House Legislation Introduction Thread
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YE
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« Reply #525 on: August 12, 2019, 12:08:34 AM »

Wasn't that bill in the queue already as it passed the Senate?
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Esteemed Jimmy
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« Reply #526 on: August 12, 2019, 07:02:25 PM »

Using Slot 18 (version of bill passed by the Senate).

Quote
Space Exploration, Development, and Settlement Act

To further advance space exploration with an expedited Human mission to the moon, building a human inhabited moon research facility on the moon, and a Human mission to Mars.

Quote
Section 1. Short title; definitions

(a) Short tile.—

This Act shall be cited as the “Space Exploration, Development, and Settlement Act” or “SEDDA”.

(b) Definitions.—

(1) For purposes of this Act, the term “NASA” shall mean the National Aeronautics and Space Administration.

(2) For purposes of this Act, the term “Administrator” shall mean the Administrator of the National Aeronautics and Space Administration.

Section 2. Goals

(a) In general.—

The Administrator shall set the following goals for NASA’s human space flight program—

(A) Within 5 years after the date of enactment of this Act, that there be developed a reusable space vehicle capable of carrying humans and necessary equipment for a research facility to the moon and back to Earth, and a successful lunar landing and return with said reusable space vehicle;

(B) Within 10 years after the date of enactment of this Act, that there be established a human inhabited research facility on the moon; and

(C) Within 15 years after the date of enactment of this Act, that there will be a successful Mars landing of a reusable space vehicle capable of carrying humans to Mars and back to Earth.

(b) Contracts.—

The Administrator shall have the full authority to terminate or renegotiate all ongoing contracts with private companies.

(c) Reports.—

The Administrator shall report to Congress and the President the progress made on achieving the goals put forward in subsection A at least once every 90 days.

Section 3. Appropriations

There shall be appropriated to NASA $154,000,000,000, as follows:

(1) Moon mission.—

There shall be $13,000,000,000 appropriated to NASA for research, development, and deployment for the purpose of an expedited Human mission to the moon.

(2) Moon research facility.—

There shall be $41,000,000,000 appropriated to NASA for research, development, and deployment for the purpose of building a human inhabited research facility on the moon.

(3) Mars mission.—

There shall be $100,000,000,000 appropriated to NASA for research, development, and deployment for the purpose of a Human mission to Mars.

Section 4. Implementation

This Act shall take effect immediately after passage.

This bill is now in the Presidential Slot.
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JGibson
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« Reply #527 on: August 17, 2019, 03:02:28 AM »

Quote
HOUSE BILL
To protect the rights of people on the internet

Be it enacted in both Houses of Congress
Quote
Section I. (1.) - Name of the Act
(1) This Act shall be known as the The Internet Rights Act of 2019 
(2) This shall be also known by its abbreviated form being T.I.RA.
Section II. (2.) - Purpose of the Act
(1) The purpose of this Act is to ensure that Atlasian citizens receive the same protections online as they do in the real world. The internet is rapidly becoming a bigger and bigger part of society, and our laws must be up to date to reflect that.
Section III. (3.) - Definitions of the Act
(1) Net neutrality shall refer to the regulations entailing that internet service providers (or ISPs) must maintain the same internet speed for all websites.
(2) Terms and conditions refers to contractual obligations given by companies to users.       
Section IV. (4.)- Content of the Act
(1) RIGHTS- Atlasian citizens shall be guaranteed the following rights online.
(a) Right to net neutrality.
(i) No corporation, internet service provider or hereabout shall sell bandwidth for money that is faster for those that can pay.
(ii) Net neutrality’s affect on internet quality is debatable, however it is clear that a free and fair internet cannot exist without it.
(b) Right to free speech in public forums.
(i) This entails that privately owned companies that let users post/express their opinions should be regulated as public utilities, so that free speech is upheld and protected by the Atlasian Government.
(ii) If users have violated terms and conditions or are engaging in harmful harassment, they may have their speech halted.
(c) Right to privacy.
(i) This entails that the personal information and data of internet users may not be stored or distributed without explicit permission to do so via terms and conditions.
(ii) This right may be bypassed in the case of a criminal investigation.
(d) Right to terms and conditions.
(i) The terms and conditions of a website or program must be approved by the user before the terms may apply.
(ii) The terms and conditions must be available for viewing by users at all times through the program or site.
(iii) All users must be notified of any changes to the terms and conditions, and if they wish to, they shall have the option to terminate their agreement at these points.
(2) FINES-Any business or internet service proven to have violated any of the rights listed in subsection (4(1)) shall be fined, no less than ten (1) thousand dollars per violation. This shall remain so through the 3rd violation followed by the ten times increase in the fines of each accordance.
(3) ENFORCEMENT-The Federal Communications Commission (FCC) shall enforce the content of this bill nation-wide upon its passage.
(4) EFFECTS-This bill shall go into effect upon passage of the Congress and signature of the President.
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LGC Speaker & Former PPT Dwarven Dragon
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« Reply #528 on: September 10, 2019, 06:46:12 PM »

Quote
Federal Gas Tax Reform Act

Section I:PROPOSED TAXES ON PERSONAL TRAVEL
1. Taxes placed on non-commercial, personal travel with the usage of fossil fuels shall be taxed in the following way:

Excise Taxes

Gas:
Lowest 20% earners-5¢/g
Second lowest 20%- 15¢/g
Mid 40%-60%- 30¢/g
60-80%- 40¢/g
Upper 20%- 80¢/g
 
Diesel:
Lowest 20% earners-15¢/g
Second lowest 20%- 30¢/g
Mid 40%-60%- 50¢/g
60-80%- 60¢/g
Upper 20%- 95¢/g

Section II: Identification

1. For future purposes involving personal transportation with the diesel and gas taxes, the Country of Atlasia will incorporate household income into a form of a card with specific identification
   a. Only applicable to gas and diesel taxes at this time
   b. Identification will be free and given and distributed at a local post office by mail
       I. To all members of the household requesting one
       II. Failure to comply to paying for the correct tax brackets will lend a fee worth 15% of missed
            taxes expected
           1. Must be payed after each fiscal quarter
   c. Information must be automatically changed after the annual time of tax filings
   d. The card allows for the scanning of what exactly must be paid at the pump
   e. Regional gas taxes passed in the calendar year 2019 or later are hereby repealed to avoid double taxation

Section III: Awareness
1. For the purposes of informing residents, the government of Atlasia shall have an official press interview for specifically informing the public of the nuances of the law.

Section IV: Implementation Date
1. The following Amendment will be implemented at 05/15/2021.
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YE
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« Reply #529 on: September 12, 2019, 11:03:05 PM »

Quote
Resolution condemning Fast-Food Burger and Pizza Restaurants

The Congress Hereby:

- Recognizes that fast-food Burgers and Pizza are typically made with grease, ingredients designed to add fat, and/or inordinately large amounts of toppings, and typically served with ridiculously unhealthy french fries.
- Recognizes that Restaurants, including but not limited to, McDonalds, Burger King, Five Guys, Wendy's, In-And-Out, Chuck-e-Cheese, Pizza Hut, and What-a-burger, that serve fast-food burgers and/or Pizza serve little purpose other than to make people Obese.
- Hereby Condemns all such fast-food burger or pizza restaurants for being the biggest cause of obesity in the region, and urges the populace to never eat at such places.

This was ruled frivolous earlier just to confirm.
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YE
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« Reply #530 on: September 14, 2019, 05:10:43 PM »

Quote
Quote
A BILL
To break up big banks.

Section 1: Short title

This Act may be cited as the “Too Big to Fail, Too Big to Exist”.

Section 2: Content

(a) Definitions.—In this section—

(1) the term “covered entity”—

(A) means a financial institution, as defined in section 803 of the Payment, Clearing, and Settlement Supervision Act of 2010 (12 U.S.C. 5462); and

(B) does not include—

(i) a Farm Credit System institution chartered under and subject to the provisions of the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.);

(ii) a governmental entity; or

(iii) a regulated entity, as defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); and

(2) the term “gross domestic product” means gross domestic product as calculated by the Bureau of Economic Analysis of the Department of Commerce.

(b) Total exposure.—

(1) TOTAL EXPOSURE.—

(A) IN GENERAL.—On February 1, May 1, August 1, and November 1 of each year, no covered entity may have a total exposure, as reported by the covered entity on the Federal Reserve form required to monitor the systemic risk profile of financial institutions for the previous reporting period, equal to or greater than 3 percent of the most recent estimate for annual gross domestic product of the United States (in current dollars) for the previous calendar year.

(B) OTHER REPORTING.—If a covered entity is not required to complete a Federal Reserve form required to monitor the systemic risk profile of financial institutions, the Financial Stability Oversight Council shall design and assign a quarterly reporting form as appropriate for each covered entity with total assets greater than $50,000,000,000 that reflects the total risk exposures of the financial institution, including off-balance sheet exposures and derivatives exposure within 18 months of the date of enactment of this Act. Once designated a reporting form, on February 1, May 1, August 1, and November 1 no covered entity may have a total exposure, as reported by the covered entity for the previous reporting period, equal to or greater than 3 percent of the most recent estimate for annual gross domestic product of the United States (in current dollars) for the previous calendar year.

(2) RESTRUCTURING.—

(A) IN GENERAL.—

(i) DESIGNATION.—Any covered entity that violates paragraph (1) shall immediately be designated as a “Too Big to Exist Institution” by the Financial Stability Oversight Council.

(ii) SUPERVISION.—The Vice Chair for Supervision of the Board of Governors of the Federal Reserve System, or during any period in which that position is vacant, the Chair of the Board of Governors of the Federal Reserve System, shall require and supervise a “Too Big to Exist Institution” to restructure to comply with paragraph (1) not later than 2 years after the date on which the first violation arises.

(B) SUBSEQUENT REQUIREMENTS.—After the date on which a covered entity is required to restructure under subparagraph (A), the Vice Chair for Supervision of the Board of Governors of the Federal Reserve System or, during any period in which that position is vacant, the Chair of the Board of Governors of the Federal Reserve System, shall require and supervise any “Too Big to Exist Institution” to restructure to comply with paragraph (1) not later than 1 year after the institution is again found to be in excess of the threshold specified in paragraph (1).

(c) Prohibition against use of federal reserve financing.—Notwithstanding any other provision of law (including regulations), any “Too Big to Exist Institution” may not use or otherwise have access to advances from any Federal Reserve credit facility, the Federal Reserve discount window, or any other program or facility made available under the Federal Reserve Act (12 U.S.C. 221 et seq.), including any asset purchases, temporary or bridge loans, government investments in debt or equity, or capital injections from any Federal institution.

(d) Prohibition on use of insured deposits.—

(1) IN GENERAL.—Any “Too Big to Exist Institution” that is an insured depository institution, or owns such an institution, may not use any insured deposit amounts to fund—

(A) any activity relating to hedging that is not directly related to commercial banking activity at the insured bank;

(B) any creation or use of derivatives for speculative purposes;

(C) any activity related to the dealing of derivatives;

(D) any creation of, or lending against, new or existing forms of structured or structured derivatives products, including col­lat­er­al­ized debt obligations, col­lat­er­al­ized loan obligations, and synthetic derivatives of col­lat­er­al­ized debt obligations and col­lat­er­al­ized loan obligations; or

(E) any other form of speculative activity that regulators specify.

(2) RISK OF LOSS.—A “Too Big to Exist Institution” may not conduct any activity listed in paragraph (1) in such a manner that—

(A) puts insured deposits at risk; or

(B) creates a risk of loss to the Deposit Insurance Fund.

