subparagraph (a) and of all recusals under subparagraph 
     (c).''.

     SEC. 104. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY 
                   EXECUTIVE BRANCH OFFICIALS.

       Section 208 of title 18, United States Code, is amended--
       (1) in subsection (b)(1)--
       (A) by inserting after ``the Government official 
     responsible for appointment to his or her position'' the 
     following: ``and the Office of Government Ethics''; and
       (B) by striking ``a written determination made by such 
     official'' and inserting ``a written determination made by 
     the Office of Government Ethics, after consultation with such 
     official,''; and
       (2) in subsection (b)(3), by striking ``the official 
     responsible for the employee's appointment, after review of'' 
     and inserting ``the Office of Government Ethics, after 
     consultation with the official responsible for the employee's 
     appointment and after review of''; and
       (3) in subsection (d)(1)--
       (A) by striking ``Upon request'' and all that follows 
     through ``Ethics in Government Act of 1978.'' and inserting 
     ``In each case in which the Office of Government Ethics makes 
     a determination granting an exemption under subsection (b)(1) 
     or (b)(3) to a person, the Office shall, not later than 3 
     business days after making such determination, make available 
     to the public pursuant to the procedures set forth in section 
     105 of the Ethics in Government Act of 1978, and publish in 
     the Federal Register, such determination and the materials 
     submitted by such person in requesting such exemption.''; and
       (B) by striking ``the agency may withhold'' and inserting 
     ``the Office of Government Ethics may withhold''.

     SEC. 105. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S 
                   EMPLOYMENT DECISIONS OR PRACTICES.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 226. Wrongfully influencing a private entity's 
       employment decisions by a Member of Congress

       ``Whoever, being a Senator or Representative in, or a 
     Delegate or Resident Commissioner to, the Congress or an 
     employee of either House of Congress, with the intent to 
     influence on the basis of partisan political affiliation an 
     employment decision or employment practice of any private 
     entity--
       ``(1) takes or withholds, or offers or threatens to take or 
     withhold, an official act; or
       ``(2) influences, or offers or threatens to influence, the 
     official act of another;

     shall be fined under this title or imprisoned for not more 
     than 15 years, or both, and may be disqualified from holding 
     any office of honor, trust, or profit under the United 
     States.''.
       (b) No Inference.--Nothing in section 226 of title 18, 
     United States Code, as added by this section, shall be 
     construed to create any inference with respect to whether the 
     activity described in section 226 of title 18, United States 
     Code, was already a criminal or civil offense prior to the 
     enactment of this Act, including sections 201(b), 201(c), and 
     216 of title 18, United States Code.
       (c) Chapter Analysis.--The chapter analysis for chapter 11 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``226. Wrongfully influencing a private entity's employment decisions 
              by a Member of Congress.''.

       (d) Senate Rules.--Rule XLIII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``6. No Member shall, with the intent to influence on the 
     basis of partisan political affiliation an employment 
     decision or employment practice of any private entity--
       ``(1) take or withhold, or offer or threaten to take or 
     withhold, an official act; or
       ``(2) influence, or offer or threaten to influence, the 
     official act of another.''.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

     SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

       (a) Quarterly Filing Required.--Section 5 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
       (1) in subsection (a)--
       (A) by striking ``Semiannual'' and inserting ``Quarterly'';
       (B) by striking ``the semiannual period'' and all that 
     follows through ``July of each year'' and insert ``the 
     quarterly period beginning on the first days of January, 
     April, July, and October of each year''; and
       (C) by striking ``such semiannual period'' and insert 
     ``such quarterly period''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``semiannual report'' and inserting ``quarterly report'';
       (B) in paragraph (2), by striking ``semiannual filing 
     period'' and inserting ``quarterly period'';
       (C) in paragraph (3), by striking ``semiannual period'' and 
     inserting ``quarterly period''; and
       (D) in paragraph (4), by striking ``semiannual filing 
     period'' and inserting ``quarterly period''.
       (b) Conforming Amendments.--
       (1) Definition.--Section 3(10) of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1602) is amended by striking ``six 
     month period'' and inserting ``three-month period''.
       (2) Registration.--Section 4 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1603) is amended--
       (A) in subsection (a)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''; and
       (B) in subsection (b)(3)(A), by striking ``semiannual 
     period'' and inserting ``quarterly period''.
       (3) Enforcement.--Section 6 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by 
     striking ``semiannual period'' and inserting ``quarterly 
     period''.
       (4) Estimates.--Section 15 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1610) is amended--
       (A) in subsection (a)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''; and
       (B) in subsection (b)(1), by striking ``semiannual period'' 
     and inserting ``quarterly period''.
       (5) Dollar amounts.--
       (A) Section 4 of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603) is amended--
       (i) in subsection (a)(3)(A)(i), by striking ``$5,000'' and 
     inserting ``$2,500'';
       (ii) in subsection (a)(3)(A)(ii), by striking ``$20,000'' 
     and inserting ``$10,000'';
       (iii) in subsection (b)(3)(A), by striking ``$10,000'' and 
     inserting ``$5,000''; and
       (iv) in subsection (b)(4), by striking ``$10,000'' and 
     inserting ``$5,000''.
       (B) Section 5 of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1604) is amended--
       (i) in subsection (c)(1), by striking ``$10,000'' and 
     ``$20,000'' and inserting ``$5,000'' and ``$10,000'', 
     respectively; and
       (ii) in subsection (c)(2), by striking ``$10,000'' both 
     places such term appears and inserting ``$5,000''.

     SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

       Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1604) is amended by adding at the end the following:
       ``(d) Electronic Filing Required.--A report required to be 
     filed under this section shall be filed in electronic form, 
     in addition to any other form that may be required by the 
     Secretary of the Senate or the Clerk of the House of 
     Representatives. The Secretary of the Senate and the Clerk of 
     the House of Representatives shall provide for public access 
     to such reports on the Internet.''.

     SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

       (a) Disclosure of Contributions and Payments.--Section 5(b) 
     of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is 
     amended--
       (1) in paragraph (5), as added by section 204(c), by 
     striking the period and inserting a semicolon; and
       (2) by adding at the end the following:
       ``(6) for each registrant (and for any political committee, 
     as defined in section 301(4) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431(4)), affiliated with such 
     registrant) and for each employee listed as a lobbyist by a 
     registrant under paragraph 2(C), the name of each Federal 
     candidate or officeholder,

[[Page S128]]

     leadership PAC, or political party committee, to whom a 
     contribution was made, and the amount of such contribution; 
     and
       ``(7) a certification that the lobbying firm or registrant 
     has not provided, requested, or directed a gift, including 
     travel, to a Member or employee of Congress in violation of 
     rule XXXV of the Standing Rules of the Senate.''.
       (b) Leadership PAC.--Section 3 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1602) is amended by adding at the end 
     the following:
       ``(17) Leadership pac.--The term `leadership PAC' means an 
     unauthorized multicandidate political committee that is 
     established, financed, maintained, and controlled by an 
     individual who is a Federal officeholder or a candidate for 
     Federal office.''.
       (c) Full and Detailed Accounting.--Section 5(c)(1) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(c)(1)) is 
     amended by striking ``shall be rounded to the nearest 
     $20,000'' and inserting ``shall be rounded to the nearest 
     $1,000''.

     SEC. 204. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS 
                   LOBBYING.

