H322 CONGRESSIONAL RECORD — HOUSE February 1, 2012 prevent that. Shutting down ATM’s in those lo- ceedings on this question will be post- 5 months before the President’s plan cations doesn’t stop the money being spent poned. was even considered on the Senate there. In addition, this bill would force states to f floor. Members from both sides of the certify nearly every small business as a non- aisle also raised concerns about the FISCAL RESPONSIBILITY AND RE- liquor store and how are the standards to be program’s long-term sustainability TIREMENT SECURITY ACT OF established and maintained? during this debate. Most disturbing is This bill would create an entire nation wide 2011 what we came to find in a bicameral in- bureaucracy to address a problem that affects Mr. GINGREY of Georgia. Madam vestigation last year that revealed con- less than 4 one hundredths of one percent Speaker, I ask unanimous consent that cerns from within HHS were rampant (.04%) of all TANF funds and would com- all Members may have 5 legislative during PPACA debate, but they were pletely fail to save any money at all. days in which to revise and extend never brought to light by the Demo- Instead of passing a jobs bill, Republicans their remarks on H.R. 1173 and insert cratic leadership or the Obama admin- are once again just looking to distract from the any extraneous material on the bill. istration. Yet the program was rushed real issues, this time by attacking American The SPEAKER pro tempore. Is there through so that we can, as then-Speak- families in need. objection to the request of the gen- er PELOSI noted, ‘‘find out what’s in This bill is just a sad attempt to divide our tleman from Georgia? it.’’ nation by mimicking the Ronald Reagan myth There was no objection. On October 14, 2011, Secretary about the Cadillac driving welfare queen. It The SPEAKER pro tempore (Mr. Sebelius announced what honest ac- was untrue then and it is still untrue today. BOUSTANY). Pursuant to House Resolu- counting told us was inevitable: the As a single mother who once relied on food tion 522 and rule XVIII, the Chair de- Obama administration finally admitted stamps and assistance to get by during a very clares the House in the Committee of there was no viable path forward and, difficult period in my life, I am appalled to see the Whole House on the state of the therefore, was halting any further ef- Republican politicians attack struggling Amer- Union for the consideration of the bill, forts of implementing the CLASS pro- ican families just because they need a helping H.R. 1173. gram. hand. TANF benefits keep children in homes The failure of Health and Human b 1425 and in school. TANF benefits keep American Services to implement the CLASS pro- families from suffering abject poverty. IN THE COMMITTEE OF THE WHOLE gram certainly is not a surprise. How- What we should be doing is helping these Accordingly, the House resolved ever, it is a catastrophic consequence families reignite their American Dreams, not itself into the Committee of the Whole of what happens when Congress rushes making blanket accusations against every low House on the state of the Union for the to enact costly policies and dismisses income family in America. consideration of the bill (H.R. 1173) to warnings from independent experts. Mr. PAULSEN. Madam Speaker, thank you repeal the CLASS program, with Mrs. Most troubling are the budget gim- and thank you Dr. BOUSTANY for introducing MILLER of Michigan in the chair. micks used to sell the CLASS program this legislation. The Clerk read the title of the bill. and, indeed, the entire law. I rise today as a co-sponsor of H.R. 3567, The CHAIR. Pursuant to the rule, the The Congressional Budget Office, the Welfare Integrity Now for Children and bill is considered read the first time. CBO, estimated the CLASS program Families Act because at a time when millions General debate shall be confined to would save money by collecting pre- of Americans are still out of work, and our the bill and shall not exceed 1 hour, miums from enrollees, premiums that economy is struggling to recover, we must with 40 minutes equally divided and will now never be collected in light of take every step available to safeguard tax- controlled by the chair and ranking a failed implementation. payer dollars. minority member of the Committee on We knew, Madam Chair, the savings Madam Speaker, between January of 2007 Energy and Commerce, and 20 minutes estimates for the President’s health and June of 2010 nearly $5 million in state- equally divided and controlled by the care plan were wrong. It defied com- issued benefits were withdrawn from ATMs in chair and ranking minority member of mon sense that such a massive spend- California casinos alone. the Committee on Ways and Means. ing expansion would have no cost. Now We need to correct this problem, and H.R. The gentleman from Georgia (Mr. the President will have to explain to the American people why the health 3567 does just that. GINGREY) and the gentleman from New care law—ObamaCare, PPACA, Patient This provision requires all states to take Jersey (Mr. PALLONE) each will control steps to end this abusive practice, safe- 20 minutes. The gentleman from Lou- Protection, Affordable Care Act, Unaffordable Care Act—he’ll now have guarding taxpayer funds from abuse by ensur- isiana (Mr. BOUSTANY) and the gen- to explain to the American people why ing that welfare funds are not accessed in tleman from California (Mr. STARK) strip clubs, liquor stores, and casinos—a prac- each will control 10 minutes. this health care law will cost them $80- tice which has been highlighted in news sto- The Chair recognizes the gentleman plus billion more than what they were ries across the country. from Georgia. told. This bill ensures all states take action to Mr. GINGREY of Georgia. Madam b 1430 close this loophole. I note that this policy is Chair, I yield myself such time as I That is more than $80 billion on top the same as that introduced by Senators may consume. HATCH and BAUCUS, the Ranking Member and of the trillions the President has added Madam Chair, it has been more than to the books since he took office in Chairman, respectively, of the Senate Finance 2 years since the CLASS Act was first Committee, so it has strong support in the January of 2009. debated as part of the President’s Today, we will have the opportunity other body as well. health care takeover debate. We knew Let’s continue the momentum, pass this leg- to start over on long-term care reform, then that the program was flawed and islation, and prove to the American people that an issue that’s important to all of us as unworkable; yet the Democratic-con- we are here to get things done in 2012. we hear from constituents regularly The SPEAKER pro tempore. The trolled Congress ignored these concerns about the growing cost of long-term question is on the motion offered by and instead rushed the CLASS program care services. The market has not even the gentleman from Louisiana (Mr. through as part of the President’s been penetrated 10 percent, Madam health care law. BOUSTANY) that the House suspend the Chair. We will now begin that process. rules and pass the bill, H.R. 3567, as Now, 2 years and more than $800 bil- But first, we must take this section amended. lion later, we have finally heard from out of the health care bill known as The question was taken. the President and his administration CLASS. We must take it off the books. The SPEAKER pro tempore. In the that while they have wasted taxpayer I urge my colleagues to support just opinion of the Chair, two-thirds being dollars, this program is in fact not what this bill does, remove CLASS in the affirmative, the ayes have it. implementable. Surprised? Well, you from the statute, H.R. 1173, repeal the Mr. BOUSTANY. Madam Speaker, on shouldn’t be. failed CLASS program so that we can that I demand the yeas and nays. The truth is that unbiased analysts now move forward with reforms that do The yeas and nays were ordered. such as the American Academy of Ac- work. The SPEAKER pro tempore. Pursu- tuaries had raised concerns with the With that, Madam Chairman, I re- ant to clause 8 of rule XX, further pro- program as early as July of 2009, some serve the balance of my time.

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.045 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H323 Mr. PALLONE. Madam Chair, I yield negative attitude, the idea that Con- health care in the United States. Now myself such time as I may consume. gress can’t address any problem. And I we have Medicare, and the Republican Madam Chair, there are millions of just sincerely hope that my colleagues, alternative to Medicare is to just shift Americans currently in need of a long- when they come to the table, come up more costs on to seniors, give them a term care program and many more with a workable solution. Don’t just voucher and let them pay more if they that will require these services in the tell me we have to repeal things, we want more than that voucher will pro- future. Despite the great achievements can’t do anything, and the government vide, and that voucher is not going to of our country, the U.S. lacks an af- can’t do anything. Cowardly running provide much over time. fordable and ethical system of financ- away from the problem through repeal On Medicaid, they just want to shift ing long-term care services. The is simply not the answer. the costs on to the States so the States CLASS program is a significant step Overall, the CLASS Act promotes can tell a lot of very poor people, I’m towards finding a realistic solution to personal responsibility and independ- sorry, we don’t have enough money to this problem. However, many of my Re- ence. Those are the values that you take care of you, but we’re not re- publican colleagues have taken a talk about a lot. It allows the govern- quired to under Federal law. They said stance against CLASS without pro- ment to put choice in the hands of con- that they didn’t want the Affordable posing any real solutions for long-term sumers while saving Medicaid dollars. Care Act; they wanted to repeal it. But care access in America, and I strongly American families have too few long- they haven’t told us what they want to oppose H.R. 1173 and consider it to be a term care options, and they need our put in its place. They said that this blatant disregard of a growing crisis in help. Rather than repeal CLASS, we was going to be repeal and replace. this country. need to continue the dialog in the de- They have proposed a repeal, but we Madam Chair, Republicans continue velopment of a viable plan forward. have no proposal to replace it. to propose repeal of various aspects of Again, let’s mend it, not end it. Mov- Republicans now want to take a part the Affordable Care Act. We heard my ing forward with H.R. 1173 shuts the of the Affordable Care Act, the CLASS colleague from Georgia today. And how door on a problem that simply cannot program, that is the one and only sig- many other times how many on the be ignored. nificant new initiative to put in place other side have said, well, let’s just re- I reserve the balance of my time. to deal with our country’s long-term peal the Affordable Care Act, let’s re- Mr. PITTS. Madam Chair, I yield 1 care crisis. Those who are supporting peal pieces of the Affordable Care Act? minute to the gentleman from New this bill say that the CLASS Act is not But they never come up with any Jersey (Mr. LANCE), a very valued the right solution to our long-term meaningful alternatives. And the same member of the Subcommittee on care problem. Well, I don’t think it’s is true today. They’re talking about Health. perfect, either. But the solution is to outright repeal of CLASS without any Mr. LANCE. Madam Chair, I rise amend the program, to make it work, meaningful suggestion of an alter- today in support of repealing the not just repeal it and leave nothing in native. CLASS Act. its place. My message to my colleagues on the In hearings before the Energy and If we leave nothing in its place, we other side of the aisle is that we should Commerce Committee, my colleagues have the status quo. And what does the mend the CLASS Act and not end it. and I learned that the CLASS program status quo mean? The status quo This country is already facing a long- was a ticking time bomb fiscally, a new means that for some who are on Medi- term care crisis, but the problem is entitlement program that Health and care, they will have a minimal amount only going to get worse. As our popu- Human Services Secretary Kathleen of coverage for their long-term care lation continues to age, an estimated Sebelius has said is ‘‘totally services. And to get any other help, 15 million people are expected to need unsustainable’’ financially. Richard people will have to go through the in- some sort of long-term care support by Foster, chief actuary of the Centers for dignity of impoverishing themselves. A system that is in place for the very 2020. If we don’t solve the need for af- Medicare and Medicaid Services, wrote poor would be called upon then, the fordable long-term care in this country in 2009: ‘‘Thirty-six years of actuarial Medicaid system, to cover their long- soon, we will also jeopardize our enti- experience lead me to believe that this term care needs, especially if they had tlement programs. Currently, Medicaid program would collapse in short order to go to a nursing home. Well, many el- pays 50 percent of the cost of long-term and require significant Federal sub- derly and disabled individuals will be services, and that price tag is quickly sidies to continue.’’ And Senate Budget forced to leave their families and com- rising every year. The CLASS program Committee Chairman KENT CONRAD has munity of friends for institutionaliza- was designed to allow people to stay at called the CLASS program ‘‘a Ponzi tion because that’s all that some home and prevent the cost of nursing scheme of the first order.’’ To her cred- States will cover. home care that burdened Medicaid. it, Secretary Sebelius in October called Families will have to do what they Now, I want to correct one thing. I for an end of the CLASS program, add- call ‘‘spend down.’’ They have to spend know in the Rules Committee some of ing that there was not ‘‘a viable path their money until they’re in poverty. my colleagues talk about the adminis- forward for CLASS implementation at So they lose their dignity along the tration’s position on this bill. The ad- this time.’’ way in order to qualify for Medicaid as- ministration made it quite clear in a Madam Chair, we have a serious long- sistance. The CLASS Act was trying to hearing that we had on this bill that term care problem that is driving pa- take some of the burden off Medicaid, they’re opposed to repeal of the CLASS tients into bankruptcy and weighing some of the indignity away from sen- Act. They acknowledge that there are down an overburdened Medicaid pro- iors. Medicaid expenditures for the workable solutions under the CLASS gram. But before we can develop bipar- most part are paying for long-term program, but didn’t feel that they have tisan solutions to address this impor- care, and that will escalate even fur- the legal authority—I stress legal au- tant issue, we must first repeal the ther. In 2010 alone, Medicaid spending thority—to implement them. So the misguided CLASS program. Only then for these services cost some $120 bil- Department of Health and Human can we begin anew and properly ad- lion. Services has more work to do, and I dress the long-term health care prob- have suggested on numerous occasions lem. b 1440 that the CLASS Advisory Council, Mr. PALLONE. Madam Chair, I yield And we have a baby boomer popu- which is organized under the legisla- such time as he may consume to the lation that is continuing to age. The tion, be convened in order to offer their ranking member of the full committee, number of Americans in need of long- expertise. Mr. WAXMAN. term care assistance will grow, The CLASS program is a framework Mr. WAXMAN. Thank you for yield- compounding each of these problems. that will facilitate a solution to our ing that time to me, Mr. PALLONE. So what is the Republican answer to long-term care crisis. However, all I Madam Chair, I rise today in strong this problem? Nothing. Just repeal the continue to hear from my colleagues opposition to H.R. 1173. This bill is an- program that attempts to give some ef- on the other side of the aisle is that other Republican attempt to tear down fort to deal with these costs for people Congress can’t do anything. It’s this and dismantle programs that provide who need long-term care.

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.049 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H324 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Let’s not lose this incremental piece. care, but it is a helpful tool to help On October 26, 2011, Assistant Sec- Let’s figure out how to add on to it, Americans plan for their health care retary Kathy Greenlee testified before how to change it, but don’t repeal it. long-term needs, unlike the our subcommittee that the Department I urge my colleagues to reject H.R. unsustainable and costly CLASS Act had spent $5 million in 2010 and 2011 1173. embedded in ObamaCare. trying to implement the program. The Mr. PITTS. Madam Chair, I just want The repeal of the CLASS Act marks Secretary’s conclusion that the CLASS to remind everyone that under the a small victory. Let’s not try to force program could not meet the law’s 75- CLASS Act there’s not one person in this costly program on the backs of year solvency requirement and was not the United States who would receive hardworking American taxpayers with- sustainable was not a surprise to any- long-term care benefits under that act out fully investigating how we can im- one who had been following the issue. because it doesn’t work. prove existing programs or how we can Even before its inclusion in the Presi- At this time I yield 2 minutes to the create an affordable, sustainable, long- dent’s health care law, PPACA, in gentleman from West Virginia (Mr. term care program. March of 2010, we were warned by the MCKINLEY). I urge my colleagues to vote ‘‘yes’’ administration’s own actuary, the Mr. MCKINLEY. Madam Chair, I rise on H.R. 1173. American Academy of Actuaries; Mem- today in favor of H.R. 1173. This bill Mr. PALLONE. Madam Chair, I yield bers of Congress from both parties; and would save hardworking taxpayer dol- 2 minutes to the champion for senior outside experts that the program would lars and eliminate a costly and flawed citizens, the gentlewoman from Illinois not be fiscally sustainable. On July 9, ObamaCare provision known as the (Ms. SCHAKOWSKY). 2009, approximately 8 months before Ms. SCHAKOWSKY. I thank the gen- CLASS Act. PPACA was signed into law, CMS’s This program was sold as a self-sus- tleman. You know, there’s a lot of areas of own actuary, Richard Foster, wrote ‘‘36 taining program, one that would re- years of actuarial experience lead me duce Federal spending. However, the agreement. We all agree that we’re in the midst of a long-term care crisis. We to believe that this program would col- program was problematic from the lapse in short order and require signifi- start. The President and the Democrat agree that today there are 10 million Americans in need of long-term care cant Federal subsidies to continue.’’ leadership in the Congress knew this services and support. By 2020, that I support the intent behind the fact over 21⁄2 years ago and still in- number will grow to 15 million, and by CLASS program to help Americans cluded the CLASS program in the 2050, the number of seniors who need purchase long-term care policies that health care bill. long-term care will reach 26 million. most of us will end up needing at some During an investigation, it was re- The costs associated with long-term point, but only about 9 million Ameri- vealed that Obama administration offi- care are high. We agree on that. Nurs- cans actually purchase. Long-term care cials and Senate Democrats were very ing homes can cost over $70,000 a year, costs are frighteningly high, and many much aware that this was not going to and 20 hours a week of home care can Americans face bankruptcy or ending work and that Department officials cost nearly $20,000. But repealing the up on Medicaid, or both, in order to get warned for a year before passage that CLASS Act does nothing to address the the care they need. the CLASS program would be a fiscal glaring need for adequate coverage of But while the goals of the program disaster. As far back as May of 2009, the long-term care services and support. were worthy, good intentions do not CMS Chief Actuary sent an email that The CLASS Act addressed a number of make up for fundamentally flawed, ac- warned officials that the program critical needs, including providing a tuarially unsound policies designed to doesn’t look workable. These 200 pages way for persons with disabilities to re- show the illusion of savings. The Presi- of exhibits from the investigation show main independent in their community dent has left us with a budget hole of that Department officials were voicing and bringing private dollars into the more than $80 billion. The irresponsible concern to Senate leadership all the long-term services system to reduce re- nature of the CLASS program’s inclu- way up until passage in December of liance on Medicaid without impover- sion in the health care law is just a 2009. This was all concealed from Con- ishing individuals and families. We sample of the budget gimmicks used to gress and the American public. agree that the CLASS Act is far from pass the health care law in the dark of After enactment, the concerns con- perfect, but it does provide a frame- the night nearly 2 years ago. The Presi- tinued. On February of 2011, Secretary work to begin to deal with the prob- dent will have to explain why, years Sebelius testified before the Senate Fi- lem. later, the taxpayers are left with a nance Committee that the CLASS pro- So it seems to me if we all agree on failed program that will cost this Na- gram is totally unsustainable in its the need, not only the need for long- tion at least $80 billion. That is more present form. And finally, this past Oc- term care but the need to do better, than 150 Solyndra scandals. tober, the Department announced that then instead of repealing the CLASS b 1600 the program was still not financially Act and passing H.R. 1173 with no effec- feasible. What we are seeing now is tive alternative, we could, right now Shelving this failed program is not that, as well intended as it is, the today, sit down and work together to enough. As long as it is on the books, CLASS program is unworkable. repair this program. Ignoring it or even it will continue to create substantial The objective of providing long-term postponing this long-term care crisis uncertainty in the private sector about health care is laudable and should be a simply is not going to make it go what the government’s role in long- priority of Congress. Therefore, we away. term care insurance will be. Let’s re- must identify a long-term, common- Mr. PITTS. Madam Chair, I yield my- peal the CLASS program, not try to sense solution for our health care. That self such time as I may consume. tinker around the edges of a fundamen- is why last week I asked GAO to con- Madam Chair, I’d like to speak to tally flawed model, and take up real so- duct a study of the Medicaid Long- H.R. 1173, the Fiscal Responsibility and lutions to this problem instead. Term Care Partnership Program and Retirement Security Act of 2011, which I urge my colleagues to support H.R. survey States on how to improve the repeals the CLASS program which was 1173, to repeal the failed CLASS pro- partnership program so that more rushed into law in the President’s gram so that we can move forward with Americans can properly plan for their health reform bill. reforms that work. long-term care needs. Last February, HHS Secretary Kath- And with that, I reserve the balance This public-private partnership be- leen Sebelius publicly admitted that of my time. tween States and long-term care insur- the more than $80 billion CLASS Act Mr. PALLONE. I yield, Madam Chair, ance plans was designed to reduce Med- was ‘‘totally unsustainable.’’ But it 2 minutes to the gentlewoman from icaid expenditures by lessening the was not until 8 months later, on Octo- California (Mrs. CAPPS). need for some people to rely on Med- ber 14, that the Department of Health Mrs. CAPPS. I thank my colleague icaid to pay for long-term health care and Human Services announced it was from New Jersey for yielding. services. not moving forward with the imple- Madam Chair, I rise today in opposi- The partnership program is not the mentation of the CLASS program ‘‘at tion to this bill. We all know that we only solution to our long-term health this time.’’ have a long-term care crisis in this

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.051 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H325 country. What we have now is an This debate should not be about the order to move forward with a new plan, unsustainable patchwork approach, health care law in general. It should be we need to get the CLASS Act off the with wealthy people having access to about this program. It should be about books. private plans, while almost everyone doing what is fiscally responsible, and I urge my colleagues to support this else finds the costs incredibly prohibi- that is eliminating the CLASS pro- bill. tive. gram and getting to work right now in Mr. PALLONE. Madam Chair, I yield These are the folks who fall through a bipartisan manner on a solution to 11⁄2 minutes to the gentlewoman from the cracks every day, spending down long-term care. Connecticut (Ms. DELAURO). all their assets until there’s nothing Mr. PALLONE. Madam Chair, can I Ms. DELAURO. I rise in strong oppo- left, and then relying on our strained inquire how much time remains on sition to the repeal of the CLASS Act. Medicaid program for care. This is each side. We are at another start of another what the CLASS program tries to The Acting CHAIR (Mrs. EMERSON). session of the Congress, and this major- avoid. It should provide a modest, but The gentleman from New Jersey has 9 ity is following the same playbook as meaningful, benefit to individuals who minutes remaining. The gentleman last year. The American people are need support to stay out of costly nurs- from Pennsylvania has 71⁄2 minutes re- waiting for this institution to do some- ing homes, benefits they’ve already maining. thing—anything—to create jobs and re- paid into. Mr. PALLONE. Madam Chair, at this store our economic prosperity instead We can all agree that the CLASS pro- time I yield 11⁄2 minutes to the gen- of putting forward ideological bills gram, as currently written in the stat- tleman from Illinois (Mr. DAVIS). that have nothing to do with jobs and ute, is not perfect, but few things are. Mr. DAVIS of Illinois. I thank the that are intended to roll back health We can use it as a framework upon gentleman from New Jersey for yield- care and senior care in America. Right which to fix and implement this pro- ing. now, less than 10 percent of Americans gram, one that would be amended, im- H.R. 1173 would eliminate the poten- over 50 have long-term health care in- proved and made sustainable, rather tial for many of our citizens to be able surance, even though a large percent- than destroyed. to afford long-term care that provides age of individuals will need long-term Repealing the CLASS Act does not services and other supports. This effort care services at some point. remove the Nation’s need for long-term to remove support services is not the Some studies indicate that up to two- care. Rather, it makes the path to sus- solution, but instead a faulty and irre- thirds of Americans that live beyond 65 tainable solutions much more difficult. sponsible policy initiative which would will need long-term care. The CLASS Moreover, in the majority’s rush to re- burden people in our health systems. Act, a bipartisan addition to the 2010 peal, they have overlooked a vital com- Regardless of when individuals may health reform, seeks to help provide ponent that will also be affected by need these services, there is a lack of access to quality, affordable insurance this bill, the National Clearinghouse financing options to help them pay for for long-term care. The program must for Long Term Care. the services they need to maintain be actuarially sound and legally solid. The clearinghouse, which was estab- their health, independence, and dignity Why would we repeal this bill? It is lished with close-to-unanimous Repub- when they lose the capacity to perform time for the majority to stop playing lican support, is the only dedicated basic daily activities without assist- games and to get serious about fixing place for individuals to learn about ance. the economy. America needs more jobs, their long-term care options. However, Medicare does provide limited pay for not less health care. a vote for this bill is a vote to strip long-term care services. Medicaid does I urge my colleagues to stand up for funding from this vital public resource. cover, but pays only for services for seniors and oppose this repeal. Mr. PITTS. I reserve the balance of In fact, the original bill abolished the people with very limited means. Many my time. program altogether until I fought to private long-term care insurance plans Mr. PALLONE. Madam Chair, I yield save it in our committee. are costly and difficult to acquire. I 2 minutes to the gentleman from Texas And while the authorization has been say that the real answer is to retain (Mr. DOGGETT). saved, we all know that a program services that we are currently poised to Mr. DOGGETT. Is it just too much to without any funding is not much of a provide. ask that seniors that are struggling in program. So the result is yet one more I oppose H.R. 1173. a nursing home after a lifetime of work obstacle for American families trying Mr. PITTS. Madam Chair, I yield 1 get a little economic security, that to care for their loved ones. These are minute to the gentleman from Ken- they get a little dignity? Is it too much the people who will lose out, and defi- tucky (Mr. GUTHRIE). to bring just a little peace of mind to nitely lose out by this repeal. Mr. GUTHRIE. I thank the gen- a family that is burdened with a parent So I strongly urge my colleagues to tleman for yielding. that is suffering from Alzheimer’s or I rise today in support of H.R. 1173, to vote against this bill. some other debilitating condition? Mr. PITTS. Madam Chair, I yield 1 repeal the CLASS Act established in Sadly, this does appear to be too much minute to the gentleman from Illinois the Patient Protection Affordable Care to ask from some here. (Mr. LIPINSKI). Act. One year ago, the House Republican Mr. LIPINSKI. I rise today in support The CLASS Act was unsustainable majority’s first major action, once of fiscal responsibility and in support and unworkable from the time it was they gained control of Congress, was to of H.R. 1173. The CLASS program was enacted. Even at the time the health repeal health insurance reform. At the created with a good intention, reliev- care bill was passed, it was evident time they did that, they said they were ing the crushing burden of long-term that the health care program was com- for ‘‘repeal and replace.’’ But the only care. But we have known from the be- pletely unworkable. The CLASS Act is replacement they offered for their re- ginning that this program would not be such an egregious budget gimmick that peal was a little flimsy 11⁄2-page bill able to sustain itself without a massive even Health and Human Services Sec- that I call ‘‘the 12 platitudes.’’ bailout from taxpayers. The CBO said retary Kathleen Sebelius has admitted so. Medicare’s Chief Actuary said so; the program is unsustainable. b 1500 and, more recently, Secretary Sebelius Repeal of the CLASS Act isn’t as They proved to be only platitudes be- concluded the CLASS Act was totally scary as those on the other side would cause during the intervening months, unsustainable and decided not to im- have you think it would be. In fact, the they’ve done nothing about long-term plement it; and for this, I give her cred- Obama administration has already ac- health care or any other kind of health it. knowledged the program is unworkable care for the American people. But the program is still in law. And in its current form and has halted ef- Today, they continue to deny Ameri- given the trillion-dollar deficits that forts to establish the program. How- cans actual solutions to health care we face, the only option right now is to ever, the CLASS Act remains on the problems, and once again, they have a make sure that the taxpayers are not books. flimsy 11⁄2 page bill. They don’t have left with an unsustainable program in I strongly support ensuring Ameri- ‘‘repeal and replace,’’ they have ‘‘re- a big bill. cans have access to long-term care. In peal and deny.’’ They’re in a state of