(e) Report; testimony.—The Vice Chair for Supervision of the Board of Governors of the Federal Reserve System, or during any period in which that position is vacant, the Chair of the Board of Governors of the Federal Reserve System, and the Chair of the Financial Stability Oversight Council shall annually testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives and submit to those committees an annual report the restructuring and designation under subsection (b)(2).

(f) Effective date.—Subsections (c) and (d) shall apply to a covered entity 90 days after the date on which a covered entity is designated as a “Too Big to Exist Institution”.
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« Reply #531 on: September 15, 2019, 11:14:53 PM »

Quote
MILITARY JUSTICE ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "Military Justice Act”.

SECTION 2.

1. The following crimes may not be punishable by death under the Uniform Code of Military Justice, whether during times of peace or war:
a) Mutiny or sedition
b) Misbehavior before the enemy
c) Subordinate compelling surrender
d) Improper use of countersign
e) Forcing a safeguard
f) Aiding the enemy
g) Espionage
h) Improper hazarding of vessel
i) Rape
j) Desertion
k) Assaulting or willfully disobeying a superior commissioned officer
l) Lurking as a spy or acting as a spy
m) Misbehavior of a sentinel or lookout

2. Executions imposed by military tribunals shall be conducted by firing squad.

3. Executions conducted during peacetime and occurring within the territory of the Republic of Atlasia shall be in a public space.
Co-sponsored
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P. Clodius Pulcher did nothing wrong
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« Reply #532 on: September 15, 2019, 11:34:04 PM »

Quote
FORCED LABOR ISN'T GOOD AMENDMENT

HOUSE RESOLUTION
Abolishes all forms of slavery and forced conscription in Atlasia

Be it resolved by two-thirds of each chamber that the Constitution be amended, as follows, upon ratification by the regions

Quote
SECTION 1.

1. This Act may be cited as the "Forced Labor Isn't Good Amendment”.

SECTION 2.

Article I, Section 6, of the Fourth Constitution, is amended to read as follows:

Quote
Neither slavery, nor involuntary servitude, except as punishment for crimes of which the accused has been duly convicted, shall exist within the Republic of Atlasia, nor in any place under its jurisdiction, nor may any draft or other form of compulsory service be instituted, unless approved by a public referendum in all three regions with a sixty percent threshold. The President shall have the sole authority to authorize the draft referendum.
Quote from: Amendment Explanation
This amendment abolishes legalized forced labor (including forced prison labor and the possibility of a draft) once and for good by striking out parts of the Constitution that allow it.

I would like to cosponsor this bill.
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RC (a la Frémont)
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« Reply #533 on: September 18, 2019, 06:00:25 PM »

I ask Congress to consider this bill in solidarity with our Lord and Savior.

Quote
AN ACT
to crack down on frivolous copyright cases

Section 1 (Title)
i. The long title of this Act shall be, the "Dave Leip Copyright Defendant Protection Act." It may be cited as the "Leip Act."

Section 2 (Protecting creators from frivolous lawsuits)
i. In all cases where a copyright holder (hereafter "the plaintiff") shall bring suit against an individual or other party (hereafter "the defendant") alleging a violation or violations of their copyright under the laws of the Republic of Atlasia, the plaintiff must demonstrate either
(a) the alleged violation placed a significant burden on their ability to profit financially from the copyrighted work; or
(b) that any profit incurred by the defendant as a direct result of the alleged violation is in excess of $25,000.
ii. Should a copyright suit be decided in favor of the defendant, the plaintiff shall bear full financial responsibility for any legal costs incurred by the former in the course of their defense.

Section 3 (Resolution condemning copyright trolls)
i. RESOLVED, that it is the opinion of the Senate and House of Representatives that so-called "copyright trolls" are a species of imp distinguished by the total absence of grace or civilization even in comparison to their brother demons, and when they burn in Hell for eternity, it will be neither soon nor harsh enough.
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Former President tack50
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« Reply #534 on: September 19, 2019, 04:45:26 PM »

I ask Congress to consider this bill in solidarity with our Lord and Savior.

Quote
AN ACT
to crack down on frivolous copyright cases

Section 1 (Title)
i. The long title of this Act shall be, the "Dave Leip Copyright Defendant Protection Act." It may be cited as the "Leip Act."

Section 2 (Protecting creators from frivolous lawsuits)
i. In all cases where a copyright holder (hereafter "the plaintiff") shall bring suit against an individual or other party (hereafter "the defendant") alleging a violation or violations of their copyright under the laws of the Republic of Atlasia, the plaintiff must demonstrate either
(a) the alleged violation placed a significant burden on their ability to profit financially from the copyrighted work; or
(b) that any profit incurred by the defendant as a direct result of the alleged violation is in excess of $25,000.
ii. Should a copyright suit be decided in favor of the defendant, the plaintiff shall bear full financial responsibility for any legal costs incurred by the former in the course of their defense.

Section 3 (Resolution condemning copyright trolls)
i. RESOLVED, that it is the opinion of the Senate and House of Representatives that so-called "copyright trolls" are a species of imp distinguished by the total absence of grace or civilization even in comparison to their brother demons, and when they burn in Hell for eternity, it will be neither soon nor harsh enough.

For the record, a marginally modified version of this bill was already passed by the Senate

https://uselectionatlas.org/FORUM/index.php?topic=330349.25

However it seems the House never got around to introducing it? Either way, if it's faster this can be handled as Senate-passed legislation if the VP and House speaker want.
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« Reply #535 on: September 19, 2019, 07:07:44 PM »

Quote
AN AMENDMENT
to the Constitution of the Republic of Atlasia

Be it enacted by both houses of Congress, assembled:
Quote
Section 1 (Title)
i. The title of this Amendment shall be, the "Democracy Is Not For Sale Amendment."

Section 2 (Amendment)
i. Article III§6(i) of the Fourth Constitution is amended to read as follows:
Quote
The Congress shall have the power, except where limited elsewhere by this Constitution, [. . .]
xvi. To regulate independent expenditures for political communication.

Explanation:
Quote
This amendment would overturn the ruling in Citizens United v. Federal Election Commission by allowing Congress to regulate corporate spending in political campaigns.
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YE
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« Reply #536 on: September 23, 2019, 12:06:48 AM »

I ask Congress to consider this bill in solidarity with our Lord and Savior.

Quote
AN ACT
to crack down on frivolous copyright cases

Section 1 (Title)
i. The long title of this Act shall be, the "Dave Leip Copyright Defendant Protection Act." It may be cited as the "Leip Act."

Section 2 (Protecting creators from frivolous lawsuits)
i. In all cases where a copyright holder (hereafter "the plaintiff") shall bring suit against an individual or other party (hereafter "the defendant") alleging a violation or violations of their copyright under the laws of the Republic of Atlasia, the plaintiff must demonstrate either
(a) the alleged violation placed a significant burden on their ability to profit financially from the copyrighted work; or
(b) that any profit incurred by the defendant as a direct result of the alleged violation is in excess of $25,000.
ii. Should a copyright suit be decided in favor of the defendant, the plaintiff shall bear full financial responsibility for any legal costs incurred by the former in the course of their defense.

Section 3 (Resolution condemning copyright trolls)
i. RESOLVED, that it is the opinion of the Senate and House of Representatives that so-called "copyright trolls" are a species of imp distinguished by the total absence of grace or civilization even in comparison to their brother demons, and when they burn in Hell for eternity, it will be neither soon nor harsh enough.

For the record, a marginally modified version of this bill was already passed by the Senate

https://uselectionatlas.org/FORUM/index.php?topic=330349.25

However it seems the House never got around to introducing it? Either way, if it's faster this can be handled as Senate-passed legislation if the VP and House speaker want.

This should be on the House floor then - hold on.
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« Reply #537 on: September 25, 2019, 04:52:13 PM »

Quote
CULTS ARE BAD ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "Cults Are Bad Act”.

SECTION 2.

1. The organization known as the Church of Scientology and all entities connected to said group, may not be exempt from paying any federal taxes that would otherwise be placed on it.
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LGC Speaker & Former PPT Dwarven Dragon
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« Reply #538 on: September 28, 2019, 10:55:58 PM »

Quote
Poison Center Network Enhancement Act of 2019

NATIONWIDE PUBLIC AWARENESS CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION AND THEIR PUBLIC HEALTH EMERGENCY RESPONSE CAPABILITIES

“(a) In General.—The Secretary of Internal Affairs shall—

“(1) carry out, and expand upon, a national public awareness campaign to educate the public and health care providers about—

“(A) poisoning, toxic exposure, and drug misuse prevention; and

“(B) the availability of poison control center resources in local communities; and

“(b) Consultation.—In carrying out and expanding upon the national campaign under subsection (a), the Secretary may consult with nationally recognized professional organizations in the field of poison control response for the purpose of determining the best and most effective methods for achieving public awareness.

“(c) Contract With Entity.—The Secretary may carry out subsection (a) by entering into contracts with one or more public or private entities, including nationally recognized professional organizations in the field of poison control and national media firms, for the development and implementation of the awareness campaign under subsection (a), which may include—

“(1) the development and distribution of poisoning and toxic exposure prevention, poison control center, and public health emergency awareness and response materials;

“(2) television, radio, internet, and newspaper public service announcements; and

“(3) other means and activities to provide for public and professional awareness and education.

“(d) Evaluation.—The Secretary shall—

“(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide public awareness campaign carried out under this section; and

“(2) on a biennial basis, prepare and submit to the appropriate committees of Congress an evaluation of the nationwide public awareness campaign.

“(e) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section, $800,000 for each of fiscal years 2020 through 2023.”.


MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.

“(a) Authorization Of Program.—The Secretary shall award grants to poison control centers accredited under subsection (c) (or granted a waiver under subsection (d)) and nationally recognized professional organizations in the field of poison control for the purposes of—

“(1) preventing, and providing treatment recommendations for, poisonings and toxic exposures including opioid and drug misuse;

“(2) assisting with public health emergencies, responses, and preparedness; and

“(3) complying with the operational requirements needed to sustain the accreditation of the center under subsection (c).

“(b) Additional Uses Of Funds.—In addition to the purposes described in subsection (a), a poison center or professional organization awarded a grant under such subsection may also use amounts received under such grant—

“(1) to research, establish, implement, and evaluate best practices in the United States for poisoning prevention, poison control center outreach, opioid and drug misuse information and response, and public health emergency, response, and preparedness programs;

“(2) to research, develop, implement, revise, and communicate standard patient management guidelines for commonly encountered toxic exposures;

“(3) to improve national toxic exposure and opioid misuse surveillance by enhancing cooperative activities between poison control centers in the United States and the Centers for Disease Control and Prevention and other governmental agencies;

“(4) to research, improve, and enhance the communications and response capability and capacity of the Nation’s network of poison control centers to facilitate increased access to the centers through the integration and modernization of the current poison control centers communications and data system, including enhancing the network’s telephony, internet, data, and social networking technologies;

“(5) to develop, support, and enhance technology and capabilities of nationally recognized professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data;

“(6) to develop initiatives to foster the enhanced public health utilization of national poison data collected by such organizations;

“(7) to support and expand the toxicologic expertise within poison control centers; and

“(Cool to improve the capacity of poison control centers to answer high volumes of contacts and internet communications, and to sustain and enhance the poison control center’s network capability to respond during times of national crisis or other public health emergencies.

“(d) Supplement Not Supplant.—Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, Regional, State, or local funds provided for such center.

“(e) Maintenance Of Effort.—A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the annual recurring expenditures of the center for its activities at a level that is not less than 80 percent of the average level of such recurring expenditures maintained by the center for the preceding 3 fiscal years for which a grant is received.

“(f) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section, $28,600,000 for each of fiscal years 2020 through 2023.”.

Simplified and Cleaned up version of HR 5329 of the 115th Congress, which passed the House by Voice Vote. Similar language became U.S. law as part of HR 6 of the 115th Congress.