       (a) Disclosure of Paid Efforts to Stimulate Grassroots 
     Lobbying.--Section 3 of the Lobbying Disclosure Act of 1995 
     (2 U.S.C. 1602) is amended--
       (1) in paragraph (7), by adding at the end the following: 
     ``Lobbying activities include paid efforts to stimulate 
     grassroots lobbying, but do not include grassroots 
     lobbying.''; and
       (2) by adding at the end the following:
       ``(18) Grassroots lobbying.--The term `grassroots lobbying' 
     means the voluntary efforts of members of the general public 
     to communicate their own views on an issue to Federal 
     officials or to encourage other members of the general public 
     to do the same.
       ``(19) Paid efforts to stimulate grassroots lobbying.--The 
     term `paid efforts to stimulate grassroots lobbying'--
       ``(A) means any paid attempt to influence the general 
     public, or segments thereof, to engage in grassroots lobbying 
     or lobbying contacts; and
       ``(B) does not include any attempt described in 
     subparagraph (A) by a person or entity directed to its 
     members, employees, officers or shareholders, unless such 
     attempt is financed with funds directly or indirectly 
     received from or arranged by a lobbyist or other registrant 
     under this Act retained by another person or entity.
       ``(20) Grassroots lobbying firm.--The term `grassroots 
     lobbying firm' means a person or entity that--
       ``(A) is retained by 1 or more clients to engage in paid 
     efforts to stimulate grassroots lobbying on behalf of such 
     clients; and
       ``(B) receives income of, or spends or agrees to spend, an 
     aggregate of $50,000 or more for such efforts in any 
     quarterly period.''.
       (b) Registration.--Section 4(a) of the Act (2 U.S.C. 
     1603(a)) is amended--
       (1) in paragraph (1), by striking ``45'' and inserting 
     ``20'';
       (2) in the flush matter at the end of paragraph (3)(A)--
       (A) by striking ``as estimated'' and inserting ``as 
     included''; and
       (B) by adding at the end the following: ``For purposes of 
     clauses (i) and (ii) the term `lobbying activities' shall not 
     include paid efforts to stimulate grassroots lobbying.'';
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following:
       ``(3) Grassroots lobbying firms.--Not later than 20 days 
     after a grassroots lobbying firm first is retained by a 
     client to engage in paid efforts to stimulate grassroots 
     lobbying, such grassroots lobbying firm shall register with 
     the Secretary of the Senate and the Clerk of the House of 
     Representatives.''.
       (c) Separate Itemization of Paid Efforts To Stimulate 
     Grassroots Lobbying.--Section 5(b) of the Act (2 U.S.C. 
     1604(b)) is amended--
       (1) in paragraph (3), by--
       (A) inserting after ``total amount of all income'' the 
     following: ``(including a separate good faith estimate of the 
     total amount relating specifically to paid efforts to 
     stimulate grassroots lobbying and, within that amount, a good 
     faith estimate of the total amount specifically relating to 
     paid advertising)''; and
       (B) striking ``and'' after the semicolon;
       (2) in paragraph (4), by--
       (A) inserting after ``total expenses'' the following: 
     ``(including a good faith estimate of the total amount 
     relating specifically to paid efforts to stimulate grassroots 
     lobbying and, within that total amount, a good faith estimate 
     of the total amount specifically relating to paid 
     advertising)''; and
       (B) striking the period and inserting a semicolon;
       (3) by adding at the end the following:
       ``(5) in the case of a grassroots lobbying firm, for each 
     client--
       ``(A) a good faith estimate of the total disbursements made 
     for grassroots lobbying activities, and a subtotal for 
     disbursements made for grassroots lobbying through paid 
     advertising;
       ``(B) identification of each person or entity other than an 
     employee who received a disbursement of funds for grassroots 
     lobbying activities of $10,000 or more during the period and 
     the total amount each person or entity received; and
       ``(C) if such disbursements are made through a person or 
     entity who serves as an intermediary or conduit, 
     identification of each such intermediary or conduit, 
     identification of the person or entity who receives the 
     funds, and the total amount each such person or entity 
     received.''; and
       (4) by adding at the end the following:

     ``Subparagraphs (B) and (C) of paragraph (2) shall not apply 
     with respect to reports relating to paid efforts to stimulate 
     grassroots lobbying activities.''.
       (d) Large Grassroots Expenditure.--Section 5(a) of the Act 
     (2 U.S.C. 1604(a)) is amended--
       (1) by striking ``No later'' and inserting:
       ``(1) In general.--Except as provided in paragraph (2), not 
     later''; and
       (2) by adding at the end the following:
       ``(2) Large grassroots expenditure.--A registrant that is a 
     grassroots lobbying firm and that receives income of, or 
     spends or agrees to spend, an aggregate amount of $250,000 or 
     more on paid efforts to stimulate grassroots lobbying for a 
     client, or for a group of clients for a joint effort, shall 
     file--
       ``(A) a report under this section not later than 20 days 
     after receiving, spending, or agreeing to spend that amount; 
     and
       ``(B) an additional report not later than 20 days after 
     each time such registrant receives income of, or spends or 
     agrees to spend, an aggregate amount of $250,000 or more on 
     paid efforts to stimulate grassroots lobbying for a client, 
     or for a group of clients for a joint effort.''.

     SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN 
                   COALITIONS AND ASSOCIATIONS.

       (a) In General.--Section 4(b)(3)(B) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1603(b)(3)(B)) is amended to 
     read as follows:
       ``(B) participates in the planning, supervision or control 
     of such lobbying activities;''.
       (b) No Donor or Membership List Disclosure.--Section 4(b) 
     of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is 
     amended by adding at the end the following:

     ``No disclosure is required under paragraph (3)(B) if it is 
     publicly available knowledge that the organization that would 
     be identified is affiliated with the client or has been 
     publicly disclosed to have provided funding to the client, 
     unless the organization in whole or in major part plans, 
     supervises or controls such lobbying activities. Nothing in 
     paragraph (3)(B) shall be construed to require the disclosure 
     of any information about individuals who are members of, or 
     donors to, an entity treated as a client by this Act or an 
     organization identified under that paragraph.''.

     SEC. 206. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST 
                   EXECUTIVE AND CONGRESSIONAL EMPLOYMENT.

       Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1603(b)(6)) is amended by striking ``or a covered 
     legislative branch official'' and all that follows through 
     ``as a lobbyist on behalf of the client,'' and inserting ``or 
     a covered legislative branch official,''.

     SEC. 207. CREATION OF A COMPREHENSIVE PUBLIC DATABASE OF 
                   LOBBYING DISCLOSURE INFORMATION.

       (a) Database Required.--Section 6 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) maintain, and make available to the public over the 
     Internet, without a fee or other access charge, in a 
     searchable and downloadable manner, an electronic database 
     that includes the information contained in registrations and 
     reports filed under this Act.''.
       (b) Availability of Reports.--Section 6(4) of the Lobbying 
     Disclosure Act of 1995 is amended by inserting before the 
     semicolon at the end the following: ``and, in the case of a 
     report filed in electronic form pursuant to section 5(d), 
     shall make such report available for public inspection over 
     the Internet not more than 48 hours after the report is so 
     filed''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     section 6(9) of the Lobbying Disclosure Act of 1995, as added 
     by subsection (a).

     SEC. 208. CONFORMING AMENDMENT.

       The requirements of this Act shall not apply to the 
     activities of any political committee described in section 
     301(4) of the Federal Election Campaign Act of 1971.

         TITLE III--RESTRICTING CONGRESSIONAL TRAVEL AND GIFTS

     SEC. 301. BAN ON GIFTS FROM LOBBYISTS.

       (a) In General.--Paragraph 1(a)(2) of rule XXXV of the 
     Standing Rules of the Senate is amended by adding at the end 
     the following: ``This clause shall not apply to a gift from a 
     lobbyist.''.
       (b) Rules Committee Review.--The Committee on Rules and 
     Administration shall review the present exceptions to the 
     Senate gift rule and make recommendations to the Senate not 
     later than 3 months after the date of enactment of this Act 
     on eliminating all but those which are absolutely necessary 
     to effectuate the purpose of the rule.

     SEC. 302. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

       Paragraph 2(a)(1) of rule XXXV of the Standing Rules of the 
     Senate is amended by striking ``an individual'' and inserting 
     ``an organization recognized under section 501(c)(3) of the 
     Internal Revenue Code of 1986 that is not affiliated with any 
     group that lobbies before Congress''.

[[Page S129]]

     SEC. 303. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION 
                   IN CONGRESSIONAL TRAVEL.