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.053 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H326 CONGRESSIONAL RECORD — HOUSE February 1, 2012 denial that there is a problem with business is hampered by the uncer- body of failing, but you don’t have a long-term care, and they continue to tainty of tax policy, regulations, and plan yourself. deny meaningful relief to families that ObamaCare. Where is your heart for the middle are struggling with health care bills, I had one in Dallas, Texas, after hav- class? Have you no heart? and particularly, long-term health care ing to lay off 24 people in the last 2 ANNOUNCEMENT BY THE ACTING CHAIR bills. years, who wrote to me and said: You The Acting CHAIR. Members should There is a 75 percent chance that know what? We’re going to have to ter- remember that all remarks must be ad- some American who reaches age 65 will minate one more in February due al- dressed to the Chair and not to one an- find themselves in need of long-term most entirely to the impact on my other in the second person. care. Paying for that care can bank- business of the health care reform we Mr. PITTS. I continue to reserve the rupt a family and the children of a par- have. We are stymied. balance of my time. ent who needs that kind of care. An av- There is no doubt that the Presi- The Acting CHAIR. The gentleman erage cost for nursing home services, dent’s health care plan is killing jobs. from New Jersey has 2 minutes remain- for example, of $70,000 can surely and House Republicans have repealed it in ing. The gentleman from Pennsylvania quickly sink a lifetime of savings. its totality. It has been blocked by the has 4 minutes remaining. The CLASS Act is far from perfect. It President, by Democrats. So if we can’t Mr. PALLONE. I suggest that you go needs to be changed. But instead of re- do it in its totality, we’ll do it piece- next because I only have myself, and pealing it, we ought to be focusing on meal. then we’re going to move to Ways and necessary changes. Where is the com- We need to start out by repealing the Means. mitment to doing something about CLASS Act, which Secretary Sebelius Mr. PITTS. Madam Chair, I believe long-term care? There haven’t even has said is totally unsustainable. Dem- we have the right to close, and we have been hearings on how to resolve this ocrat Senate Budget Committee Chair- just one speaker. problem. man KENT CONRAD called it a Ponzi I reserve the balance of my time. The Acting CHAIR. The time of the scheme of the first order. Mr. PALLONE. I yield myself the gentleman has expired. The President’s policies have failed. balance of the time. Mr. PALLONE. I yield the gentleman It’s time to enact the House Repub- Madam Chair, I just want to stress another 30 seconds. lican Plan for America’s Job Creators. again, you know, I hear from the other Mr. DOGGETT. There was a leg- It’s time to repeal the CLASS Act. side of the aisle over the years how endary Texas House Speaker of this Mr. PALLONE. Madam Chair, I yield people should take personal responsi- body, Sam Rayburn, who said that it 2 minutes to the gentleman from New bility. The idea of the CLASS Act is takes a master carpenter to build a Jersey (Mr. PASCRELL). that people pay into the trust fund, and barn but any mule, I think he said, can Mr. PASCRELL. Madam Chair, I’m then when they become disabled, they tear one down. tired of hearing the President is a fail- take the money out to pay for services Well, it’s time that we get together ure. I’m tired. You can smirk all you so that they can stay in their home and to build a solution for long-term health want. There’s no perfection on this don’t have to go to a nursing home. care, not just tear it down. floor. There’s no perfection down the Now, when they do that, they save Mr. PITTS. It is unconscionable to street. You didn’t give these speeches the government money because this is promise something to people when you in 2008 when we were losing 500, 600, their own money that is being spent to know it won’t be there. 700,000 jobs a month. Not one of you Your own administration admits the keep them in their home, to keep them came to the floor. Shame on you. CLASS Act doesn’t work. Zero people in the community so they don’t have Now what we want to do, we want to will be enrolled in the CLASS Act. to spend down and then eventually be- turn our backs on those 10 million They have a program that does not come a ward of the State, essentially, Americans currently who need long- work, a program they know that does because Medicaid ends up paying for term care. We have no alternative. not work. That is building a false sense their nursing home care. We all agree that there needs to be So this is a solution to a long-term of security in people instead of working change in the present system that has care problem. Not a complete solution, on the real policy. I yield 2 minutes at this time to the yet to work. We have to find a way to but certainly a partial solution. make long-term care both accessible I agree with Mr. PASCRELL, which is gentleman from Texas (Mr. HEN- and affordable. These problems will not that when I listen to the other side of SARLING), our conference chair. Mr. HENSARLING. Madam Chair, it simply disappear. They’re not going to the aisle, the gentleman from Texas is clear that the President’s policies go away. was quite clear: Let’s repeal the entire have failed. One in seven now have to This bill certainly does not fix these Affordable Care Act. If we can’t repeal rely on food stamps. Half of America problems. The bill does not even pro- the whole thing, then we’ll repeal it now is either classified as low income vide an alternative. All it does is at- piecemeal piece by piece, which is or in poverty, and millions remain un- tack the progress made in the Afford- what’s going on here today. Well, employed. able Care Act. You’ve tried to wean it again, it’s not a very responsible posi- Yesterday, the Congressional Budget down. You’ve tried to bevel it. You’ve tion unless you come up with an alter- Office announced one more of the tried to covet. You tried to take all the native. President’s failures, and that is, he is money away that’s going into it in We’re in the Energy and Commerce on track to deliver his fourth trillion order to have a system in this country Committee. We’ve had hearings on dollar-plus deficit in a row. that was not sustainable in the first this. I’ve yet to hear anyone come up Somebody needs to tell the President place. on the Republican side with an alter- we’ve got to quit spending money we Sixty-two percent of small businesses native. All they keep saying is let’s don’t have for jobs we never get. over the last 5 years went under be- just repeal this and we’ll figure some- One more failure, Madam Chair, is cause they couldn’t pay their health thing out down the line. the President’s health care program. care bills, and you stand there with no The problem with that is that Mr. Not a week goes by that I don’t hear alternative whatsoever. Whatever hap- PASCRELL said there are 10 million from hardworking, small business peo- pened to the ‘‘replace’’ part of the ‘‘re- Americans who need long-term care. ple in the Fifth District of Texas. peal and replace?’’ Remember that? Soon it will be 15 or eventually 20 mil- I heard from a furniture businessman That nonsense we heard last year? lion. So every day that goes by there is in Garland, Texas, who told me: I could Without the CLASS Act or an alter- not a solution for these people, and the start two companies and hire multiple native, people who struggle the most disabled community and the senior cit- people, but based on this administra- with daily tasks due to illness will be izen community are crying out for tion and the lack of facts with the ones to suffer. You know that. You some kind of relief. ObamaCare, I’ll continue to sit and know there are millions of people out So all I say to my colleagues on the wait. there suffering, yet we have not come other side of the aisle is, don’t just I heard from a gentleman who ran a up with an alternative plan. Yet you keep talking about repeal. I’ll use the music business in Palestine, Texas: Our condemn this, yet you accuse every- term ‘‘mend it, don’t end it.’’ Let’s not

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.097 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H327 end today the effort to try to find long- report on the CLASS Act that essen- the aisle, and we’ve discussed some of term care solutions for America’s sen- tially found the Obama administration them in the Ways and Means Com- iors and for the disabled. could not make the program actuari- mittee. There are bills on both sides of b 1510 ally sound or credibly sustainable, to the aisle on which I believe we could quote the President’s fiscal commis- work together in a true bipartisan It simply isn’t fair to come here on sion, over a 75-year period. fashion to solve this problem—but the the floor repeatedly and say ‘‘repeal, Thank God for Senator Judd Gregg CLASS program is clearly not the an- repeal, repeal’’ and not have an answer. for putting that amendment in on the swer. At any time, I am more than willing to Senate side that called for fiscal sus- Washington should learn three les- sit down with the chairman of the sub- tainability and the certification by the sons from this debacle, ObamaCare’s committee or with any other Member Secretary over a 75-year period of time failed government-run program: and come up with a bipartisan solu- or it could not go forward, and that’s First, don’t ignore reality. Demo- tion, but I haven’t heard it yet. exactly what happened. crats ignored the expert actuarial The Acting CHAIR. The gentleman’s Based on the evidence the CLASS warnings when they used CLASS as a time has expired. program is not simply flawed—it is budget gimmick in ObamaCare. Presi- Mr. PITTS. Madam Chair, to close on broken. As currently written, it poses a dent Obama cannot create a self-funded our side, I yield such time as he may clear danger to the fiscal health of our sustainable program that prohibits un- consume to a distinguished member of budget and to the American taxpayer. derwriting unless he intends to force the Health Subcommittee, the gen- In defending this broken program, healthy Americans to participate. tleman from Georgia, Dr. GINGREY. some of my colleagues have told me What does that mean? Madam Chair, The Acting CHAIR. The gentleman that there is no need to repeal CLASS that means an individual mandate, an- from Georgia is recognized for 4 min- because the Secretary has already other individual mandate. utes. abandoned it. Yet every day that we Many constitutional scholars think Mr. GINGREY of Georgia. Madam delay in repealing CLASS, we prevent that this is unconstitutional. We don’t Chairman, as the co-lead sponsor of Congress from passing meaningful, true need another individual mandate. In this bill, I rise in strong support of long-term care reform. All sides admit fact, Senator HARKIN said that the H.R. 1173. I commend Dr. BOUSTANY and that CLASS does not work, so the pru- problem with CLASS is that it’s vol- Chairman PITTS for their leadership on dent step is to repeal it. untary. I think he basically put the this issue, and I thank Mr. LIPINSKI on In closing, I urge all of my colleagues cards on the table and showed that the Democratic side. to support this legislation so that we what they want to do to fix CLASS is In response to a question I put to him can get to the meaningful reform of to give us another individual mandate. in March of last year, CBO Director long-term care and have the market- Most enrollees in CLASS will be high- Douglas Elmendorf wrote: ‘‘The Sec- place work its magic in regard to this risk, causing premiums to skyrocket retary of Health and Human Services so that the penetration is greater than under the current program, making has now concluded that the CLASS the current penetration, which is less CLASS even less appealing to average program cannot be operated without than 10 percent. American families. The premiums will mandatory participation so as to en- With that, Madam Chairman, I would be unsustainable, and it will require sure its solvency.’’ HHS Secretary urge all of my colleagues to support subsidies from the taxpayer. Kathleen Sebelius called the program the repeal of a broken, failed program, So, the first lesson: Don’t ignore re- insolvent, and Democratic Senator the CLASS Act. ality. KENT CONRAD, chairman of the Senate The Acting CHAIR. The time of the The second lesson: Don’t break the Budget Committee, called the program gentleman has expired. law. in 2009 a Ponzi scheme. In fact, he went Mr. BOUSTANY. Madam Chair, I The administration planned to break on to say that it would make Bernie yield myself such time as I may con- the law by excluding Americans made Madoff proud. sume. eligible by the statute. When the Con- Madam Chair, during its consider- As a physician, I know firsthand of gressional Research Service attorneys ation in 2009, CMS Actuary Richard this really dire need to solve the prob- warned of lawsuits, I sent letters to Foster told the Obama administration lem for many families across this coun- Secretary Sebelius for her legal au- staff: ‘‘Thirty-six years of actuarial ex- try who are struggling with their long- thority to make this change. She then perience lead me to believe that this term care needs. I am the oldest of 10 subsequently suspended the program, program would collapse in short order children, and my father was a physi- but this doesn’t correct the bad law. and require significant Federal sub- cian. He died 3 years ago from a Unless we repeal CLASS, the Depart- sidies to continue.’’ He was ignored. In lengthy illness, and required a lot of ment of Health and Human Services fact, he was eventually cut out of the care at home. He did not have long- will break the law when it misses the email loop. The Health Committee on term care, but we gladly bore that bur- deadline in October and again in 2014. the Senate side and the staff of Senator den and were able to provide for him That’s not a very good example to set Kennedy didn’t want to hear any more even though it was somewhat of a for the American people to have the ad- from him. strain. ministration breaking the law. Subsequently, in December of 2010, This is a serious problem facing So, first, don’t ignore reality. the President’s fiscal commission rec- every single family in this country. Second, don’t break the law. ommended Congress reform or repeal— Yet what we’ve seen now is a program Third, don’t compound our Nation’s not amend—the CLASS Act. The com- that was created in ObamaCare, a pro- long-term fiscal problems. mission report stated: ‘‘Absent reform, gram that is clearly unsustainable by A Democrat under the Clinton ad- the CLASS program is . . . likely to re- the administration’s own admission. ministration, former Congressional quire large general revenue transfers or After almost a year now of wrangling Budget Office Director Alice Rivlin, else collapse under its own weight. The about this, they’ve finally come to the wrote: Since the CLASS program is a commission advises the CLASS Act be conclusion that we knew before the bill new unfunded entitlement, it should be reformed in a way that makes it even passed: that this was repealed because it will increase the credibly sustainable over the long unsustainable, that it was unworkable, deficit over the long term. In fact, the term. To the extent this is not pos- that it was fatally flawed. President’s own deficit commission sible, we advise it be repealed.’’ As a physician, I know the worst agrees that our grandchildren simply In February of 2011, Secretary thing you can do for someone is to cre- cannot afford a new budget-busting en- Sebelius testified before a Senate Fi- ate false hope, and that’s what this has titlement. nance Committee hearing that the done. As long as this stays on the We can do better than this, Madam CLASS program was ‘‘totally insol- books, on the statute books, we’re not Chair, and we can work together to vent’’ as structured and needed to be going to get anything done on this. solve this problem. I urge my col- reformed in order to work. Then, in Oc- We’re not going to solve it. Now, there leagues on both sides of the aisle to tober of 2011, the Secretary released a are many good ideas on both sides of support this CLASS repeal, to support

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.056 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H328 CONGRESSIONAL RECORD — HOUSE February 1, 2012 H.R. 1173. Beyond this, we will have the tures. And we continue to have an im- They urge Congress to ‘‘reject H.R. impetus to actually do some real work balanced Tax Code that lets Members 1173, and instead focus on a construc- to create a real program that works for of Congress get richer at the expense of tive path forward.’’ the American people. We can make it working families, and we’ve done noth- I ask that this letter be inserted into easier for disabled Americans to save ing to change that. the CONGRESSIONAL RECORD as part of for future needs; we can expand access Yet rather than tackle any serious this debate. to affordable, private long-term care problems, the Republicans are using JANUARY 31, 2012. coverage; and we can better educate the very little time that they permit Hon. JOHN BOEHNER, Americans on the need for retirement Congress to be in session to debate re- Speaker of the House, House of Representatives, planning. pealing the law that the President has U.S. Capitol, Washington, DC. already made clear will not be imple- Hon. NANCY PELOSI, CONGRESS OF THE UNITED STATES, Democratic Leader, House of Representatives, Washington, DC, January 31, 2012. mented. In other words, we should re- U.S. Capitol, Washington, DC. Hon. KATHLEEN SEBELIUS, peal a law that isn’t going to happen. DEAR SPEAKER BOEHNER AND DEMOCRATIC U.S. Department of Health & Human Services, Now, that’s a vital use of our time. LEADER PELOSI: The undersigned organiza- Independence Ave., SW., Washington, DC. He’s clearly stated, the President has, tions write to oppose legislation, H.R. 1173, DEAR SECRETARY SEBELIUS: We write this that the CLASS Act, as part of the Af- to repeal the Community Living Assistance as a follow up to our unanswered November fordable Care Act, can’t meet the tests Services and Supports (CLASS) program and 2011 letter to President Obama regarding the respectfully urge members to reject such leg- failed CLASS program. In the letter, we put in the statute. islation. asked whether the Administration has a Now, remember that Republicans In 2008, 21 million people had a condition legal obligation to implement the program. probably would like to repeal all of that caused them to need help with their Last year, you announced you could not ObamaCare, and I’m not sure exactly health and personal care. Medicare does not find ‘‘a viable path forward for CLASS imple- which part they want mostly to repeal. cover long-term services and supports mentation at this time.’’ Legal experts at In other words, I assume that the 2.5 (LTSS), yet about 70 percent of people over the Congressional Research Service (CRS) million youngsters who now get health age 65 will require some type of LTSS at say you do ‘‘not appear to have discretion to some point during their lifetime. As our pop- decide whether or not to designate a plan by insurance, the Republicans would like ulation ages, the need for these services will October 1, 2012.’’ If the deadline expires, they to kick them off the rolls and let them only grow. In addition, about 40 percent of say you will be ‘‘committing a facial viola- go to work or earn their own way to the individuals who need LTSS are under age tion’’ of the 2010 health law. Finally, ‘‘the health insurance. 65 and LTSS can enable individuals to work CLASS Act does not preclude judicial re- It’s lowered prescription drug costs, and be productive citizens. view’’ and ‘‘a failure by the Secretary to des- ObamaCare has, for millions of seniors, Regardless of when individuals may need these services, there is a lack of financing ignate a CLASS benefit plan by October 1, for a bill that the Republicans wrote 2012 . . . would appear to be a final agency options to help them plan and pay for the that was too costly. I presume the Re- services they need to help them live inde- action from which ‘legal consequences will publicans would like to raise the cost flow.’ ’’ pendently in their homes and communities In light of the findings by the CRS, does of pharmaceuticals for seniors. Repub- where they want to be. Family caregivers the Obama Administration intend to openly licans generally like to do anything are on the frontlines. They provided care val- violate the law as the 2012 and 2014 deadlines that the pharmaceutical obviously ued at $450 billion in 2009—more than the total spending on Medicaid that year. Pri- for CLASS expire? If not, when do you intend asks them to do, and I’m surprised vate long-term care insurance helps some to resume implementation of CLASS? What they haven’t brought that up yet. people pay for the cost of services, but it is justifications can the Administration pro- I understand that my good friend, Dr. not affordable for most, and some people are vide to Congress and the American people in BOUSTANY, actually has the makings of not even able to qualify for it. Too often, the the event that the Secretary’s failure to ad- a bill that would help long-term care. cost of services wipes out personal and re- here to the law results in a costly court bat- tirement savings and assets that are often tle, effectively delaying meaningful long- And I also understand that the only already insufficient—as a result, formerly term care reform in the process? Please ex- reason he hasn’t introduced it—I’d be middle class individuals are forced to rely on pedite a written response to these questions. glad to make it an amendment if it’s Medicaid to pay for the costs of LTSS. There Democrat and former Congressional Budg- ready to go right now—is that the are few options for individuals to help them et Office Director Alice Rivlin wrote: ‘‘Since health insurance industry doesn’t like pay for the services they need that could the CLASS program is a new unfunded enti- it. Well, if the health insurance indus- help them delay or prevent their need to rely tlement, it should be repealed because it will try doesn’t like it, it must be spectac- on Medicaid, the largest payer of LTSS. increase the deficit over the long term.’’ ular, and I hope we’ll see it. Maybe That’s why we support the CLASS pro- Our grandchildren simply cannot afford a gram—to give millions of working Ameri- new budget-busting entitlement. We urge you’ll tell us a little bit about it, and I’d like to applaud it because he has cans a new option to take personal responsi- you to join us in support of CLASS repeal, bility and help plan and pay for these essen- and to support bipartisan efforts to expand done some great work in this area, and tial services. CLASS could also take some fi- access to affordable private long-term care we need to do this. nancial pressure off Medicaid at the state coverage. The fully implemented ObamaCare, and federal levels—paid for by voluntary pre- We appreciate your attention to this mat- health care, whatever you want to call miums, not taxpayer funds. For us, this is ter. it, by 2014 will extend affordable, qual- about the financially devastating impact Sincerely, ity medical care to 32 million unin- that the need for LTSS has on families CHARLES W. BOUSTANY, sured Americans. That’s a plan. Maybe across this country every day and the essen- JR., MD, we could change it. Maybe we could tial, compelling and urgent need to address Member of Congress. this issue. Every American family faces the PHIL GINGREY, MD, make it quicker. Maybe we would ex- reality that an accident or illness requiring Member of Congress. tend it to more people. Maybe we could long-term care could devastate them finan- I reserve the balance of my time. save some money. But that has to cially. This issue affects the constituents of come from the other the other side of every U.S. Representative. CLASS is an ef- b 1520 the aisle. fort to be part of the solution. The CLASS Mr. STARK. Madam Chair, I yield We oppose this, and I’d like to think actuarial report established that CLASS can myself such time as I may consume that our Republican friends would still be designed to be a ‘‘value proposition,’’ I’d like to point out that the last work with us to improve it and move although development work was still needed. The actuarial report also noted that federal time I watched television, they told me us in that direction. actuaries ‘‘. . . agreed that certain plans, de- that we still have troops in Afghani- I’d like to highlight a letter of oppo- signed to mitigate the adverse selection risk stan who should be brought home. And sition to repealing the CLASS Act that . . . can be actuarially sound and attractive we’ve not addressed the Medicare phy- is signed by more than 70 organizations to the consumers.’’ Rather than repeal sician payment cuts, the payroll tax representing millions of senior citi- CLASS, we urge continued dialogue and de- cut extension, unemployment insur- zens, people with disabilities, and peo- velopment of a viable path forward. The need ance extension. Roads, bridges, and ple suffering from various diseases. to address LTSS and how these services will public transit systems are falling These groups include: AARP, the Au- be paid for in a way that is affordable to in- dividuals and society as a whole will not go apart, and Congress hasn’t brought tism National Committee, the AFL– away. forth legislation to invest in the infra- CIO, and Easter Seals, and United Cere- Families will continue to need a workable structure to repair those vital struc- bral Palsy. LTSS option to protect themselves; and a

VerDate Mar 15 2010 06:07 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.058 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H329 path forward is essential because the need ices and Supports (CLASS) program. Please Medicare does not cover long-term care for these services will only continue to grow. do not support this bill when it comes to the services. Medicaid does cover long-term care We appreciate your consideration of our House floor this week. but Medicaid pays only for services for peo- views that are based on the experiences of The Leadership Council of Aging Organiza- ple with very limited financial means. Pri- millions of families across this country. We tions (LCAO) is a coalition of 66 national vate long-term care insurance can be costly urge you to reject H.R. 1173, and instead nonprofit organizations concerned with the and difficult to purchase, especially if an in- focus on a constructive path forward. well-being of America’s older population and dividual has a pre-existing condition. Indeed, Sincerely, committed to representing their interests in only about one-in-ten Americans age 55 and AAPD; AARP; ACCSES; AFL-CIO; the policy-making arena. older has long-term care insurance. AFSCME; Alliance for Retired Americans; We support the CLASS program as a prom- The CLASS program is not perfect and Alzheimer’s Foundation of America; Amer- ising means of effectively financing the long- may need modifications, but now is not the ican Association on Health and Disability; term services and supports that thousands of time to accept the status quo for the financ- American Counseling Association; American Americans come to need as they age or de- ing of long-term services and supports, which Dance Therapy Association; American Geri- velop a disability. Every family faces these relies by default almost exclusively on Med- atrics Society; American Music Therapy As- potential costs. CLASS gives families a icaid. Repealing the CLASS program is not a sociation; American Network of Community framework for responsibly planning for their solution and promotes a fiscal default policy Options and Resources; American Society on own long-term services and supports needs. of increasing Medicaid costs and requiring Aging; The Arc of the United States; Asso- Our currently fragmented system of paying middle-class Americans to impoverish them- ciation of Assistive Technology Act Pro- for long-term services and supports is in dan- selves in order to obtain long-term care. We grams; Association of University Centers on ger of crumbling under the weight of the urge you to oppose H.R. 1173. baby boom generation. Already an estimated Disabilities (AUCD); Autism National Com- Sincerely, 10 million Americans need long-term serv- mittee; Autistic Self Advocacy Network; CHARLES M. LOVELESS, ices and supports, and this number is pro- Bazelon Center for Mental Health Law; Brain Director of Legislation. Injury Association of America (BIAA). jected to increase to 26 million by 2050. Ac- knowledging the growing demand for serv- California Foundation for Independent Liv- LEADINGAGE, ices, the law also created the Personal Care ing Centers; Cape Organization for Rights of Washington, DC, January 17, 2012. Attendants Workforce Advisory Panel, work the Disabled (CORD); Center for Independ- DEAR WAYS AND MEANS COMMITTEE MEM- which must move forward if we are to build ence of Individuals with Disabilities; Center BER: I understand that the Ways and Means for Independent Living of South Florida; the strong workforce that America needs to Committee will vote January 18 on H.R. 1173, Inc.; Children and Adults with Attention- provide personal care services. legislation to repeal the Community Living CLASS was developed to provide a coordi- Deficit/Hyperactivity Disorder (CHADD); Co- Assistance Services and Supports (CLASS) nated, national public-private system for de- alition of Geriatric Nursing Organizations; program. livering long-term services and supports. Council for Exceptional Children; The Coun- I strongly urge you oppose this bill. Amer- Nearly half of all funding for these services cil on Social Work Education; Direct Care ican families need the CLASS program to ef- is now provided through Medicaid, which is a Alliance; Disability Rights Education & De- fectively plan for the costs of long-term growing burden on states and requires indi- fense Fund; Easter Seals; Epilepsy Founda- services and supports. tion; Health & Disability Advocates; Inter- viduals to become and remain poor to re- These costs now are covered primarily by ceive the help they need. There is also an in- National Association of Business; Industry Medicaid, an entitlement program that is a stitutional bias in Medicaid whereby ap- and Rehabilitation; LeadingAge; Lutheran growing and unsustainable burden on both proximately two-thirds of all spending is di- Services in America; Mental Health Amer- federal and state budgets. Currently Med- rected towards nursing homes and other in- ica; The National Alliance for Caregiving; icaid covers 49% of the total cost of paid stitutions instead of preferred community- National Alliance on Mental Illness (NAMI); long-term services and supports, making it based services and supports. National Association of Area Agencies on CLASS is a promising approach to effec- the predominant source of financing in this Aging (n4a). tively meeting the costs of long-term serv- field. National Association of County Behavioral These costs will not disappear if the ices and supports. Thousands of Americans Health and Developmental Disability Direc- do not qualify for private long-term care in- CLASS program is repealed, and there is no tors (NACBHDD); National Association of surance due to underwriting practices, and effective alternative to cover them. All but the Deaf; National Association for Geriatric this kind of insurance is unaffordable for the wealthiest Americans have insufficient Education (NAGE); National Association for many more. Reverse mortgages assume home income and savings to cover the cost of long- Home Care & Hospice; National Association ownership with substantial equity, which ex- term nursing home care or even extensive of Councils on Developmental Disabilities; cludes thousands more individuals and fami- services provided in a home- and commu- National Association of Nutrition and Aging lies. nity-based setting. Private long-term care Services Programs (NANASP); National As- There is no effective and affordable alter- insurance, for which there already are tax sociation of Professional Geriatric Care native to CLASS at this time. We urge you incentives, covers only a small fraction of Managers; National Association of Social to vote against H.R. 1173 when it comes to a long-term services and supports. Reverse Workers; National Association of State Di- vote this week in the House. mortgages are becoming less useful as a rectors of Special Education (NASDE); Na- Sincerely, source of long-term services and supports fi- tional Association of State Head Injury Ad- WILLIAM L. MINNIX, Jr., nancing due to the current state of the real ministrators; National Center on Caregiving; President and CEO, estate market. Family Caregiver Alliance; The National Chair, LCAO. Without CLASS, people who need help with Center for Learning Disabilities; National the most basic activities of daily living will Committee to Preserve Social Security and AMERICAN FEDERATION OF STATE, continue to be thrown onto the Medicaid Medicare; The National Consumer Voice for COUNTY AND MUNICIPAL EMPLOY- rolls. The federal and state governments will Quality Long-Term Care (formerly EES, AFL-CIO, have to continue paying for needed long- NCCNHR); National Council on Aging; Na- Washington, DC, January 24, 2012. term services and supports, but without the tional Council for Community Behavioral DEAR REPRESENTATIVE: On behalf of the 1.6 revenues that the CLASS program would Healthcare; National Council on Independent million members of the American Federation generate. Living; National Disability Rights Network; of State, County and Municipal Employees Over the last several decades, policy- National Down Syndrome Congress. (AFSCME), I write to urge you to oppose makers, health economists and other experts National Multiple Sclerosis Society; The H.R. 1173, the misnamed Fiscal Responsi- have given much thought and debate to the National Rehabilitation Association; Na- bility and Retirement Security Act of 2011. issue of financing long-term services and tional Respite Coalition NISH; Paralyzed The bill repeals the Community Living As- supports. CLASS developed out of all of this Veterans of America; PHI–Quality Care sistance Services and Supports (CLASS) pro- deliberation as the proposal with the most through Quality Jobs; Physician-Parent gram, which was designed to be a voluntary promise for establishing a healthy, ethical Caregivers SEIU; Self-Reliance; Inc.; Serv- insurance program to help American workers and affordable system of financing these ices and Advocacy for GLBT Elders (SAGE); pay for long-term care services and supports costs. This program can give families an af- Social Work Leadership Institute/The New that they may need in the future. fordable means of planning for their futures York Academy of Medicine; United Cerebral The need for the CLASS program is huge and for the long-term services and supports Palsy; United Spinal Association; Volunteers and growing. Nearly 70% of people turning 65 needs that inevitably arise. of America. today will need, at some point in their lives, I hope you and members of your family help with basic daily living activities, such will never come to need the kinds of services LEADERSHIP COUNCIL OF as bathing, feeding and dressing. Repealing for which CLASS was designed to pay. But if AGING ORGANIZATIONS, the CLASS program and replacing it with you ever do, you will understand fully why January 30, 2012. absolutely nothing offers no help to millions the CLASS program has attracted such DEAR MEMBER OF CONGRESS: The Leader- of Americans who want to maintain their broad support. ship Council of Aging Organizations, (LCAO) health, independence, and dignity when they Repealing CLASS would undo years of strongly opposes H.R. 1173, legislation to re- lose the capacity to perform basic daily ac- work toward an effective means of financing peal the Community Living Assistance Serv- tivities without assistance. long-term services and supports needed and

