[Congressional Record Volume 142, Number 15 (Monday, February 5, 1996)]
[Extensions of Remarks]
[Pages E173-E174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       BURDENSHARING LEGISLATION

                                 ______


                            HON. JIM CHAPMAN

                                of texas

                    in the house of representatives

                       Thursday, February 1, 1996

  Mr. CHAPMAN. Mr. Speaker, this summer the world celebrated the 50th 
anniversary of V-J Day and the end of World War II. For thousands of 
veterans who fought to defend democracy in Europe, North Africa and the 
Pacific, it recalled a proud moment in American history.
  For America's veterans and the widows of America's fallen heroes, the 
observance of this anniversary was laced with poignant irony. Those who 
made the sacrifices 50 years ago are being asked by some in our 
Government to make sacrifices again.
  Since the United States won victories in Europe and Japan more than 
50 years ago, and in Korea more than 40 years ago, we have continued 
our military presence in those nations. At a vast cost to the American 
taxpayer, we have preserved the peace, assured victory over global 
communism and allowed war-ravaged economies to prosper and grow.
  America did the right thing in building world stability, freedom and 
hope. But America can no longer afford to bear the financial burden 
imposed on our people by protecting Europe, Japan and Korea.
  I am introducing legislation today to require the host nations of 
NATO, Japan and Korea to share the burden of the direct costs of the 
United States military presence in those nations. My legislation also 
provides that the revenues resulting from those burdensharing 
agreements be deposited in the Medicare trust fund. The revenue 
generated by my bill will guarantee the solvency of the Medicare trust 
fund through 2007, eliminating the need for the huge cuts in Medicare 
services that have been approved by the Republican Congress and vetoed 
by President Clinton.
  It is not fair that the United States continues to pay for the 
defense costs of these countries while they continue to pour billions 
into subsidizing industries that compete with American jobs, and 
provide social services to their citizens that the American taxpayer 
cannot afford for our own. It is not fair to the American taxpayer or 
the American worker.
  It is not fair that the United States continues to pay the defense 
costs of these countries while our Nation cuts billions from services 
provided to the people who won World War II on the front lines and the 
homefront. The soldiers who fought at Iwo Jima and the Battle of the 
Bulge and Inchon now receive Medicare benefits. The future of that 
program has been jeopardized by huge reductions in services approved by 
the House but vetoed by the President. My legislation guarantees the 
solvency of Medicare by generating up to $90 billion in revenue from 
burdensharing agreements.
  My bill gives the administration a hammer to force the host nations 
to share this burden by requiring the withdrawal of our troops if 
agreements are not reached by the end of 1997. I do not expect one 
company of troops, one wing of aircraft or a single tank to be 
withdrawn as a result of this legislation. The host nations involved 
want the American military presence in their countries. We have failed 
in the past to achieve adequate burden-sharing agreements because there 
was no credible incentive to force them to the table. My bill gives the 
host nations every possible motivation to bargain in good faith because 
a failure in negotiations delivers results unacceptable to them. If I 
am wrong about the wishes of the host nations, my bill will still 
protect Medicare by investing the savings that result from a troop 
withdrawal into the Medicare trust fund.
  It is time, Mr. Speaker, that those who won World War II and 
contained communism at the 38th Parallel stop paying the price for our 
victory through unacceptable cuts in health care. It is time that the 
United States force the host nations of NATO, Japan, and Korea to pay 
the bills for their own protection. It is time that the U.S. taxpayer 
stop subsidizing foreign industries that compete with American jobs. It 
is time that the U.S. taxpayer stop subsidizing better health care and 
social security for our allies than American can afford for our own. It 
is time, Mr. Speaker.

[[Page E174]]


                  CHARITABLE MEDICAL CARE ACT OF 1996

                                 ______


                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                       Thursday, February 1, 1996

  Mr. GOODLATTE. Mr. Speaker, I would like to bring to my colleagues' 
attention the Charitable Medical Care Act of 1996 which I am today 
introducing with Representatives Moorhead, McCollum, Smith of Texas, 
Hoke, and Bryant of Tennessee. This important legislation will make it 
easier for free medical clinics to recruit medical professionals to 
volunteer their services for the poor.
  Free clinics have developed as a privately funded, grass-roots effort 
to provide outpatient health services primarily to the working poor. 
There are over 200 free clinics in the United States which have evolved 
with no Federal support and little local government support.
  My District is privileged to be home of several outstanding free 
clinics including one of the finest free clinics in the country, the 
Bradley Free Clinic of Roanoke, VA. The Bradley Free Clinic is also 
headquarters of the Free Clinic Foundation of America, which has been 
working to provide services to assist and establish free clinics across 
the country.
  My friends at the Bradley Free Clinic brought to my attention the 
problems free clinics nationwide encounter finding medical staff 
willing to volunteer their time and services because of concerns over 
medical liability. Medical professionals who would like to provide free 
care for the poor are discouraged by the possibility that doing so will 
put their medical malpractice coverage at risk. Retired medical 
professionals don't have liability coverage and therefore can't 
volunteer. As a result, the poor don't get the care they need.
  In response I am introducing a bill similar to legislation passed in 
Virginia in the 1980's to exempt health care professionals who provide 
free services in connection with a free clinic from liability for 
simple negligence only. In fact, Virginia is one of eight States which 
have laws in place exempting doctors who voluntarily provide free care 
in good faith from liability for simple negligence.

  While Medical liability suits against health care professionals who 
volunteer their services at free clinics are very rare, under this 
legislation health care professionals would not be protected if they 
commit gross negligence or willful misconduct. In addition, the 
exemption would only apply if the patient received the care at no 
charge, there was no reimbursement to the health care professional for 
providing the service and the patient had informed consent before the 
service was rendered that any liability incurred by their health care 
provider would be limited to gross negligence and willful misconduct.
  With over 30 million uninsured Americans, the need for privately 
sponsored free clinics and health services has never been more acute. 
It is estimated that charitable medical care provides care to 30 
percent of the Nation's uninsured and is an important alternative to 
expensive emergency room care which is far too often the only care 
available for the uninsured or underinsured. This legislation would 
help ensure that free clinics continue to fulfill this important role 
by making it possible for them to attract volunteers.
  The Free Clinic Foundation and the Catholic Health Association are 
strong supporters of this legislation. Senator Moseley-Braun has 
sponsored companion legislation in the Senate. I urge my colleagues to 
support this bipartisan effort and cosponsor the Charitable Medical 
Care Act of 1996.

                          ____________________