Withdrawing this from the queue to ensure we get to my gas tax reform bill
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Mr. Reactionary
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« Reply #539 on: October 01, 2019, 09:37:34 AM »

Quote
CULTS ARE BAD ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "Cults Are Bad Act”.

SECTION 2.

1. The organization known as the Church of Scientology and all entities connected to said group, may not be exempt from paying any federal taxes that would otherwise be placed on it.

Sorry. Discrimination amongst religions violates the establishment clause. And whether or not a cult is also a religion is determined based on the sincerity of belief of the worshipper.

https://www.oyez.org/cases/1981/80-1666
https://www.oyez.org/cases/1992/91-948
https://en.m.wikipedia.org/wiki/United_States_v._Ballard
https://www.oyez.org/cases/1980/79-952


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Dr. MB
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« Reply #540 on: October 01, 2019, 05:17:33 PM »

Quote
CULTS ARE BAD ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "Cults Are Bad Act”.

SECTION 2.

1. The organization known as the Church of Scientology and all entities connected to said group, may not be exempt from paying any federal taxes that would otherwise be placed on it.

Sorry. Discrimination amongst religions violates the establishment clause. And whether or not a cult is also a religion is determined based on the sincerity of belief of the worshipper.

https://www.oyez.org/cases/1981/80-1666
https://www.oyez.org/cases/1992/91-948
https://en.m.wikipedia.org/wiki/United_States_v._Ballard
https://www.oyez.org/cases/1980/79-952



So can anything just claim to be a religion? I'm not very informed on this but you could probably interpret it so that the Church of Scientology isn't defined as one. It had to pay taxes before the 90s iirc.
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Adam Griffin
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« Reply #541 on: October 01, 2019, 09:02:59 PM »

Using my slot to introduce this (passed by the Senate):

1/2

Quote
SENATE BILL
To reform and consolidate Federal Election Laws


Be it enacted in Both Houses of Congress Assembled:
Quote
Federal Electoral Act of 2019
Section 1. Overview.
1. This bill shall be titled the “Federal Electoral Act of 2019”, or simply the “Federal Electoral Act”.
2. The following federal laws are hereby repealed:
a. F.L. 1-9: The Federal Electoral Act
b. F.L. 6-2: The Deputy Secretary of Federal Elections Act
c. F.L. 6-7: The Absentee Voting Act of 2017
d. F.L. 9-1: Act to establish a 72-hour Window between House Candidacy Declarations and Federal Elections
e. F.L. 15-05: The Party Organization Act
f. F.L. 19-26: The Election Daylight Savings Act of 2019
3. All subsequent federal electoral legislation that is passed shall be considered as amending this act, and shall be added accordingly on the wiki page for this act.

Section 2. Determination of Election Dates.
1. Presidential elections shall be held in the months of February, June, and October, beginning at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
2. Elections to the House of Representatives shall be held in the months of February, April, June, August, October, and December, beginning, in all months other than December, at midnight Eastern Daylight Time for elections beginning between the second Sunday in March and the first Sunday in November, and midnight Eastern Standard Time for all other elections, between the penultimate Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
a. Elections to the House held in December shall be begin at midnight Eastern Standard Time between the second Friday of the month and the preceding Thursday and terminating exactly seventy-two hours after beginning.
3. Special elections to the House of Representatives, in accordance with the conditions set within the Constitution, shall be held beginning at midnight between the first possible Friday and preceding Thursday such that the election begins at least a full 240 hours after the vacancy has been created, and terminating exactly seventy-two hours after beginning.
4. All candidates elected in any regular federal election as described within this section shall begin their term of office at noon Eastern Daylight Time for terms beginning between the second Sunday in March and the first Sunday in November, and noon Eastern Standard Time for all other terms, on the first Friday in the month after the scheduled month of election.
5. All candidates elected in special elections to the House of Representatives shall be eligible to swear in for the remainder of the term immediately upon certification of the result.

Section 3. Candidacy Declarations
1. All official declarations of candidacy for federal office must be made within the official “Candidate Declaration Thread”. This thread must be clearly indicated and pinned by a moderator and shall be managed by the federal election authority.
2. All candidacy declarations must clearly state the office being sought. A declaration which states or otherwise clearly indicates an election month shall be considered a declaration for the election for the relevant office in that month if such an election is scheduled and shall be invalid if there is no such election. If no date is given, the declaration shall be assumed to be for the next scheduled election for the office.
a. Should an incumbent officeholder holding one elected office merely state they are running for reelection, it should be assumed that they will seek their current office once again in the next scheduled election.
3. The declaration period for a special election for the House of Representatives shall begin when the vacancy is officially created, and no declaration from before this point shall be considered for the special election. All declarations for a special election must clearly state that the candidate seeks to run in the special election - any declaration that does not state this shall be evaluated in accordance with Clause 3.2.
4. The declaration period for any regularly scheduled or special election for the House of Representatives shall terminate seventy-two hours (three days) prior to the scheduled commencement of the election. No declaration made after this time shall be valid.
5. The declaration period for Presidential elections shall terminate one hundred and sixty-eight hours prior to the scheduled commencement of the election. No Presidential declaration made after this time shall be valid, but a Presidential candidate shall have until seventy-two hours prior to the scheduled commencement of the election to finalize their Vice Presidential running mate - any Presidential candidacies which are not part of a valid Presidential ticket, consisting of two distinct, constitutionally eligible citizens as candidates for President and Vice President, by this time shall be invalid.
6. For a Presidential ticket to be valid, both candidates on the ticket must clearly indicate their assent to being on the ticket in question in the Candidate Declaration Thread.
7. Any ticket or candidate satisfying the above requirements as well as all constitutional requirements to run for the office in question shall appear on the ballot for that office.

Section 4. Voter Eligibility.
1. A registered voter shall only be eligible to vote in a federal election if they have been registered continuously for at least one hundred and sixty-eight hours immediately prior to the commencement of the election.
2. A registered voter shall only be eligible to vote in a federal election if they have made at least ten posts from their account in the seventy days (ten weeks) immediately prior to the commencement of the election.

Section 5. Voting Booth and Ballot.
1. Whenever possible, the Cabinet member assigned the portfolio of federal election authority shall be the administrator of the voting booth. If they are absent or unable to administer the voting booth, then the President shall designate an executive officer to do so instead. The designated officer retains all powers and responsibilities of the federal election authority for the election in question.
a. If, in the scenario described in the above subsection, the President fails to designate an officer to fulfill the responsibilities of voting booth administrator more than twelve hours prior to commencement of the election, the Vice President shall take on the role.
2. The federal election authority is recommended to give registered voters seven days advance public notice in the Atlas Fantasy Elections board of the hours voting will take place in any federal election. The federal election authority shall post a sample ballot no later than 24 hours prior to the commencement of a federal election.
3. The federal election authority shall be free to design the ballot as they see fit, provided that they adhere to the requirements set out in Section 3 of this Act as well as the following:
a. All candidates must be listed by their permanent Atlas Forum username, unless they have requested otherwise. Such a request shall be granted, unless it would confuse them with another user.
b. All candidates must be listed with their state of registration.
c. All candidates must be listed with their registered political party, with the following exceptions:
i. A party may, at its discretion as determined by individual bylaws, prohibit any candidate from appearing on the ballot with it's official party name. This decision must be made and reported to the relevant election administrators at least 48 hours in advance of the start of the election. (Continuation of F.L. 15-05§2.3)
ii. If a candidate who is a member of a political party has been barred from appearing on the ballot with that party’s name in accordance with the above clause, but has been endorsed by another party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot under that party’s name with “(endorsed)” appended to the end of the name. Otherwise, their party shall be listed as “Unaffiliated”
iii. If an independent has been endorsed by a political party in accordance with their bylaws, then the candidate may choose, with the assent of the chair of the endorsing party, to appear on the ballot with their party listed as “Independent ([endorsing party name])
d. During Presidential elections, the candidate listing for Presidential tickets and House of Representatives should be clearly separated, with a clear indication of which is which.
e. The ballot must contain a link to the most recent version of this act.
f. All elements of the ballot must be clearly visible and accessible.

Section 6. Voting.
1. Presidential elections in Atlasia shall be conducted using instant-runoff voting as described in subsection 7.1 - voters shall list a preference order for some, none, or all of the candidates.
2. Elections to the House of Representatives shall be conducted using single transferable vote as described in subsection 7.3 - voters shall list a preference order for some, none, or all of the candidates.
3. In any election, other than a run-off election, a voter may choose to cast a write-in vote. Any vote for a candidate who does not appear on the ballot shall be considered a write-in vote for that candidate.
4. No write-in for the House of Representatives shall be considered valid unless the candidate in question has accepted write-ins for the office by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for themselves. Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
5. No write-in for the Presidential election shall be considered valid unless it is cast for a complete ticket and both candidates in question have accepted write-ins for the specific ticket in question by either stating as such in the Candidate Declaration Thread or by casting a vote in the election that includes a write-in for that same ticket.  Votes for an unaccepted write-in shall automatically skip to the next preference during evaluation.
6. No voter may edit their ballot once twenty minutes have passed since its casting, nor may they delete their own ballot - either of these actions render the voter invalid for the election, and neither that ballot nor any other ballot cast by that voter in the same election shall be counted.
7. If, in any race, only one candidate or ticket has been marked or listed on a ballot, then that ballot shall be considered a first preference vote for that candidate with no other preferences in that race.
8. If a ballot lists a Presidential candidate with no vice presidential candidate, and that presidential candidate is listed on the official ballot exactly once, on a presidential ticket, then the vote shall be considered a vote for that ticket.
9. If a ballot uses multiple indistinguishable or insortable marks to list candidates being voted for, or orders candidates without placing a mark next to them in a manner that is clearly distinguishable from reposting the exact initial ballot without marking any candidate, then the order in which the candidates are listed on that ballot shall be considered the preference order of that ballot.