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.026 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H330 CONGRESSIONAL RECORD — HOUSE February 1, 2012 used by thousands of Americans and their So I would encourage my Republican That’s why I was glad to hear the families. What other option addresses these colleagues—and I know many of them Secretary backtrack on her prior sup- needs? share this sentiment, that this does not port and pull the plug on the program, Please oppose H.R. 1173 when it comes be- fore the Ways and Means Committee. end the work that has to go on. We’ve and it’s why I support a statutory re- Sincerely, got to figure out a way to start talking peal of the CLASS Act today. This act WILLIAM L. MINNIX, JR., to each other, listening, trusting each was designed as a new national entitle- President and CEO. other to come up with some solutions. ment for purchasing community-living Madam Chair, how much time do I This isn’t that solution today. assistance services, and it was used by have remaining? Mr. BOUSTANY. Madam Chair, I this administration as a pay for to sub- The Acting CHAIR. The gentleman yield 2 minutes to the gentleman from stantiate their faulty claim that from California has 71⁄2 minutes re- California (Mr. HERGER), the distin- ObamaCare was going to reduce the maining. guished chairman of the Health Sub- deficit. Mr. STARK. I yield 2 minutes to the committee on the House Ways and However, as I and many others point- gentleman from Wisconsin (Mr. KIND). Means Committee. ed out at the time, the deficit reduc- Mr. KIND. I thank my friend from Mr. HERGER. Madam Chair, I rise in tion claim was bogus and based on California for yielding me this time. strong support of H.R. 1173, the Fiscal budget gimmicks that proved false Madam Chair, I rise in support of the Responsibility and Retirement Secu- when HHS began implementation. You resolution. I do so because I believed at rity Act. see, the CBO can only project the cost the time when the CLASS Act was in- It’s now clear that long before the of bills in a 10-year budget window, so serted in the Affordable Care Act it Democrats’ health care overhaul was the Obama administration used a budg- wasn’t a sustainable program. And sure passed, the Obama administration et trick by setting up the CLASS Act enough, when Secretary Sebelius and knew that the CLASS Act was a seri- to begin collecting premiums in 2012 those at the Department of Health and ously flawed program that could not be but not paying out benefits until 2017. Human Services had a chance to ana- implemented. For example, Medicare Great for years 1 through 10, but very lyze it and try to implement it, they actuary Rick Foster said way back in bad for years 5 through 15 or later. reached the same conclusion. June of 2009: ‘‘Thirty-six years of actu- This gimmick led CBO to report that I just hope that today my Republican arial experience lead me to believe that the program would reduce the deficit, colleagues don’t take too much glee or this program would collapse in short but it certainly doesn’t take a CPA to delight over the fact that this resolu- order and require significant Federal realize that these initial savings can’t tion will pass and it repeals yet an- subsidies to continue.’’ be sustained over time. While we anx- other small section of the Affordable Yet these warnings went unheeded iously await the Supreme Court’s deci- Care Act, because just by repealing it and the CLASS Act remained in the sion on the constitutionality of without replacing it doesn’t solve the ObamaCare’s individual mandate, I problem with the rising long-term health care bill 9 months later because health care costs that our Nation faces. it created an illusion of budget savings, urge my colleagues to support the re- I know my friend Dr. BOUSTANY an illusion based entirely on the fact peal of this failed portion of the bill shares his interest in trying to find a that it was designed to collect pre- today so we can get this budget gim- fix to this situation, and I hope that miums for a full 5 years before it would mick off the government’s books. the parties are able to come together have to start paying benefits. Yester- Mr. STARK. I reserve the balance of and address one of the paramount chal- day the Congressional Budget Office es- my time. lenges that we’re still facing in health timated that the cost of Federal health Mr. BOUSTANY. Madam Chair, I’m care: How do you incent young, care entitlement programs will more pleased to yield 1 minute to the gentle- healthy people to invest in their long- than double over the next decade. woman from Tennessee (Mrs. BLACK), a term health care needs? It’s difficult to Madam Chairman, for the sake of our member of the Ways and Means Com- do. Nation’s future, we must get these mittee. And I appreciate the work by those costs under control. The CLASS Act is Mrs. BLACK. I thank the gentleman who supported CLASS, recognizing the an unsustainable program that, if it for yielding. challenge that we faced and trying to ever begins operating, would inevitably Madam Chair, I rise today in support come up with a solution. This just need a major taxpayer bailout. By re- of my colleague from Louisiana’s legis- wasn’t the answer. pealing it today, Congress can send a lation repealing this unsustainable And to my Democratic colleagues, I clear message that we are going to budget gimmick created to make the never believed that passage of the Af- start finding solutions to rising health health care law look less expensive. fordable Care Act—which I did sup- care costs instead of making the prob- The CLASS Act was a long-term en- port—was the end-all, be-all for health lem worse. titlement that was plagued with prob- care reform. In fact, the great poten- Mr. STARK. I reserve the balance of lems from the very beginning. From tial of the Affordable Care Act was the my time. day one, concerns were raised about vast experimentation that needs to Mr. BOUSTANY. Madam Chair, may the CLASS program’s unsustainable take place in reforming the health care I ask how much time remains? cost structure, and the administration delivery system and the payment sys- The Acting CHAIR. The gentleman ignored it. tem to learn what’s working and what from Louisiana has 31⁄2 minutes re- I have a chart that was presented to isn’t working and then drive the sys- maining, and the gentleman from Cali- us in our Ways and Means Committee tem to greater efficiency, better qual- fornia has 51⁄2 minutes remaining. in the markup of this bill, and from the ity outcomes, and a better bang for our Mr. BOUSTANY. I yield 11⁄2 minutes very beginning there were six different buck. That, to me, is what health care to the gentlewoman from Kansas (Ms. occasions, and up until March 20 when reform is going to look like in the JENKINS), a member of the House Ways it was passed, of experts who said this years to come. It’s going to be an ongo- and Means Committee. was unsustainable, and they’ve already ing effort trying to determine what is been referenced by prior speakers. b 1530 working and what isn’t. The CLASS Since that time of passage there were Act, clearly, the way it was structured, Ms. JENKINS. I thank the gentleman four others, including Secretary was something that wasn’t going to for yielding. Sebelius in October of 2011, who also work. There aren’t many areas where the said: ‘‘I do not see a viable path for- So I agree with the resolution today former Kansas Governor and current ward for the CLASS implementation.’’ that we should repeal it. It’s the same Secretary of Health and Human Serv- This program, again, has been conclusion the administration, having ices, Kathleen Sebelius, and I agree, unsustainable from the very beginning. a chance to look at it, reached them- but one thing that we do agree on is I think what is so sad is we continue to selves. But it doesn’t leave us off the that the CLASS Act portion of the put our head in the sand and make the hook of trying to find a solution to one President’s health care package is American people believe that this pro- of the great challenges of long-term completely unviable and needs to be gram is somehow workable. This needs health care in this country. stopped. to be removed from our law so we can

VerDate Mar 15 2010 04:21 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.028 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H331 start again. This is a nonpartisan issue, Mr. STEARNS. Madam Chair, we need to lution that is self-sustaining, at no cost to tax and we all need to work together in a repeal this bad legislation. As Chairman of the payers. bipartisan way. As a nurse for over 40 Oversight and Investigations Subcommittee, As the estimated 76 million baby boomers years working with the elderly, I rec- we looked into the CLASS Act and the actions born between 1946 and 1964 become elderly, ognize the need for long-term care. of HHS. We issued a bicameral report on the Medicare, Medicaid, and Social Security will The Acting CHAIR. The gentleman failures of this fiscally reckless program. nearly double as a share of the economy by from Louisiana has 1 minute remaining Some Senate Democrats expressed that 2035. and the right to close. The gentleman they ‘‘had grave concerns that the real effect With each generation, Americans have been from California has 51⁄2 minutes re- of the [CLASS Act] would be to create a new fortunate to live longer lives; we continue to maining. federal entitlement with large, long-term plan on how to meet the needs of the aging Mr. STARK. Madam Chair, in clos- spending increase that far exceed revenues.’’ and the disabled. It is reasonable to assume ing, I repeat that there are real prob- Perhaps the most damning indictment came that over time the aging of baby boomers will lems in this country of much more ur- from the Senate Budget Chairman who char- increase the demand for long-term care. Esti- gency than trying to repeal a bill that acterized CLASS Act as ‘‘a ponzi scheme of mates suggest that in the upcoming years the doesn’t do anything, that won’t work, the first order, the kind of thing that Bernie number of disabled elderly who cannot per- that the President has said won’t be ef- Madoff would have been proud of.’’ form basic activities of daily living without as- fective. I urge my colleagues to join me This legislation is so fiscally unsound that sistance may be double today’s level. in voting ‘‘no’’ on this Republican even the Secretary of HHS has announced Repealing the CLASS program does nothing agenda to tear down our health system. that she does ‘‘not see a viable path forward to address the fact that private long-term care It’s mugwumpish. It just sticks your for CLASS implementation at this time.’’ This insurance options are limited and the costs head in the sand and says let’s repeal despite all her statements in support of are too high for many American families, in- things and let’s not go about fixing it. CLASS when the Democrats were ramming cluding many in my Houston district, to afford. As I said before, I’m sure Dr. BOU- Obamacare down our throat. In 2000, spending from public and private STANY has a great bill, and I’m hoping Under CBO rules, the CLASS failure will sources associated on long-term care amount- that he’ll bring it to us and we can pro- cost American taxpayers $86 billion—the most ed to an estimated $137 billion, for persons of ceed to deal with the problem of long- recent CBO project of the supposed savings all ages. By 2005, this number has risen to term care for our senior citizens. from the CLASS Act. However, if CLASS had $206.6 billion. I have seven children who would like gone into effect, it would have increased our Unless we act now, the costs associated to see that done very quickly and get deficit by the third decade. with long-term care will continue to rise. As it me off their hands, thank you very We need to repeal this fiscally unsound enti- stands, families are bearing the brunt of these much. And so anything we can do to- tlement. We need to stop wasteful spending. costs. Less than a decade ago those who gether, I look forward to working with We need to bring our country back to the path needed long-term care spent nearly $37.4 bil- the distinguished gentleman. With that, I yield back the balance of of fiscal responsibility and repealing CLASS is lion in out-of-pocket expenses. This is not sus- my time. an important first step. tainable for the majority of families; less than Mr. BOUSTANY. Madam Chair, I’m Ms. JACKSON LEE of Texas. Madam a decade ago we were not recovering from a pleased to yield my remaining time to Chair, I rise in opposition to H.R. 1173, ‘‘The recession. the gentleman from Minnesota (Mr. Fiscal Responsibility and Retirement Security The issue before us today is how we intend PAULSEN), a distinguished member of Act of 2011.’’ This bill would repeal title VIII of to treat our aging and disabled at a time when the Ways and Means Committee. the Patient Protection and Affordable Care Act they are in need of assistance that will have The Acting CHAIR. The gentleman and Supports, CLASS, Program—a national, a direct impact on their quality of life. from Minnesota is recognized for 1 voluntary long-term care insurance program CLASS comes into effect when a person is minute. for purchasing community living assistance at his most vulnerable. For example, when in- Mr. PAULSEN. Madam Chairman, I services and supports. Title VIII also author- dividuals are unable to clothe or bathe them- also want to rise in strong support of ized and appropriated funding through 2015 selves. CLASS would allow some individuals repealing this misguided CLASS Act. for the National Clearinghouse for Long-Term to remain in their home. It gives the aging, the We knew from the start that the Care Information, clearing house. H.R. 1173 disabled and their families a viable option. CLASS Act was fiscally unsustainable. would rescind any unobligated balances ap- Long-term care encompasses a wide range of But the President and those who sup- propriated to the National Clearinghouse for services for people who need regular assist- ported the new health care law used Long-Term Care Information. ance because of chronic illness or physical or this and inserted it as a budget gim- The CLASS Act was designed to provide an mental disabilities. mick to help pass the law. This new affordable long-term care option for the 10 mil- Although long-term care might include some program was an illusion, an illusion lion Americans in need of long-term care now skilled nursing care it consists primarily of help that was crafted so government would and the projected 15 million Americans that with basic activities of daily living, such as start collecting funds long before it will need long-term care by 2020. bathing, eating, and dressing, and with tasks would pay anything out, making it The CLASS program would allow the dis- necessary for independent living such as seem as if it would raise revenue and abled to be treated with respect and class. shopping, cooking, and housework, in essence save money. But in the long run it was Yet, once again, instead of focusing on cre- helping people who need help. obvious and it was clear the program ating jobs, instead of finding means to reduce Traditionally, most long-term care is pro- would have disastrous effects. our deficit, instead of addressing the most vided informally by family members and The CMS Chief Actuary himself said pressing needs of our nation today, my Re- friends. Some people with disabilities receive that if implemented, the program publican colleagues have put forth a measure assistance at home from paid helpers, includ- would collapse. And after months of that targets the aging and the disabled. They ing skilled nurses and home care aides. Nurs- failed attempts, even the administra- are supporting a measure that literally lacks ing homes are increasingly viewed as a last tion has finally admitted that the pro- class. This measure is a blatant attempt to re- resort for people who are too disabled to live gram was unworkable. peal the Affordable Health Care Act one title in the community, due to a number of factors, Madam Chair, Minnesota families at a time. cost being one. and small businesses are tired of the Like many Members of this body, I am dis- Madam Chair, I believe that we must leave smoke and mirrors coming out of appointed that the Department of Health and the framework that exists in place and work Washington. Let’s do the right thing Human Services, DHHS, has not been able to with seniors, families, industry, HHS and oth- today and repeal this terrible program, implement the CLASS provision of the Afford- ers to find a way to make the CLASS Act or and let’s focus on what’s really impor- able Health Care Act. Although the CLASS an alternative long-term care program work. tant: putting Americans back to work. program is not perfect, I cannot in good con- We cannot and we must not allow Medicaid to I want to thank my colleague on the science support repealing it at a time when we continue to be the only affordable long-term Ways and Means Committee from Lou- have no viable alternative for affordable long- care service available to Americans. American isiana. He’s a doctor, he’s a physician, term care. families should not have to spend down their he’s a leader in health care. Let’s do We have a growing aging population some savings or assets to access long-term care. the right thing and repeal this legisla- of whom will require long-term care. CLASS We must not forget that this is an issue we tion. provides the aging and the disabled with a so- must address. As of January 1, 2011, baby

VerDate Mar 15 2010 06:07 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00109 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.065 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H332 CONGRESSIONAL RECORD — HOUSE February 1, 2012 boomers will begin to celebrate their 65th bills that would cut taxes, cut services to the can pursue a workable solution to this mount- birthdays for that day on 10,000 people will aging and disabled, and cut discretionary ing challenge that threatens the safety and se- turn 65 every day and this will continue for the spending. Our priority should be to focus on curity of our seniors and our economy. next 20 years legislation that will create jobs. Mr. HOLT. Madam Chair, I rise today in op- My career in Congress has been dedicated Mr. VAN HOLLEN. Madam Chair, H.R. 1173 position to the so called ‘‘Fiscal Responsibility to expanding access to affordable, quality exemplifies the GOP agenda in the 112th and Retirement Security Act of 2011’’, H.R. health care for the residents of the state of Congress: to reject constructive Democratic 1173. Texas, Houstonians, and all Americans, and ideas, and fail to introduce any practical solu- H.R. 1173 would repeal the Community Liv- the CLASS Act furthers that goal. It is clear tions to our nation’s problems. ing Assistance Services and Supports that the CLASS Act is not perfect, and almost I think we are all in agreement that the (CLASS) Act, which was included in health re- no piece of legislation can ever be, but that’s Community Living Assistance Services and form. why we rely on the professionals in federal Supports, CLASS, Program—in its current The CLASS Act would make it easier for agencies to work on implementation of the form—needs work. However, simply repealing people to save for long-term care services. law. it conveniently ignores that we have a long- This program would give working adults the I strongly believe that we can find a way to term care crisis in this country. Private long- opportunity to plan for long-term care needs make this program work and I hope my col- term care insurance is too costly for most by providing cash benefits that can be used to leagues on the other side of the aisle will work Americans and the alternative, spending down purchase non-medical services and supports with me to ensure that affordable long-term their assets in order to qualify for Medicaid, is like home health care. The Congressional care is available for anyone who needs it. financially devastating. Medicaid now accounts Budget Office estimates that the CLASS Act American families spend almost twice as for nearly half of all long-term care spending, would reduce the federal deficit and Medicaid much on health care through premiums, pay- and as the nation’s baby boomers age, federal spending. check deductions, and out-of-pocket expenses and state budgets will face further strain. The Our nation is facing a long-term care crisis as families in any other countries. In ex- CLASS program is intended to lessen the bur- and repealing the CLASS Act does not help. change, we receive quality specialty care in den, providing working families a national, vol- Over ninety percent of Americans do not have many areas that is the envy of many. Yet, untary, and premium-financed insurance pro- long-term health insurance coverage. This cri- they do not receive significantly better care gram that enables them to responsibly plan for sis becomes more serious over the next two than countries that spend far less. long-term care. decades, when the number of Americans 65 Considering the amount that we spend on Secretary Sebelius made the right decision and older will be 71 million—making up health care, it is surprising that Americans do to delay implementation of program because, around 20 percent of the U.S. population. not live as long as people in Canada, Japan, under existing parameters, it could not be Long-term care is expensive: nursing homes and most of Western Europe. Our health care done in a financially solvent way. The Con- can costs over $70,000 a year and home system was in need of an overhaul. The land- gressional Budget Office, CBO, estimated that health care costs hundreds of dollars a day. mark bill signed by President Obama in 2010 the program would run surpluses through ap- Instead of debating how to help Americans is designed to provide coverage to millions of proximately 2029 but would begin adding to pay for long-term care, we are spending our people who currently lack it. the budget deficit after that. We need to fix time repealing the only program that is trying Under the Affordable Health Care law more that. But let’s try to mend it, not end it. Let’s to help. than 32 million additional Americans are ex- exhaust all of our options, confer with experts I oppose H.R. 1173 and urge my colleagues pected to get insurance, either through an ex- and beneficiaries, and see if we can find a via- to vote no on this piece of legislation. tension of Medicaid or through exchanges ble path forward for the CLASS program. We Mr. DINGELL. Madam Chjair, I rise today in where low and moderate income individuals must make every effort to make it solvent be- opposition of H.R. 1173. This bill is yet an- and families will be able to purchase private fore we leave seniors and disabled individuals other in a long list of efforts by the Repub- insurance with federal subsidies. to the status quo for the foreseeable future. licans to dismantle and repeal the Affordable A key part of the new health law also en- Mr. CONNOLLY of Virginia. Madam Chair, Care Act piece by piece. Despite the fact that courages the development of ‘‘accountable we are not prepared, either as families or as my colleagues on the other side of the aisle sit care organizations’’ that would allow doctors to a society, to pay for the long-term care sup- in Committee hearing rooms and profess to team up with each other and with hospitals, in ports and services most of us will need before support addressing our long term care crisis, new ways, to provide medical services. There we die. one of their first pieces of legislation on the are dozens of good provisions in the Act that Today 10 million Americans require some floor this session is a bill that will repeal one will ultimately benefit the public, if they are not level of long-term assisted care, and that num- option to address this crisis. repealed one title at a time. The CLASS Act ber is on pace to triple as the Baby Boom H.R. 1173 does nothing to protect the secu- is a good provision too—I stand by that no- generation ages. Annual costs top more than rity of our country’s retirees. Repealing the tion—but just improperly designed. $200 billion, and that doesn’t count the time CLASS Act does not protect the 70 percent of At this stage, any change is difficult and and energy of family caregivers. The growing today’s 65 year olds who will need some sort change especially during a recession is ex- demand and costs for long term care cannot of health or personal care in the future. Nor tremely difficult. It is not possible to change a be ignored, yet that is precisely what this leg- does repealing the CLASS Act do anything for system as large and as hugely flawed, as ours islation does. the 40 percent of long term care users be- without some disruptions. We are using fresh Not only does this legislation repeal the vol- tween the ages of 18–64. thinking and innovation to make sure everyone untary, self-supporting long-term care insur- While I recognize that the CLASS Act is not benefits—our citizens, our health care pro- ance program created by the Affordable Care fiscally feasible in its current form, I also rec- viders, small businesses, large corporations. I Act, but it also repeals funding for the national ognize that a lack of a long term care initiative think the public is starting to slowly accept it. clearinghouse of information on long-term care is not financially feasible for Americans. The Over the course of several years and as more services that helps seniors, their families and average cost of a nursing home is currently a beneficial provisions take effect, this law will caregivers navigate the maze of options. staggering $78,000 per year while in-home be more accepted, popular and possibly ex- HHS said it could not implement the CLASS long term care averages $21,600 per year. panded. Act as written. It did not say such a program We must continue to try and solve the prob- Unfortunately, some in this Congress seems should not be implemented at all. In fact, HHS lem of our nation’s lack of adequate long term intent on not just undoing the CLASS Act, but said that 15 million Americans will require care options, and I call on my Republican the entire Affordable Health Care law. Every- some form of long-term care in 2020, yet friends to come to the table and work with us one should have equal access to affordable fewer than 3 percent will have long-term insur- to do so. health care and affordable health care service. ance coverage. It went on to say that allowing Instead of wasting valuable floor time, my Repealing a program that is intended to assist that to persist will only increase the burden on Republican friends should take this opportunity the aging and the disabled is not where this taxpayers at a time when we’re working to re- to work with Democrats as well as the Depart- Congress should be spending its energy. We duce such federal health care costs. ment of Health and Human Services to find a should be focused on legislation, like the one Madam Chair, this is nothing more than an solution to this critical issue. We all must con- I proposed that would reduce the deficit, boast ideologically-driven attempt to undermine the tinue to champion the effort to create a safe our nation’s energy production, and create President’s signature initiative and score polit- and secure future for our nation’s citizens. jobs. It appears as though my Republican col- ical points at the expense of our seniors. I It is my concern that if the CLASS Act is re- leagues seem more focused on putting forth urge my colleagues to reject this bill, so we pealed, the impetus to implement a crucial

VerDate Mar 15 2010 06:07 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00110 Fmt 4634 Sfmt 9920 E:\CR\FM\A01FE7.016 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H333 long term care act will fall by the wayside. If creases the cost of health care coverage. The Acting CHAIR. The Clerk will my friends across the aisle wish to repeal this While we can all agree that our current health designate the amendment. provision, it is vital they work expeditiously to care system needs to be reformed, the new The text of the amendment is as fol- implement a substitute for CLASS. health care law was not the right way to do it. lows: In 2008, 21 million Americans utilized some Instead we must focus on a positive, patient- Page 5, after line 19, add the following: form of long term care. That number is only centered strategy that puts patients, families SEC. 3. STUDY ON THE IMPACT OF NOT HAVING going to continue to increase, and it is our and doctors, not Washington bureaucrats, in LONG-TERM CARE INSURANCE ON duty to protect the quality of life of our fellow control of personal health care decisions. THE FEDERAL, STATE, AND LOCAL GOVERNMENTS. Americans. I urge my colleagues to vote The Acting CHAIR. All time for gen- (a) STUDIES.—Section 2 shall not take ef- against H.R. 1173 until we have a viable long eral debate has expired. fect until— term care program to replace the CLASS Act. Pursuant to the rule, the bill shall be (1) the Director of the Congressional Budg- Ms. EDDIE BERNICE JOHNSON of Texas. considered for amendment under the 5- et Office completes a macroeconomic study Madam Chair, I rise today in opposition of minute rule for a period not to exceed and submits a report to the Congress on the H.R. 1173, legislation to repeal the Community 3 hours. impact on the Federal, State, and local gov- Living Assistance Services and Supports pro- The amendment in the nature of a ernments of not having long-term care insur- gram. America has a long-term care crisis, substitute recommended by the Com- ance; and and it is only getting worse. Currently, there mittee on Energy and Commerce print- (2) the Secretary of Health and Human Services completes a study and submits a re- are over 10 million Americans who require ed in the bill shall be considered as an original bill for the purpose of amend- port to the Congress on the best practices long-term care, and this number is expected to necessary to have a viable, financially se- grow to 15 million by 2020. ment under the 5-minute rule and shall cure, and solvent long-term care insurance Long-term care places a huge burden on be considered read. program. family budgets. CLASS makes long-term care The text of the committee amend- (b) EXCEPTION.—Notwithstanding sub- more affordable and accessible by providing a ment in the nature of a substitute is as section (a), section 2(b)(3)(B) shall take ef- national, voluntary, self-sustaining insurance follows: fect upon the enactment of this Act. program for the purchase of long-term care H.R. 1173 The Acting CHAIR. The gentlewoman services and supports. Be it enacted by the Senate and House of Rep- from Texas is recognized for 5 minutes. While CLASS may need to be tweaked, it resentatives of the United States of America in Ms. JACKSON LEE of Texas. Madam should not be repealed without the existence Congress assembled, Chair, first of all, let me say that I was of a viable alternative. Rather than repeal this SECTION 1. SHORT TITLE. on the floor yesterday regarding the This Act may be cited as the ‘‘Fiscal Responsi- CLASS Act and my approach to the bill today, Republicans and Democrats need to bility and Retirement Security Act of 2011’’. CLASS Act. And I recognize that we work together to identify ways to strengthen SEC. 2. REPEAL OF CLASS PROGRAM. CLASS so that it becomes a sustainable long- (a) REPEAL.—Title XXXII of the Public have had some difficulty with putting term care program. Our nation’s seniors are Health Service Act (42 U.S.C. 300ll et seq.; relat- together the right balance, the right fi- counting on us, and we must not let them ing to the CLASS program) is repealed. nancial structure for a very large pro- down. (b) CONFORMING CHANGES.— gram. But it does not mean that it does As our population ages, the need for long- (1)(A) Title VIII of the Patient Protection and not have purpose. term care services will only grow. Repealing Affordable Care Act (Public Law 111–148; 124 The CLASS program deals with long- Stat. 119, 846–847) is repealed. the CLASS Act, without providing a viable al- (B) The table of contents contained in section term care. In my readings I’ve deter- ternative, will result in millions of seniors ex- 1(b) of such Act is amended by striking the items mined that private families and loved hausting their retirement savings and personal relating to title VIII. ones have given in essence $450 billion assets. I cannot support H.R. 1173, as it un- (2) Section 1902(a) of the Social Security Act in private care, meaning that they dermines the personal dignity of our seniors. (42 U.S.C. 1396a(a)) is amended— have taken care of their loved ones on Mr. GOODLATTE. Madam Chair, today I (A) by striking paragraphs (81) and (82); (B) in paragraph (80), by inserting ‘‘and’’ at their own; $101 billion has been spent rise in strong support of the Fiscal Responsi- the end; and by the Medicaid program. And I said bility and Retirement Security Act. This impor- (C) by redesignating paragraph (83) as para- yesterday that I’ve had the experience tant legislation repeals the failed government- graph (81). of taking care of a dear mother who I run long-term care insurance program, known (3) Section 6021(d) of the Deficit Reduction lost in 2010, and right now an aunt who as the CLASS Act, which was included in the Act of 2005 (42 U.S.C. 1396p note) is amended— I am taking care of in 2012. And I’ve (A) in paragraph (2)(A)(iv)— President’s Health Care Law, PPACA. (i) by inserting ‘‘not’’ before ‘‘include’’; and seen a number of friends and others Nearly two years ago, with total disregard (ii) by striking ‘‘and information’’ and insert- who need long-term care. And so the for the will of the American people, Congress ing ‘‘or information’’; and idea of disposing of it to me seems in- passed and President Obama signed the (B) in paragraph (3)— complete, without projecting back to health care reform overhaul into law. This law, (i) in the heading, by striking ‘‘APPROPRIA- Health and Human Services how can TION’’ and inserting ‘‘FUNDING’’; which I voted against, is defined by federal (ii) by striking ‘‘2015’’ and inserting ‘‘2012’’; we get this done. regulations, mandates, a myriad of new big and My amendment would not repeal the government programs, and a significant in- (iii) by adding at the end the following new CLASS Act until the completion of a crease in federal spending and debt at a cost sentence: ‘‘There is authorized to be appro- macroeconomic study. to our country too high to bear. priated to carry out this subsection $3,000,000 1540 The CLASS program is a prime example of for each of fiscal years 2013 through 2015.’’. b the inherent problems with this new law. In The Acting CHAIR. No amendment We must determine the cost of not fact, the Obama Administration announced in to the committee amendment in the having long-term care insurance on the October that they would halt implementation of nature of a substitute shall be in order Federal, State and local governments the CLASS program, recognizing that the pro- except those received for printing in before we repeal any programs like gram was unsustainable despite claims that it the CONGRESSIONAL RECORD designated CLASS that are self-sustaining. CLASS would save as much as $80 billion over 10 for that purpose in a daily issue dated is not taxpayer funded. The lack of af- years. January 31, 2012, or earlier and except fordable care is a very serious problem Today the House has an opportunity to pass pro forma amendments for the purpose which, if not addressed, will only add the Fiscal Responsibility and Retirement Secu- of debate. Each amendment so received to our growing national debt. H.R. 1173 rity Act, which is an important piece to dis- may be offered only by the Member would repeal the CLASS Act in its to- mantling the President’s Health Care Law and who causes it to be printed or a des- tality, and I believe that that is the allows Congress to consider new long-term ignee and shall be considered read if wrong direction to go. And so I would care reform proposals that work for the Amer- printed. be offering my amendment to help 26 ican people without busting the federal budget. Are there any amendments to the million Americans who need long-term Madam Chair, I intend to continue working bill? care services in the near future. to repeal and defund the new health care law AMENDMENT NO. 2 OFFERED BY MS. JACKSON The CLASS Act is a positive intent, that kills jobs, raises taxes, threatens seniors’ LEE OF TEXAS and it deals with the fact that we all access to care, will cause millions of people to Ms. JACKSON LEE of Texas. I have must have balance of burden and ben- lose the coverage they have and like, and in- an amendment at the desk. efit. We have to recognize that there