       (a) In General.--Paragraph 2 of rule XXXV of the Standing 
     Rules of the Senate is amended by adding at the end the 
     following:
       ``(g) A Member, officer, or employee may not accept 
     transportation or lodging on any trip sponsored by an 
     organization recognized under section 501(c)(3) of the 
     Internal Revenue Code of 1986 covered by this paragraph that 
     is planned, organized, requested, arranged, or financed in 
     whole, or in part by a lobbyist or foreign agent, or in which 
     a lobbyist participates.
       ``(h) Before a Member, officer, or employee may accept 
     transportation or lodging otherwise permissible under this 
     paragraph from any person, such Member, officer, or employee 
     shall obtain a written certification from such person (and 
     provide a copy of such certification to the Select Committee 
     on Ethics) that--
       ``(1) the trip was not planned, organized, requested, 
     arranged, or financed in whole, or in part by a registered 
     lobbyist or foreign agent and was not organized at the 
     request of a registered lobbyist or foreign agent;
       ``(2) registered lobbyists will not participate in or 
     attend the trip; and
       ``(3) the person did not accept, from any source, funds 
     specifically earmarked for the purpose of financing the 
     travel expenses.

     The Select Committee on Ethics shall make public information 
     received under this subparagraph as soon as possible after it 
     is received.''.
       (b) Conforming Amendments.--Paragraph 2(c) of rule XXXV of 
     the Standing Rules of the Senate is amended--
       (1) by striking ``of expenses reimbursed or to be 
     reimbursed'';
       (2) in clause (5), by striking ``and'' after the semicolon;
       (3) in clause (6), by striking the period and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(7) a description of meetings and events attended during 
     such travel, except when disclosure of such information is 
     deemed by the Member or supervisor under whose direct 
     supervision the employee works to jeopardize the safety of an 
     individual or otherwise interfere with the official duties of 
     the Member, officer, or employee.''.
       (c) Public Availability.--Paragraph 2(e) of rule XXXV is 
     amended to read as follows:
       ``(e) The Secretary of the Senate shall make available to 
     the public all advance authorizations, certifications, and 
     disclosures filed pursuant to subparagraphs (a) and (h) as 
     soon as possible after they are received.''.

     SEC. 304. DISCLOSURE OF NONCOMMERCIAL AIR TRAVEL.

       A Member, officer, or employee of the Senate shall--
       (1) disclose a flight on an aircraft that is not licensed 
     by the Federal Aviation Administration to operate for 
     compensation or hire, taken in connection with the duties of 
     the Member, officer, or employee as an officeholder or Senate 
     officer or employee; and
       (2) with respect to the flight, file a report with the 
     Secretary of the Senate, including the date, destination, and 
     owner or lessee of the aircraft and the purpose of the trip.

     SEC. 305. PER DIEM EXPENSES FOR CONGRESSIONAL TRAVEL.

       (a) Senate.--Rule XXXV of the Standing Rules of the Senate 
     is amended by adding at the end the following:
       ``7. Not later than 90 days after the date of adoption of 
     this paragraph and at annual intervals thereafter, the 
     Committee on Rules and Administration shall develop and 
     revise, as necessary, guidelines on what constitutes 
     `reasonable expenses' or `reasonable expenditures' for 
     purposes of this rule. In developing and revising the 
     guidelines, the committee shall take into account the maximum 
     per diem rates for official Government travel published 
     annually by the General Services Administration, the 
     Department of State, and the Department of Defense.''.

             TITLE IV--ENFORCEMENT OF LOBBYING RESTRICTIONS

     SEC. 401. SENATE OFFICE OF PUBLIC INTEGRITY.

       (a) Establishment.--There is established in the Senate an 
     office to be known as the ``Senate Office of Public 
     Integrity'' (referred to in this section as the ``Office''), 
     which shall be headed by a Senate Director of Public 
     Integrity (hereinafter referred to as the ``Director'').
       (b) Office.--The Office shall receive lobbyists' 
     disclosures on behalf of the Senate under the Lobbying 
     Disclosure Act of 1995 and conduct such audits and 
     investigations as are necessary to ensure compliance with the 
     Act.
       (c) Referral Authority.--The Office shall have authority to 
     refer violations of the Lobbying Disclosure Act of 1995 to 
     the Select Committee on Ethics and the Department of Justice 
     for disciplinary action.
       (d) Director.--
       (1) In general.--The Director shall be appointed by the 
     President pro tempore of the Senate from among 
     recommendations submitted by the majority and minority 
     leaders of the Senate. Any appointment made under this 
     subsection shall be made without regard to political 
     affiliation and solely on the basis of fitness to perform the 
     duties of the position. Any person appointed as Director 
     shall be learned in the law, a member of the bar of a State 
     or the District of Columbia, and shall not engage in any 
     other business, vocation, or employment during the term of 
     such appointment.
       (2) Oversight.--The Director shall report to a joint 
     leadership group consisting of the President pro tempore, the 
     Majority Leader, and the Minority Leader.
       (3) Terms of service.--Any appointment made under paragraph 
     (1) shall become effective upon approval by resolution of the 
     Senate. The Director shall be appointed for a term of service 
     which shall expire at the end of the Congress following the 
     Congress during which the Director is appointed except that 
     the Senate may, by resolution, remove Director prior to the 
     termination of any term of service. The Director may be 
     reappointed at the termination of any term of service.
       (4) Compensation.--The Director shall receive compensation 
     at a rate equal to the annual rate of basic pay for level III 
     of the Executive Schedule under section 5314 of title 5, 
     United States Code .
       (5) Staff.--The Director shall hire such additional staff 
     as are required to carry out this section, including 
     investigators and accountants.
       (e) Audits and Investigations.--
       (1) In general.--The Office shall audit lobbying 
     registrations and reports filed pursuant to the Lobbying 
     Disclosure Act of 1995 to determine the extent of compliance 
     or non-compliance with the requirements of such Act by 
     lobbyists and their clients.
       (2) Evidence of non-compliance.--If in the course an audit 
     conducted pursuant to the requirements of paragraph (1), the 
     Office obtains information indicating that a person or entity 
     may be in non-compliance with the requirements of the 
     Lobbying Disclosure Act of 1995, the Office shall refer the 
     matter to the Select Committee on Ethics or the United States 
     Attorney for the District of Columbia, as appropriate
       (f) Transfer of Records.--On the date that is 90 days after 
     the date of enactment of this Act, the Office of Public 
     Records of the Senate shall transfer all authority and 
     records of that office to the Senate Office of Public 
     Integrity.
       (g) Conforming Amendments.--
       (1) New office.--Section 6 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1605) is amended by striking ``Secretary of 
     the Senate'' and inserting ``Senate Office of Public 
     Integrity''.
       (2) Audit authority.--Section 8 of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1607) is amended by striking subsection 
     (c).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated in a separate account such sums as are 
     necessary to carry out this section.

     SEC. 402. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE 
                   TO COMPLY WITH LOBBYING DISCLOSURE 
                   REQUIREMENTS.

       Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1606) is amended--
       (1) by inserting `` (a) Civil Penalty.--'' before 
     ``Whoever'';
       (2) by striking ``$50,000'' and inserting ``$100,000''; and
       (3) by adding at the end the following:
       ``(b) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly and wilfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       ``(2) Corruptly.--Whoever knowingly, wilfully, and 
     corruptly fails to comply with any provision of this section 
     shall be imprisoned for not more than 10 years, or fined 
     under title 18, United States Code, or both.''.

     SEC. 403. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH 
                   CONGRESSIONAL TRAVEL.

