United States · United States Congress · 25 July 1985
Medical Offer and Recovery Act - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide for an alternative liability system for medical malpractice. Prohibits an individual from bringing a civil action against a participating health care provider for a disease or injury arising from health care services provided pursuant to Medicare, Medicaid (title XIX of the Social Security Act), an armed forces' or veterans' health plan, the Federal employees' health benefits program, or any other participating health benefits plan, if such provider provides the individual with a timely written tender to pay compensation benefits in accordance with this Act. Allows the individual to serve the provider with a written request for arbitration if such provider fails to provide the individual with a written tender in a timely manner. States that this Act does not foreclose civil actions for intentionally caused injuries. Permits a health care provider to join an entity which is potentially liable for the injury. Provides that any disagreement between such entities regarding their share of costs shall be submitted to binding arbitration and such share shall be based on comparative fault. Sets forth provisions regarding the subrogation of parties. States that the amount of compensation benefits payable for a personal injury shall be equal to the net economic loss resulting from such injury, plus attorney's fees. Defines "net economic loss." Requires compensation benefits to be paid within 30 days after reasonable proof of the fact and amount of economic loss has been submitted to the initiating compensation obligor. Provides that if reasonable proof is supplied for only a portion of the net economic loss, and that portion totals $100 or more, the compensation for such portion shall be paid without regard to the remainder of the loss. Sets a five year statute of limitations for claims under this Act. Requires a compensation obligor who rejects a claim for compensation benefits to give the claimant prompt notice of the rejection and the reasons therefor. Requires the disclosure of specified information, including: (1) the earnings of the injured individual; and (2) a copy of every written report concerning any medical treatment or examination of the injured individual in regard to the injury in question. Allows the injured individual or compensation obligor to petition a court for an order for discovery, including the right to oral or written depositions. Allows the compensation obligor to petition a court for an order directing the individual to submit to a mental or physical examination by a physician. Allows the injured individual or compensation obligor to apply to a court for a declaration as to the amount of compensation benefits owed. Permits an obligation to pay compensation benefits to be discharged by a settlement or lump sum payment if the net economic loss is less than $5,000. Allows a settlement or lump sum payment where the net economic loss exceeds $5,000 if a court determines that such a settlement is fair to the injured individual. Permits a court to enter a judgment declaring the compensation obligor liable for forseeable future treatment. Permits an agreement or judgment to be modified upon a finding that a material and substantial change of circumstances has occurred. Requires a health care provider to participate in an assigned claims plan meeting the requirements of this Act in order to participate in the alternative liability program described in this Act. Permits entities within a State to organize and maintain an assigned claims plan. Provides that where such a plan is not established within a State, the Secretary of Health and Human Services shall establish and maintain such a plan for that State. Provides that an injured individual entitled to compensation benefits may obtain such benefits through the assigned claims plan if the initiating compensation obligor is financially unable to fulfill its obligation. Directs the assigned claims plan to assign such claim to another member of the plan. Allows such assignee to seek payment from the initiating compensation obligor of 120 percent of the costs and expenses incurred in fulfilling such obligation. Requires participating health care providers to submit written reports to appropriate health care licensing boards where the provider: (1) takes actions which adversely affects the clinical privileges of a health care professional; or (2) terminates or fails to renew a contract with a health care professional. States that such reports shall not be subject to discovery, except upon the request of the health care professional against whom the adverse action is taken. Precludes liability for damages for any entity transmitting such reports unless the information transmitted is false and the entity knows such information is false and acts with malice. Requires physicians participating in the alternative liability program to obtain malpractice insurance. Provides that the preceding provisions of this Act shall not apply to any personal injury occurring: (1) before January 1, 1988; or (2) in a State which has in effect an alternative medical liability law which meets specified requirements.
United States · United States Congress · 18 July 1985
Amends the State Department Basic Authorities Act of 1956 to authorize regulating the activities of U.N. employees (including employees of the U.N. Secretariat) outside the United Nations Headquarters District in a manner determined to be in the best interests of the United States and pursuant to the United Nations Headquarters Agreement Act. Exempts U.S. nationals from such regulations. Requires the Secretary of State to report periodically to the Congress on plans to implement this Act.
United States · United States Congress · 10 July 1985
Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to allow a civil action to be brought by a plaintiff only when the private suit rests on an injury caused by conduct that led to the defendant's conviction of one of the predicate offenses listed in the statute or of a criminal violation of RICO itself. Requires the plaintiff to bring such action within one year of the defendant's conviction.