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.023 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H334 CONGRESSIONAL RECORD — HOUSE February 1, 2012 are those whom we have to help. My purchasing community living assistance serv- Repealing the CLASS program does nothing amendment would ask for that study ices and supports. Title VIII also authorized to address the fact that private long-term care to be engaged and to ask for the Sec- and appropriated funding through 2015 for the insurance options are limited and the costs retary to come back with an analysis National Clearinghouse for Long-Term Care are too high for many American families, in- of how devastating the impact would Information (clearing house). H.R. 1173 would cluding many in my Houston district, to afford. be and how high the deficit would rescind any unobligated balances appropriated An estimated 10 million Americans needed grow. As the former executive director to the National Clearinghouse for Long-Term long-term care in 2000. Most but not all per- for the National Governors Association Care Information. sons in need of long-term care are elderly. Ap- noted, failure to reform the under- I ask my colleagues to ensure that the 26 proximately 63% are persons aged 65 and funded, uncoordinated patchwork of million Americans, who will need long term older (6.3 million); the remaining 37% are 64 long-term care supports and services is care services in the near future, will be able to years of age and younger (3.7 million). a failure to truly reforming health purchase this care at reasonable prices. The lifetime probability of becoming disabled care. The CLASS Act is a noble and notable at- in at least two activities of daily living or of Long-term care is not just for the el- tempt to legislate this issue but when the Ad- being cognitively impaired is 68% for people derly. It’s for those who have had cata- ministration realized that the legislation did not age 65 and older. strophic illnesses, maybe the injured do what we thought it would they came forth By 2050, the number of individuals using football player or the injured skier or a and did the right thing and deemed it to be paid long-term care services in any setting major accident when our loved ones unsustainable. (e.g., at home, residential care such as as- need our attention. And, oh, how much Policy won out over politics because it sisted living, or skilled nursing facilities) will can be done with long-term care. How would be easy to obfuscate and forge ahead likely double from the 10 million using services do I know it? My mother went into a with implementation even in the face of an ob- in 2000, to 26 million people. This estimate is nursing home and could not walk—but viously problematic bill. This indeed was a influenced by growth in the population of older she walked out. bold act of integrity for the Department of people in need of care. Yes, there is value to helping people Health and Human Services. Of the older population with long-term care restore their lives. And baby boomers The inclusion of the long term care infra- needs in the community, about 30% (1.5 mil- are already turning 65; 10,000 people structure (CLASS) in health care reform was a lion persons) have substantial long-term care will turn 65 every day as of January 1, signature issue for one of the foremost advo- needs—three or more activities of daily living 2011, over the next 25 years. And I’m cates in this bicameral body, the late Senator limitations. Of these, about 25% are 85 and grateful that because of health care Ted Kennedy who worked tirelessly to achieve older and 70% report they are in fair to poor and the Affordable Care Act, they will its enactment. health. 40% of the older population with long- be living longer. Therefore, I’m asking As Raymond Scheppach, former Executive term care needs are poor or near poor (with that we not throw the baby out with Director for National Governors’ Association incomes below 150% of the federal poverty the bath water. Allow the Secretary to noted, ‘‘failure to reform the under-funded, un- level). do this study and to do this study that coordinated patchwork of long-term care sup- Between 1984 and 1994, the number of will be helpful to all of us. By 2050, the ports and services is a failure to truly reform- older persons receiving long-term care re- number of individuals using long-term ing health care.’’ This failure defines the re- mained about the same at 5.5 million people, care will increase. volving door of our health care system. while the prevalence of long-term care use de- I would like to reserve the balance of An estimated 10 million Americans currently clined from 19.7% to 16.7% of the 65+ popu- my time. need long term care services, and that num- lation. In comparison, 2.1%, or over 3.3 mil- The Acting CHAIR. The gentlewoman ber is projected to reach 26 million by 2050. lion, of the population aged 18–64 received may not reserve the balance of her Nearly half of all funding for these services is long-term care in the community in 1994. time. now provided through Medicaid, which is an Mr. PITTS. Madam Chair, I rise in Ms. JACKSON LEE of Texas. Let me ever-growing and inexorable burden on states opposition to the amendment. just say, Madam Chair, to my dis- and requires individuals to ‘‘spend down’’ or, The Acting CHAIR. The gentleman appointment, I wanted to reserve to en- become and stay poor to receive the help they from Pennsylvania is recognized for 5 gage with my friend. But let me just need. minutes. say this: that care involves home resi- This spend-down activity runs contrary to Mr. PITTS. Madam Chair, again, this dential care, skilled-nursing facilities, the American notion of putting something amendment continues to ignore the re- and it will likely double from the 10 away for a rainy day, or to allow for passing ality around the CLASS program. million services in 2000 to, as I said ear- on to your heirs so that they can see a better The CLASS program has been re- lier, 26 million people. day than you. viewed by outside analysts, by the HHS So it makes sense to accept my Estimates suggest that in the upcoming actuary and the Congressional Budget amendment that would allow this mac- years the number of disabled elderly who can- Office; and just last year the Obama roeconomic study to look closely at not perform basic activities of daily living with- administration finally admitted what the benefit and the burden of not hav- out assistance may double today’s level. so many already knew, the CLASS pro- ing long-term care. I can assure you CLASS provides the aging and the disabled gram is not workable. In fact, the Con- that we will be better informed to be with a solution that is self sustaining, at no gressional Budget Office has certified able to have those instructions, and I cost to tax payers. that not a single person would ever re- would ask my colleagues to support As the estimated 76 million baby boomers ceive benefits from the CLASS pro- this amendment. born between 1946 and 1964 become elderly, gram. Any effort to preserve a failed Madam Chair, I rise today in support of my Medicare, Medicaid, and Social Security will program on the books simply delays amendment #2, to H.R. 1173, ‘‘The Fiscal Re- nearly double as a share of the economy by any real attempt to ensure every sponsibility and Retirement Security Act of 2035. American has access to affordable 2011.’’ My amendment would delay the repeal Baby boomers are already turning 65. As of long-term care coverage. of the CLASS PROGRAM until the completion January 1, 2011, 10,000 people will turn 65 From the start, the CLASS program of a macroeconomic study. We must deter- every day and this will continue for the next 20 was a Big Government idea that inde- mine the costs of not having long-term care in- years. It is reasonable to assume that over pendent analysts believed was flawed surance on the federal, state, and local gov- time the aging of baby boomers will increase and unworkable. The American Acad- ernments before we repeal programs, like the demand for long-term care. emy of Actuaries, the Congressional CLASS, that are self sustaining. CLASS is not In addition, individuals 85 years and older Budget Office and even officials at the tax payer funded! The lack of affordable care are one of the fastest growing segments of the Department of Health and Human is a very serious problem which, if not ad- population. In 2005, there are an estimated 5 Services run by Secretary Sebelius had dressed, will only add to our growing national million people 85+ in the United States; this grave concerns about the workability debt. figure is expected to increase to 19.4 million of this program. It has been studied. It H.R. 1173 would repeal Title VIII of the Pa- by 2050. This means that there could be an does not work. If you would have done tient Protection and Affordable Care Act and increase from 1.6 million to 6.2 million people this study before you passed it, we Supports (CLASS) Program—a national, vol- age 85 or over with severe or moderate mem- would not have wasted millions of tax- untary long-term care insurance program for ory impairment in 2050. payer dollars on a program that was

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.104 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H335 doomed from the start. Perhaps we I ask my colleagues to support a the connectedness to say that we have should visit what the failed implemen- thoughtful amendment that deals with got to get back to the drawing boards tation of the CLASS program has done, providing additional information. I and make sure that we have, in fact, rather than spend millions on a study thank the gentleman for his time. I ask the right kind of insurance for people of what its removal would do. my colleagues to support the Jackson in need. I begin by reminding my colleagues Lee No. 2 amendment on a macro- I can’t imagine why we would want that the CLASS program has done economic study on the benefits and to abandon those who need long-term nothing to help reduce Federal or State burdens of repealing the CLASS Act. care. As I’ve indicated, it may be a spending. In fact, the Department The Acting CHAIR. The question is young person who faces a catastrophic spent at least $5 million to implement on the amendment offered by the gen- illness or accident; it may be a child a failed program and an $80 billion hole tlewoman from Texas (Ms. JACKSON suffering from a chronic disease; it in the Federal budget. I would also re- LEE). may be some of our friends who suffer mind my colleague that the CLASS The question was taken; and the Act- from issues dealing with mental program has done nothing for con- ing Chair announced that the noes ap- health. In my own community, just re- sumers who are left with a failed pro- peared to have it. cently, one of our major hospitals with gram that was overpromised to the Ms. JACKSON LEE of Texas. I de- mental health beds was closed down, public as part of the President’s mon- mand a recorded vote. 148 beds. Who knows what will happen strous health care law. The Acting CHAIR. Pursuant to to those patients, some of whom actu- We must move to take the CLASS clause 6 of rule XVIII, further pro- ally stayed in that facility for a period program off the books so that we can ceedings on the amendment offered by of time. We know we don’t have enough move forward with solutions that work the gentlewoman from Texas will be mental health beds and beds for those with the private market that are af- postponed. who need long-term care, suffering from conditions dealing with their fordable for consumers and don’t place AMENDMENT NO. 1 OFFERED BY MS. JACKSON additional strain on the Federal and LEE OF TEXAS mental health. My amendment is recognition of the State budgets. Ms. JACKSON LEE of Texas. I have fact that the issue of long-term care Mr. PALLONE. Madam Chair, I move an amendment, No. 1 I believe. services is not going away. The enor- to strike the last word. The Acting CHAIR. The Clerk will mous cost of not providing the rainy- The Acting CHAIR. The gentleman designate the amendment. day umbrella, the cushion for families from New Jersey is recognized for 5 The text of the amendment is as fol- and those who are suffering from dev- minutes. lows: Mr. PALLONE. I yield to the gentle- astating disease just cannot happen. It H.R. 1173 cannot be swept under the rug. The woman from Texas. At the end of the bill, add the following: Ms. JACKSON LEE of Texas. I thank cost curb is steep and growing, and we SEC. 3. ENSURING MARKET PENETRATION FOR cannot continue to kick the can down the gentleman. Madam Chair, first of PRIVATE LONG-TERM CARE INSUR- all, I want to make sure that my ANCE. the road. Long-term care, again, is fun- amendment is amendment No. 2 to (a) IN GENERAL.—Section 2 shall not take damental. And so, this particular legis- H.R. 1173, and I have another amend- effect until such date as the Secretary of lation acknowledges that. Forty percent of long-term care users ment which is amendment No. 1. Health and Human Services certifies to the But I do want to respond to the gen- Congress that at least 60 percent of individ- today are between the ages of 18 and 64, tleman and just indicate that best uals in the United States who are 25 years of as I said. While most people who need age or older have private long-term care in- practices have not been assessed. The long-term care are in their seventies surance. and eighties, as I said, many younger point of my amendment is to get us fo- (b) EXCEPTION.—Notwithstanding sub- people are facing the horror of dis- cusing on what the numbers need to be section (a), section 2(b)(3)(B) shall take ef- ability or a disability without any way to increase the viability of life and fect upon the enactment of this Act. of paying for it, without giving relief care for those needing long-term care, The Acting CHAIR. The gentlewoman to their family members. Long-term juxtaposed against the enormous debt from Texas is recognized for 5 minutes. care is expensive and can quickly wipe and deficit that will occur if no one has Ms. JACKSON LEE of Texas. Madam out hardworking families’ savings, long-term care or we continue to have Chair, I rise with great concern about which gives many families a Hobson’s to utilize Medicaid, which is at $101 bil- H.R. 1173. And, again, I want to make it choice: spend down and wipe out years lion, private insurance is only at $14.5 very clear that in all the course of of hardworking services to qualify for billion, and then the burden on family traveling throughout my district when Medicaid. members, aging family members, their the Affordable Care Act was passed in For those of you who don’t know how care. They have put in their pound of 2010, there was a great deal of emotion Medicaid works, because we want to be support at $450 billion. We can at least and celebration. I take, for example, responsible with Federal tax dollars, pay attention to new numbers by ask- those senior citizens who were continu- you have to be down to zero—your ing for best practices to be assessed. ously falling through the hole on Medi- house has to be sold, your car has to be I believe if we do that, we will have care part D. This particular legislation sold, any assets have to be sold, and ev- the opportunity to do the right thing helped close the doughnut hole where erything you have goes back into the by the American people; and we will be, seniors’ prescription drugs did not sky- system. in essence, being productive. No one rocket, so they would not have to Well, I know there are people who be- can deny the fact that having insur- make a decision among their drug pre- lieve that they want to pay part of this ance that has people being eliminated scriptions or their rent or what they burden, but there are others who un- from insurance for preexisting condi- ate. derstand that, in addition to paying, tions is not good. No one can say that why should they be made completely b 1550 having children on your insurance to 26 indigent? Why can’t that person re- is not good. No one can say that not This amendment is very clear. It sim- main in their home, even with care— being kicked out of a hospital bed be- ply states Congress resolves that which is another part of long-term cause you have flat-lined on your in- health care is necessary for a healthy care. It gives the opportunity for fami- surance is not good. It is good. population, humane treatment of im- lies to be together and for that indi- We recognize that coming together in poverished citizens, and to help reduce vidual who is injured to be able to be a bipartisan manner, we can, in fact, the budget deficit, and that long-term taken care of inside their home with a make this right, and we can find a way care insurance represents one-third of loving family but yet having the long- to help those families right now. Alz- Federal and State spending on Med- term care providers. heimer’s, where families are taking icaid. It’s a simple statement of fact, This is a simple statement. I hope my care of that loved one, they need sup- Madam Chairwoman, and I would ask colleagues will not oppose the idea that port; and they need it in a structure that this simple statement of fact be long-term care is important and that that can help provide them with re- added to this legislation. I think it will we have to respond to it by way of en- sources for long-term care. be a positive statement. It will give us suring that we don’t grow the deficit.

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.070 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H336 CONGRESSIONAL RECORD — HOUSE February 1, 2012 The average lifetime long-term care ditional help, was $37,500; an attendant that Are the supporters of the CLASS Act spending for a 65-year-old is $47,000; 16 provides home care and no medical tasks, like really advocating another mandate? percent will spend $100,000 and 5 per- the dispensing of medication, is paid approxi- Keeping CLASS on the books is a step cent will spend $250,000. mately $19 an hour. in that direction. There’s no doubt that we need relief. These expenses are left to America’s sen- Keeping the CLASS program on the Nationwide, the median annual cost of iors and people with disabilities (and their books also further threatens the pri- a nursing home in 2010 was $75,000, adult children) to pay for out of pocket until vate market and the nearly 8 million room and board, in an assisted living their pockets are all but empty. As this body Americans who have private long-term facility. This is a crisis that will im- knows well, Medicare only covers short-term care insurance today. You cannot have pact the debt; and, therefore, I would and limited long-term care services, and the a functioning long-term care insurance argue that repealing the CLASS Act Medicaid safety net is only available to those market if there is a continued threat of without a positive statement, Madam who have depleted virtually all of their re- a government takeover of that market. Chair, of how important it is is tragic. sources as a result of being frail or suffering We need long-term care reform that I ask my colleagues to support the from dementia. Many people are left in dire builds on what the private market pro- Jackson Lee amendment. Stand up and situations and are truly at society’s mercy. vides, not destroys it. I hope that those be counted for the value of long-term Today, there are many Americans with dis- on the other side of the aisle have the care support here in America. abilities who want to and are able to work and courage to admit their mistake, repeal Madam Chair, I rise today in support of my thereby maintain independence and contribute this law, and begin to work on a real, amendment #1 to H.R. 1173, ‘‘The Fiscal Re- financially to their families. However, if they workable long-term care policy. sponsibility and Retirement Security Act of depend upon an attendant to drive them to I urge Members to oppose this 2011.’’ My amendment states, ‘‘Congress re- their job or help them shop, use the toilet, or amendment. Madam Chairman, I yield back the solves that health care is necessary for a bathe, they must have enough additional fi- balance of my time. healthy population, humane treatment of im- nancial resources to pay for such assistance, Mrs. BLACKBURN. Madam Chair- poverished citizens, and to help reduce the or have low enough incomes to qualify for man, I move to strike the last word. budget deficit; and that long-term care insur- Medicaid. The Acting CHAIR. The gentlewoman ance represents one-third of federal and state Long-term care insurance is the most pop- from Tennessee is recognized for 5 min- spending on Medicaid.’’ ular of the private options available, but less utes. H.R. 1173 would repeal Title VIII of the Pa- than 3-percent of the American people have Mrs. BLACKBURN. Madam Chair- tient Protection and Affordable Care Act and long-term care insurance, meaning there is a man, I oppose the amendment, and I Supports (CLASS) Program—a national, vol- wide gap and acute lack of awareness. The stand here today in support of repeal- untary long-term care insurance program for CLASS Act sought to bridge this gap and has ing the CLASS Act. purchasing community living assistance serv- come up a little short. However we cannot, as You know, it’s been almost 2 years ices and supports. Title VIII also authorized a Congress, pretend the problem is going since we sought passage of the and appropriated funding through 2015 for the away. ObamaCare bill in this Chamber, and it National Clearinghouse for Long-Term Care My amendment recognizes that long-term is something that we have worked Information (clearing house). H.R. 1173 would care must be addressed as millions of baby since taking the majority to repeal rescind any unobligated balances appropriated boomers have already begun turning 65. The this and get it off the books; and, in- to the National Clearinghouse for Long-Term aging population and the disabled need viable deed, what we are seeing is a need to Care Information. options for their care. Taking away a program get this CLASS Act off the books. My amendment is recognition of the fact that is intended to meet the future needs of Despite the Federal Government’s that the issue of long-term care services is not our aging is the wrong approach. We should best efforts, there is no way to show going away. It cannot be swept under the rug. be focused on ways to boost our economy, that this is going to save money. In- The cost-curve is steep and growing. We can- providing increased access to affordable care deed, in a budget gimmick, as we were not continue to kick the can down the road: to seniors, low income, and the disabled, and discussing this bill in committee a cou- long-term care is fundamental. job creation. We should not be eliminating pro- ple of years ago, what they did was to As our nation’s population ages, there is an grams that aim to sustain our aging popu- come in and say, Oh, this will save $80 increasingly urgent need to find effective ways lation. billion. Oh, let’s add title 8 to the bill, to help Americans prepare for their individual Mr. PITTS. Madam Chair, I rise in let’s add sections 8001 and 8002 to this long-term care needs. Almost seven out of ten opposition to the amendment. legislation, and let’s create this little people turning age 65 today will need some The Acting CHAIR. The gentleman pool here where we’re going to have help with their activities of daily living at some from Pennsylvania is recognized for 5 near-term expenses that are supposed point in their remaining years. minutes. to yield us some long-term savings. Forty percent of long-term care users today Mr. PITTS. Madam Chair, this The problem is all the new math you are between the ages of 18 and 64. While amendment continues to ignore the re- wanted to put to work on this, Madam most people who need long-term care are in ality. The CLASS program is simply Chair, there was no way to show that it their 70s and 80s, many younger people, par- not workable. Keeping the CLASS pro- was ever going to save money. And, in- ticularly those living with a significant disability, gram and pretending that it will ever deed, Secretary Sebelius, who is the also may need assistance. work does absolutely nothing and of- Health and Human Services Secretary, Long-term care is expensive, and can quick- fers no help to millions of Americans was forced to admit last October that ly wipe out hardworking families’ savings, who want to maintain their health. there was no path forward for this pro- which gives many families a Hobson’s choice: Any effort to preserve a failed program gram. spend-down and wipe out years of hard- on the books simply delays any real at- So what we need to do is to say this earned savings to qualify for Medicaid. tempt to ensure every American has was a mistake. It doesn’t save money. While costs for nursing home care can vary access to affordable, long-term care It is not going to address a problem. It widely, they average about $6,500 a month, or coverage. is something that needs to come off the anywhere from $70,000 to $80,000 a year. From the start, the CLASS program books. It is a way we can step forward And these costs are only becoming more ex- was a Big Government idea that inde- and we can take a program off the pensive. pendent analysts believed was flawed books. And I encourage my colleagues People who receive long-term care at home and unworkable. In fact, the Obama ad- to support ending the CLASS Act, get- spend an average of $1,800 a month. The av- ministration officials pointed out seri- ting it off the books. erage lifetime long-term care spending for a ous concerns with the CLASS program I yield back the balance of my time. 65 year old is $47,000; 16 percent will spend as early as the beginning of 2009. While The Acting CHAIR. The question is $100,000 and 5 percent will spend $250,000. those concerns went ignored by the ad- on the amendment offered by the gen- And many of these people have other ex- ministration until earlier this fall, now tlewoman from Texas (Ms. JACKSON penses as well. is not the time to stall its repeal. LEE). Nationwide, the median annual cost of a Yesterday, Senator HARKIN told re- The question was taken; and the Act- nursing home in 2010 was $75,000; room and porters that the only way to make ing Chair announced that the noes ap- board in an assisted living facility, with no ad- CLASS work is to make it mandatory. peared to have it.

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.107 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H337 Ms. JACKSON LEE of Texas. I de- ‘‘RooseveltCare’’ and bring to the floor The Acting CHAIR (Mr. YODER). The mand a recorded vote. a two-page bill to revoke the Social Se- gentleman from Pennsylvania is recog- The Acting CHAIR. Pursuant to curity Act? That’s not, thankfully, nized for 5 minutes. clause 6 of rule XVIII, further pro- what happened. What did happen was Mr. PITTS. Mr. Chairman, this ceedings on the amendment offered by that Democrats and Republicans amendment would simply ignore the the gentlewoman from Texas will be worked together, with President millions of dollars that have been spent postponed. Reagan, and strengthened Social Secu- by this administration to reach the same conclusion that so many unbiased b 1600 rity. As a result, Social Security con- tinues to keep millions out of poverty, analysts had said for years: The CLASS AMENDMENT NO. 4 OFFERED BY MR. DEUTCH ensuring against the universal risk of program is unworkable, causing a li- Mr. DEUTCH. Madam Chair, I have old age, disability, or death of a bread- ability for the potential beneficiary an amendment at the desk. winner. and the taxpayers alike. The Acting CHAIR. The Clerk will The amendment I offer today would This amendment would promote designate the amendment. prevent repeal of the CLASS Act from reckless governing that maintains a The text of the amendment is as fol- taking place if failure to implement failed program for further meddling. lows: the CLASS program would increase The CLASS program has done nothing At the end of the bill, add the following State and Federal Medicaid spending. to decrease Medicaid spending, and its new section: Greater reliance on the safety net inclusion in the Patient Protection and SEC. 3. PREVENTING AN INCREASE IN MEDICAID has led many to conclude that Med- Affordable Care Act was a budget gim- SPENDING. icaid has become unaffordable. Instead mick, a budget gimmick that will cost Section 2 (other than subsection (b)(3)(B) the American taxpayers $80 billion over of cutting basic health care for our of such section) shall not take effect until 90 the next 10 years. days after the date on which the Comptroller most vulnerable—the elderly, the dis- Alternative policies, such as the General of the United States certifies to abled, poor children—we ought to re- Long-Term Care Partnership Program, Congress that failure to implement the duce Medicaid spending. We ought to which was signed into law by President CLASS program established under title put more Americans back to work. We Bush, have decreased Medicaid spend- XXXII of the Public Health Service Act will ought to make private health insur- ing and deterred Americans from mak- not increase State and Federal spending for ance more affordable. ing Medicaid their primary payer of long-term care under the Medicaid program There are many prescriptions for re- under title XIX of the Social Security Act. long-term care services. That program ducing Medicaid spending; but let’s be alone has done more for Medicaid The Acting CHAIR. The gentleman clear, repeal of the CLASS Act and up- spending than CLASS ever will. from Florida is recognized for 5 min- holding our long-term care crisis is not We can and should do more to de- utes. among them. The Congressional Budg- crease Medicaid spending and ensure Mr. DEUTCH. Madam Chair, al- et Office estimates that even the im- Americans have the access they need though I regret that this Congress is perfect CLASS bill that passed would to affordable long-term care coverage, considering the full repeal of a prom- reduce Medicaid spending by at least $2 but government intrusion into the ising effort to address the looming billion. market is not the way to go. However, long-term care crisis in our country, I If more older Americans had access we cannot move forward in thinking have to admit I’m not surprised. This to affordable long-term care insurance, about better long-term care policies is the action of a Congress deserving of middle class seniors could secure a less with this failed program hanging over America’s low opinion of us. costly, more independent lifestyle in us. We know the facts. A vote against their own homes instead of spending Yesterday, Senator HARKIN made it this amendment is a vote for increased down into poverty to receive expensive, clear that the problem with the CLASS Medicaid spending. institutionalized care. program was that it was voluntary. A No one is immune from becoming dis- What message is Congress sending by vote in favor of this amendment is a abled or growing old, yet just 10 per- repealing CLASS? We are proclaiming vote in favor of another mandate on cent of Americans over age 50 can af- that the current system, which the American people. ford long-term care insurance. As a re- incentivizes elder poverty and forces Enough is enough. We must get this sult, a staggering 90 percent of Ameri- seniors to blow through their life sav- failed program off the books so that we cans rely on long-term care provided ings, is just fine. Save nothing. Pass can move forward in establishing long- by Medicaid. It is no wonder that over what you do have on to your children term care policies that work for the a third of Medicaid spending is on long- before you get sick. Own little prop- American taxpayers, not those that term care, not on checkups for impov- erty, and don’t purchase long-term further bankrupt this country. erished children, not on prenatal care care insurance. Follow this plan and With that, I yield back the balance of for poor, expectant mothers. No, it is you’ll be eligible for expensive, institu- my time. the expensive, institutionalized long- tionalized care through Medicaid. If The Acting CHAIR. The question is term care funded by Medicaid. CLASS is repealed, it is exactly the on the amendment offered by the gen- The goals of the CLASS program rep- children and grandchildren that my tleman from Florida (Mr. DEUTCH). resented an alternative to this system friends on the other side say they The question was taken; and the Act- on which we all could have agreed, a worry about who will pay the cost. ing Chair announced that the noes ap- fully solvent, affordable, premium-fi- A premium-financed long-term care peared to have it. nanced, long-term care program. It em- program would shift people from reli- Mr. DEUTCH. Mr. Chair, I demand a phasizes personal responsibility, ance on Medicaid. This should be our recorded vote. The Acting CHAIR. Pursuant to lessens the burden on taxpayers, and shared goal. We ought to work together clause 6 of rule XVIII, further pro- reduces unnecessary Medicaid spend- to fix a program that represents the ceedings on the amendment offered by ing. first real path toward making afford- Sometimes, as things happen here, the gentleman from Florida will be able long-term care available to middle postponed. Congress passes imperfect legislation. class families who want to secure AMENDMENT NO. 5 OFFERED BY MR. DEUTCH But rather than address these imper- themselves against possible poverty. Mr. DEUTCH. Mr. Chairman, I have fections, the legislation before this I respectfully ask my colleagues to House today gives up on our grappling an amendment at the desk. support this amendment, because re- The Acting CHAIR. The Clerk will with this long-term care crisis alto- ducing Medicaid spending while im- designate the amendment. gether. proving the lives of seniors and persons The text of the amendment is as fol- We’ve overcome challenges like this with disabilities is a conversation wor- lows: before. In the early 1980s, Social Secu- thy of this office. At the end of the bill, add the following rity faced a crisis. So what happened? And with that, I yield back the bal- new section: Did my Republican friends, concerned ance of my time. SEC. 3. CLASS PROGRAM FLEXIBILITY. about having an imperfect law on the Mr. PITTS. Mr. Chairman, I rise in (a) IN GENERAL.—Subject to subsection (b), books, castigate what they called opposition to the amendment. section 2 (other than subsection (b)(3)(B) of