       (a) Civil Fine.--
       (1) In general.--Whoever makes a false certification in 
     connection with the travel of a Member, officer, or employee 
     of either House of Congress (within the meaning given those 
     terms in section 207 of title 18, United States Code), under 
     paragraph 2(h) of rule XXXV of the Standing Rules of the 
     Senate, shall, upon proof of such offense by a preponderance 
     of the evidence, be subject to a civil fine depending on the 
     extent and gravity of the violation.
       (2) Maximum fine.--The maximum fine per offense under this 
     section depends on the number of separate trips in connection 
     with which the person committed an offense under this 
     subsection, as follows:
       (A) First trip.--For each offense committed in connection 
     with the first such trip, the amount of the fine shall be not 
     more than $100,000 per offense.
       (B) Second trip.--For each offense committed in connection 
     with the second such trip, the amount of the fine shall be 
     not more than $300,000 per offense.
       (C) Any other trips.--For each offense committed in 
     connection with any such trip after the second, the amount of 
     the fine shall be not more than $500,000 per offense.
       (3) Enforcement.--The Attorney General may bring an action 
     in United States district court to enforce this subsection.
       (b) Criminal Penalty.--
       (1) In general.--Whoever knowingly and wilfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       (2) Corruptly.--Whoever knowingly, wilfully, and corruptly 
     fails to comply with any provision of this section shall be 
     imprisoned for not more than 10 years, or fined under title 
     18, United States Code, or both.

     SEC. 404. MANDATORY ANNUAL ETHICS TRAINING FOR CONGRESSIONAL 
                   EMPLOYEES.

       (a) Ethics Training.--

[[Page S130]]

       (1) In general.--The Committee on Ethics shall provide 
     annual ethics training to each employee of the Senate which 
     shall include knowledge of the Official Code of Conduct and 
     related Senate rules.
       (2) Secretary of the senate.--The Secretary of the Senate 
     shall assist the Committee on Ethics in providing training 
     required by this subsection.
       (3) New employees.--A new employee of the Senate shall 
     receive training under this section not later than 60 days 
     after beginning service to the Senate.
       (b) Certification.--Not later than January 31 of each year, 
     each employee of the Senate shall file a certification with 
     the Committee on Ethics that the employee attended ethics 
     training in the last year as established by this section.

                        TITLE V--OPEN GOVERNMENT

     SEC. 501. SENSE OF THE SENATE ON CONFERENCE COMMITTEE 
                   PROTOCOLS.

       It is the sense of Senate that--
       (1) conference committees should hold regular, formal 
     meetings of all conferees that are open to the public;
       (2) all conferees should be given adequate notice of the 
     time and place of all such meetings;
       (3) all conferees should be afforded an opportunity to 
     participate in full and complete debates of the matters that 
     such conference committees may recommend to their respective 
     Houses;
       (4) all matters before a conference committee should be 
     resolved in conference by votes on the public record; and
       (5) existing rules should be enforced and new rules adopted 
     in the Senate to shine the light on special interest 
     legislation that is enacted in the dead of night.

     SEC. 502. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE 
                   MEETINGS.

       Rule XXVIII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``8. Each Senate member of a conference committee shall be 
     afforded an opportunity at an open meeting of the conference 
     to vote on the full text of the proposed report of the 
     conference.''.

     SEC. 503. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.

       Rule XXVIII of all the Standing Rules of the Senate is 
     amended by adding at the end the following:
       ``9. It shall not be in order in the Senate to consider a 
     conference report unless such report is available to all 
     Members and made available to the general public by means of 
     the Internet for at least 24 hours before its 
     consideration.''.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Ms. Snowe, Mr. Schumer, Mr. 
        Coleman, Mrs. Feinstein, Mr. Pryor, Mr. DeWine, Mrs. Boxer, Mr. 
        Menendez, Ms. Collins, Mr. Dayton, Mr. Reed, Mr. Jeffords, Mrs. 
        Lincoln, Mr. Leahy, Mr. Wyden, Ms. Stabenow, Mr. Johnson, Mr. 
        Kennedy, Mr. Dorgan, Mr. Lieberman, Mrs. Clinton, Mr. Chafee, 
        and Mr. Dodd):
  S. 2181. A bill to amend title XIX of the Social Security Act to 
provide for an offset from the Medicaid clawback for State prescription 
drug expenditures for covered part D drugs for Medicare beneficiaries; 
to the Committee on Finance.
 Mr. LAUTENBERG. Mr. President, I rise to introduce the 
Medicare State Reimbursement Act along with my colleagues, Senators 
Snowe, Schumer, Coleman, Feinstein, Pryor, DeWine, Boxer, Menendez, 
Collins, Dayton, Reed, Jeffords, Lincoln, Leahy, Wyden, Stabenow, 
Johnson, Kennedy, Dorgan, Lieberman, Clinton, Chafee and Dodd.
  There have been many difficulties surrounding implementation of the 
Medicare prescription drug benefit, however, few have experienced the 
severity of the problems that those who are dually eligible for both 
Medicare and Medicaid have faced.
  ``Dual Eligibles'' are the Nation's poorest seniors and the disabled. 
Many suffer from multiple, chronic, debilitating conditions and on 
average take between five and ten medications per day. Missing even one 
dose of medication could result in a life threatening situation.
  Across America, countless beneficiaries who tried to have their 
prescriptions filled for the first time under the new system were told 
that their enrollment could not be verified, their drugs were not 
covered, or they would be charged larger co-payments or deductibles 
than they could afford. As a result, many were at risk of not receiving 
lifesaving prescription drugs.
  Regardless of how Senators voted on the Medicare Drug bill, I think 
all Senators can agree on one thing: the flaws in the startup of this 
program are unacceptable.
  Fortunately, a number of States including New Jersey have taken 
actions to help those who have experienced problems with access to 
medications under the new prescription drug benefit. As of Wednesday 
this week, New Jersey had already spent $16.6 million dollars.
  Congress has been asking the Centers for Medicare and Medicaid 
Services whether New Jersey and other States will be paid back for its 
expenditures. The answers we have gotten so far are not satisfactory.
  That is why we need to legislate on this issue. It must be crystal 
clear to the Federal Government that it needs to repay these States 
that are bailing them out.
  Accordingly, I am introducing emergency legislation today that will 
reimburse States for the cost they have incurred for filling this 
unanticipated gap in coverage.
  Specifically, this legislation would: require the Federal Government 
to reimburse the states for the cost of prescriptions for low income 
seniors and people with disabilities (``dual eligibles'') who were 
eligible for coverage under Medicare Part D, but were improperly denied 
Federal coverage.
  Reimburse states through an equivalent reduction in funds owed by 
each state under the ``claw back'' provision of the new Medicare law.
  Reimbursement will be at a rate equal to 100 percent of all State 
costs plus an interest rate equal to the market rate on 3-month 
Treasury Securities plus 0.1 percent.
  Directs the Secretary of HHS to recover overpayments by states to 
private prescription drug plans and return that money to the Medicare 
Trust Fund.
  This is not just about access to the Federal entitlement program--
it's about life and death.
  I urge my colleagues on both sides of the aisle to support this 
legislation and move for its immediate passage.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection the bill was ordered to be printed in the 
Record, as follows:

                                S. 2181

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medicare State Reimbursement 
     Act of 2006''.

     SEC. 2. FEDERAL RESPONSIBILITY FOR STATE PRESCRIPTION DRUG 
                   EXPENDITURES FOR COVERED PART D DRUGS FOR 
                   MEDICARE BENEFICIARIES.

       Section 1935(c) of the Social Security Act (42 U.S.C. 
     1396v(c)) is amended--
       (1) in paragraph (1)(A), by striking ``Each of the 50 
     States'' and inserting ``Subject to paragraph (7), each of 
     the 50 States''; and
       (2) by adding at the end the following new paragraph:
       ``(7) Offset for state prescription drug expenditures for 
     covered part d drugs for medicare beneficiaries.--
       ``(A) In general.--The amount of payment for a month 
     (beginning with January 2006) under paragraph (1) shall be 
     reduced by an amount equal to the sum of--
       ``(i) the amount (as documented by the State) that the 
     State expended during the month for payment for covered part 
     D drugs for part D eligible individuals who are enrolled in a 
     prescription drug plan under part D of title XVIII but were 
     unable to access on a timely basis prescription drug benefits 
     to which they were entitled under such plan; and
       ``(ii) interest on such amount (for the period beginning on 
     the day after the date on which an expenditure described in 
     subparagraph (A) is made and ending on the date on which 
     payment is made under paragraph (1)) at a rate equal to the 
     weighted average of interest on 3-month marketable Treasury 
     securities determined for such period, increased by 0.1 
     percentage point.
       ``(B) Recovery of reduced payment from prescription drug 
     plans.--The Secretary shall provide for recovery of payment 
     reductions made under subparagraph (A) from those 
     prescription drug plans under part D of title XVIII or MA-PD 
     plans under part C of such title that would otherwise be 
     responsible for the expenditures described in subparagraph 
     (A)(i). Any such amounts recovered shall be deposited into 
     the Medicare Prescription Drug Account in the Federal 
     Supplementary Medical Insurance Trust Fund.''.