Section 7. Determination of the winner.
1. In Presidential elections, instant runoff voting shall be used to determine the winner, with the exact procedure used as follows:
a. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
b. Should any ticket command an absolute majority of valid unexhausted votes, that ticket shall be the winner of the election.
c. If no ticket commands an absolute majority of valid unexhausted votes, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced uneliminated ticket, and shall be exhausted if there are no such preferences.
d. The process outlined in clause (c) shall be continuously applied until a ticket commands an absolute majority of valid unexhausted votes, at which point that ticket shall be the winner of the election.
e. Should there be a tie for the lowest vote total, and more than two tickets remain uneliminated, then the tied ticket with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one ticket to eliminate.
f. If such a tie cannot be resolved by the above clause, and the question of which of the tickets that remain tied should be eliminated does not affect the final election winner, then the elections authority may choose one of the tickets to eliminate first. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. Should there be only two tickets remaining, tied with exactly half of the valid unexhausted vote each, then a runoff election between the two tickets shall be held.
h. If a ticket is involved in a tie which requires probabilistic methods or a runoff to resolve, then that ticket may instead choose to concede the election by a declaration of both members of the ticket in the Candidate Declaration Thread. Any ticket that chooses to concede shall be eliminated immediately, unless every uneliminated ticket is involved in a tie and all have chosen to concede, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.
2. Special elections for a single seat in the House of Representatives shall be conducted in the same manner as presidential elections as described above, with “candidate” replacing “ticket” where appropriate.
3. In elections for multiple seats in the House of Representatives, single transferable vote shall be used to determine the winner, with the exact procedure as follows:
a. The federal election authority shall calculate the quota for election based on the number of valid votes cast and the number of seats to fill using the Droop quota formula as follows: Quota =  ⌊valid votes cast/(seats to be elected +1)⌋ +1
b. Each vote shall be allocated to their highest validly preferenced ticket, and shall be exhausted if there are no valid preferences.
c. The election count shall be evaluated as follows, continuing through indefinitely until the evaluation is complete:
i. If the number of candidates elected by meeting or exceeding the quota is equal to the number of seats to elect, then the evaluation is complete.
ii. If the number of candidates elected plus the number of candidates-in-evaluation (candidates who have been neither elected nor eliminated) is equal to the number of seats to elect, then all such candidates are elected and the evaluation is complete.
iii. If neither of the above criteria are fulfilled, and one or more candidates have met or exceeded the quota, then those candidates are elected and any surplus over quota is redistributed proportionally according to the next valid preference for a candidate-in-evaluation of each of their votes.
iv. If none of the above criteria are fulfilled, then the candidate with the lowest vote total shall be eliminated, and their votes reallocated to their next validly preferenced candidate-in-evaluation.
d. Should there be a tie for the lowest vote total in an evaluation at stage (iv), then the tied candidate with the least number of first-valid-preference votes shall be eliminated. Should this also be a tie, then the tickets in this tie shall be evaluated by second-valid-preference votes, then by third-valid-preference votes, and so on and so forth until a determination is reached on one candidate to eliminate.
e. If such a tie cannot be resolved by the above clause, and the question of which of the candidates that remain tied should be eliminated does not affect the final list of elected candidates, then the elections authority may choose one of the candidates to eliminate first. f. If it does affect the final result, then the determination shall be made by virtual coin toss or other probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.
g. If a candidate is involved in a tie which requires probabilistic methods to resolve, then that candidate may instead choose to concede the election by posting a declaration in the Candidate Declaration Thread. Any candidate that chooses to concede shall be eliminated immediately, unless eliminating all conceding candidates causes the sum of the number of elected candidates and candidates-in-evaluation to fall below the number of seats to elect, in which case no concession shall be taken into account. To be valid, any such concession must be made within 24 hours of certification.

Section 8. Election Certification.
1. When the voting period has expired, the administrator of the voting booth or a moderator of the Forum shall lock the thread containing the voting booth. The thread shall not be unlocked thereafter.
2. Certification of the election result shall be conducted as soon as reasonably possible after the voting booth is closed. The certification shall be carried out by the federal election authority, or, if they are unavailable, by an appointed surrogate. Should the federal election authority fail to name such a surrogate, the President may choose to do so instead.
3. The certification of a federal election must list all voters whose ballots the election authority has discounted as well as the reason for discounting them. Ballots may only discounted if they are invalid under the law or if the election administrator, in using the procedures in section 6 as well as their own judgment, cannot reasonably determine the intent of the ballot. Indeterminable intent of a ballot in the race for one office shall not affect the counting of the ballot for any other office, and if the ballot has determinable intent up until a certain preference, it shall be counted as a valid vote with all preceding preferences intact, exhausting once the indeterminable preference is reached.
4. Once the federal election authority is content that certification is complete, they shall post an official certification. This certification must clearly indicate its official status, and must be made in the department thread of the federal election authority. An official certification is completely final and may only be altered by order of the Supreme Court of Atlasia. Nothing in this clause shall be construed to prohibit the posting of unofficial preliminary certifications by the federal election authority provided that such certifications are not indicated as official.
5. Lawsuits challenging the validity of certified election results shall only be valid if filed within one hundred and sixty-eight hours (seven days) of certification, unless the certification results in a runoff election, in which case such lawsuits shall only be valid if filed prior to the scheduled commencement of the runoff.

Continued in next post.

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Adam Griffin
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« Reply #542 on: October 01, 2019, 09:03:58 PM »

and 2/2

Quote
Quote
Section 9. Runoffs.
1. Runoff elections shall commence exactly one hundred and sixty-eight hours after the commencement of the associated initial election, and terminate exactly seventy-two hours after beginning.
2. The tied candidates/tickets shall be entered on to the ballot, and no other candidates/tickets or options, including a write-in option, shall be included.
3. A vote may only be cast for one candidate/ticket. If a vote is cast with multiple preferences, only its first valid preference shall be counted.
4. At the close of voting, the candidate/ticket with more votes shall be the winner.
5. If, in a Presidential runoff, both tickets have the same number of votes, then the tickets may choose to concede by a declaration of both members of the ticket in the Candidate Declaration Thread. If one ticket chooses to concede, then the other shall be the winner. If neither ticket or both tickets choose to concede, then the election will result in a split presidential term, with one ticket’s term of office coinciding with the Congress whose House of Representatives was elected at the same election, and the other ticket’s term of office coinciding with the subsequent Congress. The order of the terms shall be determined as follows:
a. If both tickets reach an agreement on the order of their terms, then this agreement shall be abided by. Once both tickets have indicated their assent, such an agreement cannot be reversed.
b. If no agreement has been reached, and one of the tickets’ Presidential candidate is the incumbent President, then that ticket shall serve the earlier term of offiice
c. If neither of the above criteria are fulfilled, and the incumbent Vice President is on one of the tickets, then that ticket shall serve the earlier term of office.
d. If none of the above criteria are fulfilled, than the ticket whose Presidential candidate has a lower User ID number shall serve the earlier term of office.
6. If, in a runoff for a single seat in the House of Representatives, both candidates have the same number of votes, then the candidates may choose to concede by a declaration in the Candidate Declaration Thread. If one candidate chooses to concede, then the other shall be the winner. If neither candidate or both candidates choose to concede, the determination of the winner shall be made by virtual coin toss or other fair probabilistic method with terms agreed to by the tickets, or, should no agreement be reached, with terms set by the federal election authority.

Section 10. Emergency Election Authorization.
1. Should a significant calamity in the operation of Atlasia occur, leaving the federal election authority portfolio unassigned, the Presidency vacant, and the Presidential line of succession completely empty, with too few members in either House of Congress to elect a presiding officer, then the moderators of the Atlas Fantasy Elections board and modadmins and administrators of the Atlas Forum are statutorily authorized to hold a special election for the House of Representatives so that a Speaker may be elected and elevated to the Presidency.

Section 11. Absentee Voting. (Continuation of F.L. 6-7)
1. All voters shall have the right to cast absentee votes after the candidacy declaration period has expired.
2. Upon the candidacy declaration deadline occurring the Secretary of Federal Elections shall publicly post that absentee voting application has opened. In the event of runoff elections, once the need for a runoff election is known, the Secretary of Federal Elections shall publicly post that absentee voting application has opened.
3. Voters wishing to apply for an absentee vote shall notify this publicly in a manner specified by the Secretary of Federal Elections.
4. The Secretary of Federal Elections shall then grant the request to absentee vote publicly, at which point the voter may proceed to vote in the Absentee Voting Booth.
5. Absentee Voters shall post their votes in the same format as if it were a regular ballot, and they shall be subject to the same rules and regulations as regular ballots.
6. Should an Absentee Voter post more than 5 times anywhere on the Atlas Forum in the regular election period, their absentee vote shall be nullified and treated as non extant.
7. Any person who has their absentee vote nullified may vote again by regular ballot.
8. Any person who votes by regular ballot after voting by absentee ballot, shall have their absentee ballot treated as non-extant.
9. Persons who attempt to vote in the Absentee thread without prior notification of the Secretary of Federal Elections shall have that vote treated as non-extant.

Section 12. Effective Date.
1. This act shall take effect upon passage by both houses of Congress and signature of the President of Atlasia.
People's Regional Senate
Pending

Sponsor: Ontario Progressive
Senate Designation: SB20:08
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Mr. Reactionary
blackraisin
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« Reply #543 on: October 03, 2019, 06:21:35 AM »

Quote
CULTS ARE BAD ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "Cults Are Bad Act”.

SECTION 2.

1. The organization known as the Church of Scientology and all entities connected to said group, may not be exempt from paying any federal taxes that would otherwise be placed on it.

Sorry. Discrimination amongst religions violates the establishment clause. And whether or not a cult is also a religion is determined based on the sincerity of belief of the worshipper.

https://www.oyez.org/cases/1981/80-1666
https://www.oyez.org/cases/1992/91-948
https://en.m.wikipedia.org/wiki/United_States_v._Ballard
https://www.oyez.org/cases/1980/79-952



So can anything just claim to be a religion? I'm not very informed on this but you could probably interpret it so that the Church of Scientology isn't defined as one. It had to pay taxes before the 90s iirc.


The metric is "sincerity of belief". The government cant determine if a religion is "true" or not. It can however determine if the church actually believes what it professes or if its just a scam.
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Dr. MB
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« Reply #544 on: October 06, 2019, 08:05:58 PM »

Withdrawing the Cults Are Bad Act from the floor because of Mr. Reactionary's concerns
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Dr. MB
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« Reply #545 on: October 06, 2019, 08:12:01 PM »

Quote
KING DAVE ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

Quote
SECTION 1.

1. This Act may be cited as the "King Dave Act”.

SECTION 2.

1. a. Dave Leip shall be considered an eternal citizen of the Republic of Atlasia, as an Independent in the state of New York.
b. He shall not be subject to normal automatic deregistration provisions, regardless of whether he votes in Atlasian elections.
c. He shall receive all rights and privileges normally reserved for citizens of Atlasia.
2. The Registrar General shall update the census accordingly.


SECTION 3.
1. Should Dave Leip register in the New Register Thread, this Act shall become null and void.
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At-Large Senator LouisvilleThunder
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« Reply #546 on: October 13, 2019, 02:18:57 PM »

Filing/prefiling/just don't want this to get lost between Congresses if we don't get to this before the end of session.


Quote
Protecting Atlasian Knife Rights Act

House Bill
To protect the right of law-abiding citizens to transport knives interstate

Quote
Section 1: Title
This Act may be cited as the Protecting Atlasian Knife Rights Act.

Section 2: Interstate Transportation of Knives
(a)Definition
In this Act, the term transport—

(1)includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, or medical treatment, and any other activity related to the journey of a person; and
(2)does not include transport of a knife with the intent to commit an offense punishable by imprisonment for a term exceeding 1 year involving the use or threatened use of force against another person, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, the journey.

(b)Transport of knives
(1)In general
Notwithstanding any other provision of any law or any rule or regulation of a Region, a person who is not otherwise prohibited by any Federal law from possessing, transporting, shipping, or receiving a knife shall be entitled to transport a knife for any lawful purpose from any place where the person may lawfully possess, carry, or transport the knife to any other place where the person may lawfully possess, carry, or transport the knife if—

(A)in the case of transport by motor vehicle, the knife—
(i)is not directly accessible from the passenger compartment of the motor vehicle; or
(ii)in the case of a motor vehicle without a compartment separate from the passenger compartment, is contained in a locked container other than the glove compartment or console; and
(B)in the case of transport by means other than a motor vehicle, including any transport over land or on or through water, the knife is contained in a locked container.
(2)Limitation
This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration.

(c)Emergency knives
(1)In general
A person—

(A)may carry in the passenger compartment of a mode of transportation a knife or tool—
(i)the blades of which consist only of a blunt tipped safety blade, a guarded blade, or both; and
(ii)that is specifically designed for enabling escape in an emergency by cutting safety belts; and
(B)shall not be required to secure a knife or tool described in subparagraph (A) in a locked container.
(2)Limitation
This subsection shall not apply to the transport of a knife or tool in the cabin of a passenger aircraft subject to the rules and regulations of the Transportation Security Administration.

(d)No arrest
A person who is transporting a knife in compliance with this section may not be arrested for violation of any law, rule, or regulation of a Region for possession, transport, or carrying of a knife, unless there is probable cause to believe that the person is not in compliance with subsection (b).

(e)Costs
If a person who asserts this section as a claim or defense in a civil or criminal action or proceeding is a prevailing party on the claim or defense, the court shall award costs and reasonable attorney's fees incurred by the person.