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.073 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H338 CONGRESSIONAL RECORD — HOUSE February 1, 2012 such section) shall not take effect until such This amendment gives the Secretary gles to support his family in the face of date on which each of the following has been waiver authority only after three re- rising health care costs. satisfied: quirements are met. The plan must be As lawmakers, it is our responsibility (1) The Secretary of Health and Human actuarially sound, must address ad- to remember that those who are young Services submits to Congress a report includ- ing a determination made by the Secretary verse selection, and must have market and healthy may not always remain so on whether or not the Secretary has the au- appeal. and act on the fact that long-term care thority to implement the CLASS program The deliberate obfuscation of this is out of reach for the majority of under title XXXII of the Public Health Serv- amendment’s intention is a textbook Americans. Any one of us could experi- ice Act and develop and implement the ben- example of why American’s are fed up ence an unpredictable accident like Mr. efit plans described in subsection (c). with Washington. I would work with BROWN. If that is not compelling (2) In the case the Secretary determines anyone in any party to protect the fi- enough, the inevitability of aging the Secretary does not have the authority nancial security of middle class and should be. described in paragraph (1), the Secretary in- What message is this Congress send- cludes in the report described in such para- near-retirees. But when attempts to graph recommendations for statutory improve the existing law in a fiscally ing when our response to the long-term changes needed, and a recommended list of responsible way are treated in this care crisis is ‘‘just say no’’? Why statutory provisions that would need to be manner, it is no wonder why we can’t should Americans be thinking about waived, to provide the Secretary with such get things done. long-term care if their leaders in Con- authority. The bill’s proponents say, Trust us. gress answer a complicated and sys- (3) In the case the Secretary determines We’ll replace this. Unfortunately, over temic problem with a politically the Secretary does not have the authority a year ago they said the same thing charged two-page bill? described in paragraph (1), not later than 90 If the Secretary were given the flexi- days after the submission of such report and about the Affordable Care Act. Instead recommendations, Congress has considered we had repeal and replace, minus the bility in my amendment, the CLASS and rejected such recommendations. replace. program would remain the furthest (b) EXCEPTIONS.— As we all know, the CLASS program, thing from an entitlement, as it would (1) Section 2 (other than subsection as drafted, is facing challenges of im- remain fully financed by premiums. (b)(3)(B) of such section) shall not take effect plementation. Critics have focused on This fix to CLASS is true fiscal respon- if the Secretary of Health and Human Serv- fiscal sustainability. The good news is sibility, an individual retirement secu- ices determines under subsection (a)(1) that that there is a fiscally sustainable path rity; and I respectfully urge my col- the Secretary has the authority described in forward. With greater flexibility, a pro- leagues to support it. such subsection and the Secretary develops Mr. GINGREY of Georgia. Mr. Chair- the 3 benefit plans described in subsection gram could be designed that addresses (c). adverse selection and improves market man, I rise in opposition to the amend- (2) In the case the Secretary determines appeal. ment. The Acting CHAIR. The gentleman is under subsection (a)(1) that the Secretary b 1610 does not have the authority described in recognized for 5 minutes. such subsection and Congress has not consid- We must remember that even with Mr. GINGREY of Georgia. Mr. Chair- ered and rejected the recommendations de- implementation, CLASS would only be man, the amendment No. 5, or Deutch scribed in subsection (a)(2) by the deadline a start addressing a very serious long- 2, is an amendment essentially that the described in subsection (a)(3), section 2 term care crisis. Secretary of Health and Human Serv- (other than subsection (b)(3)(B) of such sec- Looking back on our history would ices has already looked at, some of tion) shall not take effect and the Secretary shall have the authority to waive the provi- serve us well today. In the infancy of these provisions, in eight different sions recommended by the Secretary to be Social Security, Senator William H. ways in trying to come up with some waived under the report described in sub- King, a Democrat from Utah, supported possibility of certifying the fiscal sol- section (a)(2). the Clark amendment which would vency of this CLASS Act within the 75- (c) ACTUARIALLY SOUND BENEFIT PLANS.— have undercut the Social Security pro- year budget window, the out-years. Not later than 180 days after the date of the gram. He was concerned that Social Se- Thank goodness, Mr. Chairman, for enactment of this Act, the Secretary of curity would crowd out private pen- the wisdom of Senator Judd Gregg on Health and Human Services shall develop 3 sions and conditioned his support of the Senate side when that amendment actuarially sound benefit plans as alter- natives for consideration for designation as Social Security upon a guarantee that was accepted in the health committee. the CLASS Independence Benefit Plan de- the Clark amendment would later be I don’t know whether it was unani- scribed in section 3203 of the Public Health taken up. mously accepted by the Democrats, but Service Act that address adverse selection When Congress returned, Senator I think it was. Again, the prescience and have market appeal, regardless of wheth- King was asked about the amendment. and the wisdom of Senator Gregg is er such plans satisfy the requirements de- He said, You can forget about the something the American people should scribed in subsection (a)(1) of such section. amendment. The passage of the Social be, and I think will be, eternally grate- The Acting CHAIR. The gentleman Security Act has got everybody talking ful for. from Florida is recognized for 5 min- about pension plans. You can forget it The Secretary looked at the possi- utes. forever. bility of saying that we’ll make this Mr. DEUTCH. Mr. Chairman, this Americans ought to be talking about fiscally solvent if we eliminate eligi- amendment reads, ‘‘The Secretary long-term care. We should all be lucky bility for anybody with a preexisting shall develop three actuarially sound enough to grow older. We should all be condition. Then they said, Well, no, benefit plans.’’ lucky enough to retire in south Flor- that’s not going to work. So let’s say, This amendment’s small fix gives the ida. how about a 15-year waiting period for administration the ability to imple- However, no one is immune from the someone with preexisting conditions. ment a program that enjoys the sup- frailty of old age, and no one is exempt Finally, ultimately, looked at the pos- port of two-thirds of all Americans, in- from disability. sibility of yet again making this part cluding, I should add, over half of Re- I can’t help but think of a very im- of ObamaCare, the CLASS program, a publicans. The stipulation for moving pressive man from south Florida, a mandatory participation. How has that forward, however, is that CLASS is im- good friend named Alan Brown, who, worked out for them thus far in regard plemented on an actuarially sound on January 2, 1988, at the age of 20, was to the exchange in young people being basis. hit by a strong wave at the beach that forced, under the ruse of the Constitu- The distinguished gentleman from caused a catastrophic spinal cord in- tion, of the commerce clause, to do Louisiana and author of the underlying jury that leaves him a quadriplegic to that under the penalty of law, increase bill has expressed some opposition to this day. taxes or penalties, or whatever they my amendment, suggesting that it will Mr. Brown has an endless list of ex- want to call it? Well, the Supreme waive the solvency requirement. I re- penses from his wheelchair and medica- Court will ultimately make that deci- spect the gentleman’s work and serv- tion, to disability through accessible sion. ice, but I regret that the claim is sim- transportation, and long-term care. Mr. Chair, the Secretary had every ply untrue. Even while holding two jobs, he strug- opportunity to look at this. We are

VerDate Mar 15 2010 06:07 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.031 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H339 talking about, I say to the gentleman the American people that the repeal of Ms. LEE of California. Mr. Chairman, from Florida, over an 18-month period this bill is in their best interest. As the I move to strike the last word. of time, and they absolutely could not saying goes, if it ain’t broke, don’t fix The Acting CHAIR. The gentlewoman certify it. it. Yet we find ourselves here debating is recognized for 5 minutes. You can delay and delay and delay, the repeal of a law that would have Ms. LEE of California. Let me first but what part of ‘‘no’’ does the gen- sought to address the long-term crisis thank Congresswoman GWEN MOORE for tleman not understand? No, this will burgeoning in this country. her very passionate and very clear not work. This amendment is unneces- Mr. Chairman, to most people, find- statement. I thank both she and Con- sary. We know that this program will ing a solution to the long-term care in- gressman ELLISON for their unwavering not work. surance crisis in this country seems leadership and conviction on the real My colleagues on the other side of like a good law. It must be if 56 na- issues facing the American people the aisle, they want to leave the provi- tional groups, including AARP and today. sion in the bill. They want to let it SEIU, are against repealing the CLASS As a former cochair of the Congres- stand there so they can somehow Act. sional Progressive Caucus and as a co- Once again, my Republican col- maybe with the next administration or founder of the Congressional Out of leagues are trying their best to dis- with the next chairman of the Energy Poverty Caucus, I rise in strong opposi- tract the American people from their and Commerce Committee or whom- tion to this bill. not seeking a solution with this repeal- ever on their side of the aisle might Mr. Chairman, members of the Pro- want to resurrect Freddy Krueger one the-bill sideshow. As we debate this repeal, I have gressive Caucus are here because, once more time on the backs of the Amer- again, the Republican leadership would ican taxpayer. This is a fiscal train heard so many of our colleagues refer to the President needing to come and rather attack the President than help wreck. the millions of struggling seniors, peo- Mr. Chairman, the bill actually calls apologize for introducing this provision in the Affordable Care Act. It occurs to ple with disabilities and their families for the provision of a plan at a date who are faced with a system that fails certain, October of 2012. I’m an OB/GYN me that the effort to embarrass the President, to harass him, to defy him, to meet their very basic needs. This physician. That’s less than 9 months. should really be a nonpartisan issue, That goes quickly. I know that about 9 that that is more important than find- ing a solution to the growing challenge but we are here today because Repub- months. licans are more focused on ending When you get there, folks that are of the aging population. Indeed, it is an emerging burgeoning problem. Medicare and repealing a long-term looking and counting on the CLASS care program than they are on creating program long-term care insurance, b 1620 jobs to put Americans back to work. they want to sign up for it. And the Ten million Americans need long- Last year, the Republicans’ first Federal Government says, I know it’s term care. Over the next decade, an- order of business was to eliminate— on the books, I know it’s still part of other 5 million Americans will require mind you, eliminate—the Medicare the law, I know we are obligated to this care, bringing the total to 15 mil- guarantee for America’s seniors under have a program for you to choose from lion people. The problem is only be- the Ryan budget proposal. This year, by October 1, 2012; but we decided not coming more challenging with esti- it’s the same old story. Instead of fo- to go forward with it. What’s to pre- mates that nearly 70 percent of peo- cusing on jobs or on extending middle vent them from suing the Federal Gov- ple—the baby boomers—will need some class tax cuts, unemployment assist- ernment? While these lawsuits are level of long-term care after turning 65. ance, or fixing the Medicare physician pending and going on and on and on— An additional issue is that this is a pay rate, this Tea Party Congress con- as an attorney jobs bill, it would have heavy burden on family budgets. tinues to waste time on pointless bills some merit. In the meantime, the pri- This law was seeking to provide a na- just to score political points. vate market for long-term care insur- tional, voluntary, and self-sustaining ance, they are not innovative. They are Repealing the CLASS program will insurance program for assistance serv- do nothing—nothing—to address the not going to do anything until the le- ices to aid elderly and disabled people. gality of that is cleared up. long-term crisis for the 10 million It would allow individuals to live inde- Americans who need care now and the We feel very strongly that this would pendently at home and in the commu- be a bad amendment, and I strongly op- 5 million more who will require it over nity for as long as possible without im- the next 10 years. Killing this program pose it. poverishing themselves. Mr. Chairman, I yield back the bal- without offering any alternative is, It seems that my Republican col- frankly, irresponsible. The law may ance of my time. leagues are content to defer the dreams The Acting CHAIR. The question is not be perfect, but repealing the bill of millions of Americans to live with does not make the problem go away. on the amendment offered by the gen- some sort of dignity as they age. As we tleman from Florida (Mr. DEUTCH). We should be doing everything we can enjoy this Black History Month, it re- to ensure that senior citizens and the The question was taken; and the Act- minds me of one of my favorite poets, ing Chair announced that the noes ap- disabled also have a shot at the Amer- an African American poet who would ican Dream. We should not destroy this peared to have it. be 110 years old today, Langston Mr. DEUTCH. Mr. Chair, I demand a for them just because of their ages or Hughes: their disabilities. Why in the world recorded vote. What happens to a dream deferred? Does it The Acting CHAIR. Pursuant to would the Republican Tea Party want dry up like a raisin in the Sun? Or fester like to throw them under the bus? clause 6 of rule XVIII, further pro- a sore—and then run? Does it stink like rot- ceedings on the amendment offered by ten meat? Or crust and sugar over—like a We should work to find a real solu- the gentleman from Florida will be syrupy sweet? Maybe it just sags like a tion that meets the needs of the mil- postponed. heavy load. Or does it explode? lions of baby boomers who are retiring Ms. MOORE. Mr. Chair, I move to Republicans want to put one man out now, of the senior citizens and the dis- strike the last word. of a job and would defer the dreams of abled, and we should work to ensure The Acting CHAIR. The gentlewoman millions of Americans. Yet, while they that they get the long-term care over from Wisconsin is recognized for 5 min- continue their song and dance, Mr. the next decade that they will need. utes. Chair, denying seniors the long-term Rather than repeal this bill today, we Ms. MOORE. Here we are again, la- care that they deserve and putting need to give experts time to identify dies and gentlemen. The lights are up, more and more Americans out of work, changes that would make the CLASS the music is playing and my Repub- I hope the American people recognize program stronger, and Congress needs lican colleagues are doing the same old who is really on their side before we to focus on the real priorities of the song and dance for the American peo- see the American Dream of living and day, which are jobs and the economy. ple. The Republicans have spread out retiring in dignity explode. We have work to do, and we don’t their sand, and they’re doing their best With that, I yield back the balance of have a minute to waste. Let’s not soft-shoe routine, trying to convince my time. waste another year without a jobs bill

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.079 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H340 CONGRESSIONAL RECORD — HOUSE February 1, 2012 and without extending vital unemploy- my family day in and day out. What we The CLASS Act was included in the ment benefits and payroll tax reduc- should be doing today is ensuring that health care law in order to help elderly tions to millions of Americans while the hardworking men and women who and functionally disabled Americans our economy continues to recover. It is provide care for our seniors in their purchase the services they need, which time for the Republican Tea Party to own homes earn a living wage, because would enable them to continue living stop walking away from our senior citi- these jobs are the jobs that make a dif- in their communities, as opposed to zens and the disabled and to work with ference and that bring happiness to being forced into expensive private us to continue middle class tax cuts, those who need their help the most. care which most of us can afford. unemployment assistance, and to en- With robust job growth predicted in So I understand that HHS had deter- sure that seniors can keep seeing their the health care sector over the next mined that the CLASS Act cannot be doctors. decade, it is imperative that we sup- implemented as written based on finan- We need to come together now to port long-term care services and those cial considerations; but, ladies and gen- enact bold programs and policies that who provide those services. This is a tlemen, that’s no reason to throw out provide equal opportunity and equal win-win for the American economy. or to repeal this worthwhile initiative. access for every single American no Not only do long-term care services We certainly need to improve it, but matter their race, no matter their em- provide jobs, but we know, if our sen- there’s no need to repeal it. ployment status, no matter their hum- iors can be taken care of in their own No matter what side of the political ble beginnings, no matter their ages, homes, it can save Americans money in aisle you sit on, you cannot ignore that no matter their disabilities. Americans the long run. I fear, however, that this we need to improve access to long-term can’t wait. This Congress should not legislation is meant as a step towards care. Approximately 10 million Ameri- wait. We need to really figure out a dismantling the health care reform law cans are in need of long-term care, and way to do the right thing on behalf of that Congress passed and that the this number is expected to increase to our senior citizens and the disabled, President signed, a law that will help 15 million over the next decade. Amer- but I have to say that today, unfortu- millions of Americans obtain better ica is aging. In 2009, an estimated 62 million un- nately, this bill moves us in the wrong and more affordable health care cov- paid family caregivers provided $450 direction. erage over the next decade. billion in care. At what cost to their I yield back the balance of my time. Thanks to the Affordable Care Act, jobs, to their family life with their Ms. HAHN. I move to strike the last insurance companies cannot deny cov- children? word. erage to people with preexisting condi- The Acting CHAIR. The gentlewoman In 2011, the average annual cost of a tions. Thanks to the Affordable Care nursing home was $70,000. Who can af- from California is recognized for 5 min- Act, Americans now have access to free utes. ford that? preventative care services. Thanks to The cost of long-term care is an Ms. HAHN. Mr. Chairman, I rise the Affordable Care Act, small busi- unsustainable burden on family mem- today in strong opposition to H.R. 1173, nesses can receive tax credits to pro- bers who, while also holding a job and the Republican legislation to repeal vide their employees with health cov- raising a family, struggled to provide the CLASS program. erage. Thanks to the Affordable Care their disabled or elderly relatives with CLASS was designed to be the first Act, children can stay on their parents’ the care that they need to continue liv- Federal voluntary long-term care pro- insurance until they’re 26. We just hope ing within their own communities. gram, making long-term care more ac- they don’t move back home. The CLASS Act is a voluntary pro- cessible and affordable for millions of To my colleagues on the other side, gram. It’s no mandate. Don’t get it Americans. The idea behind the CLASS let’s not work to strip these provisions, twisted. There is no mandate, indi- program is to provide Americans, espe- putting power back in the hands of for- vidual mandate for the CLASS Act. It’s cially our seniors, with peace of mind if profit insurance companies. We do not a voluntary program that relies on free they suffer from an unexpected long- need this legislation. Instead of repeal- market principles of responsibility and term illness or injury. ing a program that is not moving for- competition that my colleagues in the We have a long-term care crisis in ward, why don’t we work on replacing Republican Party claim to revere. this country. According to Secretary it with a better long-term care pro- There’s no mandate in this program. It Sebelius, ‘‘an estimated 15 million gram. The Affordable Care Act is not a would allow families of all means to Americans will need some kind of long- perfect law. That’s why we should be plan for a secure future where a long term care, and fewer than 3 percent working together to fix the problems, life or a disability does not lead to fi- have a long-term care policy.’’ Because not just to repeal them. Those prob- nancial ruin. Medicare and other existing programs lems will remain even if we repeal this Take, for instance, one of my con- do not cover these services, we must part of the law. Mr. Chairman, I urge stituents, Linda Rawlins. Linda was work together to find a solution. As my colleagues to stop this needless de- the primary caregiver for her elderly my Republican friends know, however, bate and legislation and get to work on mother until her recent passing. Linda the CLASS program as enacted will not the real issues at hand. told me that she supports the CLASS be implemented. Secretary Sebelius in- Act because millions of Americans just b 1630 formed Congress last October that she like her feel overwhelmed or face fi- did not ‘‘see a viable path forward for Mr. JOHNSON of Georgia. Mr. Chair, nancial distress due to their roles as CLASS implementation at this time.’’ I move to strike the last word. family caregivers who cannot receive In other words, this legislation we are The Acting CHAIR. The gentleman is any kind of assistance. debating today is not needed. recognized for 5 minutes. Although Linda’s mother received Instead of legislation to create jobs Mr. JOHNSON of Georgia. Mr. Chair- long-term care through a local senior and grow our economy, our Republican man, I rise in opposition to repealing assistance program that enabled her to friends are focused on repealing a pro- the CLASS Act. continue living at home, Linda knows gram that has already been suspended. You know, we all get old, or hope- that not everyone is so lucky. Having I want to encourage my friends on the fully we will all get old and reach an access to long-term care services en- other side of the aisle to take a step elderly status, and we will then per- abled Linda’s mother to live independ- back and focus on the things we could haps become physically unable to get ently with grace and with dignity. It be doing together to make long-term around a whole lot and we may need to allowed Linda to keep her job and care more affordable and accessible. have some long-term care. Tea Partiers helped relieve the emotional and finan- I have encountered in my own life will need it. Occupy Wall Streeters will cial strains placed on her and her fam- the issue of providing long-term care. need it. Mitt Romney and his group of ily as she oversaw her mother’s care. My dear, sweet mother, before she 15 percent taxpayers will need it. The Linda and I feel like everyone should passed away last summer, received only question is whether or not the have that kind of support, and the long-term care services for years, and I 99ers and the Tea Partiers will be able CLASS Act is a good place to start. Re- will always remember the warmth and to afford it. That is the only question. pealing the CLASS Act without any at- affection her caregivers showed her and We’re in the same boat. tempt to improve it is a rash political

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.083 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H341 move, and I urge my colleagues to op- What you’ve just said is that it’s es- man. No health care, no Medicare, no pose the bill. sentially a failure to act, to publish long-term care for millions of Ameri- I yield back the balance of my time. regulations or to promulgate regula- cans. Mr. GINGREY of Georgia. Mr. Chair- tions that would lead to the enactment Instead of a plan to create jobs or to man, I move to strike the requisite of this CLASS Act, becomes a final extend middle class tax cuts or to ad- number of words. agency action. In other words, failure dress unemployment assistance or to The Acting CHAIR. The gentleman is to act becomes a final agency action fix the Medicare physician pay rate, recognized for 5 minutes. which then enables an appeal or judi- Republicans are wasting time on divi- Mr. GINGREY of Georgia. My good cial review, the review being for the sive and pointless bills. friend, my very good friend from Geor- purposes, I suppose, of failing to follow I do respect the gentleman’s desire to gia, the gentleman from DeKalb, made the law, which would, of course, be in have me yield, but I must very, very the statement about what is the rea- support of the underlying legislation, respectfully decline to yield because I son; there is really no reason to strike the CLASS Act. have limited time. But if I have any this; why not leave it on the books. extra time, I will be happy to yield to And I think that’s the argument we b 1640 the gentleman, but it will have to be have heard all afternoon in regard to So I would argue that the regulation when I’m done. the position of the Democratic side. that you cite would actually enhance Today, we could be dealing with the But let me just read a few passages the ability of us to come to a reason- real issue—fixing the long-term care from a report that we requested from able way of financing this voluntary crisis. And I’m sure that everyone in the Congressional Research Service as program. this whole body, Republican and Demo- to why, in response to my friend from Mr. GINGREY of Georgia. Reclaim- crat, ought to be concerned about it be- DeKalb and my good colleague from ing my time from the gentleman, look, cause all of us, no matter what our ide- Georgia: Mr. Chairman, the gentleman is an at- ological beliefs may be, have people Judicial review assumes that the torney. I’m just an old country doctor. who need long-term care. So we’ve got Secretary takes no further action to But, you know, this is plain language, to be about this business. comply with the CLASS Act’s statu- and I’ll be happy to provide his office You know what, Mr. Chairman? Ten tory mandate to designate a benefit with a copy of this Congressional Re- million Americans currently need long- plan by October 1, 2012. search Service report. I’m not going to term care, and the problem is only get- The Secretary would appear to be get deep into the weeds of the legal ar- ting worse. The number of Americans committing a facial violation of the gument back and forth, but this is 62 years and older is 20 percent higher statutory requirement to designate about as plain as the nose on your face. than it was 10 years ago. Long-term such plan. Her failure to take such ac- With that, Mr. Chairman, I yield care is a huge burden on families. An tion conceivably could be challenged in back the balance of my time. estimated 62 million—let me say that court under the Administrative Proce- Mr. ELLISON. Mr. Chairman, I move one more time, Mr. Chairman—62 mil- dure Act, APA, which defines agency to strike the last word. lion unpaid family caregivers provided action to include the failure to act. The Acting CHAIR. The gentleman care valued at $450 billion in 2009, more They go on to say: from Minnesota is recognized for 5 min- than the total spending in Medicare The CLASS Act does not preclude ju- utes. that year. dicial review and the Secretary’s des- Mr. ELLISON. Mr. Chairman, I tell But Republicans are offering no solu- ignation of a benefit plan is a manda- you what’s as plain as the nose on your tion to the long-term care crisis. They tory, as opposed to a discretionary re- face, what’s as plain as the nose on may say anything that they want, but quirement. your face is that the Republicans are they’re not coming here with a bill So judicial review does not appear to getting rid of a plan for long-term care that we can debate. They’re just at- be precluded. Therefore, if the Sec- tacking what has already been done, without offering any alternative plan retary fails to perform the action re- which is so easy to do. Way better to be in its place. They’re just stripping quired by the statute, that inaction a critic than to be someone who pro- what’s there without saying here’s would appear to be reviewable. duces solutions. I continue: what we’re going to do. So, Mr. Chairman, I want to tell you A failure by the Secretary to des- But I have a memory, Mr. Chairman. a little bit about somebody in my dis- ignate a CLASS benefit plan by Octo- What I remember is that for long trict, Mary. Mary says: My mother is ber 1, 2012, presumably predicated upon stretches of time in the last decade, 90 and seriously ill and now in a nurs- a determination by her—that is not Republicans had both houses and the ing home. Her bill is over $6,500 a possible to develop three actuarially Presidency, didn’t do anything on month. Mary goes on to say she will sound benefit plans that meet all the health care other than do a big give- soon run out of money, referring to her requirements of the act—would appear away to Big Pharma. When the Demo- mom. Why do people have to become to be a final agency action from which crats get in, we do a plan. We pass the indigent before they receive help? ‘‘legal consequences will flow.’’ Affordable Care Act. Does it need tin- That’s a good question, I think. Inaction by the Secretary in desig- kering? Probably so, like all bills do. That’s a question warranting our at- nating a plan by the deadline could be But instead of trying to work with us tention, but our Republican friends found by a reviewing court to con- and do something good for the Amer- have no plan to protect families like stitute noncompliance with a statutory ican people, Republicans say we’re just Mary’s. They’re not here with a plan. mandate. Thus, after October 1, 2012, going to strip the Democratic plan for They just want to strip and rip and the Secretary’s failure to take an ac- long-term care. And this is too bad, be- take down what Democrats have al- tion legally required of her would ap- cause it seems to me that long-term ready done. And people are in need of pear to meet the standard for judicial care, Mr. Chairman, is a legitimate help. review of agency inaction unlawfully issue for us to work together on. But So, Mr. Chairman, repealing the withheld under the APA, Administra- we’re not working together. One side CLASS Act will not help Mary’s fam- tive Procedure Act, provision pre- passes a bill; the other side just tries to ily. We need to make the CLASS pro- scribing the scope of judicial review of get rid of it. I think it is high time gram stronger, not get rid of it. We agency action. that we start trying to work together, need to amend it, not end it. We need I asked one of my colleagues a few but we don’t have a cooperative part- to improve it. And that’s why 56 na- minutes ago, What part of ‘‘no’’ do you ner. Washington Republicans have tional groups wrote to Congress saying not understand? proven once again that they would please don’t repeal the CLASS Act, in- Mr. JOHNSON of Georgia. Would the rather try to embarrass President cluding AARP, SEIU, and the National gentleman yield? Obama than help American seniors. Council on Aging, people who really Mr. GINGREY of Georgia. I yield to Last year, Republicans’ first order of know what they’re talking about when the gentleman. business was to eliminate the Medicare it comes to long-term care. Mr. JOHNSON of Georgia. Thank guarantee for America’s seniors. This So I urge our Republican friends on you, my friend from Georgia. year it’s the same old story, Mr. Chair- both sides of the aisle to come together

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.085 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H342 CONGRESSIONAL RECORD — HOUSE February 1, 2012 with us to make a strong long-term what we can’t do is abandon the very Our Nation is indeed facing a long- program for seniors rather than just serious challenge that those 10 million term health crisis. People are living tearing down and stripping down. It’s Americans in need of long-term care longer. As a result, there’s a growing as plain as the nose on your face, Mr. have. need for long-term care for elderly and Chairman: Americans need long-term I yield back the balance of my time. disabled Americans. There are 10 mil- care. b 1650 lion people who need long-term care in I yield back the balance of my time. the United States today. That number Ms. WATERS. Mr. Chairman, I move Mr. WELCH. Mr. Chairman, I move is expected to grow to 15 million in the to strike the last word. to strike the last word. The Acting CHAIR. The gentlewoman year 2020. There are an estimated 52 The Acting CHAIR. The gentleman million unpaid caregivers providing from Vermont is recognized for 5 min- from California is recognized for 5 min- utes. long-term care services in American utes. homes today. American families are Mr. WELCH. We have a serious chal- Ms. WATERS. Mr. Chairman and paying more than $50 billion every year lenge here. We have people who need Members, this bill is just another at- on out-of-pocket expenses for long- long-term care. We have very serious tempt to dismantle health care reform. term care. These families need options, fiscal constraints. And the question be- Last year, House Republicans passed H.R. 2 to repeal the entire Affordable and they need our support. fore us really is, do we repeal the pro- The CLASS Act does not need to be gram altogether when there is a seri- Care Act. The landmark health care re- repealed. If House Republicans believe ous long-term program, as if by legisla- form law that was enacted almost 2 this program should be fixed, then they tive magic a repeal suddenly makes the years ago is what I’m referring to. should try to fix it. However, they have serious and acute problem vanish alto- The Affordable Care Act has already not even attempted to improve this gether. We know that doesn’t happen. made a difference in the lives of mil- program or develop other options to It may address a fiscal issue, but it lions of Americans. Let me just re- make long-term care services available doesn’t solve the fiscal issue and enor- count for the Members of this House to American families who need them. mous emotional pain that individuals what the Affordable Care Act has done It is long past due for House Repub- who are trying to take care of their and is doing. licans to stop trying to dismantle senior parents will face. So the prob- It prevents insurance companies from health care reform and start working lem doesn’t go away if this legislation dropping people because they get sick. with us in a constructive, bipartisan is passed. It simply means the pain will It prevents insurance companies from manner to improve our Nation’s health continue and probably intensify. denying coverage to children with pre- So the real challenge for Congress is existing conditions. It allows young system. I would urge my colleagues to that when there is a problem that we adults to remain on their parents’ oppose this bill and support solutions acknowledge is real and rising for the health insurance until they turn 26. It to America’s long-term care crisis. La- American people, and the folks who provides free preventive care to seniors dies and gentlemen, what we are dis- need long-term care are in red States under Medicare. It is phasing out the cussing today is precisely what Occupy and blue States, they’re in your dis- ‘‘doughnut hole’’ and helping seniors Wall Street was all about. It’s about trict and they’re in mine, the real obtain affordable prescription drugs. what are we going to do to deal with question is whether we address that as Finally, it provides tax credits to help that 99 percent out there who simply actively and as aggressively as we can, small businesses purchase health insur- need some safety nets that their gov- taking responsible steps to make cer- ance for their employees. ernment could easily assist with. tain that we can pay for what we prom- When H.R. 2 failed to move in the Health care is a problem in this coun- ise. Senate, House Republicans began pass- try. Not everyone can afford it, and I The worst thing that we can do in my ing bills to dismantle the Affordable would ask my colleagues to take the view is pass legislation that has almost Care Act piece by piece and inch by politics out of this issue. The American as its predicate the notion that by re- inch. They passed H.R. 1213, which re- public needs this health care reform. pealing the commitment that this Con- peals funding for the organization of And the Occupy Wall Street people who gress made 2 years ago, the problem health benefit exchanges, marketplaces are out there simply sent a message to doesn’t exist. It does, and we all know where American families will be able say, okay, America, stop being simply that. You’ve heard the statistics—10 to choose an affordable health care on the side of the 1 percent, look at the million Americans currently need long- plan. They passed H.R. 1214, which re- 99 percent. I would urge my colleagues term care. That is a tough challenge peals funding for the construction of to do that. for those families. Over the next dec- school-based health clinics. They I yield back the balance of my time. ade, that is going to rise to 15 million. passed H.R. 1216, which repeals funding Mr. NADLER. Mr. Speaker, I move to It is a rising challenge, and the longer for the training of primary care physi- strike the last word. we defer, the more difficult it will be cians. The Acting CHAIR. The gentleman for us to address it. Sixty-two million Now they’re trying to repeal the from New York is recognized for 5 min- Americans, good Americans, generous CLASS Act. The CLASS Act is the utes. Americans, serve as unpaid caregivers Community Living Assistance Services Mr. NADLER. Mr. Speaker, I rise in to elderly family members. How long and Supports Act, and it establishes a opposition to this bill to repeal the can that be sustained? program to facilitate access to long- CLASS Act. Last year, we watched as While nearly 70 percent of Americans term health care services. Who can be Republicans implemented a slash-and- will need some level of long-term care against that? The CLASS Act is a vol- burn offensive against almost every in their lifetime, only 8 percent are untary program to provide participants and any Federal program that helps able to buy long-term care insurance. with a cash benefit that can be used to people. No matter that the program That’s where we do need a public policy purchase a variety of long-term care helps women or children or seniors or program that’s going to match the re- services, such as home modifications, sick people; let’s get rid of it. sources required with the need that’s accessible transportation, personal as- Apparently, this year is no different. rising. sistance services, homemaker services, With this bill, Republicans have set The CLASS Act was designed to respite care, home health aids, and their eyes on the CLASS Act, which make progress, giving older Americans nursing support. The program would be when implemented, will help provide and their families some sense of secu- funded entirely by the premiums paid some relief to aging Americans as well rity. It’s not perfect. The most vig- by those who choose to participate. as to those who love and care for them. orous proponents of that legislation ac- House Republicans’ CLASS Act re- The CLASS program was designed to knowledge it’s not perfect. But what peal also repeals funding for the Na- combat the rapidly increasing cost of that we pass on the Republican side or tional Clearinghouse for Long-Term long-term care, costs that currently the Democratic side can any of us Health Information. The clearinghouse account for nearly half of all health claim is perfect? provides online information about care spending in this country, by help- What we have to do together is try to long-term care costs and planning op- ing enrollees in this program to afford make an imperfect bill better. But tions. a variety of long-term care services,