 Ms. SNOWE. Mr. President, I am pleased to join with Senator 
Lautenberg today to introduce urgent legislation to assist the many 
States which have stepped forward to provide an essential safety net to 
our Medicare Part D beneficiaries. Our States have acted as ``payers of 
last resort''--as beneficiaries faced unaffordable costs when errors in 
implementing their coverage

[[Page S131]]

denied them access to vital medications. The Medicare State 
Reimbursement Act will reimburse our States for their costs in assuring 
that millions receive their medications. So many of our colleagues have 
recognized the crisis which was averted--Senators Coleman, Schumer, 
DeWine, Feinstein, Collins, Jeffords and many more have joined us in 
this bipartisan effort to support the States in the vital role they 
have played in countering a deficit of action by the Federal 
bureaucracy.
  The introduction of the prescription drug benefit is a landmark step 
in the progress of Medicare. This benefit will save the average senior 
about $1,000 per year. This is the relief that millions have needed for 
so long. It must eliminate the terrible choices so many have had to 
make between vital medications and the other essentials of life--not 
create new dilemmas.
  As we worked to ensure a prescription drug benefit, many of us worked 
hard to assure special help to those with the most limited resources. 
We enacted a benefit which provided additional help for those on 
limited incomes, including millions who rely on both Medicare and 
Medicaid--our ``dual eligibles''. It was essential that these 
individuals would see uninterrupted coverage of their essential 
medications. So we needed to ensure each would be enrolled in a drug 
plan. To do this, the Centers for Medicare and Medicaid Services, CMS, 
randomly assigned each of them to a plan. In a program based on 
competition--based on choices--plans are going to differ. To find the 
best plan, one must make an educated choice, not a random assignment.
  So the result of random assignment was predictable. Many 
beneficiaries wound up in plans which did not cover their drugs. My 
State of Maine immediately stepped forward to work to assure that every 
beneficiary was matched with the plan which best met their needs. As 
plans were reviewed, my State found a third of those reviewed--15,000 
beneficiaries--were not enrolled in the most appropriate drug plan. 
Getting each into the plan that met their medication requirements was 
essential to meeting their needs.
  Despite these best efforts to improve the situation, some 
beneficiaries were not in a plan at all, while others were in plans 
which seemed not to understand that every beneficiary was to be allowed 
a refill of their existing medications. So as beneficiaries came to 
their local pharmacies to get prescription refills, many faced great 
obstacles in getting the drugs they needed. We had heard of some 
problems in validating enrollment eligibility, but at year end, these 
just became worse, and we found beneficiaries were not properly 
enrolled, plans were not giving the proper transition refills, and co-
payments charged were often excessive. As individual faced co-payments 
of $100 or more--instead of the $5 or less they should have been 
charged--many simply couldn't afford their medications. Thankfully, our 
States have stepped in to make sure low income seniors received their 
medications. In Maine alone, approximately $5 million in assistance has 
been given to ensure medications are dispensed.
  This drug benefit must increase access, not make it more difficult. I 
am appalled, that with all the technology we have, so many have faced 
such difficulties in the implementation of this benefit. I salute the 
forbearance of our pharmacies, as they strived to meet essential needs, 
and the efforts of my State and others which have assured that these 
most vulnerable Americans not suffer from the failures of either the 
Federal bureaucracy or the plan administrators.
  So what this legislation does is simple. It authorizes CMS to 
reimburse the States their costs which they paid for providing 
medications to those who did not receive the benefits to which they 
were entitled. It does this by a simple mechanism: an adjustment in the 
``claw back'' payments which States make as their contribution for 
their dual eligibles. Accordingly, CMS is authorized to collect those 
funds from those who were obligated to serve our beneficiaries--the 
drug plans and managed care plans which deliver the drug benefit.
  It has been confirmed that CMS does not presently have this 
authority, and it simply is not acceptable to propose that CMS will 
simply help the States collect from the plans. It was CMS which 
approved the plans, and it is CMS which administers Part D. They are in 
the best position to assure plan compliance.
  I look forward to prompt consideration of this legislation, and look 
forward to continuing work with my colleagues to assure that the 
Medicare drug benefit meets the needs of all our beneficiaries, and 
that none of our most vulnerable citizens should suffer from such 
administrative failures as we have seen here.
  I call on my colleagues to join us in assuring our States are justly 
compensated.
 Mrs. FEINSTEIN. Mr. President, I am pleased to join with 
Senators Lautenberg, Snowe, Schumer, Coleman and many others to 
introduce legislation to reimburse States for prescription drug 
expenses they have incurred for their residents who are dually eligible 
for Medicare and Medicaid. States have had no other option but to step 
in and ensure seniors can still get their drugs because the 
implementation of the new Medicare drug benefit has been so poorly 
handled by the Bush administration.
  The faulty implementation of the new drug benefit has caused a major 
health emergency in California and States across the country, 
particularly for seniors with chronic and debilitating diseases who 
rely on multiple medications every day to keep them alive.
  It is incomprehensible to me that with all the money and time given 
to the Centers for Medicare and Medicaid Services, CMS, to implement 
this new drug benefit, stories emerge every day of seniors and disabled 
individuals being hospitalized because they are being told they have to 
pay hundreds of dollars for their medications which they cannot afford 
and thus don't take.
  Because of severe glitches in the database run by CMS, these 
individuals are leaving pharmacies without their medications or are 
making undue sacrifices to pay for costs they should not have incurred 
in the first place.
  So far, more than 24 States and the District of Columbia have stepped 
in to say they will cover the cost of prescription drugs for their 
residents who are dually eligible for Medicare and Medicaid and who 
cannot access lifesaving and life sustaining drugs as a result of 
Federal incompetence.
  Earlier this week, the Governor of California and California's State 
legislative leaders announced a plan to make $150 million available for 
30 days to cover drug costs for dual eligible individuals who have 
fallen through the system. In California, these individuals account for 
more than 1 million of the State's 4 million total Medicare recipients.
  Problems with the Bush administration's implementation of the drug 
benefit have cost California $5.5 million to fill 63,000 prescriptions, 
as of January 18. I have no doubt these costs are just the beginning.
  Unless these significant implementation errors are fixed immediately, 
the new drug benefit amounts to a massive unfunded mandate. The Bush 
administration must reimburse States, in full, for the drug costs they 
have absorbed as a result of major implementation errors that occurred 
on their watch.
  The legislation I am introducing today with Senators Lautenberg, 
Snowe, Schumer and Coleman will ensure that States are repaid in full 
by the Federal Government for all costs associated with prescription 
drugs for dual eligible individuals. The States did not create the 
crisis felt by our Nation's poorest and most vulnerable seniors and 
disabled and the States should not be responsible for costs associated 
with a Federal program that was intended to provide these individuals 
with comprehensive prescription drug coverage at little or no cost.
  It is simply unacceptable for the Bush administration to tell States 
and the Congress not to worry because the private health insurance 
plans will reimburse States for the costs they've incurred. States 
should not be made to wait to be reimbursed because of implementation 
foul-ups caused by CMS.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Reid, Mrs. Murray, Mr. 
        Bingaman, Mrs. Lincoln, Mr. Kennedy, Mrs. Clinton,

[[Page S132]]