(f)Expungement
If a person who asserts this section as a claim or defense in a criminal proceeding is a prevailing party on the claim or defense, the court shall enter an order that directs that there be expunged from all official records all references to—

(1)the arrest of the person for the offense as to which the claim or defense was asserted;
(2)the institution of any criminal proceedings against the person relating to such offense; and
(3)the results of the proceedings, if any.

(g)Rule of construction
Nothing in this section shall be construed to limit any right to possess, carry, or transport a knife under applicable Regional law.
I'll cosponsor this now.
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LGC Speaker & Former PPT Dwarven Dragon
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« Reply #547 on: October 20, 2019, 01:00:30 PM »
« Edited: October 20, 2019, 05:03:47 PM by Congressman Dwarven Dragon »

filing this for use by the next session of Congress. Would urge someone to sponsor. This is the RL S 1129.


Quote
A BILL
To establish a Medicare-for-all national health insurance program.

Be it enacted by the Senate and House of Representatives of Atlasia in Congress assembled,


SECTION 1. SHORT TITLE; RULE OF CONSTRUCTION; TABLE OF CONTENTS.
(a) Short Title.—This Act may be cited as the “Medicare for All Act of 2019”.

(b) Rule of Construction. - Where this bill creates or assigns duties to offices or persons that do not exist in-game, such entities are considered to be NPCs and shall be controlled by the Game Engine. Further, where this bill contradicts with other bills, this bill's language shall take precedence.

(c) Table Of Contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.
TITLE I—ESTABLISHMENT OF THE UNIVERSAL MEDICARE PROGRAM; UNIVERSAL ENTITLEMENT; ENROLLMENT

Sec. 101. Establishment of the Universal Medicare Program.
Sec. 102. Universal entitlement.
Sec. 103. Freedom of choice.
Sec. 104. Non-discrimination.
Sec. 105. Enrollment.
Sec. 106. Effective date of benefits.
Sec. 107. Prohibition against duplicating coverage.
TITLE II—COMPREHENSIVE BENEFITS, INCLUDING PREVENTIVE BENEFITS AND BENEFITS FOR LONG-TERM CARE

Sec. 201. Comprehensive benefits.
Sec. 202. No cost-sharing.
Sec. 203. Exclusions and limitations.
Sec. 204. Coverage of institutional long-term care services under Medicaid.
Sec. 205. Prohibiting recovery of correctly paid Medicaid benefits.
Sec. 206. State standards.
TITLE III—PROVIDER PARTICIPATION

Sec. 301. Provider participation and standards.
Sec. 302. Qualifications for providers.
Sec. 303. Use of private contracts.
TITLE IV—ADMINISTRATION
Subtitle A—General Administration Provisions

Sec. 401. Administration.
Sec. 402. Consultation.
Sec. 403. Regional administration.
Sec. 404. Beneficiary ombudsman.
Sec. 405. Complementary conduct of related health programs.
Subtitle B—Control Over Fraud And Abuse

Sec. 411. Application of Federal sanctions to all fraud and abuse under Universal Medicare Program.
TITLE V—QUALITY ASSESSMENT

Sec. 501. Quality standards.
Sec. 502. Addressing health care disparities.
TITLE VI—HEALTH BUDGET; PAYMENTS; COST CONTAINMENT MEASURES
Subtitle A—Budgeting

Sec. 601. National health budget.
Subtitle B—Payments To Providers

Sec. 611. Payments to institutional and individual providers.
Sec. 612. Ensuring accurate valuation of services under the Medicare physician fee schedule.
Sec. 613. Office of primary health care.
Sec. 614. Payments for prescription drugs and approved devices and equipment.
TITLE VII—UNIVERSAL MEDICARE TRUST FUND

Sec. 701. Universal Medicare Trust Fund.
TITLE VIII—CONFORMING AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

Sec. 801. Prohibition of employee benefits duplicative of benefits under the Universal Medicare Program; coordination in case of workers’ compensation.
Sec. 802. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans.
Sec. 803. Effective date of title.
TITLE IX—ADDITIONAL CONFORMING AMENDMENTS

Sec. 901. Relationship to existing Federal health programs.
Sec. 902. Sunset of provisions related to the State Exchanges.
TITLE X—TRANSITION
Subtitle A—Transitional Medicare Buy-In Option And Transitional Public Option

Sec. 1001. Lowering the Medicare age.
Sec. 1002. Establishment of the Medicare transition plan.
Subtitle B—Transitional Medicare Reforms

Sec. 1011. Medicare protection against high out-of-pocket expenditures for fee-for-service benefits and elimination of parts A and B de­duct­ibles.
Sec. 1012. Reduction in Medicare part D annual out-of-pocket threshold and elimination of cost-sharing above that threshold.
Sec. 1013. Coverage of dental and vision services and hearing aids and examinations under Medicare part B.
Sec. 1014. Eliminating the 24-month waiting period for Medicare coverage for individuals with disabilities.
Sec. 1015. Guaranteed issue of Medigap policies.
Subtitle C—Private Health Insurance Availability During Transitional Period

Sec. 1021. Continuity of care.
TITLE XI—MISCELLANEOUS

Sec. 1101. Updating resource limits for Supplemental Security Income eligibility (SSI).
Sec. 1102. Definitions.
TITLE I—ESTABLISHMENT OF THE UNIVERSAL MEDICARE PROGRAM; UNIVERSAL ENTITLEMENT; ENROLLMENT

SEC. 101. ESTABLISHMENT OF THE UNIVERSAL MEDICARE PROGRAM.
There is hereby established a national health insurance program to provide comprehensive protection against the costs of health care and health-related services, in accordance with the standards specified in, or established under, this Act.


SEC. 102. UNIVERSAL ENTITLEMENT.
(a) In General.—Every individual who is a resident of the United States is entitled to benefits for health care services under this Act. The Secretary shall promulgate a rule that provides criteria for determining residency for eligibility purposes under this Act.

(b) Treatment Of Other Individuals.—The Secretary—

(1) may make eligible for benefits for health care services under this Act other individuals not described in subsection (a) and regulate their eligibility to ensure that every person in the United States has access to health care; and

(2) shall promulgate a rule, consistent with Federal immigration laws, to prevent an individual from traveling to the United States for the sole purpose of obtaining health care services provided under this Act.


SEC. 103. FREEDOM OF CHOICE.
Any individual entitled to benefits under this Act may obtain health services from any institution, agency, or individual qualified to participate under this Act.


SEC. 104. NON-DISCRIMINATION.
(a) In General.—No person shall, on the basis of race, color, national origin, age, disability, or sex, including sex stereotyping, gender identity, sexual orientation, and pregnancy and related medical conditions (including termination of pregnancy), be excluded from participation in, be denied the benefits of, or be subjected to discrimination by any participating provider as defined in section 301, or any entity conducting, administering, or funding a health program or activity, including contracts of insurance, pursuant to this Act.

(b) Claims Of Discrimination.—

(1) IN GENERAL.—The Secretary shall establish a procedure for adjudication of administrative complaints alleging a violation of subsection (a).

(2) JURISDICTION.—Any person aggrieved by a violation of subsection (a) by a covered entity may file suit in any district court of the United States having jurisdiction of the parties.

(3) DAMAGES.—If the court finds a violation of subsection (a), the court may grant compensatory and punitive damages, declaratory relief, injunctive relief, attorneys’ fees and costs, or other relief as appropriate.


SEC. 105. ENROLLMENT.
(a) In General.—The Secretary shall provide a mechanism for the enrollment of individuals eligible for benefits under this Act. The mechanism shall—

(1) include a process for the automatic enrollment of individuals at the time of birth in the United States or upon the establishment of residency in the United States;

(2) provide for the enrollment, as of the date described in section 106, of all individuals who are eligible to be enrolled as of such date; and

(3) include a process for the enrollment of individuals made eligible for health care services under section 102(b).

(b) Issuance Of Universal Medicare Cards.—In conjunction with an individual’s enrollment for benefits under this Act, the Secretary shall provide for the issuance of a Universal Medicare card that shall be used for purposes of identification and processing of claims for benefits under this program. The card shall not include an individual’s Social Security number.


SEC. 106. EFFECTIVE DATE OF BENEFITS.
(a) In General.—Except as provided in subsection (b), benefits shall first be available under this Act for items and services furnished on January 1 of the fourth calendar year that begins after the date of enactment of this Act.

(b) Coverage For Children.—

(1) IN GENERAL.—For any eligible individual who has not yet attained the age of 19, benefits shall first be available under this Act for items and services furnished on January 1 of the first calendar year that begins after the date of enactment of this Act.

(2) OPTION TO CONTINUE IN OTHER COVERAGE DURING TRANSITION PERIOD.—Any person who is eligible to receive benefits as described in paragraph (1) may opt to maintain any coverage described in section 901, private health insurance coverage, or coverage offered pursuant to subtitle A of title X (including the amendments made by such subtitle) until the effective date described in subsection (a).


SEC. 107. PROHIBITION AGAINST DUPLICATING COVERAGE.
(a) In General.—Beginning on the effective date described in section 106(a), it shall be unlawful for—

(1) a private health insurer to sell health insurance coverage that duplicates the benefits provided under this Act; or

(2) an employer to provide benefits for an employee, former employee, or the dependents of an employee or former employee that duplicate the benefits provided under this Act.

(b) Construction.—Nothing in this Act shall be construed as prohibiting the sale of health insurance coverage for any additional benefits not covered by this Act, including additional benefits that an employer may provide to employees or their dependents, or to former employees or their dependents.

TITLE II—COMPREHENSIVE BENEFITS, INCLUDING PREVENTIVE BENEFITS AND BENEFITS FOR LONG-TERM CARE

SEC. 201. COMPREHENSIVE BENEFITS.
(a) In General.—Subject to the other provisions of this title and titles IV through IX, individuals enrolled for benefits under this Act are entitled to have payment made by the Secretary to an eligible provider for the following items and services if medically necessary or appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition:

(1) Hospital services, including inpatient and outpatient hospital care, including 24-hour-a-day emergency services and inpatient prescription drugs.

(2) Ambulatory patient services.

(3) Primary and preventive services, including chronic disease management.

(4) Prescription drugs, medical devices, biological products, including outpatient prescription drugs, medical devices, and biological products.

(5) Mental health and substance abuse treatment services, including inpatient care.

(6) Laboratory and diagnostic services.

(7) Comprehensive reproductive, maternity, and newborn care.

(8) Pediatrics, including early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r) of the Social Security Act (42 U.S.C. 1396d(r))).

(9) Oral health, audiology, and vision services.

(10) Short-term rehabilitative and habilitative services and devices.

(11) Emergency services and transportation.

(12) Necessary transportation to receive health care services for individuals with disabilities and low-income individuals.

(13) Home and community-based long-term services and supports (to be provided in accordance with the requirements for home and community-based settings under sections 441.530 and 441.710 of title 42, Code of Federal Regulations), including—

(A) services described in paragraphs (7), (8), (13), (19), and (24) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a));

(B) home and community-based services described in subsection (c)(4)(B) of section 1915 of the Social Security Act (including habilitation services defined in subsection (c)(5) of such section);

(C) self-directed home and community-based services described in subsection (i) of section 1915 of the Social Security Act;

(D) self-directed personal assistance services (as defined in subsection (j)(4)(A) of section 1915 of the Social Security Act); and

(E) home and community-based attendant services and supports described in subsection (k) of section 1915 of the Social Security Act.

(b) Revision And Adjustment.—The Secretary shall, on a regular basis, evaluate whether the benefits package should be improved or adjusted to promote the health of beneficiaries, account for changes in medical practice or new information from medical research, or respond to other relevant developments in health science, and shall make recommendations to Congress regarding any such improvements or adjustments.