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.087 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H343 such as home modifications, assistive worse and more intense, not better. We The Republicans aren’t just repealing technology, accessible transportation, know the problem is not going to go the CLASS Act. The Republicans are respite care, home health care aids and away. So let’s deal with it. trying to kill another important and nursing support. After many, many years, Congress in inexpensive program that seniors and Currently, long-term care facilities the Affordable Care Act finally passed families depend on. They’re defunding cost on average $70,000 per year, and the CLASS Act program to start deal- the National Clearinghouse for Long- home health care aides can cost $25 per ing with this. There are problems with Term Care Information, an important hour in some areas. How many middle it. Yes, the financing that was brought and useful government Web site that class families can afford that? into that program is only sufficient for seniors and their families use to take I understand the concerns that my about 20 years. an active role in understanding, plan- Republican colleagues have voiced. As b 1700 ning, and financing their long-term currently structured, the Congres- needs. Remember, these are the most sional Budget Office estimates that the That gives us only 20 years to fix the frail people in our society, and they program will not be solvent beyond program. rely on this information to plan for about 2029, about 20 years from now. Now, the sooner we fix it, the sooner their futures. But what is the Republicans’ knee-jerk we amend the financing, the easier it Mr. Chairman, two-thirds of personal solution to all budget issues? To trash will be to do it. The longer we wait, the bankruptcies in this country are a program, a necessary program, that harder. caused by medical bills, and a lot of will provide much-needed support for So what do the Republicans want to those astronomical bills are caused by seniors today and in the future. do? Kill the whole program, put our the debilitating costs of long-term This is completely wrong-headed. We heads in the sand, ignore the problem, care. And the Republicans aren’t try- should not destroy this program and and to heck with the senior citizens ing to solve the problem. Instead, the ignore the problem. People will still and to heck with their children who Republicans want to repeal the first grow older, hopefully, and they will worry about how they’re going to have ever Federal law creating a stand-alone need assisted living, they will need their parents live their last years in long-term care program. Bill Frist, the home health care, and they will need dignity. That is not the American Republican leader in the Senate some accessible transportation. At some Dream. It is not right. years ago said, Don’t repeal it; fix it. point, we are going to have to face this I urge my Republican colleagues to But the Republicans can’t figure out issue. rethink this. Withdraw this bill. This how to fix it because they don’t care The current situation, where Med- program is not being implemented im- about seniors. icaid will pay for this but only after mediately. Figure out how to finance it Granted, this CLASS Act needs to be the family has impoverished itself and better. Figure out how to deal with fixed. It’s not a perfect bill. We know eliminated all their assets, it’s not a this problem. Don’t simply say let’s ig- that. And that’s what we should be long-term solution, it’s not a tolerable nore the problem and to hell with our doing so that the country stops allow- solution. Why should middle class fam- senior citizens. That is not the Amer- ing long-term health care costs to ilies who have worked all their lives ican Dream. We simply must do better. bankrupt families. That the Repub- have to impoverish themselves if an el- We’ve made a start. Let us continue licans don’t care enough to do any- derly relative needs home health care that start. Let us build on it. Let us thing about chronic bankruptcies or assisted living or a nursing home? not destroy the beginnings that we caused by long-term care is bad Our job here is to make people’s lives have made. enough, but the Republican wrecking better, to identify problems and to find I yield back the balance of my time. ball goes even further. The Republicans solutions. We have certainly identified Mr. MCDERMOTT. Mr. Chairman, I are trying to get a scalp. They want to a problem. There is simply no denying move to strike the last word. please their base by repealing a part of that only the wealthiest among us can The Acting CHAIR. The gentleman ObamaCare, that law that insures 31 possibly afford to pay $70,000 a year for from Washington is recognized for 5 million more Americans and saves tax- a nursing home. minutes. payers money—so-called ObamaCare, So let’s do our jobs. Let’s roll up our Mr. MCDERMOTT. Well, Mr. Chair- that law that already is driving down sleeves and work to make this program man, tomorrow is Groundhog Day. health care costs and getting Ameri- better. Let’s work to make it solvent, We’ve been in session this year for 1 cans better service for less money. not simply eliminate it. Let’s not sim- month. And this is the 1st day of the In 40 years of legislating, I’ve seen ply abandon middle class Americans 2nd month, and we’ve had 2 legislative State houses shift parties, Congress who are scared to death that after days and haven’t done one single thing shift parties, but I’ve never, ever seen a working their entire lives and playing for the working Americans in this legislative body that failed as badly as by the rules, they will have to bank- country. this one. This is the most unproductive rupt their children and grandchildren Now, this bill is the whole reason Congress I’ve ever seen. And if you just to have any sense of dignity as why the Occupy Wall Street movement think this bill is going to go out of they grow older. is out there and why the opinion of the here and go over to the Senate, even This is not the American Dream. We performance of the Congress is so low. the Republican leader, MITCH MCCON- don’t want to tell our old people, get This bill has absolutely nothing to do NELL, wouldn’t want this brought up as lost, get out of sight, go into the with creating jobs, training the unem- the bill that we deal with. poorhouses and the almshouses we had ployed, helping businesses grow, or The Republicans are running their before Social Security. We don’t want moving the country forward. It is demonize everything and do-nothing to tell our seniors, you can’t have the about the ninth time we’ve brought a agenda, and it’s having the predictable health care, the home assisted living, piece of so-called ObamaCare—Obama results. It gets the base whipped up and the home health care aides that you does care, you know. They brought it angry, but it accomplishes nothing for need. We don’t want to tell our families out here, and they keep trying to re- jobs, nothing for health care, nothing that you must impoverish yourselves, peal it, which is not what the people for the deficit, nothing for the econ- sell off all your assets because your want us working on. Instead, the Re- omy. The American people need the mother or your grandmother is sick or publicans are giving us just a bunch of CLASS Act fixed. They need to be able can no longer live independently. press releases. I can see them going out to continue to rely on the Clearing- This is why we have government, to of the offices now to the Tea Party all house for Long-Term Care Information. solve problems for all of us that we over the country—rile up the base, rile As the Republicans put out their plan cannot solve for ourselves individually. up the base, oh, yeah, and nothing is for wasting this entire year of 2012 not That is the reason for government, to being done for the people. serving the American people, the vot- provide for the common welfare, as the The second problem is that the Re- ers should look very carefully at what Constitution says. We know we have publicans aren’t being straight with they actually are doing. When they put this problem. We know as the popu- the American people. This bill does out their platform, you know, it’s lation ages the problem is going to get more than the Republicans are saying. going to say, What did you do? Well, I

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.090 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H344 CONGRESSIONAL RECORD — HOUSE February 1, 2012 voted ‘‘no.’’ I voted ‘‘no.’’ I voted ‘‘no.’’ Now, the question on all of these op- So it’s a day for many that is happy. I voted ‘‘no.’’ They will have nothing tions was: Does the Secretary have It’s a day that many humorously look positive to put on that agenda. What legal authority? And in most of the forward to great weather. Some re- did you do? Well, I tried to get rid of eight: Not completely; HHS vulnerable member our good friend, Bill Murray, the EPA. I didn’t want clean air. I to legal challenge. Not completely; vul- and it is a day that symbolizes repeti- didn’t want clean water. And I didn’t nerable to legal challenge. Not com- tion. want labor unions. And, and, ‘‘no,’’ pletely—again, vulnerable. No author- Sometimes the pain of Americans de- ‘‘no,’’ ‘‘no.’’ ity. No authority. No authority. No au- serves to be repeated over and over This is a terrible piece of legislation. thority. again. And I’d like to answer my good It should be fixed. There’s none of us Well, number nine, individual man- friend, not speaking for Mr. PALLONE, who would stand up here and say it’s a date, making everybody sign up for it, but, in actuality, we have the oppor- perfect piece of legislation, but I urge yes, got the authority to do that. She tunity now to have bipartisan hear- my colleagues to vote ‘‘no.’’ could have done that. But I’m sure that ings. Nothing is precluded. Mr. PAL- The Acting CHAIR. The time of the my colleagues and her advisors and the LONE’s statement was accurate. He was gentleman has expired. administration probably—and I state not writing the structure of long-term Mr. FINCHER. Mr. Chairman, I move this rhetorically. Do you want another care. He was indicating that, for Amer- to strike the last word. mandate to which the American people icans, it was vital. The Acting CHAIR. The gentleman can rail against us in the next elec- What is disappointing is that my from Tennessee is recognized for 5 min- tion? And she is smart enough to know friends on the other side of the aisle utes. are willing to give up so easily. I don’t Mr. FINCHER. I yield to my col- that option number nine was not unac- ceptable. understand that. Where’s the American league from Georgia (Mr. GINGREY). Mr. GINGREY of Georgia. I thank So, again, we could go on and on. We genius? the gentleman for yielding. could do this for another couple of Of course, they will cite HHS; but I appreciate the opportunity to re- hours and continue this Groundhog they know that Congress directs HHS. spond to my good friend and the good Day ruse, but, as I said earlier, Mr. They know that the repeal of this leg- doctor, my colleague from the State of Chairman, what part of ‘‘no’’ do they islation for long-term care will simply Washington, who made reference to, I not understand? kill the opportunity for Americans to find relief. think, Groundhog Day. b 1710 Now, my name, Mr. Chairman, is As we look to the future, we are just Now, look, when this amendment was PHIL GINGREY, but as I sat here over a month away until taxes go up on the last couple of hours listening to the added at the last moment back in 2009 middle class families, and Americans argument on the other side of the aisle, by the chairman of the Subcommittee looking for work lose their unemploy- I feel like Phil Connors, and that was on Health, Mr. PALLONE, during the En- ment insurance, and seniors face losing the weatherman. Bill Murray, if you ergy and Commerce Committee debate access to their doctors. We could be recall, played that role, the weather- on the CLASS Act, Chairman PALLONE working on that, move the conference man at Punxsutawney, Pennsylvania, stated, and I quote him: ‘‘I can’t stress committee a little faster. But we’re covering Groundhog Day. And believe enough that we are not actually set- now adding an extra burden. Let’s re- me, we have been listening to Ground- ting this up. We are simply sug- peal the CLASS Act. hog Day from my colleagues on the gesting.’’ That was the end of the It doesn’t disturb me that HHS has other side over and over and over quote. In fact, Chairman PALLONE as- made several tries, and in a time frame again, and it is indeed getting just a serted that the program would not has not found a cure yet. But knowing little bit tiring. take effect until subsequent legislation research and knowing science and My friend also said, the gentleman, was passed. being near and in the community of the doctor from the State of Wash- Well, Mr. BARTON, who, at the time, the Texas Medical Center, I know how ington, Mr. Chairman, and I quote him: was the ranking member of the overall long it takes to get a good answer in ‘‘I’ve never seen a Congress that has Committee of Energy and Commerce, health care. failed as much as this one.’’ Well, I’m said this: ‘‘Well, reclaiming my time, I But what I do want to stress to my going to tell you, I have never seen a am going to support the Pallone friends, can they deny that 82 percent provision of law in a bill that has failed amendment without binding anybody of Americans say that taking care of as much as the CLASS Act. And they on my side to support it, with the un- relatives who are aging or ill is de- can beat this to death—and I think derstanding that if this moves forward, manding? Eighty-two percent of them they have done that, Mr. Chairman— there will be a hearing on this in this say that; 72 percent indicate that tak- but I have in my hand here a summary committee, and there will be bipar- ing care of them is overwhelming; 56 sheet of the HHS analysis of the tisan efforts to flesh it out. Do I have percent said that as they are taking CLASS Act over an 18-month period of that assurance from the chairman?’’ care of their sick relatives, they are time. And Mr. PALLONE responded, ‘‘You cer- getting ill. And they have tried to model eight tainly have my assurance.’’ Yet we want to abandon the discus- different options to make this fiscally And then the chairman, HENRY WAX- sion on long-term care when I’ve al- solvent, and required by the law— MAN, overall chairman of the com- ready said on the floor of the House thank goodness, thank goodness for the mittee said, fine with me, but he is the that $450 billion of that long-term care amendment from the Senator from subcommittee chairman. is already in private hands. It’s in fam- Rhode Island, the Honorable Judd We never had one hearing. We never ilies. It’s through their labor. They are Gregg, at the time chairman or rank- had an opportunity to flesh it out. overwhelmed. ing member of the Budget Committee. Defeat this amendment. Only $14 billion is in the private in- The eight options, none of them work. The Acting CHAIR. The time of the dustry sector. See how much they’re I mean, there are things like a work re- gentleman from Tennessee has expired. standing up to the bar, and $101 billion quirement. There are things like not Ms. JACKSON LEE of Texas. Mr. in Medicaid. allowing anybody with a preexisting Chairman, I move to strike the last We have to find a solution that bal- condition to be in the program, allow- word. ances benefit and burden. Listen to a ing people with preexisting conditions The Acting CHAIR. The gentlewoman constituent from Texas who took care to be in the program but only eligible is recognized for 5 minutes. of her son after he was seriously in- for a benefit for 15 years, and on and on Ms. JACKSON LEE of Texas. My jured in a roadside bombing while pa- and on. Actually, the one option that’s good friend from Georgia, some things trolling in Iraq. She did not return not on this printout, I guess, is option bear repeating. I love February 2. It home 7 years in order to be with her number nine, and that would be the op- happens to be my daughter, Erica’s, son. tion, Mr. Chairman, of requiring every birthday. Some call it Groundhog Day. Debbie initially took a leave of ab- individual to sign up for the long-term I call it a day of great celebration for sence from her job, but ended up re- program under the CLASS Act. a bit of joy that came into our lives. signing to become a full-time caregiver

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.091 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H345 for her son. Because she no longer had actives. We should not be attacking programs being cognitively impaired is 68 percent for a paid job, and her husband was the that are designed to address issues of long people age 65 and older. only one working, they had to start term care. By 2050, the number of individuals using using their retirement savings to sur- Title VIII also authorized and appropriated paid long-term care services in any setting vive. Her son is now better, great news, funding through 2015 for the National Clear- (e.g., at home, residential care such as as- and active in the community. And she inghouse for Long-Term Care Information sisted living, or skilled nursing facilities) will continues her work. But the cata- (clearing house). H.R. 1173 would rescind any likely double from the 13 million using services strophic impact to the family con- unobligated balances appropriated to the Na- in 2000, to 27 million people. This estimate is tinues on. tional Clearinghouse for Long-Term Care In- influenced by growth in the population of older Rhonda has gone from a part-time, formation. people in need of care. visiting caregiver to her elderly par- The CLASS Act was designed to provide an Of the older population with long-term care ents to a live-in, full-time caregiver. affordable long-term care option for the 10 mil- needs in the community, about 30 percent (1.5 Even after the death of her own 23- lion Americans in need of long-term care now million persons) have substantial long-term year-old daughter in a car accident, and the projected 15 million Americans that care needs—three or more activities of daily and her only brother becoming disabled will need long-term care by 2020. living limitations. Of these, about 25 percent after an illness, before 2001 she was a Individuals need long-term care when a are 85 and older and 70 percent report they full-time working mother of two. chronic condition, trauma, or illness limits their are in fair to poor health. Where is the relief for these humans, ability to carry out basic self-care tasks, called Forty percent of the older population with these individuals, these people in need? activities of daily living (ADLs), (such as bath- long-term care needs are poor or near poor Where is it? It’s in the amendment I of- ing, dressing or eating), or instrumental activi- (with incomes below 150 percent of the Fed- fered that indicated that it is impor- ties of daily living (IADLs) (such as household eral poverty level). Between 1984 and 1994, the number of tant to note that long-term care is im- chores, meal preparation, or managing older persons receiving long-term care re- portant, and a study should engender money). to be able to determine that. Long-term care often involves the most inti- mained about the same at 5.5 million people, while the prevalence of long-term care use de- But more importantly, let’s, again, mate aspects of people’s lives—what and clined from 19.7 percent to 16.7 percent of the look at this in a way that we take our when they eat, personal hygiene, getting 65+ population. In comparison, 2.1 percent, or time and look at the macroeconomics dressed, using the bathroom. Other less se- over 3.3 million, of the population aged 18–64 and take into consideration how we vere long-term care needs may involve house- received long-term care in the community in can best configure this. But let me tell hold tasks such as preparing meals or using you very clearly that if we repeal this 1994. the telephone. While there was a decline in the proportion CLASS Act, the burden will fall on Estimates suggest that in the upcoming (i.e., prevalence) of the older population re- local and State governments and the years the number of disabled elderly who can- ceiving long-term care, the level of disability millions of caregivers who already, not perform basic activities of daily living with- and cognitive impairment among those who through their own effort and their own out assistance may be double today’s level. received assistance with daily tasks rose toil, with love, I will tell you with love, CLASS provides the aging and the disabled sharply. The proportion receiving help with expend $450 billion that we don’t com- with a solution that is self sustaining, at no three to six ADLs increased from 35.4 percent pensate them for, lose their jobs, raise cost to taxpayers. to 42.9 percent between 1984 and 1994. The the deficit, add to the debt because As the estimated 76 million baby boomers proportion of cognitive impairment among the they are not able to take care of them- born between 1946 and 1964 become elderly, 65+ population rose from 34 percent to 40 selves. Medicare, Medicaid, and Social Security will percent. And as we see, some 76 million baby nearly double as a share of the economy by boomers, Mr. Chairman, going forward. 2035. INFORMAL CARE GIVERS AND FAMILY Let me just say, don’t repeal this bill. Baby boomers are already turning 65. As of Informal caregiver and family caregiver are It bears repeating. Help those who need January 1, 2011, baby boomers have begun terms used to refer to unpaid individuals such your help. to celebrate their 65th birthdays for that day as family members, partners, friends and Mr. Chair, I move to strike the last word. on 10,000 people will turn 65 every day and neighbors who provide care. Informal caregivers and family can be pri- Today, I am joined by Members of the Con- this will continue for the next 20 years. mary or secondary caregivers, full time or part gressional Progressive Caucus, to call atten- It is reasonable to assume that over time time, and can live with the person being cared tion to the grievous threats posed by to H.R. the aging of baby boomers will increase the for or live separately. 1173, ‘‘The Fiscal Responsibility and Retire- demand for long-term care. Estimates vary on the number of family and ment Security Act of 2011’’, to key provisions Repealing the CLASS program does nothing informal caregivers in the United States, de- in the Affordable Health Care Act. to address the fact that private long-term care pending on the definitions however: H.R. 1173 bill would repeal title VIII of the insurance options are limited and the costs 52 million informal and family caregivers Patient Protection and Affordable Care Act are too high for many American families, in- provide care to someone aged 20+ who is ill and Supports (CLASS) Program—a national, cluding many in my Houston district, to afford. or disabled. voluntary long-term care insurance program In 2000, spending from public and private 44.4 million caregivers (or one out of every for purchasing community living assistance sources associated on long-term care amount- five households ) are involved in care giving to services and supports. ed to an estimated $137 billion (for persons of persons aged 18 or over. This piece of legislation is yet another ex- all ages). By 2005, this number has risen to 34 million caregivers provide care for some- ample of the Republican Majority failing to act $206.6 billion. one age 50+. on the top priorities of the American people. At Individuals 85 years and older, the oldest 27.3 million family caregivers provide per- a time when we should be focused on building old, are one of the fastest growing segments sonal assistance to adults (aged 15+) with a our economy; advancing underserved and of the population. In 2005, there are an esti- disability or chronic illness. underrepresented communities, addressing mated 5 million people 85+ in the United 5.8 to 7 million people (family, friends and the needs of our Nation’s seniors; and focus- States. This figure is expected to increase to neighbors) provide care to a person (65+) who ing on the deficit, as well as, unemployment 19.4 million by 2050. This means that there needs assistance with everyday activities insurance. Instead of generating bold new could be an increase from 1.6 million to 6.2 8.9 million informal caregivers provide care ideas to help small businesses hire more million people age 85 or over with severe or to someone aged 50+ with dementia. By the Americans, to aid in the revitalization efforts of moderate memory impairment in 2050. year 2007, the number of care giving house- our manufacturing industry, to advance the An estimated 10 million Americans needed holds in the U.S. for persons aged 50+ could cause for energy independence, to address long-term care in 2000. Most but not all per- reach 39 million. the needs of families hurt the most by this sons in need of long-term care are elderly. Ap- Over three-quarters (78 percent) of adults economic down turn. proximately 63 percent are persons aged 65 living in the community and in need of long- Instead, The Republicans have brought for- and older (6.3 million); the remaining 37 per- term care depend on family and friends (i.e., ward a bill to repeal a self sustaining program cent are 64 years of age and younger (3.7 mil- informal caregivers) as their only source of for the aging and the disabled. The CLASS lion). help; 14 percent receive a combination of in- program is meant to help someone who is un- The lifetime probability of becoming disabled formal and formal care (i.e., paid help); only 8 able to bath, cloth, or conduct basic life in at least two activities of daily living or of percent used formal care or paid help only.

VerDate Mar 15 2010 04:27 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00123 Fmt 4634 Sfmt 9920 E:\CR\FM\K01FE7.108 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H346 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Even among the most severely disabled creased from 1.3 million to 1.5 million. In their personal long-term care needs or older persons living in the community, about 1999, almost three-quarters (1.1 million) of that of a loved one or another family two-thirds rely solely on family members and these older residents were women. member. other informal help, often resulting in great The issue before us today, is how we intend People who’ve worked hard their strain for the family caregivers. to treat our aging and disabled at a time when whole lives, who are already coping The use of informal care as the only type of they are in need of assistance that will have with a sluggish economy, are being assistance by older Americans aged 65 and a direct impact on their quality of life. crushed under the weight of long-term over increased from 57 percent in 1994 to 66 Traditionally, most long-term care is pro- care costs, depleting their savings and percent in 1999. The growth in reliance upon vided informally by family members and sometimes spending themselves into informal care between 1994 and 1999 is ac- friends. Some people with disabilities receive bankruptcy. companied by a decline in the use of a com- assistance at home from paid helpers, includ- As we know, Mr. Chairman, long- bination of informal and formal care from 36 ing skilled nurses and home care aides. term care is not covered in most health percent in 1994 to 26 percent in 1999. Nursing homes are increasingly viewed as a care plans. If you’re already old and 30 percent of persons caring for elderly last resort for people who are too disabled to sick, you probably can’t qualify for a long-term care users were themselves aged live in the community, due to a number of fac- separate long-term care policy; and if 65 or over; another 15 percent were between tors, cost being one. you can, it’s likely to be insanely ex- the age of 45–54. Mr. Chair, I believe that we must leave the pensive. Medicare pays only for the For the family caregiver forced to give up framework that exists in place and work with first 100 days of nursing-home care, and work to care for a family member or friend, the seniors, families, industry, HHS and others to Medicaid is only available to the very cost in lost wages and benefits is estimated to find a way to make the CLASS Act or an alter- poor. But you don’t have to be poor to be $109 per day. native long-term care program work. be overwhelmed by nursing-home costs HOME AND COMMUNITY-BASED CARE We cannot and we must not allow Medicaid that average $72,000 a year. Most people—nearly 79 percent—who need to continue to be the only affordable long-term We can’t forget that we live in an Long-Term Care live at home or in community care service available to Americans. American aging society. As our largest genera- settings, not in institutions. families should not have to spend down their tion, the baby boomers, move into More than 13.2 million adults (over half savings or assets to access long-term care. their retirement years, and while ad- younger than 65) living in the community re- American families spend almost twice as vances in science and technology have, ceived an average of 31.4 hours of personal much on health care through premiums, pay- thankfully, allowed us to live longer, it assistance per week in 1995. check deductions, and out-of-pocket expenses means that many of us will require Only 16 percent of the total hours were paid as families in any other countries. more extended, more expensive care. care (about $32 billion), leaving 84 percent of Considering the amount that we spend on All this has created a perfect storm in hours to be provided (unpaid labor) by infor- health care, it is surprising that Americans do which the long-term care crisis will get mal caregivers. not live as long as people in Canada, Japan, even worse, not better. The trend towards community-based serv- and most of Western Europe. Our health care In the coming years, Mr. Chairman, ices as opposed to nursing home placement system was in need of an overhaul. we’re going to find ourselves in turmoil was formalized with the Olmstead Decision Under the Affordable Health Care Act, over long-term care. So why aren’t we (July, 1999)—a court case in which the Su- signed into law in 2010 more than 32 million putting our heads together on both preme Court upheld the right of individuals to additional Americans are expected to get in- sides of the aisle and coming up with receive care in the community as opposed to surance, either through an extension of Med- ideas to solve this dilemma? After all, an institution whenever possible. icaid or through exchanges where low and we’re all going to be old. The proportion of Americans aged 65 and moderate income individuals and families will Instead, we’re here today because the over with disabilities who rely entirely on for- be able to purchase private insurance with majority appears to want to repeal the mal care for their personal assistance needs Federal subsidies. one modest attempt to help Americans has increased to 9 percent in 1999 from 5 per- A key part of the new health law also en- cope with long-term care costs. If the cent in 1984. courages the development of ‘‘accountable program needs improvement, I ask Between 2000 and 2002, the number of li- care organizations’’ that would allow doctors to them, then let’s fix it. That’s what tax- censed assisted living and board and care fa- team up with each other and with hospitals, in payers are paying us to do, not throw cilities increased from 32,886 to 36,399 na- new ways, to provide medical services. There up our hands and walk away from this tionally, reflecting the trend towards commu- are dozens of good provisions in the Afford- problem. nity-based care as opposed to nursing homes. able Health Care Law that will ultimately ben- b 1720 Most assisted living facilities, however, are un- efit the public, if they are not repealed one title But my friends in the majority seem licensed. at a time. The CLASS Act is a good provision to have a different version and vision Most assisted living facilities (ALFs) dis- too—I stand by that notion—but just improp- of public service. It seems that instead charge residents whose cognitive impairments erly designed. of providing service to the public, they become moderate or severe or who need help While family caregiving can be a very satis- view it as their job to dismantle and with transfers (e.g. moving from a wheelchair fying job, those who become primary care- disembowel any government invest- to a bed). This limits the ability of these popu- takers for their senior loved ones must under- ment that improves the lives of regular lations to find appropriate services outside of stand that doing so will touch many aspects of people. Nothing seems to drive them to nursing homes or other institutions. their lives—including work, home and family. distraction like the commonsense re- NURSING HOME CARE This data was developed from the responses forms of the Affordable Care Act. They The risk of nursing home placement in- of more than 8,000 family caregivers who vis- have no innovative health care ideas of creases with age—31 percent of those who ited the caregiverstress.com Web site since their own. They’re simply nostalgic for are severely impaired and between the ages 2005. The results demonstrate the impact the cruel and unfair health care system of 65 and 70 receive care in a nursing home stress can have on family caregivers and they that we have finally begun to leave be- compared to 61 percent of those age 85 and illustrate why it’s important to tap into re- hind us. older. sources that can provide help or support. So we need to be building on health In 2002, there were 1,458,000 people in I yield back the balance of my time. care reform. We do not need to be whit- nursing homes nationally. Older individuals liv- Ms. WOOLSEY. Mr. Chairman, I tling away at it. Vote ‘‘no,’’ my col- ing in nursing homes require and receive move to strike the last word. leagues, on the repeal of the CLASS greater levels of care and assistance. In 1999, The Acting CHAIR. The gentlewoman Act. over three-quarters of individuals in nursing from California is recognized for 5 min- I yield back the balance of my time. homes received assistance with four to six utes. Mrs. CHRISTENSEN. I move to ADLs. Of the population aged 65 and over in Ms. WOOLSEY. Mr. Chairman, across strike the last word. 1999, 52 percent of the nursing home popu- the United States, anguished families The Acting CHAIR. The gentlewoman lation was aged 85 or older compared to 35 are sitting down at their kitchen table. from the Virgin Islands is recognized percent aged 75–84, and 13 percent aged 65– They’re reviewing their financial situa- for 5 minutes. 74. Between 1985 and 1999 the number of tion. Many are trying to figure out how Mrs. CHRISTENSEN. As I come to adults 65 and older living in nursing homes in- in the world they’re going to afford the floor today to speak against this