        Mr. Lautenberg, Ms. Stabenow, Mr. Durbin, Mr. Kerry, Mr. 
        Schumer, Mr. Pryor, Mr. Leahy, Mr. Dayton, Mr. Jeffords, Mr. 
        Harkin, Ms. Mikulski, Mr. Johnson, Ms. Cantwell, Mr. Akaka, Mr. 
        Lieberman, Mr. Kohl, Ms. Landrieu, Mr. Sarbanes, and Mrs. 
        Boxer):
  S. 2183. A bill to provide for necessary beneficiary protections in 
order to ensure access to coverage under the Medicare part D 
prescription drug program; to the Committee on Finance.
 Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2183

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Requiring 
     Emergency Pharmaceutical Access for Individual Relief 
     (REPAIR) Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Transition requirements.
Sec. 3. Federal fallback for full-benefit dual eligible individuals for 
              2006.
Sec. 4. Identifying full-benefit dual eligible individuals in data 
              records.
Sec. 5. Prohibition on conditioning Medicaid eligibility for 
              individuals enrolled in certain creditable prescription 
              drug coverage on enrollment in the Medicare part D drug 
              program.
Sec. 6. Ensuring that full-benefit dual eligible individuals are not 
              overcharged.
Sec. 7. Reimbursement of States for 2006 transition costs.
Sec. 8. Facilitation of identification and enrollment through 
              pharmacies of full-benefit dual eligible individuals in 
              the Medicare part D drug program.
Sec. 9. State health insurance program assistance regarding the new 
              Medicare prescription drug benefit.
Sec. 10. Additional Medicare part D informational resources.
Sec. 11. GAO study and report on the imposition of co-payments under 
              part D for full-benefit dual eligible individuals 
              residing in a long-term care facility.
Sec. 12. State coverage of non-formulary prescription drugs for full-
              benefit dual eligible individuals during 2006.
Sec. 13. Protection for full-benefit dual eligible individuals from 
              plan termination prior to receiving functioning access in 
              a new part D plan.

     SEC. 2. TRANSITION REQUIREMENTS.

       (a) Requirement.--
       (1) In general.--Section 1860D-4(b) of the Social Security 
     Act (42 U.S.C. 1395w-104(b)) is amended by adding at the end 
     the following new paragraph:
       ``(4) Formulary transition.--The sponsor of a prescription 
     drug plan is required to provide at least a 30-day supply of 
     any drug that a new enrollee in the plan was taking prior to 
     enrolling in such plan. For individuals residing in a long-
     term care setting, the sponsor of a prescription drug plan is 
     required to provide at least a 90-day supply of any drug such 
     individual was taking prior to enrolling in such plan. A 
     formulary transition supply provided under this section shall 
     be made by the sponsor of a prescription drug plan without 
     imposing any prior authorization requirements or other access 
     restrictions for individuals stabilized on a course of 
     treatment and at the dosage previously prescribed by a 
     physician or recommended by a physician going forward.
       ``(5) Customer service.--The sponsor of a prescription drug 
     plan is required to provide--
       ``(A) accessible and trained customer service 
     representatives available for full business hours from coast 
     to coast to provide knowledgeable assistance to individuals 
     seeking help with Medicare Part D including, but not limited 
     to, beneficiaries, caseworkers, SHIP counselors, pharmacists, 
     doctors, and caregivers;
       ``(B) at least one dedicated phone line for pharmacists 
     with sufficient staff to reduce wait times for pharmacists 
     seeking Medicare Part D assistance to no more than 20 
     minutes; and
       ``(C) sufficient staff to reduce wait times for all 
     Medicare Part D-related calls to plan phone lines to no more 
     than 20 minutes.''.
       (2) Application.--The requirements under paragraphs (4) and 
     (5) of section 1860D-4(b) of the Social Security Act (42 
     U.S.C. 1395w-104(b)), as added by subsection (a), shall apply 
     to the plan serving as the national point of sale contractor 
     under part D of title XVIII of such Act.
       (b) Effective Date and Enforcement.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act.
       (2) Enforcement.--The Secretary may impose a civil monetary 
     penalty in an amount not to exceed $15,000 for conduct that a 
     sponsor of a prescription drug plan or an organization 
     offering an MA-PD plan knows or should know is a violation of 
     the provisions of paragraph (4) or (5) of section 1860D-4(b) 
     of the Social Security Act (42 U.S.C. 1395w-104(b)), as added 
     by subsection (a). The provisions of section 1128A of the 
     Social Security Act (42 U.S.C. a-7a), other than subsections 
     (a) and (b) and the second sentence of subsection (f), shall 
     apply to a civil monetary penalty under the previous sentence 
     in the same manner as such provisions apply to a penalty or 
     proceeding under subsection (a) of such section 1128A(a).

     SEC. 3. FEDERAL FALLBACK FOR FULL-BENEFIT DUAL ELIGIBLE 
                   INDIVIDUALS FOR 2006.

       (a) In General.--
       (1) In general.--If a full-benefit dual eligible individual 
     (as defined in section 1935(c)(6) of the Social Security Act 
     (42 U.S.C. 1396u-5(c)(6))), or an individual who is presumed 
     to be such an individual pursuant to subsection (b), presents 
     a prescription for a covered part D drug (as defined in 
     section 1860D-2(e) of such Act (42 U.S.C. 1395w-102(e))) at a 
     pharmacy in 2006 and the pharmacy is unable to locate or 
     verify the individual's enrollment through a reasonable 
     effort, including the use of the pharmacy billing system or 
     by calling an official Medicare hotline, or to bill for the 
     prescription through the plan serving as the national point 
     of sale contractor, the pharmacy may provide a 30-day supply 
     of the drug to the individual.
       (2) Refill.--The pharmacy may provide an additional 30-day 
     supply of a drug if the pharmacy continues to be unable to 
     locate the individual's enrollment through such reasonable 
     efforts or to bill for the prescription through the plan 
     serving as the national point of sale contractor when a 
     prescription is presented on or after the date that a 
     prescription refill is appropriate, but in no case after 
     December 31, 2006.
       (3) Cost-sharing.--The cost-sharing for a prescription 
     filled pursuant to this subsection shall be cost-sharing 
     provided for under section 1860D-14(a) of the Social Security 
     Act (42 U.S.C. 1395w-114(a)).
       (b) Presumptive Eligibility.--An individual shall be 
     presumed to be a full-benefit dual eligible individual (as so 
     defined) if the individual presents at the pharmacy with--
       (1) a government issued picture identification card;
       (2) reliable evidence of Medicaid enrollment, such as a 
     Medicaid card, recent history of Medicaid billing in the 
     pharmacy patient profile, or a copy of a current Medicaid 
     award letter; and
       (3) reliable evidence of Medicare enrollment, such as a 
     Medicare identification card, a Medicare enrollment approval 
     letter, a Medicare Summary Notice, or confirmation from an 
     official Medicare hotline.
       (c) Payments to Pharmacists.--
       (1) In general.--The Secretary of Health and Human Services 
     shall reimburse pharmacists, to the extent that such 
     pharmacists are not otherwise reimbursed by States or plans, 
     for the costs incurred in complying with the requirements 
     under subsection (a), including acquisition costs, dispensing 
     costs, and other overhead costs. Such payments shall be made 
     in a timely manner from the Medicare Prescription Drug 
     Account under section 1860D-16 of the Social Security Act (42 
     U.S.C. 1395w-116) and shall be deemed to be payments from 
     such Account under subsection (b) of such section.
       (2) Retroactive application to beginning of 2006.--The 
     costs incurred by a pharmacy which may be reimbursed under 
     paragraph (1) shall include costs incurred during the period 
     beginning on January 1, 2006, and before the date of 
     enactment of this Act.
       (d) Recovery of Costs From Plans by Secretary Not 
     Pharmacies.--The Secretary of Health and Human Services shall 
     establish a process for recovering the costs described in 
     subsection (c)(1) from prescription drug plans (as defined in 
     section 1860D-1(a)(3)(C) of the Social Security Act (42 
     U.S.C. 1394w-101(a)(3)(C))) and MA-PD plans (as defined in 
     section 1860D-41(a)(14) of such Act (42 U.S.C. 1395w-
     151(a)(14))) if the Secretary determines that such plans 
     should have incurred such costs. Amounts recovered pursuant 
     to the preceding sentence shall be deposited in the Medicare 
     Prescription Drug Account described in subsection (c)(1).