United States · United States Congress · 27 June 1985
Computer Security Research and Training Act of 1985 - Directs the National Bureau of Standards to establish and conduct a computer security research program to address the problems of computer security in the Federal Government. Requires each agency to provide periodic training in computer security, under guidelines developed by the Bureau, for all employees (including contractor employees) involved with the management, use, or operation of automated information systems. Authorizes appropriations.
United States · United States Congress · 13 June 1985
Narcoterrorism Information Rewards Act of 1985 - Authorizes the Attorney General to reward any individual who furnishes information leading to the arrest or conviction of any individual who killed or kidnapped, or conspired to do so, any U.S. officer or employee (or family member) on account of his or her official duty involving drug enforcement. Grants a reward to any individual who furnishes information leading to the prevention or frustration of such a kidnapping or killing. Authorizes the Attorney General to determine the amount of such reward. Allows the Attorney General to protect the identity of a recipient, if necessary. Authorizes appropriations.
United States · United States Congress · 13 June 1985
Expresses the sense of the Congress that procurement of the new U.S. weather radar system, NEXRAD, continue on schedule and according to the established minimum requirements agreed to by the National Weather Service, the Federal Aviation Administration, and the Department of Defense.
United States · United States Congress · 5 June 1985
Designates the period of October 1, 1985, through September 30, 1986, as the time to reflect on the achievements of the Peace Corps during its 25 years and on ways such programs might be used in the future. Authorizes and requests the President to proclaim this period as a time to honor Peace Corps volunteers and reaffirm the Nation's commitment to such programs.
United States · United States Congress · 4 June 1985
Medical Malpractice Reform Act of 1985 - Establishes within the Department of Justice a program to fund State medical malpractice programs. Requires States to establish medical malpractice screening panels (Panels) to receive such funding. Grants such Panels original and exclusive jurisdiction to hear all claims of medical malpractice which are not against the United States. Sets forth the powers of such Panels. Provides rules governing Panel decisions. Requires Panel decisions to be made within 30 days after a hearing. Empowers the Panel to determine the amount of damages owed to the claimant by each liable defendant and enter an order against such defendants. Directs States to provide judicial enforcement of such award if not paid promptly. Limits any court proceeding to enforce an order to pay an award to the issue of whether such payment was made according to the terms of the order. Directs each State to permit recovery for noneconomic losses. Limits recovery for such losses to $250,000. Specifies damage award payment methods. Permits any party to appeal the decision of the Panel to a State court of appropriate jurisdiction within 60 days. Entitles the appellant to a trial de novo where such court finds the Panel decision clearly erroneous. Grants such appellant the right to a trial by jury. Requires the Panel or court to transmit to the State insurance commissioner and appropriate licensing body within 30 days a report on: (1) the Panel's or court's findings; and (2) any settlement agreement. Requires the State insurance commissioner to make such reports available for public inspection and to notify each malpractice insurance provider within the State. Allows malpractice insurance providers to adjust their rates for: (1) persons found liable; and (2) persons who entered into three or more settlement agreements that required payments to claimants. Limits attorney's fees. Subjects an attorney who accepts excess payments to civil liability. Directs each State to provide that any member or employee of the Panel shall be immune from suits for defamation, libel, or slander arising from the performance of official duties. Directs the Attorney General to make specified payments to States for: (1) malpractice screening Panels; (2) malpractice studies; and (3) the development of health care facility risk management programs. Directs the Governor of a State receiving such funding to report to the Attorney General on the use of such payments. Provides that decisions of the Attorney General regarding compliance with the requirements of this Act and the allocation and repayment of funds shall be final and not subject to judicial review. Authorizes appropriations beginning in FY 1986.
United States · United States Congress · 4 June 1985
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires the Secretary of Agriculture to promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers, research facilities, and exhibitors. Requires each research facility to establish an institutional animal study committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) inspect at least semiannually all animal study areas and animal areas and animal facilities at the research facility; (2) file an inspection certification report of each inspection at the research facility; (3) notify the administrative representative of the research facility of any deficiencies; and (4) notify the Animal and Plant Health Inspection Service and the funding Federal agency if such deficiencies remain uncorrected. Requires each research facility to provide for annual training in the humane treatment of animals for scientists, animal technicians, and other personnel involved with animal care and treatment in such facility. Directs the Secretary to establish an information service at the National Agricultural library to provide information on improved methods of animal experimentation, including: (1) employee training; (2) preventing unnecessary duplication of animal experimentation; (3) reducing or replacing animal use; and (4) minimizing pain and distress. Requires funding Federal agencies to revoke Federal support for a project if it is determined that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act. Requires the Secretary to inspect each research facility at least once each year. Requires such follow-up inspections as may be necessary until all deficiencies which may be found are corrected. Imposes penalties for the release of any confidential information or trade secrets by any member of an institutional animal committee. Increases penalties for violations of the Animal Welfare Act.