VerDate Mar 15 2010 06:17 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.149 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H347 repeal, I cannot help but remember the their zeal to attack the Affordable Care and for whom I hold no animus. I just faces of the individuals with disabil- Act and undermine the provisions that would like to ask you, is it not true, ities, individuals with very serious have already begun to help all of our my dear friend, that we can work this long-term care needs, sitting through constituents, our friends on the other out and find a way to get it done? Is it the long markup a couple months ago side of the aisle would rather slam that not true? Can we not find a way to get only to, at the end of the day, see the door shut and not continue to work this done? committee majority vote to repeal the with us to find ways to meet this crit- Mr. GINGREY of Georgia. Well, here CLASS Act. If an expression could con- ical need. again, when Mr. BARTON, the ranking vey a thousand words, theirs did that We need to have a plan to ensure ac- member of the committee, asked very day. I know because I had the same ex- cess to affordable long-term care, and specifically, Mr. Chairman, when he pression, and I felt the exact same way: repealing and dismantling the CLASS asked very specifically in the markup disappointed and frustrated, saddened Act with no safeguard or stopgap in on the House side back in 2009, if I vote at the very real possibility that they place first is definitely not the right ‘‘yes’’ for that, will we have hearings and our seniors would be left out in the way to go. to—I think it was ‘‘to flesh this out.’’ cold when they are at their most vul- I, like everyone here, Republican and He was assured, of course, by the chair- nerable. Democrat, have 10 million reasons to man at the time of the Health Sub- I’m sure that they and millions of take a stand and to fight for those who committee, Mr. PALLONE, and also the other people with special needs and cannot fight for themselves, to provide chairman of the overall committee, seniors are watching this now, and a voice for the voiceless and to remind Mr. WAXMAN of California, said, Hey, they, like all of us here now, know that our colleagues and those watching that it’s okay with me. No hearings were repealing the CLASS Act will not this fight cannot be over and that we held. So this business of can’t we work this make 10 million Americans’ long-term cannot stop until our long-term care out, but yet we were reaching out, and care needs disappear, and it certainly crisis is addressed and those who need it never happened. it, as many of us, Republican and Dem- will not make them suddenly afford- I yield back to my friend. able for the overwhelming majority of ocrat will, address it in a manner that Mr. AL GREEN of Texas. If I may re- most families. meets the high ideals of this country. claim my time. The Secretary did the responsible Mr. Chairman, I yield back the bal- I do welcome comments about the thing. She put the implementation on ance of my time. past, my dear friend. hold because the actuarial studies did Mr. AL GREEN of Texas. I move to But I’m asking you, given that you not show that the program, as de- strike the last word. do have some degree of influence given signed, was sustainable. None of us who The Acting CHAIR. The gentleman is that you’re in the majority, why can supported and voted for the Affordable recognized for 5 minutes. we not do now what was not done? I’m Care Act thought that everything in it Mr. AL GREEN of Texas. Mr. Chair- not privy to all of what wasn’t done was perfect. Much of it was well put to- man, when it comes to health care and and should have been done. But why gether, well-planned, well-designed. those who need it and can’t afford it, I can we not do now what wasn’t done? But there were some that we thought constantly remind myself that but for Why can we not now work to mend, might need to be tweaked or even re- the grace of God, there go I. You don’t rather then end, something that can vised in bigger ways, but we needed to believe in God? But for the grace of benefit persons who cannot help them- take that first big important step in chance and circumstance, but for the selves? Why can we not do it now? the right direction to make sure that goodness of luck, there go I. What prevents us? the health care needs of our fellow The question we have to ask our- I yield to the gentleman. Americans would be met. selves is what kind of country are we Mr. GINGREY of Georgia. Mr. Chair- The Secretary in her letter to the going to be? Are we going to be a coun- man, the gentleman asked me a spe- Speaker said that the report reflected try wherein health care becomes cific question, and I want to respond to ‘‘The development of information that wealth care? Where only the wealthy my friend. will ultimately advance the cause of can afford what is available? The tech- You know, the point I will make to finding affordable and sustainable nology’s available. The pharma- him is that we can work together. We long-term care options.’’ ceuticals are available. But only the absolutely can. So what we should be doing is look- wealthy can afford that which is avail- Mr. Chairman, we have discussed this ing at those options or charging an in- able in the richest country in the with Mr. PALLONE. I have done so per- stitute like the Institute of Medicine world. sonally, as I know my physician col- to look at them and recommend a way Are we going to be a country wherein league on Energy and Commerce, Mr. forward. pregnancy is a preexisting condition; if BURGESS, has had a conversation with Everyone knows that we have a long- you are pregnant and you don’t have Mr. PALLONE. term care crisis in the United States. insurance, you cannot get it? Is that b 1730 There are 10 million vulnerable men, the kind of country we are going to be? We can work together, but we have women, and children who need this Are we going to be a country wherein to remove this failed program first be- care, and we know that over the next senior citizens who are in need of phar- cause of that looming deadline of Octo- decade that number will grow to 15 maceuticals cannot get them because ber 1, 2012, where we’ll get sued if we million. We also know that there are they can’t afford them, but if you’re don’t have a program. So I’d be glad to grave racial, ethnic, as well as geo- wealthy, you can. But for the grace of work with the gentleman. graphic disparities that exist across God, there go I. The Acting CHAIR. The time of the the 10 million Americans with unmet No one deserves the status in life to gentleman has expired. long-term health care needs. which he or she is born. Born wealthy? Mr. AL GREEN of Texas. Mr. Chair- We also know that long-term health You didn’t earn it. Born poor? You man, I ask that I be extended the cour- care burdens family budgets, as well as don’t deserve it. tesy that the gentleman from Georgia Medicaid programs in the States that The question is whether we will un- received when he received an addi- administer them across our Nation. derstand that it can happen to any one tional 5 minutes. I don’t need an addi- Only about 8 percent of Americans buy of us and that we are a country that tional 5 minutes. I would just like to long-term care insurance because the can afford to make a difference in the continue this dialogue that we have premiums are too expensive in many lives of those who are sick and cannot had, and he did receive an additional 5 cases for most individuals to afford. take care of themselves. minutes earlier. Despite these facts, and these are in- So the issue today has not been The Acting CHAIR. Is the gentleman deed facts, and as we have seen time whether we can afford it or whether we requesting unanimous consent for an and time again, rather than identify can do it. The question is, do we have additional 5 minutes? and support a medically, economically, the will? We can find the way. Mr. AL GREEN of Texas. I ask unani- and socially responsible solution to I would yield to my colleague from mous consent to continue briefly this this critically important problem, in Georgia, whom I have great respect for dialogue with the gentleman.

VerDate Mar 15 2010 04:41 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.110 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H348 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Mr. GINGREY of Georgia. Point of are going to have difficulty taking care services to help them when they be- order, Mr. Chairman. of ourselves independently, and we’re come disabled or too sick or frail to The Acting CHAIR. The Chair recog- going to need some sort of long-term care for themselves. Women tend to nizes the gentleman from Georgia. care or support. So as the population need more resources for long-term Mr. GINGREY of Georgia. In regard ages, of course the need for these serv- care. Women tend to be ill for longer to you yielding an additional 5 minutes ices only increases. periods of time, and women are less to me, in fact, that is not true. I’ve been listening to this debate. On likely to have a family member to care Mr. Chairman, as you know, the gen- the substance, or at least as we iden- for them. tleman from Tennessee, Representative tify the problem, there is an enormous Over 70 percent of nursing home resi- FINCHER, moved to strike the last word amount of agreement. We all know dents and nearly two-thirds of home- and was afforded the 5 minutes, as we that the costs associated with long- care users are women. Because women, all are, and he yielded to me. term care are very high, that nursing far more than men, take on the role of I certainly would oppose the gentle- homes can cost over $70,000 a year, and caregiver, women are the ones who end man’s unanimous consent request for that just 20 hours a week of home care up staying at home, sometimes giving you to—I don’t think you have the au- costs nearly $20,000 a year. For working up careers to provide care for a sick or thority to do that quite honestly. families, there are few practical op- disabled family member, adults and The Acting CHAIR. Objection is tions in order to plan and pay for long- children alike. Indeed, women make up heard. term care and support services. Only three-fourths of the home-care work- Mr. AL GREEN of Texas. I would ask about 3 percent have a private policy force. the Chair for a ruling first as to wheth- covering long-term care while the ma- CLASS would help make these chal- er the Chair has the authority to do it. jority is forced to spend its way into lenges easier. It would help provide the Then, if I am incorrect, let the record poverty to qualify for the Medicare care women may require if and when always reflect that I will extend an safety net coverage of those costs. they need long-term care or supports apology when I have made a mistake. We know this. We all agree on this. for themselves. It would help provide So if I have made a mistake, I will do What the CLASS Act did was to ad- relief or a break, if you will, for those so; but I do ask that the Chair give a dress a number of critical needs, in- women who spend all day every day at ruling as to whether or not we can have cluding providing a way for persons home taking care of others in need of the unanimous consent request grant- with disabilities to remain independent long-term care. ed. and in their communities by bringing To take away this program is to take Ms. NORTON. Mr. Chairman, could I private dollars into the long-term care away the first real opportunity that make a parliamentary inquiry? services system in order to reduce the the women of this country have to deal The Acting CHAIR. The Chair will reliance on Medicaid without impover- with the long-term care challenges first respond to the inquiry of the gen- ishing individuals and their families. they face day in and day out both as tleman from Texas. Mr. Chair, here is how: if a person patients and as caregivers. Like so The time of the gentleman may be must go into a nursing home—and many other Republican assaults on the extended in the Committee of the those are the potential long-term peo- Affordable Care Act, H.R. 1173 is, in Whole only by unanimous consent. ple, Americans—if such Americans fact, an attack on women and women’s Ms. NORTON. Mr. Chairman, could I must go into a nursing home, first they health. make an inquiry at this time? spend down their resources, and then Like all those other assaults, we The Acting CHAIR. Does the gen- they go into a nursing home at a cost should push back and reject this one. tleman have a futher inquiry? of about $80,000 a year. CLASS is just one of the many ad- Mr. AL GREEN of Texas. Before I We all agree that the CLASS Act is vancements for women’s health that is leave the podium, if I may, I would like far from perfect, but it provides a be- included in the Affordable Care Act. As to prevail upon my friend whom I am ginning framework to begin to deal you have heard many times today, let’s having a colloquy with to show some with the problem. fix it, not repeal it, so it can work for sense of desire to continue this and I got a letter from Jonathan Lavin, women and all Americans as intended. reach some sort of—— CEO of AgeOptions in Oak Brook, Illi- Instead of passing H.R. 1173 and re- The Acting CHAIR. The gentleman nois, a service provider. He emailed pealing the CLASS Act with no effec- from Texas will suspend. me, actually, to say: tive alternative in place, we can and The time of the gentleman from Please do not vote to repeal the CLASS should work together to repair this Texas has expired. Act. Such a vote will reverse the hope of mil- program. Ignoring the long-term care Mr. AL GREEN of Texas. May I ask lions of Americans that one day they may crisis won’t make it go away. for the unanimous consent now, Mr. collectively insure themselves for the even- I yield back the balance of my time. Chairman? tuality of a debilitating disability. When we Ms. NORTON. Mr. Chair, I move to The Acting CHAIR. The gentleman see a young former Congresswoman gunned strike the last word. has requested unanimous consent to down and a healthy vibrant Illinois Senator The Acting CHAIR. The gentlewoman extend his time. There has been an ob- struck by a stroke, we realize that any of us from the District of Columbia is recog- jection to that request. may suffer from a disability. nized for 5 minutes. A broad-based, effective insurance program Does the gentlewoman from the Dis- will assist those who face such life-altering Ms. NORTON. Mr. Speaker, we have trict of Columbia seek recognition? challenges. We understand why the CLASS here one for the books. The Democrats Ms. NORTON. I ask the Chair: Is it Act is delayed in implementation since the offer a 100 percent private-sector solu- true that there will be no more Mem- economic situation is so dire, but we cannot tion to the most costly health care cri- bers heard on this issue after 5:40? understand deliberately acting to eliminate sis affecting the American people, and Mr. GINGREY of Georgia. Mr. Speak- the potential for such legislation to do so Republicans want to repeal it. This is er, I’m going to have to insist on reg- much good after the economy recovers. going to go down in history. ular order here. Every American faces the reality The Obama administration is a vic- The Acting CHAIR. In answer to the that an accident or illness requiring tim of its own honesty. It, in good gentlewoman’s parliamentary inquiry, long-term care could devastate them faith, put the CLASS Act into the there is a 3-hour time limit for consid- financially. health care bill knowing that we can’t eration of amendments that has not While this issue affects everyone, I do without it. Then the administration yet been reached. want to focus on the importance of the looked carefully at the cost factors, Ms. SCHAKOWSKY. I move to strike CLASS Act for women in this country. and it did the right thing. It informed the last word. Long-term care is very much a wom- the Congress that it was suspending The Acting CHAIR. The gentlewoman en’s health issue. Women live longer implementation of the CLASS Act. It from Illinois is recognized for 5 min- than men. Their life expectancy ex- certainly did not repeal it or ask for its utes. ceeds those of men by some 5 years. Be- repeal, nor should we. Here is why: the Ms. SCHAKOWSKY. Mr. Chairman, cause they live longer, women are at Medicare crisis before us, as I speak, is roughly 70 percent of us at some point greater risk of needing long-term care dwarfed by the long-term care crisis.

VerDate Mar 15 2010 04:41 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.133 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H349 We know it because that crisis, the The Acting CHAIR. The gentleman A recorded vote was ordered. CLASS crisis if you will, is already from Pennsylvania is recognized for 5 The vote was taken by electronic de- here. minutes. vice, and there were—ayes 161, noes 263, Mr. PITTS. Mr. Chairman, to sum- b 1740 not voting 8, as follows: marize briefly, first of all, there is no [Roll No. 13] That crisis, my friends, is long-term CLASS program. The gentlelady was AYES—161 care. Who pays for it? We pay for it. right; this is a woman issue. Women We, the taxpayers, because Medicaid Ackerman Gutierrez Pastor (AZ) have been promised something that Altmire Hahn Payne pays for it. They’re coming at an in- they’ll never get with the CLASS Act. Andrews Hanabusa Pelosi creasing clip because the fact is that Zero people will be enrolled in the Baca Hastings (FL) Peters the number of Americans who are liv- CLASS Act. They have a program that Baldwin Heinrich Pingree (ME) ing longer, who don’t have the re- Bass (CA) Higgins Polis doesn’t work, they know it won’t work, Becerra Hinojosa Price (NC) sources themselves, grows exponen- and it’s a false sense of hope to say Berman Hirono Quigley tially. Government is now paying 100 that it will. Bishop (GA) Hochul Rahall percent. HHS studied for 18 months eight dif- Bishop (NY) Holden Rangel Let’s look at the CLASS Act. That is Blumenauer Holt Reyes ferent scenarios to fix the CLASS Act Boswell Honda Richardson a 100 percent privately financed plan. It from $391 a month premium to $3,000 a Brady (PA) Hoyer Richmond means that we should all, not wait for month premium. They concluded the Brown (FL) Inslee Rothman (NJ) long-term care to be needed when we Butterfield Israel Ruppersberger same result: The CLASS Act is not fix- Capps Jackson (IL) Rush would have to ask the government, Capuano Jackson Lee able. Short of a mandate, there’s no Ryan (OH) Carnahan (TX) through Medicaid, to pay for nursing way to fix the CLASS Act. Sa´ nchez, Linda Carney Johnson (GA) home care. We should begin now to Now, our friends on the other side T. Chu Johnson, E. B. Sanchez, Loretta take care of our own long-term needs. have had several opportunities to offer Cicilline Kaptur Sarbanes What are you going to do if we don’t Clarke (MI) Keating amendments to fix the CLASS Act. Schakowsky Clarke (NY) Kildee have the CLASS Act—pass off the el- First of all, H.R. 1173 was marked up in Schiff derly who are in the nursing homes? To Clay Kissell the Energy and Commerce Health Sub- Cleaver Kucinich Schwartz where? To whom? committee, and they didn’t offer an Clyburn Langevin Scott (VA) Clearly, the CLASS Act is the only Cohen Larsen (WA) Scott, David amendment. At full committee, the Serrano solution, unless you want the Federal Democrats didn’t offer a comprehen- Connolly (VA) Larson (CT) Conyers Lee (CA) Sewell Government to continue to pick up the sive plan to fix the program. And now, Cooper Levin Sherman loss for those who need long-term care, with nearly 4 hours of debate, still no Costello Lewis (GA) Sires and that is what people in nursing Courtney Loebsack Slaughter amendments to fix the program. With- Smith (NJ) homes are there for. Only 8 percent of Critz Lowey out a mandate, there’s no way to fix it. Crowley Luja´ n Smith (WA) Americans buy long-term care insur- Mr. Chairman, we must get this pro- Cuellar Lynch Stark ance. gram off the books and start over. It Cummings Maloney Sutton Thompson (CA) I bought long-term care insurance, was wrong when it was passed. It’s sim- Davis (IL) Markey DeGette Matsui Thompson (MS) and then I was a little concerned to ply a liability in our budget, and the DeLauro McCollum Tierney read that people who have bought long- American taxpayers who would reject Deutch McDermott Tonko term care insurance find they are not any further attempt by the Federal Dicks McGovern Towns going to get what they thought they Dingell McNerney Tsongas Government to require something upon Doggett Meeks Van Hollen paid for. them, that is another mandate. Doyle Michaud Vela´ zquez I think this House ought to be having I urge a vote for H.R. 1173 to repeal Edwards Miller (NC) Visclosky hearings on what is out there now if we this CLASS Act. Let’s start over again. Ellison Miller, George Walz (MN) Engel Moore Wasserman want to encourage people to buy their I yield back the balance of my time. Fattah Moran Schultz own long-term care insurance. We are ANNOUNCEMENT BY THE ACTING CHAIR Frank (MA) Nadler Waters doing none of that. We are not encour- The Acting CHAIR. Pursuant to Fudge Napolitano Watt aging people to do what the CLASS Act Garamendi Neal Waxman clause 6 of rule XVIII, proceedings will Gonzalez Olver Welch would encourage them to do. Instead, now resume on those amendments Green, Al Owens Wilson (FL) we are saying repeal this private sector printed in the CONGRESSIONAL RECORD Green, Gene Pallone Woolsey solution. on which further proceedings were Grijalva Pascrell Yarmuth That makes no sense, because when postponed, in the following order: NOES—263 the crisis comes, the elderly are going Amendment No. 2 by Ms. JACKSON Adams Burgess Duffy to come to us. They are going to say LEE of Texas. Aderholt Burton (IN) Duncan (SC) they have no long-term care; they want Amendment No. 1 by Ms. JACKSON Akin Calvert Duncan (TN) what the last generation had. You Alexander Camp Ellmers LEE of Texas. Amash Campbell Emerson spend down your resources and then Amendment No. 4 by Mr. DEUTCH of Amodei Canseco Eshoo Medicaid picks it up. That’s the solu- Florida. Austria Cantor Farenthold tion on the table now. If you want a Amendment No. 5 by Mr. DEUTCH of Bachmann Capito Farr Bachus Cardoza Fincher private solution, this is golden. It is in Florida. Barletta Carter Fitzpatrick law. The Chair will reduce to 2 minutes Barrow Cassidy Flake We should grab it, keep it, have hear- the minimum time for any electronic Bartlett Castor (FL) Fleischmann ings on it. How can we make it fea- vote after the first vote in this series. Barton (TX) Chabot Fleming Bass (NH) Chaffetz Flores sible? Thank the administration for de- AMENDMENT NO. 2 OFFERED BY MS. JACKSON Benishek Chandler Forbes ciding not to implement it. They had LEE OF TEXAS Berg Coble Fortenberry an alternative. They could have al- The Acting CHAIR. The unfinished Berkley Coffman (CO) Foxx business is the demand for a recorded Biggert Cole Franks (AZ) lowed it to lie dormant, gone on with Bilbray Conaway Frelinghuysen the rest of the health care bill. Instead, vote on the amendment offered by the Bilirakis Costa Gallegly they told the truth. gentlewoman from Texas (Ms. JACKSON Bishop (UT) Cravaack Gardner Now we are here trying to repeal it, LEE) on which further proceedings were Black Crawford Garrett Blackburn Crenshaw Gerlach knowing full well that when the crisis postponed and on which the noes pre- Bonner Culberson Gibbs is upon us, we will never be able to put vailed by voice vote. Bono Mack Davis (CA) Gibson forward a private, 100 percent private The Clerk will redesignate the Boren Davis (KY) Gingrey (GA) amendment. Boustany DeFazio Gohmert solution because it will be too late. Brady (TX) Denham Goodlatte Take this for what it’s worth. You The Clerk redesignated the amend- Braley (IA) Dent Gosar have a bird in hand. ment. Brooks DesJarlais Gowdy I yield back the balance of my time. RECORDED VOTE Broun (GA) Diaz-Balart Granger Buchanan Dold Graves (GA) Mr. PITTS. Mr. Chairman, I move to The Acting CHAIR. A recorded vote Bucshon Donnelly (IN) Graves (MO) strike the last word. has been demanded. Buerkle Dreier Griffin (AR)

VerDate Mar 15 2010 04:41 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.134 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H350 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Griffith (VA) Matheson Ros-Lehtinen The Clerk will redesignate the Donnelly (IN) Kingston Reed Grimm McCarthy (CA) Roskam amendment. Dreier Kinzinger (IL) Rehberg Guinta McCarthy (NY) Ross (AR) Duffy Kline Reichert Guthrie McCaul Ross (FL) The Clerk redesignated the amend- Duncan (SC) Labrador Renacci Hall McClintock Royce ment. Duncan (TN) Lamborn Ribble Hanna McCotter Runyan Ellmers Lance Rigell RECORDED VOTE Harper McHenry Ryan (WI) Emerson Landry Rivera Harris McIntyre Scalise The Acting CHAIR. A recorded vote Farenthold Lankford Roby Hartzler McKeon Schilling has been demanded. Fincher Larsen (WA) Roe (TN) Hastings (WA) McKinley Schmidt Fitzpatrick Latham Rogers (AL) Hayworth McMorris A recorded vote was ordered. Flake Schock LaTourette Rogers (KY) Heck Rodgers Fleischmann Latta Schrader The Acting CHAIR. This will be a 2- Rogers (MI) Hensarling Meehan Fleming Lewis (CA) Schweikert minute vote. Rohrabacher Herger Mica Forbes Lipinski Scott (SC) Rokita Herrera Beutler Miller (FL) The vote was taken by electronic de- Fortenberry LoBiondo Scott, Austin Rooney Himes Miller (MI) vice, and there were—ayes 157, noes 264, Foxx Long Ros-Lehtinen Huelskamp Miller, Gary Sensenbrenner not voting 11, as follows: Franks (AZ) Lucas Sessions Roskam Huizenga (MI) Mulvaney Frelinghuysen Luetkemeyer Ross (AR) Hultgren Murphy (CT) Shimkus [Roll No. 14] Gallegly Lummis Shuler Ross (FL) Hunter Murphy (PA) AYES—157 Gardner Lungren, Daniel Runyan Hurt Myrick Shuster Garrett E. Ackerman Hahn Peters Ryan (WI) Issa Neugebauer Simpson Gerlach Lynch Andrews Hanabusa Scalise Jenkins Noem Smith (NE) Pingree (ME) Gibbs Manzullo Baca Hastings (FL) Schilling Johnson (IL) Nugent Smith (TX) Polis Gibson Marchant Baldwin Heinrich Schmidt Johnson (OH) Nunes Southerland Price (NC) Gingrey (GA) Marino Bass (CA) Higgins Schock Johnson, Sam Nunnelee Speier Quigley Gohmert Matheson Becerra Hinojosa Schweikert Jones Olson Stearns Rahall Goodlatte McCarthy (CA) Berman Hirono Scott (SC) Jordan Palazzo Rangel Gosar McCaul Stivers Bishop (GA) Holden Scott, Austin Kelly Paulsen Reyes Gowdy McClintock Stutzman Blumenauer Holt Sensenbrenner Kind Pearce Richardson Granger McCotter Sullivan Boswell Honda Sessions King (IA) Pence Richmond Graves (GA) McHenry Terry Brady (PA) Hoyer Shimkus King (NY) Perlmutter Rothman (NJ) Graves (MO) McIntyre Thompson (PA) Braley (IA) Inslee Shuler Kingston Peterson Ruppersberger Green, Gene McKeon Thornberry Brown (FL) Israel Shuster Kinzinger (IL) Petri Rush Griffin (AR) McKinley Tiberi Butterfield Jackson (IL) Simpson Kline Pitts Ryan (OH) Griffith (VA) McMorris Tipton Capps Jackson Lee Smith (NE) Labrador Platts ´ Grimm Rodgers Turner (NY) Capuano (TX) Sanchez, Linda Lamborn Poe (TX) Guinta Meehan Smith (NJ) Turner (OH) Carnahan Johnson (GA) T. Lance Pompeo Guthrie Mica Smith (TX) Upton Castor (FL) Johnson, E. B. Sanchez, Loretta Landry Posey Hall Miller (FL) Southerland Walberg Chu Kaptur Sarbanes Lankford Price (GA) Hanna Miller (MI) Stearns Cicilline Keating Schakowsky Latham Quayle Walden Harper Miller, Gary Stivers Clarke (MI) Kildee Schiff Latta Reed Walsh (IL) Harris Mulvaney Stutzman Clarke (NY) Kissell Schrader Lewis (CA) Rehberg Webster Hartzler Murphy (CT) Terry Clay Kucinich Schwartz Lipinski Reichert West Hastings (WA) Murphy (PA) Thompson (PA) Clyburn Langevin Scott (VA) LoBiondo Renacci Westmoreland Hayworth Myrick Thornberry Cohen Larson (CT) Scott, David Lofgren, Zoe Ribble Whitfield Heck Neugebauer Tiberi Connolly (VA) Lee (CA) Serrano Long Rigell Wilson (SC) Hensarling Noem Tipton Conyers Levin Sewell Lucas Rivera Wittman Herger Nugent Turner (NY) Costello Lewis (GA) Luetkemeyer Roby Wolf Sherman Herrera Beutler Nunes Turner (OH) Courtney Loebsack Lummis Roe (TN) Womack Sires Himes Nunnelee Upton Critz Lofgren, Zoe Lungren, Daniel Rogers (AL) Woodall Slaughter Hochul Olson Walberg Crowley Lowey E. Rogers (KY) Yoder Smith (WA) Huelskamp Owens Walden Cummings Luja´ n Manzullo Rogers (MI) Young (AK) Speier Huizenga (MI) Palazzo Walsh (IL) Davis (IL) Maloney Marchant Rokita Young (FL) Stark Hultgren Paulsen Webster DeFazio Markey Marino Rooney Young (IN) Sutton Hunter Pearce West DeGette Matsui Thompson (CA) Hurt Pence Westmoreland DeLauro McCarthy (NY) NOT VOTING—8 Thompson (MS) Jenkins Perlmutter Whitfield Deutch McCollum Carson (IN) LaTourette Rohrabacher Tierney Johnson (IL) Peterson Wilson (SC) Dicks McDermott Filner Mack Roybal-Allard Tonko Johnson (OH) Petri Wittman Dingell McGovern Hinchey Paul Towns Johnson, Sam Pitts Wolf Doggett McNerney Jones Platts Womack Doyle Meeks Tsongas b 1815 Jordan Poe (TX) Woodall Edwards Michaud Van Hollen ´ Kelly Pompeo Yoder Messrs. POMPEO, LANDRY, POSEY, Ellison Miller (NC) Velazquez Kind Posey Young (AK) Engel Miller, George Visclosky WILSON of South Carolina, MURPHY King (IA) Price (GA) Young (FL) Eshoo Moore Walz (MN) of Pennsylvania, CALVERT, ROKITA, King (NY) Quayle Young (IN) Farr Moran Wasserman BURGESS, Ms. BERKLEY, and Ms. Fattah Nadler Schultz NOT VOTING—11 SPEIER changed their vote from ‘‘aye’’ Frank (MA) Napolitano Waters Fudge Neal Watt Carson (IN) Issa Roybal-Allard to ‘‘no.’’ Filner Mack Royce Messrs. COOPER, CARNEY, OWENS, Garamendi Olver Waxman Gonzalez Pallone Welch Flores Paul Sullivan and Ms. HOCHUL changed their vote Green, Al Pascrell Wilson (FL) Hinchey Pelosi from ‘‘no’’ to ‘‘aye.’’ Grijalva Pastor (AZ) Woolsey ANNOUNCEMENT BY THE ACTING CHAIR So the amendment was rejected. Gutierrez Payne Yarmuth The Acting CHAIR (during the vote). The result of the vote was announced NOES—264 as above recorded. There is 1 minute remaining. Adams Black Cassidy Stated for: Aderholt Blackburn Chabot b 1819 Mr. FILNER. Mr. Speaker, on rollcall 13, I Akin Bonner Chaffetz So the amendment was rejected. was away from the Capitol due to prior com- Alexander Bono Mack Chandler The result of the vote was announced mitments to my constituents. Had I been Altmire Boren Cleaver Amash Boustany Coble as above recorded. present, I would have voted ‘‘aye.’’ Amodei Brady (TX) Coffman (CO) Stated for: Stated against: Austria Brooks Cole Mr. SMITH of New Jersey. Mr. Chair, on Bachmann Broun (GA) Conaway Mr. FILNER. Mr. Speaker, on rollcall 14, I rollcall No. 13, I inadvertently voted ‘‘yes’’ Bachus Buchanan Cooper was away from the Capitol due to prior com- when I intended to vote ‘‘no.’’ Barletta Bucshon Costa mitments to my constituents. Had I been Barrow Buerkle Cravaack present, I would have voted ‘‘aye.’’ AMENDMENT NO. 1 OFFERED BY MS. JACKSON Bartlett Burgess Crawford LEE OF TEXAS Barton (TX) Burton (IN) Crenshaw AMENDMENT NO. 4 OFFERED BY MR. DEUTCH The Acting CHAIR. The unfinished Bass (NH) Calvert Cuellar The Acting CHAIR. The unfinished Benishek Camp Culberson business is the demand for a recorded Berg Campbell Davis (CA) business is the demand for a recorded vote on the amendment offered by the Berkley Canseco Davis (KY) vote on the amendment offered by the gentlewoman from Texas (Ms. JACKSON Biggert Cantor Denham gentleman from Florida (Mr. DEUTCH) LEE) on which further proceedings were Bilbray Capito Dent on which further proceedings were Bilirakis Cardoza DesJarlais postponed and on which the noes pre- Bishop (NY) Carney Diaz-Balart postponed and on which the noes pre- vailed by voice vote. Bishop (UT) Carter Dold vailed by voice vote.