     SEC. 4. IDENTIFYING FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS IN 
                   DATA RECORDS.

       (a) In General.--The Secretary of Health and Human Services 
     and a prescription drug plan or an MA-PD plan shall clearly 
     identify all full-benefit dual eligible individuals (as 
     defined in section 1935(c)(6) of the Social Security Act (42 
     U.S.C. 1396u-5(c)(6))) and reflect the low-income subsidy 
     status of such individual for each calender year (beginning 
     with 2006) in every data record file used to enroll or 
     adjudicate claims for such individuals.
       (b) Enrollment.--For each calendar year (beginning with 
     2006) and for each Medicaid beneficiary who is a full-benefit 
     dual eligible individual (as so defined), the Secretary of 
     Health and Human Services shall--
       (1) identify in the Medicare enrollment database that such 
     individual has dual eligible status that has been verified 
     with a State or the District of Columbia; and
       (2) ensure that such dual eligible status is reflected in 
     each data file necessary to ensure that such status is 
     transmitted to a prescription drug plan or an MA-PD plan when

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     the Secretary certifies the enrollment of such an individual 
     in a plan.
       (c) Definition of MA-PD Plan and Prescription Drug Plan.--
     For purposes of this section, the terms ``MA-PD plan'' and 
     ``prescription drug plan'' have the meaning given such terms 
     in sections 1860D-1(a)(3)(C) and 1860D-41(a)(14) of the 
     Social Security Act (42 U.S.C. 1395w-101(a)(3)(C); 1395w-
     151(a)(14)), respectively.

     SEC. 5. PROHIBITION ON CONDITIONING MEDICAID ELIGIBILITY FOR 
                   INDIVIDUALS ENROLLED IN CERTAIN CREDITABLE 
                   PRESCRIPTION DRUG COVERAGE ON ENROLLMENT IN THE 
                   MEDICARE PART D DRUG PROGRAM.

       (a) In General.--Section 1935 of the Social Security Act 
     (42 U.S.C. 1396v) is amended by adding at the end the 
     following:
       ``(f) Prohibition on Conditioning Eligibility for Medical 
     Assistance for Individuals Enrolled in Certain Creditable 
     Prescription Drug Coverage on Enrollment in Medicare 
     Prescription Drug Benefit.--
       ``(1) In general.--A State shall not condition eligibility 
     for medical assistance under the State plan for a part D 
     eligible individual (as defined in section 1860D-1(a)(3)(A)) 
     who is enrolled in creditable prescription drug coverage 
     described in any of subparagraphs (C) through (H) of section 
     1860D-13(b)(4) on the individual's enrollment in a 
     prescription drug plan under part D of title XVIII or an MA-
     PD plan under part C of such title.
       ``(2) Coordination of benefits with part d for other 
     individuals.--Nothing in this subsection shall be construed 
     as prohibiting a State from coordinating medical assistance 
     under the State plan with benefits under part D of title 
     XVIII for individuals not described in paragraph (1).''.
       (b) Nullification of State Plan Amendments, Redetermination 
     of Eligibility.--In the case of a State that, as of the date 
     of enactment of this Act, has an approved amendment to its 
     State plan under title XIX of the Social Security Act with a 
     provision that conflicts with section 1935(f) of such Act (as 
     added by subsection (a)), such provision is, as of such date 
     of enactment, null and void. The State shall redetermine any 
     applications for medical assistance that have been denied 
     solely on the basis of the application of such a State plan 
     amendment not later than 90 days after the date of enactment 
     of this Act.

     SEC. 6. ENSURING THAT FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS 
                   ARE NOT OVERCHARGED.

       (a) In General.--Section 1860D-14 of the Social Security 
     Act (42 U.S.C. 1395w-114) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Ensuring Full-Benefit Dual Eligible Individuals Are 
     Not Overcharged.--
       ``(1) In general.--The Secretary shall, as soon a possible 
     after the date of enactment of this subsection, establish 
     processes for the following:
       ``(A) Tracking inappropriate payments.--The Secretary shall 
     track full-benefit dual eligible individuals enrolled in a 
     prescription drug plan or an MA-PD plan to determine whether 
     such individuals were inappropriately subject under the plan 
     to a deductible or cost-sharing that is greater than is 
     required under section 1860D-14.
       ``(B) Reduction in payments to plans and refunds to 
     individuals.--If the Secretary determines under subparagraph 
     (A) that an individual was overcharged, the Secretary shall--
       ``(i) reduce payments to the sponsor of the prescription 
     drug plan under section 1860D-15 or to the organization 
     offering the MA-PD plan under section 1853 that 
     inappropriately charged the individual by an amount equal to 
     the inappropriate charges; and
       ``(ii) refund such amount to the individual within 60 days 
     of the determination that the individual was inappropriately 
     charged.

     If the Secretary does not provide for the refund under clause 
     (i) within the 60 days provided for under such clause, 
     interest at the rate established under section 6621(a)(1) of 
     the Internal Revenue Code of 1986 shall be payable from the 
     end of such 60-day period until the date of the refund.
       ``(2) Requirement.--The processes established under 
     paragraph (1) shall provide for the ability of an individual 
     to notify the Secretary if the individual believes that they 
     were inappropriately subject under the plan to a deductible 
     or cost-sharing that is greater than is required under 
     section 1860D-14.''.
       (b) Report to Congress.--Not later than January 1, 2007, 
     the Secretary of Health and Human Services shall submit a 
     report to Congress on the implementation of the processes 
     established under subsection (d) of section 1860D-14 of the 
     Social Security Act (42 U.S.C. 1395w-114), as added by 
     subsection (a).

     SEC. 7. REIMBURSEMENT OF STATES FOR 2006 TRANSITION COSTS.

       (a) Reimbursement.--
       (1) In general.--Notwithstanding section 1935(d) of the 
     Social Security Act (42 U.S.C. 1396u-5(d) or any other 
     provision of law, the Secretary of Health and Human Services 
     shall reimburse States for 100 percent of the costs incurred 
     by the State during 2006 for covered part D drugs (as defined 
     in section 1860D-2(e) of such Act (42 U.S.C. 1395w-102(e))) 
     for part D eligible individuals (as defined in section 1860D-
     1(a)(3)(A) of the Social Security Act (42 U.S.C. 1394w-
     101(a)(3)(A))) which the State reasonably expected would have 
     been covered under such part but were not because the 
     individual was unable to access on a timely basis 
     prescription drug benefits to which they were entitled under 
     such part. Such payments shall be made from the Medicare 
     Prescription Drug Account under section 1860D-16 of the 
     Social Security Act (42 U.S.C. 1395w-116) and shall be deemed 
     to be payments from such Account under subsection (b) of such 
     section.
       (2) Retroactive application to beginning of 2006.--The 
     costs incurred by a State which may be reimbursed under 
     paragraph (1) shall include costs incurred during the period 
     beginning on January 1, 2006, and before the date of 
     enactment of this Act.
       (b) Recovery of Costs From Plans by Secretary Not States.--
     The Secretary of Health and Human Services shall establish a 
     process for recovering the costs described in subsection 
     (a)(1) from prescription drug plans (as defined in section 
     1860D-1(a)(3)(C) of the Social Security Act (42 U.S.C. 1394w-
     101(a)(3)(C))) and MA-PD plans (as defined in section 1860D-
     41(a)(14) of such Act (42 U.S.C. 1395w-151(a)(14))) if the 
     Secretary determines that such plans should have incurred 
     such costs. Amounts recovered pursuant to the preceding 
     sentence shall be deposited in the Medicare Prescription Drug 
     Account described in subsection (a)(1).
       (c) State.--For purposes of this section, the term 
     ``State'' includes the District of Columbia.