United States · United States Congress · 23 May 1985
Amends part A (General Provisions) of title XI of the Social Security Act to extend the income and eligibility verification system so as to require an applicant or benefit recipient, as a condition of eligibility for or receipt of benefits under part A (Aid to Families with Dependent Children) of title IV of such Act, title XVI (Supplemental Security Income) of such Act, title XIX (Medicaid) of such Act, the food stamp program, or the unemployment insurance compensation program, to declare in writing whether or not he or she is a U.S. citizen, and, if a U.S. citizen his or her immigration status and file number. Requires the Commissioner of Immigration and Naturalization to implement a verification system of immigration status to be made available to all States by October 1, 1985.
United States · United States Congress · 22 May 1985
Young Astronaut Program Medal Act - Commemorates the Young Astronaut Program by directing the Secretary of the Treasury to strike and deliver to the Young Astronaut Council no more than 750,000 medals with emblems, devices, and inscriptions determined by the Secretary. Authorizes the Council to dispose of the medals at a premium and to have them delivered as required in quantities of no less than 2,000. Directs that no medals be struck after December 31, 1987. Directs the Secretary to set the price of the medals at no less than the manufacturing cost plus a surcharge of ten percent of such cost. Requires the furnishing of security sufficient to fully indemnify the United States for such costs. Directs that the medals be struck in gold, silver, and bronze and in such size or sizes as determined by the Secretary. Gives the U.S. Comptroller General the right to examine the records of the Council which are related to the medals.
United States · United States Congress · 16 May 1985
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for therapeutic shoes for individuals with severe diabetic foot disease, if the shoes are prescribed by a physician and fitted and furnished by a certified orthotist. Limits such coverage to one pair of shoes annually and $375 annually.
United States · United States Congress · 16 May 1985
Expresses the sense of the Congress that U.S. national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such policy.
United States · United States Congress · 9 May 1985
Condemns specified actions of the Sandinistas and the action of Nicaraguan President Ortega in traveling to Moscow as evidence of an effort by the Sandinistas to strengthen ties with the Soviet Union.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Expresses the sense of the House of Representatives that the administration should comply with the automatic appropriation and earmarking provisions of the Wallop/Breaux Sport Fish Restoration Trust Fund. States that funds owed to the States from such Fund should not be withheld or delayed.
United States · United States Congress · 7 May 1985
Beekeeper Protection Act of 1985 - Requires the U.S. International Trade Commission (ITC), within 90 days of enactment of this Act, to investigate and report to the President on the effects of honey imports on certain domestic programs and on the amount of products processed in the United States from honey. Requires the President, if the ITC recommends that fees or limitations be imposed on honey imports, to: (1) impose such fees or limitations; or (2) deny the existence of the facts justifying such fees or limitations . Requires the President to take such action within 60 days of the issuance of the ITC report.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 25 April 1985
Expresses the sense of the Congress that the President should establish a task force of expert farmers to address the long-range concerns of the U.S. agricultural industry.
United States · United States Congress · 24 April 1985
Korean War Memorial Act - Directs the Secretary of the Interior to erect and maintain a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War. Subjects the selected site, design, and plans for the construction of such memorial to the approval of the National Commission of Fine Arts and the National Capital Planning Commission. Authorizes appropriations.
United States · United States Congress · 23 April 1985
Expresses the sense of the Congress that: (1) the English language is the official language of the United States; and (2) no language other than the English language is recognized as the official language of the United States.
United States · United States Congress · 18 April 1985
Veterans' Housing Benefits Amendments of 1985 - Authorizes the Administrator of Veterans Affairs to provide mortgage assistance to veterans with loans guaranteed by the Veterans Administration in order to avoid foreclosure of such loans. Provides that such assistance shall be in the form of a loan to the veteran not to exceed $8,400. Provides that such assistance may be provided only if: (1) the dwelling that secures the primary loan is the current residence of the veteran; (2) the veteran is at least six months delinquent in payments on the primary loan; (3) the veteran is unemployed or has had a substantial reduction in household income through no fault of the veteran; and (4) the Administrator determines that there is a reasonable prospect that the veteran will resume payment on the primary loan within six months after receiving such assistance.