(c) Complementary And Integrative Medicine.—

(1) IN GENERAL.—In carrying out subsection (b), the Secretary shall consult with the persons described in paragraph (1) with respect to—

(A) identifying specific complementary and integrative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include in the benefits package; and

(B) identifying barriers to the effective provision and integration of such practices into the delivery of health care, and identifying mechanisms for overcoming such barriers.

(2) CONSULTATION.—In accordance with paragraph (1), the Secretary shall consult with—

(A) the Director of the National Center for Complementary and Integrative Health;

(B) the Commissioner of Food and Drugs;

(C) institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and integrative medicine and the integration of such practices into the delivery of health care;

(D) nationally recognized providers of complementary and integrative medicine; and

(E) such other officials, entities, and individuals with expertise on complementary and integrative medicine as the Secretary determines appropriate.

(d) States May Provide Additional Benefits.—Individual States may provide additional benefits for the residents of such States at the expense of the State.


SEC. 202. NO COST-SHARING.
(a) In General.—The Secretary shall ensure that no cost-sharing, including deductibles, coinsurance, copayments, or similar charges, be imposed on an individual for any benefits provided under this Act, except as described in subsection (b).

(b) Exceptions.—The Secretary may set a cost-sharing schedule for prescription drugs and biological products—

(1) provided that—

(A) such schedule is evidence-based and encourages the use of generic drugs;

(B) such cost-sharing does not apply to preventive drugs;

(C) such cost-sharing does not exceed $200 annually per individual, adjusted annually for inflation; and

(D) such cost-sharing is not imposed on individuals with a household income equal to or below 200 percent of the poverty line for a family of the size involved; and

(2) under which the Secretary may exempt brand-name drugs from consideration in determining whether an individual has reached any out-of-pocket limit if a generic version of such drug is available.

(c) No Balance Billing.—Notwithstanding contracts in accordance with section 303, no provider may impose a charge to an enrolled individual for covered services for which benefits are provided under this Act.


SEC. 203. EXCLUSIONS AND LIMITATIONS.
(a) In General.—Benefits for services are not available under this Act unless the services meet the standards specified in section 201(a), as defined by the Secretary.

(b) Treatment Of Experimental Services And Drugs.—

(1) IN GENERAL.—In applying subsection (a), the Secretary shall make national coverage determinations with respect to services that are experimental in nature. Such determinations shall be consistent with the national coverage determination process as defined in section 1869(f)(1)(B) of the Social Security Act (42 U.S.C. 1395ff(f)(1)(B)).

(2) APPEALS PROCESS.—The Secretary shall establish a process by which individuals can appeal coverage decisions. The process shall, as much as is feasible, follow process for appeals under the Medicare program described in section 1869 of the Social Security Act (42 U.S.C. 1395ff).

(c) Application Of Practice Guidelines.—In the case of services for which the Department of Health and Human Services has recognized a national practice guideline, the services are considered to meet the standards specified in section 201(a) if they have been provided in accordance with such guideline. For purposes of this subsection, a service shall be considered to have been provided in accordance with a practice guideline if the health care provider providing the service exercised appropriate professional discretion to deviate from the guideline in a manner authorized or anticipated by the guideline.


SEC. 204. COVERAGE OF INSTITUTIONAL LONG-TERM CARE SERVICES UNDER MEDICAID.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting the following section after section 1946:

“STATE PLAN FOR PROVIDING INSTITUTIONAL LONG-TERM CARE SERVICES

“Sec. 1947. (a) In General.—For quarters beginning on or after date on which benefits are first available under section 106(a) of the Medicare for All Act of 2019, notwithstanding any other provision of this title—

“(1) a State plan for medical assistance shall provide for making medical assistance available for services that are institutional long-term care services in a manner consistent with this section; and

“(2) no payment to a State shall be made under this title with respect to expenditures incurred by the State in providing medical assistance on or after such date for services that are not—

“(A) institutional long-term care services; or

“(B) other services for which benefits are not available under the Medicare for All Act of 2019 and which are furnished under a State plan for medical assistance which provided for medical assistance for such services on September 1, 2018.

“(b) Institutional Long-Term Care Services Defined.—In this section, the term ‘institutional long-term care services’ means the following:

“(1) Nursing facility services for individuals 21 years of age or over described in subparagraph (A) of section 1905(a)(4).

“(2) Inpatient services for individuals 65 years of age or over provided in an institution for mental disease described in section 1905(a)(14).

“(3) Intermediate care facility services described in section 1905(a)(15).

“(4) Inpatient psychiatric hospital services for individuals under age 21 described in section 1905(a)(16).

“(5) Nursing facility services described in section 1905(a)(29).

“(c) Maintenance Of Effort.—

“(1) ELIGIBILITY STANDARDS.—

“(A) IN GENERAL.—Beginning on the date described in subsection (a), no payment may be made under section 1903 with respect to medical assistance provided under a State plan for medical assistance if the State adopts income, resource, or other standards and methodologies for purposes of determining an individual's eligibility for medical assistance under the State plan that are more restrictive than those applied as of January 1, 2019.

“(B) INDEXING OF AMOUNTS OF INCOME AND RESOURCE STANDARDS.—In determining whether a State has adopted income or resource standards that are more restrictive than the standards which applied as of January 1, 2019, the Secretary shall deem the amount of any such standard that was applied as of such date to be increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) from September of 2018 to September of the fiscal year for which the Secretary is making such determination.
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LGC Speaker & Former PPT Dwarven Dragon
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« Reply #548 on: October 20, 2019, 01:00:46 PM »

Quote
“(2) EXPENDITURES.—

“(A) IN GENERAL.—For each fiscal year or portion of a fiscal year that occurs during the period that begins on the first day of the first fiscal quarter that begins on or after the date on which benefits are first available under section 106(a) of the Medicare for All Act of 2019, as a condition of receiving payments under section 1903(a), a State shall make expenditures for medical assistance for services that are institutional long-term care services in an amount that is not less than the expenditure floor determined for the State and fiscal year (or portion of a fiscal year) under subparagraph (B).

“(B) EXPENDITURE FLOOR.—

“(i) IN GENERAL.—For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall determine for each State an expenditure floor that shall be equal to—

“(I) the amount of the State's expenditures for fiscal year 2018 on medical assistance for institutional long-term care services; increased by

“(II) the growth factor determined under subclause (ii).

“(ii) GROWTH FACTOR.—For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall, not later than September 1 of the fiscal year preceding such fiscal year or portion of a fiscal year, determine a growth factor for each State that takes into account—

“(I) the percentage increase in health care costs in the State;

“(II) the total amount expended by the State for the previous fiscal year on medical assistance for institutional long-term care services;

“(III) the increase, if any, in the total population of the State from July of 2018 to July of the fiscal year preceding the fiscal year involved;

“(IV) the increase, if any, in the population of individuals aged 65 and older of the State from July of 2018 to July of the fiscal year preceding the fiscal year involved; and

“(V) the decrease, if any, in the population of the State that requires medical assistance for institutional long-term care services that is attributable to the availability of coverage for the services described in section 201(a)(13) of the Medicare for All Act of 2019.

“(iii) PRORATION RULE.—Any amount determined under this subparagraph for a portion of a fiscal year shall be prorated based on the length of such portion of a fiscal year relative to a complete fiscal year.

“(d) Nonapplication Of Certain Requirements.—Beginning on the date described in subsection (a), any provision of this title requiring a State plan for medical assistance to make available medical assistance for services that are not institutional long-term care services or services described in section 901(a)(3)(A)(ii) of the Medicare for All Act of 2019 shall have no effect.”.


SEC. 205. PROHIBITING RECOVERY OF CORRECTLY PAID MEDICAID BENEFITS.
Section 1917 of the Social Security Act (42 U.S.C. 1396p) is amended—

(1) by amending subsection (a) to read as follows:


“(a) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual.”; and

(2) by amending subsection (b) to read as follows:


“(b) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made.”.


SEC. 206. STATE STANDARDS.
(a) In General.—Nothing in this Act shall prohibit individual States from setting additional standards, with respect to eligibility, benefits, and minimum provider standards, consistent with the purposes of this Act, provided that such standards do not restrict eligibility or reduce access to benefits or services.

(b) Restrictions On Providers.—With respect to any individuals or entities certified to provide services covered under section 201(a)(7), a State may not prohibit an individual or entity from participating in the program under this Act, for reasons other than the ability of the individual or entity to provide such services.

TITLE III—PROVIDER PARTICIPATION

SEC. 301. PROVIDER PARTICIPATION AND STANDARDS.
(a) In General.—An individual or other entity furnishing any covered service under this Act is not a qualified provider unless the individual or entity—

(1) is a qualified provider of the services under section 302;

(2) has filed with the Secretary a participation agreement described in subsection (b); and

(3) meets, as applicable, such other qualifications and conditions with respect to a provider of services under title XVIII of the Social Security Act as described in section 1866 of the Social Security Act (42 U.S.C. 1395cc).

(b) Requirements In Participation Agreement.—

(1) IN GENERAL.—A participation agreement described in this subsection between the Secretary and a provider shall provide at least for the following:

(A) Services to eligible persons will be furnished by the provider without discrimination, in accordance with section 104(a). Nothing in this subparagraph shall be construed as requiring the provision of a type or class of services that are outside the scope of the provider’s normal practice.

(B) No charge will be made to any enrolled individual for any covered services other than for payment authorized by this Act.

(C) The provider agrees to furnish such information as may be reasonably required by the Secretary, in accordance with uniform reporting standards established under section 401(b)(1), for—

(i) quality review by designated entities;

(ii) making payments under this Act, including the examination of records as may be necessary for the verification of information on which such payments are based;

(iii) statistical or other studies required for the implementation of this Act; and

(iv) such other purposes as the Secretary may specify.

(D) In the case of a provider that is not an individual, the provider agrees not to employ or use for the provision of health services any individual or other provider that has had a participation agreement under this subsection terminated for cause.

(E) In the case of a provider paid under a fee-for-service basis, the provider agrees to submit bills and any required supporting documentation relating to the provision of covered services within 30 days after the date of providing such services.

(2) TERMINATION OF PARTICIPATION AGREEMENT.—

(A) IN GENERAL.—Participation agreements may be terminated, with appropriate notice—

(i) by the Secretary for failure to meet the requirements of this Act; or

(ii) by a provider.

(B) TERMINATION PROCESS.—Providers shall be provided notice and a reasonable opportunity to correct deficiencies before the Secretary terminates an agreement unless a more immediate termination is required for public safety or similar reasons.

(C) PROVIDER PROTECTIONS.—

(i) PROHIBITION.—The Secretary may not terminate a participation agreement or in any other way discriminate against, or cause to be discriminated against, any covered provider or authorized representative of the provider, on account of such provider or representative—

(I) providing, causing to be provided, or being about to provide or cause to be provided to the provider, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the provider or representative reasonably believes to be a violation of, any provision of this title (or an amendment made by this title);

(II) testifying or being about to testify in a proceeding concerning such violation;

(III) assisting or participating, or being about to assist or participate, in such a proceeding; or

(IV) objecting to, or refusing to participate in, any activity, policy, practice, or assigned task that the provider or representative reasonably believes to be in violation of any provision of this Act (including any amendment made by this Act), or any order, rule, regulation, standard, or ban under this Act (including any amendment made by this Act).

(ii) COMPLAINT PROCEDURE.—A provider or representative who believes that he or she has been discriminated against in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.


SEC. 302. QUALIFICATIONS FOR PROVIDERS.
(a) In General.—A health care provider is considered to be qualified to provide covered services if the provider is licensed or certified and meets—

(1) all the requirements of State law to provide such services; and

(2) applicable requirements of Federal law to provide such services.