     SEC. 8. FACILITATION OF IDENTIFICATION AND ENROLLMENT THROUGH 
                   PHARMACIES OF FULL-BENEFIT DUAL ELIGIBLE 
                   INDIVIDUALS IN THE MEDICARE PART D DRUG 
                   PROGRAM.

       (a) In General.--The Secretary of Health and Human Services 
     shall provide for outreach and education to every pharmacy 
     that has participated in the Medicaid program under title XIV 
     of the Social Security Act, particularly independent 
     pharmacies, on the following:
       (1) The needs of full-benefit dual eligible individuals and 
     the challenges of meeting those needs.
       (2) The processes for the transition from Medicaid 
     prescription drug coverage to coverage under such part D for 
     such individuals.
       (3) The processes established by the Secretary to 
     facilitate, at point of sale, identification of drug plan 
     assignment of such population or enrollment of previously 
     unidentified or new full-benefit dual eligible individuals 
     into Medicare part D prescription drug coverage, including 
     how pharmacies can use such processes to help ensure that 
     such population makes a successful transition to Medicare 
     part D without a lapse in prescription drug coverage.
       (b) Holding Pharmacies Harmless for Certain Costs.--
       (1) In general.--The Secretary of Health and Human Services 
     shall provide for such payments to pharmacies as may be 
     necessary to reimburse pharmacies fully for--
       (A) transaction fees associated with the point-of-sale 
     facilitated identification and enrollment processes referred 
     to in subsection (a)(3); and
       (B) costs associated with technology or software upgrades 
     necessary to make any identification and enrollment inquiries 
     as part of the processes under subsection (a)(3).
       (2) Time.--Payments under paragraph (1) shall be made with 
     respect to fees and costs incurred during the period 
     beginning on December 1, 2005, and ending on June 1, 2006.
       (3) Payments from account.--Payments under paragraph (1) 
     shall be made from the Medicare Prescription Drug Account 
     under section 1860D-16 of the Social Security Act (42 U.S.C. 
     1395w-116) and shall be deemed to be payments from such 
     Account under subsection (b) of such section.

     SEC. 9. STATE HEALTH INSURANCE PROGRAM ASSISTANCE REGARDING 
                   THE NEW MEDICARE PRESCRIPTION DRUG BENEFIT.

       During the period beginning on the date that is 7 days 
     after the date of enactment of this Act and ending on May 15, 
     2006 (or a later date if determined appropriate by the 
     Secretary of Health and Human Services), the Secretary shall 
     ensure that an employee of the Centers for Medicare & 
     Medicaid Services is stationed at each State health insurance 
     counseling program (receiving funding under section 4360 of 
     the Omnibus Budget Reconciliation Act of 1990) in order to--
       (1) assist Medicare beneficiaries and counselors under such 
     program in better understanding the Medicare prescription 
     drug benefit under part D of title XVIII of the Social 
     Security Act; and
       (2) act as a liaison to the Secretary and the Administrator 
     of the Centers for Medicare & Medicaid Services regarding 
     issues related to oversight and enforcement of provisions 
     under the Medicare prescription drug benefit.

     SEC. 10. ADDITIONAL MEDICARE PART D INFORMATIONAL RESOURCES.

       (a) 1-800-MEDICARE.--The Secretary of Health and Human 
     Services shall increase the number of trained employees 
     staffing the toll-free telephone number 1-800-MEDICARE in 
     order to ensure that the average wait time for a caller does 
     not exceed 20 minutes.
       (b) Pharmacy Hotline.--The Secretary of Health and Human 
     Services shall--
       (1) establish a toll-free telephone number that is 
     dedicated to providing information regarding the Medicare 
     prescription drug benefit under title XVIII of the Social 
     Security Act to pharmacists; and
       (2) staff such telephone number in order to ensure that the 
     average wait time for a caller does not exceed 20 minutes.
       (c) State Health Insurance Program Hotline.--The Secretary 
     of Health and Human Services shall--

[[Page S134]]

       (1) establish a toll-free telephone number that is 
     dedicated to providing information regarding the Medicare 
     prescription drug benefit under title XVIII of the Social 
     Security Act to counselors working in State health insurance 
     counseling programs (receiving funding under section 4360 of 
     the Omnibus Budget Reconciliation Act of 1990); and
       (2) staff such telephone number in order to ensure that the 
     average wait time for a caller does not exceed 20 minutes.

     SEC. 11. GAO STUDY AND REPORT ON THE IMPOSITION OF CO-
                   PAYMENTS UNDER PART D FOR FULL-BENEFIT DUAL 
                   ELIGIBLE INDIVIDUALS RESIDING IN A LONG-TERM 
                   CARE FACILITY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on how mental health patients who are 
     full-benefit dual eligible individuals (as defined in section 
     1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-
     5(c)(6))) and who reside in long-term care facilities, 
     including licensed assisted living facilities, will be 
     affected by the imposition of co-payments for covered part D 
     drugs under part D of title XVIII of such Act. Such study 
     shall include a review of issues that relate to the potential 
     harm of displacement due to an inability to access needed 
     medications because of such co-payments.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress on the study 
     conducted under subsection (a) together with recommendations 
     for such legislation as the Comptroller General determines is 
     appropriate.

     SEC. 12. STATE COVERAGE OF NON-FORMULARY PRESCRIPTION DRUGS 
                   FOR FULL-BENEFIT DUAL ELIGIBLE INDIVIDUALS 
                   DURING 2006.

       (a) State Coverage of Non-Formulary Prescription Drugs for 
     Full-Benefit Dual Eligible Individuals During 2006.--For 
     prescriptions filled during 2006, notwithstanding section 
     1935(d) of the Social Security Act (42 U.S.C. 1396v(d)), a 
     State (as defined for purposes of title XIX of such Act) may 
     provide (and receive Federal financial participation for) 
     medical assistance under such title with respect to 
     prescription drugs provided to a full-benefit dual eligible 
     individual (as defined in section 1935(c)(6) of such Act (42 
     U.S.C. 1396v(c)(6)) that are not on the formulary of the 
     prescription drug plan under part D or the MA-PD plan under 
     part C of title XVIII of such Act in which such individual is 
     enrolled.
       (b) Application.--
       (1) Medicare as primary payer.--Nothing in subsection (a) 
     shall be construed as changing or affecting the primary payer 
     status of a prescription drug plan under part D or an MA-PD 
     plan under part C of title XVIII of the Social Security Act 
     with respect to prescription drugs furnished to any full-
     benefit dual eligible individual (as defined in section 
     1935(c)(6) of such Act (42 U.S.C. 1396v(c)(6)) during 2006.
       (2) Third party liability.--Nothing in subsection (a) shall 
     be construed as limiting the authority or responsibility of a 
     State under section 1902(a)(25) of the Social Security Act 
     (42 U.S.C. 1396a(a)(25)) to seek reimbursement from a 
     prescription drug plan, an MA-PD plan, or any other third 
     party, of the costs incurred by the State in providing 
     prescription drug coverage during 2006.

     SEC. 13. PROTECTION FOR FULL-BENEFIT DUAL ELIGIBLE 
                   INDIVIDUALS FROM PLAN TERMINATION PRIOR TO 
                   RECEIVING FUNCTIONING ACCESS IN A NEW PART D 
                   PLAN.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not 
     terminate coverage of a full-benefit dual eligible individual 
     (as defined in section 1935(c)(6) of the Social Security Act 
     (42 U.S.C. 1396v(c)(6)) unless such individual has 
     functioning access to a prescription drug plan under part D 
     or an MA-PD plan under part C of title XVIII of such Act. 
     Such access shall include entry of the individual into the 
     computer system of such plan and an acknowledgment by the 
     plan that the individual is eligible for a full premium 
     subsidy under section 1860D-14 of such Act (42 U.S.C. 1395w-
     114).
       (b) Effective Date.--This section shall take effect on the 
     date of enactment of this Act.

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