United States · United States Congress · 18 April 1985
Authorizes the President to call a White House Conference on Library and Information Services, to be held not later than 1989, to develop recommendations for improvement of such services and their public use. Requires that the Conference be planned and conducted by the National Commission on Libraries and Information Sciences. Authorizes the Librarian of Congress, the Director of the National Library of Medicine, and the Director of the National Agricultural Library, upon request, to detail personnel to the Commission. Requires the Conference to submit a final report to the President within 120 days following its close. Directs that the final report be made public, and within 90 days after receipt by the President, transmitted to the Congress with recommendations. Establishes an advisory committee to assist in planning and conducting the Conference. Includes among its appointed members the Secretary of Education and the Librarian of Congress. Authorizes appropriations as necessary.
United States · United States Congress · 17 April 1985
Amends the Internal Revenue Code to establish an applicable test rate of nine percent for determining whether there is imputed interest in the case of seller-financed property. Permits a lower test interest rate of 80 percent of the Federal Treasury rate where such rates are lower than the nine percent test rate. Provides for a blended test rate for instances where the loan amount exceeds $4,000,000. Provides that in determining whether wraparound financing meets such testing rate, the test shall be applied to the net rate of interest on the seller's equity in the financing after deducting the existing third party financing. Authorizes the imputation of interest in seller-financed property sales of $4,000,000 or less of ten percent or 90 percent of the Federal Treasury rates, whichever is less, where the test interest rates have not been met. Allows for a blended imputed interest rate where the debt amount exceeds $4,000,000. Requires that all loan amounts from a single transaction or series of related transactions be aggregated for purposes of determining the loan amount. Provides that the imputed interest rules will not apply to assumptions of loans unless the terms and conditions of such debt obligations are modified in connection with the assumption. Repeals the provisions of the Code limiting the amount of interest expense a purchaser of personal use property may deduct for tax purposes. Excepts debt instruments arising from the sale or exchange of a residence from the imputed interest provisions where the obligor of the instrument uses the property as his other residence. Provides that the imputed interest rules shall not apply in the case of sales or exchanges of property where the borrowed amount does not exceed $4,000,000. Requires the interest on the obligation issued in connection with such sales or exchanges to be taken into account by both the buyer and the seller on the cash receipts and disbursement method of accounting unless both buyer and seller agree to use the accrual receipts and disbursement method of accounting.
United States · United States Congress · 16 April 1985
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 15 April 1985
Requires the Administrator of Veterans Affairs to consider the current and projected number of veterans residing in each State when deciding where medical facilities should be constructed or acquired. Directs the Chief Medical Director at the end of each fiscal year to determine the current and projected number of veterans residing in each State. Requires the Director to report such information to the appropriate congressional committees and to consider it when making recommendations for the apportionment of funds.
United States · United States Congress · 4 April 1985
Renewable Energy and Conservation Transition Act of 1985 - Title I: Extension of Business Energy Credits - Amends the Internal Revenue Code to extend the energy investment tax credit for solar energy property from 1985 to 1990. Sets the amount of such credit during such period at 15 percent for low temperature solar property and 25 percent for all other solar property. Extends the energy investment tax credit for wind property from 1985 to 1988. Sets the amount of such credit at: (1) ten percent during 1986 and 1987; and (2) five percent during 1988. Extends the energy investment tax credit for geothermal property and biomass property from 1985 to 1988. Extends the energy investment tax credit for ocean thermal property from 1985 to 1990. Revises the definition of "solar property" for purposes of such tax credit. Sets forth special rules for geothermal equipment to qualify for such credit. Title II: Affirmative Commitment Rule to Extend the Business Credit for Certain Long-Term Projects - Extends the time period during which an affirmative commitment must be made in order for long-term energy projects to be eligible for the energy investment tax credit. Allows such extension: (1) from 1990 to 1993 for solar energy property; (2) from 1988 to 1990 for geothermal energy property; and (3) from 1985 to 1990 for hydroelectric generating property. Title III: Extension of Residential Energy Credits - Extends the residential energy income tax credit for solar renewable energy property from 1985 to 1990. Phases out such credit over such period of time. Provides that solar hot water systems and active space heating systems must meet certain additional standards in order to qualify for such credit. Extends the residential energy income tax credit for wind renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Extends the residential energy income tax credit for geothermal renewable energy property from 1985 to 1988. Phases out such credit over such period of time. Revises the definition of geothermal deposits for purposes of such credit. Revises the definition of energy conservation expenditures for purposes of the residential energy income tax credit to limit the amounts taken into account to $700. Limits the energy conservation income tax credit to taxpayers with an adjusted gross income of less than $30,000. Title IV: Effective Date - Sets forth the effective date of this Act.
![Official portrait of Rep. Lewis, Thomas F. [R-FL-12]](https://www.congress.gov/img/member/l000295_200.jpg)