(b) Minimum Provider Standards.—

(1) IN GENERAL.—The Secretary shall establish, evaluate, and update national minimum standards to ensure the quality of services provided under this Act and to monitor efforts by States to ensure the quality of such services. A State may also establish additional minimum standards which providers shall meet with respect to services provided in such State.

(2) NATIONAL MINIMUM STANDARDS.—The national minimum standards under paragraph (1) shall be established for institutional providers of services and individual health care practitioners. Except as the Secretary may specify in order to carry out this Act, a hospital, skilled nursing facility, or other institutional provider of services shall meet standards for such a provider under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). Such standards also may include, where appropriate, elements relating to—

(A) adequacy and quality of facilities;

(B) training and competence of personnel (including continuing education requirements);

(C) comprehensiveness of service;

(D) continuity of service;

(E) patient satisfaction, including waiting time and access to services; and

(F) performance standards, including organization, facilities, structure of services, efficiency of operation, and outcome in palliation, improvement of health, stabilization, cure, or rehabilitation.

(3) TRANSITION IN APPLICATION.—If the Secretary provides for additional requirements for providers under this subsection, any such additional requirement shall be implemented in a manner that provides for a reasonable period during which a previously qualified provider is permitted to meet such an additional requirement.

(4) ABILITY TO PROVIDE SERVICES.—With respect to any entity or provider certified to provide services described in section 201(a)(7), the Secretary may not prohibit such entity or provider from participating for reasons other than its ability to provide such services.

(c) Federal Providers.—Any provider qualified to provide health care services through the Department of Veterans Affairs or Indian Health Service is a qualifying provider under this section with respect to any individual who qualifies for such services under applicable Federal law.


SEC. 303. USE OF PRIVATE CONTRACTS.
(a) In General.—Subject to the provisions of this subsection, nothing in this Act shall prohibit an institutional or individual provider from entering into a private contract with an enrolled individual for any item or service—

(1) for which no claim for payment is to be submitted under this Act; and

(2) for which the provider receives—

(A) no reimbursement under this Act directly or on a capitated basis; and

(B) receives no amount for such item or service from an organization which receives reimbursement for such items or service under this Act directly or on a capitated basis.

(b) Beneficiary Protections.—

(1) IN GENERAL.—Subsection (a) shall not apply to any contract unless—

(A) the contract is in writing and is signed by the beneficiary before any item or service is provided pursuant to the contract;

(B) the contract contains the items described in paragraph (2); and

(C) the contract is not entered into at a time when the beneficiary is facing an emergency health care situation.

(2) ITEMS REQUIRED TO BE INCLUDED IN CONTRACT.—Any contract to provide items and services to which subsection (a) applies shall clearly indicate to the beneficiary that by signing such contract the beneficiary—

(A) agrees not to submit a claim (or to request that the provider submit a claim) under this Act for such items or services even if such items or services are otherwise covered by this Act;

(B) agrees to be responsible, whether through insurance offered under section 107(b) or otherwise, for payment of such items or services and understands that no reimbursement will be provided under this Act for such items or services;

(C) acknowledges that no limits under this Act apply to amounts that may be charged for such items or services;

(D) if the provider is a non-participating provider, acknowledges that the beneficiary has the right to have such items or services provided by other providers for whom payment would be made under this Act; and

(E) acknowledges that the provider is providing services outside the scope of the program under this Act.

(c) Provider Requirements.—

(1) IN GENERAL.—Subsection (a) shall not apply to any contract unless an affidavit described in paragraph (2) is in effect during the period any item or service is to be provided pursuant to the contract.

(2) AFFIDAVIT.—An affidavit is described in this subparagraph shall—

(A) identify the practitioner, and be signed by such practitioner;

(B) provide that the practitioner will not submit any claim under this title for any item or service provided to any beneficiary (and will not receive any reimbursement or amount described in paragraph (1)(B) for any such item or service) during the 1-year period beginning on the date the affidavit is signed; and

(C) be filed with the Secretary no later than 10 days after the first contract to which such affidavit applies is entered into.

(3) ENFORCEMENT.—If a physician or practitioner signing an affidavit described in paragraph (2) knowingly and willfully submits a claim under this title for any item or service provided during the 1-year period described in paragraph (2)(B) (or receives any reimbursement or amount described in subsection (a)(2) for any such item or service) with respect to such affidavit—

(A) this subsection shall not apply with respect to any items and services provided by the physician or practitioner pursuant to any contract on and after the date of such submission and before the end of such period; and

(B) no payment shall be made under this title for any item or service furnished by the physician or practitioner during the period described in clause (i) (and no reimbursement or payment of any amount described in subsection (a)(2) shall be made for any such item or service).

TITLE IV—ADMINISTRATION
Subtitle A—General Administration Provisions

SEC. 401. ADMINISTRATION.
(a) General Duties Of The Secretary.—

(1) IN GENERAL.—The Secretary shall develop policies, procedures, guidelines, and requirements to carry out this Act, including related to—

(A) eligibility for benefits;

(B) enrollment;

(C) benefits provided;

(D) provider participation standards and qualifications, as described in title III;

(E) levels of funding;

(F) methods for determining amounts of payments to providers of covered services, consistent with subtitle B;

(G) the determination of medical necessity and appropriateness with respect to coverage of certain services;

(H) planning for capital expenditures and service delivery;

(I) planning for health professional education funding;

(J) encouraging States to develop regional planning mechanisms; and

(K) any other regulations necessary to carry out the purpose of this Act.

(2) REGULATIONS.—Regulations authorized by this Act shall be issued by the Secretary in accordance with section 553 of title 5, United States Code.

(b) Uniform Reporting Standards; Annual Report; Studies.—

(1) UNIFORM REPORTING STANDARDS.—

(A) IN GENERAL.—The Secretary shall establish uniform State reporting requirements and national standards to ensure an adequate national database containing information pertaining to health services practitioners, approved providers, the costs of facilities and practitioners providing such services, the quality of such services, the outcomes of such services, and the equity of health among population groups. Such standards shall include, to the maximum extent feasible without compromising patient privacy, health outcome measures, and to the maximum extent feasible without excessively burdening providers, the measures described in subparagraphs (D) through (F) of subsection (a)(1).

(B) REPORTS.—The Secretary shall regularly analyze information reported to it and shall define rules and procedures to allow researchers, scholars, health care providers, and others to access and analyze data for purposes consistent with quality and outcomes research, without compromising patient privacy.

(2) ANNUAL REPORT.—Beginning January 1 of the second year beginning after the effective date of this Act, the Secretary shall annually report to Congress on the following:

(A) The status of implementation of the Act.

(B) Enrollment under this Act.

(C) Benefits under this Act.

(D) Expenditures and financing under this Act.

(E) Cost-containment measures and achievements under this Act.

(F) Quality assurance.

(G) Health care utilization patterns, including any changes attributable to the program.

(H) Changes in the per-capita costs of health care.

(I) Differences in the health status of the populations of the different States, including income and racial characteristics, and other population health inequities.

(J) Progress on quality and outcome measures, and long-range plans and goals for achievements in such areas.

(K) Necessary changes in the education of health personnel.

(L) Plans for improving service to medically underserved populations.

(M) Transition problems as a result of implementation of this Act.

(N) Opportunities for improvements under this Act.

(3) STATISTICAL ANALYSES AND OTHER STUDIES.—The Secretary may, either directly or by contract—

(A) make statistical and other studies, on a nationwide, regional, State, or local basis, of any aspect of the operation of this Act;

(B) develop and test methods of payment or delivery as it may consider necessary or promising for the evaluation, or for the improvement, of the operation of this Act; and

(C) develop methodological standards for evidence-based policymaking.

(c) Audits.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct an audit of the Board every fifth fiscal year following the effective date of this Act to determine the effectiveness of the program in carrying out the duties under subsection (a).

(2) REPORTS.—The Comptroller General of the United States shall submit a report to Congress concerning the results of each audit conducted under this subsection.


SEC. 402. CONSULTATION.
The Secretary shall consult with Federal agencies, Indian tribes and urban Indian health organizations, and private entities, such as professional societies, national associations, nationally recognized associations of experts, medical schools and academic health centers, consumer and patient groups, and labor and business organizations in the formulation of guidelines, regulations, policy initiatives, and information gathering to ensure the broadest and most informed input in the administration of this Act. Nothing in this Act shall prevent the Secretary from adopting guidelines developed by such a private entity if, in the Secretary’s judgment, such guidelines are generally accepted as reasonable and prudent and consistent with this Act.

 
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LGC Speaker & Former PPT Dwarven Dragon
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« Reply #549 on: October 20, 2019, 01:01:28 PM »

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SEC. 403. REGIONAL ADMINISTRATION.
(a) Coordination With Regional Offices.—The Secretary shall establish and maintain regional offices to promote adequate access to, and efficient use of, tertiary care facilities, equipment, and services. Wherever possible, the Secretary shall incorporate regional offices of the Centers for Medicare & Medicaid Services for this purpose.

(b) Appointment Of Regional And State Directors.—In each such regional office there shall be—

(1) one regional director appointed by the Secretary;

(2) for each State in the region, a deputy director; and

(3) one deputy director to represent the Native American and Alaska Native tribes in the region.

(c) Regional Office Duties.—Regional offices shall be responsible for—

(1) providing an annual State health care needs assessment report to the Secretary, after a thorough examination of health needs, in consultation with public health officials, clinicians, patients, and patient advocates;

(2) recommending changes in provider reimbursement or payment for delivery of health services in the States within the region; and

(3) establishing a quality assurance mechanism in the State in order to minimize both under-utilization and over-utilization and to ensure that all providers meet high-quality standards.


SEC. 404. BENEFICIARY OMBUDSMAN.
(a) In General.—The Secretary shall appoint a Beneficiary Ombudsman who shall have expertise and experience in the fields of health care and education of, and assistance to, individuals entitled to benefits under this Act.

(b) Duties.—The Beneficiary Ombudsman shall—

(1) receive complaints, grievances, and requests for information submitted by individuals entitled to benefits under this Act with respect to any aspect of the Universal Medicare Program;

(2) provide assistance with respect to complaints, grievances, and requests referred to in subparagraph (a), including—

(A) assistance in collecting relevant information for such individuals, to seek an appeal of a decision or determination made by a regional office or the Secretary; and

(B) assistance to such individuals in presenting information under relating to cost-sharing; and

(3) submit annual reports to Congress and the Secretary that describe the activities of the Office and that include such recommendations for improvement in the administration of this Act as the Ombudsman determines appropriate. The Ombudsman shall not serve as an advocate for any increases in payments or new coverage of services, but may identify issues and problems in payment or coverage policies.


SEC. 405. COMPLEMENTARY CONDUCT OF RELATED HEALTH PROGRAMS.
In performing functions with respect to health personnel education and training, health research, environmental health, disability insurance, vocational rehabilitation, the regulation of food and drugs, and all other matters pertaining to health, the Secretary shall direct the activities of the Department of Health and Human Services toward contributions to the health of the people complementary to this Act.

Subtitle B—Control Over Fraud And Abuse

SEC. 411. APPLICATION OF FEDERAL SANCTIONS TO ALL FRAUD AND ABUSE UNDER UNIVERSAL MEDICARE PROGRAM.
The following sections of the Social Security Act shall apply to this Act in the same manner as they apply to State medical assistance plans under title XIX of such Act:

(1) Section 1128 (relating to exclusion of individuals and entities).

(2) Section 1128A (civil monetary penalties).

(3) Section 1128B (criminal penalties).

(4) Section 1124 (relating to disclosure of ownership and related information).

(5) Section 1126 (relating to disclosure of certain owners).

TITLE V—QUALITY ASSESSMENT

SEC. 501. QUALITY STANDARDS.
(a) In General.—All standards and quality measures under this Act shall be performed by the Center for Clinical Standards and Quality of the Centers for Medicare & Medicaid Services (referred to in this title as the “Center”), in coordination with the Agency for Healthcare Research and Quality and other offices of the Department of Health and Human Services.

(b) Duties Of The Center.—The Center shall perform the following duties:

(1) PRACTICE GUIDELINES.—The Center shall review and evaluate each practice guideline developed under part B of title IX of the Public Health Service Act. The Center shall determine whether the guideline should be recognized as a national practice guideline.

(2) STANDARDS OF QUALITY, PERFORMANCE MEASURES, AND MEDICAL REVIEW CRITERIA.—The Center shall review and evaluate each standard of quality, performance measure, and medical review criterion developed under part B of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.). The Center shall determine whether the standard, measure, or criterion is appropriate for use in assessing or reviewing the quality of services provided by health care institutions or health care professionals. In evaluating such standards, the Center shall consider the evidentiary basis for the standard, and the validity, reliability, and feasibility of measuring the standard.

(3) PROFILING OF PATTERNS OF PRACTICE; IDENTIFICATION OF OUTLIERS.—The Center shall adopt methodologies for profiling the patterns of practice of health care professionals and for identifying and notifying outliers.

(4) CRITERIA FOR ENTITIES CONDUCTING QUALITY REVIEWS.—The Center shall develop minimum criteria for competence for entities that can qualify to conduct ongoing and continuous external quality reviews in the administrative regions. Such criteria shall require such an entity to be administratively independent of the individual or board that administers the region and shall ensure that such entities do not provide financial incentives to reviewers to favor one pattern of practice over another. The Center shall ensure coordination and reporting by such entities to ensure national consistency in quality standards.

(5) REPORTING.—The Center shall report to the Secretary annually specifically on findings from outcomes research and development of practice guidelines that may affect the Secretary’s determination of coverage of services under section 401(a)(1)(G).


SEC. 502. ADDRESSING HEALTH CARE DISPARITIES.
(a) Evaluating Data Collection Approaches.—The Center shall evaluate approaches for the collection of data under this Act, to be performed in conjunction with existing quality reporting requirements and programs under this Act, that allow for the ongoing, accurate, and timely collection of data on disparities in health care services and performance on the basis of race, ethnicity, gender, geography, or socioeconomic status. In conducting such evaluation, the Secretary shall consider the following objectives:

(1) Protecting patient privacy.

(2) Minimizing the administrative burdens of data collection and reporting on providers under this Act.

(3) Improving Universal Medicare Program data on race, ethnicity, gender, geography, and socioeconomic status.

(b) Reports To Congress.—

(1) REPORT ON EVALUATION.—Not later than 18 months after the date on which benefits first become available as described in section 106(a), the Center shall submit to Congress and the Secretary a report on the evaluation conducted under subsection (a). Such report shall, taking into consideration the results of such evaluation—

(A) identify approaches (including defining methodologies) for identifying and collecting and evaluating data on health care disparities on the basis of race, ethnicity, gender, geography, or socioeconomic status under the Universal Medicare Program; and

(B) include recommendations on the most effective strategies and approaches to reporting quality measures, as appropriate, on the basis of race, ethnicity, gender, geography, or socioeconomic status.

(2) REPORT ON DATA ANALYSES.—Not later than 4 years after the submission of the report under subsection (b)(1), and 4 years thereafter, the Center shall submit to Congress and the Secretary a report that includes recommendations for improving the identification of health care disparities based on the analyses of data collected under subsection (c).

(c) Implementing Effective Approaches.—Not later than 2 years after the date on which benefits first become available as described in section 106(a), the Secretary shall implement the approaches identified in the report submitted under subsection (b)(1) for the ongoing, accurate, and timely collection and evaluation of data on health care disparities on the basis of race, ethnicity, gender, geography, or socioeconomic status.

TITLE VI—HEALTH BUDGET; PAYMENTS; COST CONTAINMENT MEASURES
Subtitle A—Budgeting

SEC. 601. NATIONAL HEALTH BUDGET.
(a) National Health Budget.—

(1) IN GENERAL.—By not later than September 1 of each year, beginning with the year prior to the date on which benefits first become available as described in section 106(a), the Secretary shall establish a national health budget, which specifies the total expenditures to be made for covered health care services under this Act.

(2) DIVISION OF BUDGET INTO COMPONENTS.—In addition to the cost of covered health services, the national health budget shall consist of at least the following components:

(A) Quality assessment activities under title V.

(B) Health professional education expenditures.

(C) Administrative costs.

(D) Innovation, including in accordance with section 1115A of the Social Security Act (42 U.S.C. 1315a).

(E) Operating and other expenditures not described in subparagraphs (A) through (D) (referred to in this Act as the “operating component”), consisting of amounts not included in the other components.

(F) Capital expenditures.

(G) Prevention and public health activities.

(3) ALLOCATION AMONG COMPONENTS.—The Secretary shall allocate the budget among the components in a manner that—

(A) ensures a fair allocation for quality assessment activities; and

(B) ensures that the health professional education expenditure component is sufficient to provide for the amount of health professional education expenditures sufficient to meet the need for covered health care services.

(4) TEMPORARY WORKER ASSISTANCE.—For up to 5 years following the date on which benefits first become available as described in section 106(a), up to 1 percent of the budget may be allocated to programs providing assistance to workers who perform functions in the administration of the health insurance system and who may experience economic dislocation as a result of the implementation of this Act.

(5) RESERVE FUND.—The Secretary shall establish and maintain a reserve fund to respond to the costs of treating an epidemic, pandemic, natural disaster, or other such health emergency.

(b) Definitions.—In this section:

(1) CAPITAL EXPENDITURES.—The term “capital expenditures” means expenses for the purchase, lease, construction, or renovation of capital facilities and for equipment and includes return on equity capital.

(2) HEALTH PROFESSIONAL EDUCATION EXPENDITURES.—The term “health professional education expenditures” means expenditures in hospitals and other health care facilities to cover costs associated with teaching and related research activities.

Subtitle B—Payments To Providers

SEC. 611. PAYMENTS TO INSTITUTIONAL AND INDIVIDUAL PROVIDERS.
(a) Application Of Payment Processes Under Title XVIII.—Except as otherwise provided in this section, the Secretary shall establish, by regulation, fee schedules that establish payment amounts for benefits under this Act in a manner that is consistent with processes for determining payments for items and services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), including the application of the provisions of, and amendments made by, section 612.

(b) Application Of Current And Planned Payment Reforms.—Any payment reform activities or demonstrations planned or implemented with respect to such title XVIII as of the date of the enactment of this Act shall apply to benefits under this Act, including any reform activities or demonstrations planned or implemented under the provisions of, or amendments made by, the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10) and the Patient Protection and Affordable Care Act (Public Law 111–148).


SEC. 612. ENSURING ACCURATE VALUATION OF SERVICES UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
(a) Standardized And Documented Review Process.—Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)) is amended by adding at the end the following new subparagraph:


“(P) STANDARDIZED AND DOCUMENTED REVIEW PROCESS.—

“(i) IN GENERAL.—Not later than one year after the date of enactment of this subparagraph, the Secretary shall establish, document, and make publicly available a standardized process for reviewing the relative values of physicians' services under this paragraph.

“(ii) MINIMUM REQUIREMENTS.—The standardized process shall include, at a minimum, methods and criteria for identifying services for review, prioritizing the review of services, reviewing stakeholder recommendations, and identifying additional resources to be considered during the review process.”.

(b) Planned And Documented Use Of Funds.—Section 1848(c)(2)(M) of the Social Security Act (42 U.S.C. 1305w–4(c)(2)(M)) is amended by adding at the end the following new clause:


“(x) PLANNED AND DOCUMENTED USE OF FUNDS.—For each fiscal year (beginning with the first fiscal year beginning on or after the date of enactment of this clause), the Secretary shall provide to Congress a written plan for using the funds provided under clause (ix) to collect and use information on physicians’ services in the determination of relative values under this subparagraph.”.

(c) Internal Tracking Of Reviews.—

(1) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a proposed plan for systematically and internally tracking its review of the relative values of physicians' services, such as by establishing an internal database, under section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)), as amended by this section.

(2) MINIMUM REQUIREMENTS.—The proposal shall include, at a minimum, plans and a timeline for achieving the ability to systematically and internally track the following:

(A) When, how, and by whom services are identified for review.

(B) When services are reviewed or when new services are added.

(C) The resources, evidence, data, and recommendations used in reviews.

(D) When relative values are adjusted.

(E) The rationale for final relative value decisions.

(d) Frequency Of Review.—Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)) is amended—

(1) in subparagraph (B)(i), by striking “5” and inserting “4”; and

(2) in subparagraph (K)(i)(I), by striking “periodically” and inserting “annually”.

(e) Consultation With Medicare Payment Advisory Commission.—

(1) IN GENERAL.—Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)) is amended—

(A) in subparagraph (B)(i), by inserting “in consultation with the Medicare Payment Advisory Commission,” after “The Secretary,”; and

(B) in subparagraph (K)(i)(I), as amended by subsection (d)(2), by inserting “, in coordination with the Medicare Payment Advisory Commission,” after “annually”.

(2) CONFORMING AMENDMENTS.—Section 1805 of the Social Security Act (42 U.S.C. 1395b–6) is amended—

(A) in subsection (b)(1)(A), by inserting the following before the semicolon at the end: “and including coordinating with the Secretary in accordance with section 1848(c)(2) to systematically review the relative values established for physicians' services, identify potentially misvalued services, and propose adjustments to the relative values for physicians' services”; and

(B) in subsection (e)(1), in the second sentence, by inserting “or the Ranking Minority Member” after “the Chairman”.

(f) Periodic Audit By The Comptroller General.—Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)), as amended by subsection (a), is amended by adding at the end the following new subparagraph:


“(Q) PERIODIC AUDIT BY THE COMPTROLLER GENERAL.—

“(i) IN GENERAL.—The Comptroller General of the United States (in this subparagraph referred to as the ‘Comptroller General’) shall periodically audit the review by the Secretary of relative values established under this paragraph for physicians' services.

“(ii) ACCESS TO INFORMATION.—The Comptroller General shall have unrestricted access to all deliberations, records, and nonproprietary data related to the activities carried out under this paragraph, in a timely manner, upon request.”.


SEC. 613. OFFICE OF PRIMARY HEALTH CARE.
(a) In General.—There is established within the Agency for Healthcare Research and Quality an Office of Primary Health Care, responsible for coordinating with the Secretary, the Health Resources and Services Administration, and other offices in the Department as necessary, in order to—

(1) coordinate health professional education policies and goals, in consultation with the Secretary to achieve the national goals specified in subsection (b);

(2) develop and maintain a system to monitor the number and specialties of individuals through their health professional education, any postgraduate training, and professional practice;

(3) develop, coordinate, and promote policies that expand the number of primary care practitioners, registered nurses, midlevel practitioners, and dentists; and

(4) recommend the appropriate training, education, technical assistance, and patient advocacy enhancements of primary care health professionals, including registered nurses, to achieve uniform high-quality and patient safety.

(b) National Goals.—Not later than 1 year after the date of enactment of this Act, the Office of Primary Health Care shall set forth national goals to increase access to high-quality primary health care, particularly in underserved areas and for underserved populations.


SEC. 614. PAYMENTS FOR PRESCRIPTION DRUGS AND APPROVED DEVICES AND EQUIPMENT.
(a) Negotiated Prices.—The prices to be paid for covered pharmaceuticals, medical supplies, and medically necessary assistive equipment shall be negotiated annually by the Secretary.
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