VerDate Mar 15 2010 04:41 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.113 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H351 The Clerk will redesignate the DesJarlais King (IA) Renacci The Clerk will redesignate the amendment. Diaz-Balart King (NY) Ribble amendment. Dold Kingston Rigell The Clerk redesignated the amend- Donnelly (IN) Kinzinger (IL) Rivera The Clerk redesignated the amend- ment. Dreier Kline Roby ment. Duffy Labrador Roe (TN) RECORDED VOTE RECORDED VOTE Duncan (SC) Lamborn Rogers (AL) The Acting CHAIR. A recorded vote Duncan (TN) Lance Rogers (KY) The Acting CHAIR. A recorded vote has been demanded. Ellmers Landry Rogers (MI) has been demanded. Emerson Lankford Rohrabacher A recorded vote was ordered. Farenthold Latham A recorded vote was ordered. Rokita Fincher Latta The Acting CHAIR. This will be a 2- Rooney The Acting CHAIR. This will be a 2- Fitzpatrick Lewis (CA) minute vote. Ros-Lehtinen minute vote. Flake Lipinski Roskam The vote was taken by electronic de- Fleischmann LoBiondo The vote was taken by electronic de- vice, and there were—ayes 164, noes 260, Fleming Long Ross (AR) vice, and there were—ayes 160, noes 264, not voting 8, as follows: Flores Lucas Ross (FL) not voting 8, as follows: Forbes Luetkemeyer Royce [Roll No. 15] Fortenberry Lummis Runyan [Roll No. 16] AYES—164 Foxx Lungren, Daniel Ryan (WI) AYES—160 Frelinghuysen E. Scalise Ackerman Grijalva Pastor (AZ) Ackerman Green, Al Payne Gallegly Manzullo Schilling Altmire Gutierrez Payne Altmire Green, Gene Gardner Marchant Schmidt Pelosi Andrews Hahn Andrews Grijalva Pelosi Garrett Marino Schock Peters Baca Hanabusa Baca Hahn Perlmutter Gerlach Matheson Schrader Pingree (ME) Baldwin Hastings (FL) Baldwin Hanabusa Peters Gibbs McCarthy (CA) Schweikert Polis Bass (CA) Heinrich Bass (CA) Hastings (FL) Pingree (ME) Gibson McCaul Scott (SC) Price (NC) Becerra Higgins Becerra Heinrich Polis Gingrey (GA) McClintock Scott, Austin Quigley Berman Hinojosa Berman Higgins Price (NC) Gohmert McCotter Sensenbrenner Rahall Bishop (GA) Hirono Bishop (GA) Hinojosa Quigley Goodlatte McHenry Sessions Rangel Blumenauer Holden Bishop (NY) Hirono Rahall Gosar McIntyre Shimkus Reyes Boswell Holt Blumenauer Holden Rangel Gowdy McKeon Shuler Richardson Brady (PA) Honda Boswell Holt Reyes Granger McKinley Shuster Richmond Braley (IA) Hoyer Brady (PA) Honda Richardson Graves (GA) McMorris Simpson Rothman (NJ) Brown (FL) Inslee Braley (IA) Inslee Richmond Graves (MO) Rodgers Ruppersberger Butterfield Israel Smith (NE) Brown (FL) Israel Rothman (NJ) Griffin (AR) Meehan Capps Jackson (IL) Smith (NJ) Butterfield Jackson (IL) Rush Ruppersberger Griffith (VA) Mica Capuano Jackson Lee Smith (TX) Capps Jackson Lee Ryan (OH) Rush Grimm Miller (FL) Cardoza (TX) Southerland Capuano (TX) Sa´ nchez, Linda Ryan (OH) Guinta Miller (MI) Carnahan Johnson (GA) Stearns Cardoza Johnson (GA) T. Sa´ nchez, Linda Guthrie Miller, Gary Castor (FL) Johnson, E. B. Stivers Carnahan Johnson, E. B. Sanchez, Loretta T. Hall Mulvaney Chu Kaptur Stutzman Castor (FL) Kaptur Sarbanes Sanchez, Loretta Hanna Murphy (CT) Cicilline Keating Sullivan Chu Keating Schakowsky Sarbanes Harper Murphy (PA) Clarke (MI) Kildee Terry Cicilline Kildee Schiff Schakowsky Harris Myrick Clarke (NY) Kissell Thompson (PA) Clarke (MI) Kissell Schwartz Hartzler Neugebauer Clay Kucinich Schiff Thornberry Clarke (NY) Kucinich Scott (VA) Hastings (WA) Noem Cleaver Langevin Schwartz Tiberi Clay Langevin Scott, David Scott (VA) Hayworth Nugent Clyburn Larsen (WA) Tipton Cleaver Larson (CT) Serrano Heck Nunes Cohen Larson (CT) Scott, David Turner (NY) Clyburn Lee (CA) Hensarling Nunnelee Sewell Connolly (VA) Lee (CA) Serrano Turner (OH) Cohen Levin Herger Olson Sherman Conyers Levin Sewell Upton Connolly (VA) Lewis (GA) Herrera Beutler Owens Sires Costello Lewis (GA) Sherman Conyers Loebsack Himes Palazzo Walberg Slaughter Courtney Loebsack Sires Costello Lofgren, Zoe Hochul Paulsen Walden Smith (WA) Critz Lofgren, Zoe Slaughter Courtney Lowey Huelskamp Pearce Walsh (IL) Speier Crowley Lowey Smith (WA) Critz Luja´ n Huizenga (MI) Pence Webster Stark Cummings Luja´ n Speier Crowley Maloney Hultgren Peterson West Sutton Davis (CA) Lynch Stark Cuellar Markey Hunter Petri Westmoreland Thompson (CA) Davis (IL) Maloney Sutton Cummings Matsui Hurt Pitts Whitfield Thompson (MS) DeGette Markey Thompson (CA) Davis (CA) McCarthy (NY) Issa Platts Wilson (SC) Tierney DeLauro Matsui Thompson (MS) Davis (IL) McCollum Jenkins Poe (TX) Wittman Tonko Deutch McCarthy (NY) Tierney DeGette McDermott Johnson (IL) Pompeo Wolf Dicks McCollum Tonko DeLauro McGovern Towns Johnson (OH) Posey Womack Dingell McDermott Towns Deutch McNerney Tsongas Johnson, Sam Price (GA) Woodall Doggett McGovern Tsongas Dicks Meeks Van Hollen Jones Quayle Yoder Doyle McNerney Van Hollen Dingell Michaud Vela´ zquez Jordan Reed Young (AK) Edwards Meeks Vela´ zquez Doggett Miller (NC) Visclosky Kelly Rehberg Young (FL) Ellison Michaud Visclosky Doyle Miller, George Walz (MN) Kind Reichert Young (IN) Engel Miller (NC) Walz (MN) Edwards Moore Wasserman Eshoo Miller, George Wasserman NOT VOTING—8 Ellison Moran Schultz Farr Moore Schultz Engel Nadler Waters Carson (IN) Hinchey Paul Fattah Moran Waters Eshoo Napolitano Watt Filner LaTourette Frank (MA) Nadler Watt Roybal-Allard Farr Neal Waxman Franks (AZ) Mack Fudge Napolitano Waxman Fattah Olver Welch Garamendi Neal Welch b 1824 Frank (MA) Pallone Wilson (FL) Gonzalez Olver Wilson (FL) Fudge Pascrell Woolsey Green, Al Pallone Woolsey So the amendment was rejected. Garamendi Pastor (AZ) Yarmuth Green, Gene Pascrell Yarmuth The result of the vote was announced NOES—264 NOES—260 as above recorded. Stated for: Adams Blackburn Chabot Adams Bishop (UT) Carney Aderholt Bonner Chaffetz Aderholt Black Carter Mr. FILNER. Mr. Speaker, on rollcall 15, I Akin Bono Mack Chandler Akin Blackburn Cassidy was away from the Capitol due to prior com- Alexander Boren Coble Alexander Bonner Chabot mitments to my constituents. Had I been Amash Boustany Coffman (CO) Amash Bono Mack Chaffetz Amodei Brady (TX) Cole Amodei Boren Chandler present, I would have voted ‘‘aye.’’ Austria Brooks Conaway Austria Boustany Coble Stated against: Bachmann Broun (GA) Cooper Bachmann Brady (TX) Coffman (CO) Mr. FRANKS of Arizona. Mr. Chair, on roll- Bachus Buchanan Costa Bachus Brooks Cole call No. 15, I was unavoidably detained. Had Barletta Bucshon Cravaack Barletta Broun (GA) Conaway Barrow Buerkle Crawford Barrow Buchanan Cooper I been present, I would have voted ‘‘no.’’ Bartlett Burgess Crenshaw Bartlett Bucshon Costa AMENDMENT NO. 5 OFFERED BY MR. DEUTCH Barton (TX) Burton (IN) Culberson Barton (TX) Buerkle Cravaack The Acting CHAIR. The unfinished Bass (NH) Calvert Davis (KY) Bass (NH) Burgess Crawford Benishek Camp DeFazio Benishek Burton (IN) Crenshaw business is the demand for a recorded Berg Campbell Denham Berg Calvert Cuellar vote on the amendment offered by the Berkley Canseco Dent Berkley Camp Culberson gentleman from Florida (Mr. DEUTCH) Biggert Cantor DesJarlais Biggert Campbell Davis (KY) on which further proceedings were Bilbray Capito Diaz-Balart Bilbray Canseco DeFazio Bilirakis Carney Dold Bilirakis Cantor Denham postponed and on which the noes pre- Bishop (UT) Carter Donnelly (IN) Bishop (NY) Capito Dent vailed by voice vote. Black Cassidy Dreier

VerDate Mar 15 2010 04:41 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.118 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H352 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Duffy Kinzinger (IL) Reichert having had under consideration the bill think about the diabetic, long-term di- Duncan (SC) Kline Renacci (H.R. 1173) to repeal the CLASS Pro- abetes, and the effect that it has. Duncan (TN) Labrador Ribble Ellmers Lamborn Rigell gram, and, pursuant to House Resolu- Now, the point of my amendment is Emerson Lance Rivera tion 522, reported the bill back to the not to kill this bill but rather to Farenthold Landry Roby House with an amendment adopted in amend it in such a way that it can be Fincher Lankford Roe (TN) taken up on the floor with all of us Fitzpatrick Larsen (WA) Rogers (AL) the Committee of the Whole. Flake Latham Rogers (KY) The SPEAKER pro tempore. Under supporting this. Fleischmann LaTourette Rogers (MI) the rule, the previous question is or- Long-term care is a major challenge Fleming Latta Rohrabacher for families, for individuals, and for Flores Lewis (CA) dered. Rokita this Nation. Today 5.4 million Ameri- Forbes Lipinski Rooney The question is on the committee Fortenberry LoBiondo Ros-Lehtinen amendment in the nature of a sub- cans have Alzheimer’s, and at the end Foxx Long Roskam stitute. of this decade, it’s expected to double, Franks (AZ) Lucas Ross (AR) Frelinghuysen Luetkemeyer The amendment was agreed to. more than 10 million. Ross (FL) Keep that vision of the Alzheimer’s Gallegly Lummis Royce The SPEAKER pro tempore. The Gardner Lungren, Daniel Runyan question is on the engrossment and patient in mind. It may be someone in Garrett E. Ryan (WI) your family or in your circle. Twenty- Gerlach Lynch third reading of the bill. Scalise The bill was ordered to be engrossed four million Americans have diabetes, Gibbs Manzullo Schilling Gibson Marchant Schmidt and read a third time, and was read the 26 million have heart disease. Think of Gingrey (GA) Marino Schock third time. that stroke victim. You know that per- Gohmert Matheson Schrader Goodlatte McCarthy (CA) son. They’ve been our colleagues, dis- Schweikert b 1830 Gosar McCaul abled, and in many cases, totally dis- Scott (SC) Gowdy McClintock MOTION TO RECOMMIT Scott, Austin abled. Granger McCotter Sensenbrenner Mr. GARAMENDI. Mr. Speaker, I What this amendment does is to deal Graves (GA) McHenry Sessions Graves (MO) McIntyre have a motion to recommit at the with a profound problem in America. Shimkus Griffin (AR) McKeon desk. How do we care for those who are dis- Shuler Griffith (VA) McKinley Shuster The SPEAKER pro tempore. Is the abled, unable to care for themselves for Grimm McMorris Simpson a lengthy period of time? How do we do Guinta Rodgers gentleman opposed to the bill? Smith (NE) Guthrie Meehan Mr. GARAMENDI. I am in its present that? There is no effective way to do it Hall Mica Smith (NJ) today until that individual and family Smith (TX) form. Hanna Miller (FL) The SPEAKER pro tempore. The is flat broke. Harper Miller (MI) Southerland Harris Miller, Gary Stearns Clerk will report the motion to recom- There is no mechanism today to deal Hartzler Mulvaney Stivers mit. with this problem unless you have be- Hastings (WA) Murphy (CT) Stutzman come totally bankrupt, no assets, and Sullivan The Clerk read as follows: Hayworth Murphy (PA) Mr. Garamendi moves to recommit the bill then you get to go on the Medicaid pro- Heck Myrick Terry Hensarling Neugebauer Thompson (PA) H.R. 1173 to the Committee on Energy and gram, a burden on our general fund and Herger Noem Thornberry Commerce with instructions to report the on every State’s general fund. Herrera Beutler Nugent Tiberi same back to the House forthwith, with the This amendment offers a solution. Tipton Himes Nunes following amendment: This amendment says that we will keep Hochul Nunnelee Turner (NY) At the end of the bill, add the following: Hoyer Olson Turner (OH) the CLASS Act in effect but seek a na- SEC. 3. ENSURING LONG-TERM CARE SERVICES Huelskamp Owens Upton FOR SENIORS WITH ALZHEIMER’S tional voluntary insurance program. Huizenga (MI) Palazzo Walberg DISEASE AND OTHER DISABLED IN- Now, I happen to know insurance, and Hultgren Paulsen Walden DIVIDUALS. Hunter Pearce Walsh (IL) I happen to know that all of the long- Hurt Pence Webster (a) IN GENERAL.—Section 2 shall not take term insurance programs out there Issa Perlmutter West effect until such date as the Secretary of have failed to work because they are Jenkins Peterson Westmoreland Health and Human Services certifies that a narrow, because they’ve been unable to Johnson (IL) Petri Whitfield national voluntary insurance program is in Johnson (OH) Pitts Wilson (SC) effect for purchasing community living as- reach across the broad spectrum of Johnson, Sam Platts Wittman sistance services and supports for individuals America to provide a broad base of Jones Poe (TX) Wolf risk. You need a very, very large pool Jordan Pompeo Womack who— Kelly Posey Woodall (1) have— to deal with this very large and very Kind Price (GA) Yoder (A) Alzheimer’s disease or other cognitive expensive problem. King (IA) Quayle Young (AK) impairment; If my amendment is adopted, we will King (NY) Reed Young (FL) (B) chronic diabetes, heart disease, or ad- be able to go forward and to repair the Kingston Rehberg Young (IN) vanced stages of cancer; CLASS Act into a voluntary insurance NOT VOTING—8 (C) a disability or traumatic injury; or program that would involve the entire (D) any other serious disease or health con- Carson (IN) Gutierrez Paul dition; and Nation and thereby provide a premium Filner Hinchey Roybal-Allard that is affordable. The present pro- Gonzalez Mack (2) require assistance with two or more ac- tivities of daily living (such as eating, bath- grams do not. b 1829 ing, dressing, and toileting). As we know from the CLASS Act So the amendment was rejected. (b) EXCEPTION.—Notwithstanding sub- itself and the work done by the Depart- The result of the vote was announced section (a), section 2(b)(3)(B) shall take ef- ment of Health and Human Services, it as above recorded. fect upon the enactment of this Act. too is flawed. But the problem remains. Stated for: The SPEAKER pro tempore. The gen- The problem has not disappeared. It is Mr. FILNER. Mr. Speaker, on rollcall 16, I tleman from California is recognized in fact in every one of our families and, was away from the Capitol due to prior com- for 5 minutes. quite possibly, with us as individuals. mitments to my constituents. Had I been Mr. GARAMENDI. Mr. Speaker, I We need a solution. Whether you’re a present, I would have voted ‘‘aye.’’ want all Members to pause for a mo- Democrat or a Republican, we have to The Acting CHAIR (Mr. DOLD). The ment and think about your family, find a solution to this problem because question is on the committee amend- think about your community, and the now it falls back. When all other re- ment in the nature of a substitute. people you represent. I want you to put sources are gone for the individual and The amendment was agreed to. in your mind Alzheimer’s and the ef- the family, it falls back onto the gen- The Acting CHAIR. Under the rule, fect that it has on the individuals and eral fund of the State and the Federal the Committee rises. families. Now are you envisioning the Government. Not a good solution at Accordingly, the Committee rose; effect of Alzheimer’s, not only on the all. and the Speaker pro tempore (Mr. individual but on the family? So I ask for your support on this. If YODER) having assumed the chair, Mr. I want you to put in your mind that you adopt this amendment, we will im- DOLD, Acting Chair of the Committee terrible auto accident that left that mediately vote on the CLASS Act of the Whole House on the state of the young child totally disabled. I want itself, and it will be repealed, but not Union, reported that that Committee, you to put in your mind the diabetic, real. It will be maintained as we work

VerDate Mar 15 2010 04:50 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\A01FE7.115 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE February 1, 2012 CONGRESSIONAL RECORD — HOUSE H353 forward towards a solution. That’s our that solutions can be accomplished and Moore Richardson Sutton task here. That’s our task as Members that we can do this in a bipartisan way Moran Richmond Thompson (CA) Murphy (CT) Rothman (NJ) Thompson (MS) of Congress. Find solutions for the real as they have been done before on this Nadler Ruppersberger Tierney problems that face every American. issue. We cannot, however, continue to Napolitano Rush Tonko Mr. Speaker, I yield back the balance deny the fact that the CLASS program Neal Ryan (OH) Towns Olver Sa´ nchez, Linda Tsongas of my time. is an abject failure and that its repeal Pallone T. Mr. GINGREY of Georgia. Mr. Speak- Van Hollen is necessary today. Pascrell Sanchez, Loretta Vela´ zquez Pastor (AZ) Sarbanes er, I claim the time in opposition to I say to my Democrat colleagues, Visclosky Payne Schakowsky the motion. Walz (MN) admit your failure. You rushed this Pelosi Schiff Wasserman The SPEAKER pro tempore. The gen- provision into the health care law. I Perlmutter Schwartz tleman is recognized for 5 minutes. understand your compassion toward Peters Scott (VA) Schultz Waters Mr. GINGREY of Georgia. Mr. Speak- the late Senator Kennedy and your Peterson Scott, David Pingree (ME) Serrano Watt er, the gentleman from California in wanting this to be a legacy for him, Polis Sewell Waxman mentioning these categories of suf- but it was his staff that maybe misled Price (NC) Sherman Welch fering seniors, people with Alzheimer’s the committee and the Democrat ma- Quigley Sires Wilson (FL) disease, chronic diabetes, heart dis- jority. Admit your failure. Get over it. Rahall Slaughter Woolsey Rangel Smith (WA) Yarmuth ease, advanced stages of cancer, dis- Vote to repeal this failed CLASS Act, Reyes Stark ability, or traumatic injury, I’d like to and live to fight another day. tell the gentleman and my colleagues I recommend that we vote down this NOES—247 on the other side of the aisle, Mr. motion to recommit and for the bill to Adams Franks (AZ) McHenry Speaker, that we on this side of the be repealed. Akin Frelinghuysen McKeon aisle always have these victims in our Alexander Gallegly McKinley I yield back the balance of my time. Amash Gardner McMorris mind, in our heart, in our prayers. But The SPEAKER pro tempore. Without Amodei Garrett Rodgers we have the compassion and the hon- objection, the previous question is or- Austria Gerlach Meehan esty not to promote and present a ruse Bachmann Gibbs Mica dered on the motion to recommit. Bachus Gibson Miller (FL) and false hope. That’s what this so- There was no objection. Barletta Gingrey (GA) Miller (MI) called CLASS Act non-program does to The SPEAKER pro tempore. The Barrow Gohmert Miller, Gary these suffering individuals that suffer question is on the motion to recommit. Bartlett Goodlatte Mulvaney from these chronic medical conditions Barton (TX) Gosar Murphy (PA) The question was taken; and the Bass (NH) Gowdy Myrick and disabilities. Speaker pro tempore announced that Benishek Granger Neugebauer H.R. 1173 is an opportunity for this the noes appeared to have it. Berg Graves (GA) Noem Congress to reverse one of the most Biggert Graves (MO) Nugent RECORDED VOTE costly coverups—yes, coverups—this Bilbray Griffin (AR) Nunes Mr. GARAMENDI. Mr. Speaker, I de- Bilirakis Griffith (VA) Nunnelee administration has imposed upon the mand a recorded vote. Bishop (UT) Grimm Olson American taxpayer. The failure of this Black Guinta Owens A recorded vote was ordered. administration to implement the Blackburn Guthrie Palazzo The SPEAKER pro tempore. Pursu- Bonner Hall Paulsen CLASS program came as no surprise to ant to clause 8 and clause 9 of rule XX, Bono Mack Hanna Pearce the many of us who had actually lis- Boren Harper Pence this 15-minute vote on the motion to tened to the concerns from the unbi- Boustany Harris Petri recommit will be followed by 5-minute ased actuaries—even the administra- Brady (TX) Hartzler Pitts votes on passage of H.R. 1173, if or- Brooks Hastings (WA) Platts tion’s own chief health actuary, Rich- dered, and motions to suspend the rules Broun (GA) Hayworth Poe (TX) ard Foster, from CMS—about the cer- Buchanan Heck Pompeo on H.R. 3835 and H.R. 3567. tain failure of the CLASS program. Bucshon Hensarling Posey The vote was taken by electronic de- Buerkle Herger Price (GA) The concerns, Mr. Speaker, were bi- vice, and there were—ayes 175, noes 247, Burgess Herrera Beutler Quayle partisan during debate on the Presi- Burton (IN) Hochul Reed not voting 10, as follows: dent’s health care law, and even the Calvert Huelskamp Rehberg [Roll No. 17] Camp Huizenga (MI) Reichert President’s own fiscal commission Campbell Hultgren Renacci called for the program’s repeal. AYES—175 Canseco Hunter Ribble So today we have the opportunity to Ackerman Crowley Hoyer Cantor Hurt Rigell finally get this failed program off of Altmire Cuellar Inslee Capito Issa Rivera Andrews Cummings Israel Carter Jenkins Roby the books. This administration has Baca Davis (CA) Jackson (IL) Cassidy Johnson (IL) Roe (TN) spent millions of dollars and, yes, eight Baldwin Davis (IL) Jackson Lee Chabot Johnson (OH) Rogers (AL) ways of Sunday, here they are, col- Bass (CA) DeFazio (TX) Chaffetz Johnson, Sam Rogers (KY) Becerra DeGette Johnson (GA) Chandler Jones Rogers (MI) leagues, eight ways, short of having Berkley DeLauro Johnson, E. B. Coble Jordan Rohrabacher yet another mandate that all people Berman Deutch Kaptur Coffman (CO) Kelly Rokita have coverage. Bishop (GA) Dicks Keating Cole King (IA) Rooney Bishop (NY) Dingell Kildee Conaway King (NY) Ros-Lehtinen b 1840 Blumenauer Doggett Kind Cravaack Kingston Roskam Boswell Doyle Kissell Crawford Kinzinger (IL) Ross (AR) They have tried to implement a pro- Brady (PA) Edwards Kucinich Crenshaw Kline Ross (FL) gram that never had a chance of being Braley (IA) Ellison Langevin Culberson Labrador Royce implemented, and today we’re faced Brown (FL) Engel Larsen (WA) Davis (KY) Lamborn Runyan with an $80 billion hole in the budget Butterfield Eshoo Larson (CT) Denham Lance Ryan (WI) Capps Farr Lee (CA) Dent Landry Scalise that this administration claims would Capuano Fattah Levin DesJarlais Latham Schilling be filled by the implementation of the Cardoza Frank (MA) Lewis (GA) Diaz-Balart LaTourette Schmidt CLASS program. Carnahan Fudge Loebsack Dold Latta Schock Carney Garamendi Lofgren, Zoe Donnelly (IN) Lewis (CA) Schrader Listen, colleagues, key Senate Demo- Castor (FL) Gonzalez Lowey Dreier Lipinski Schweikert crats, like Senator HARKIN, believe Chu Green, Al Luja´ n Duffy LoBiondo Scott (SC) that there is still one last option worth Cicilline Green, Gene Lynch Duncan (SC) Long Scott, Austin considering: another unconstitutional Clarke (MI) Grijalva Maloney Duncan (TN) Lucas Sensenbrenner Clarke (NY) Gutierrez Markey Ellmers Luetkemeyer Sessions mandate on every American. In fact, in Clay Hahn Matsui Emerson Lummis Shimkus comments to reporters yesterday, Sen- Cleaver Hanabusa McCarthy (NY) Farenthold Lungren, Daniel Shuler ator HARKIN made the claim that the Clyburn Hastings (FL) McCollum Fincher E. Shuster Cohen Heinrich McDermott Fitzpatrick Manzullo Simpson problem with the current CLASS pro- Connolly (VA) Higgins McGovern Flake Marchant Smith (NE) gram is that it is voluntary. In the Conyers Himes McIntyre Fleischmann Marino Smith (NJ) opinion of the esteemed Senator, it Cooper Hinojosa McNerney Fleming Matheson Smith (TX) needs to be mandatory. Costa Hirono Meeks Flores McCarthy (CA) Southerland Costello Holden Michaud Forbes McCaul Stearns The need for long-term care reform is Courtney Holt Miller (NC) Fortenberry McClintock Stivers an important issue, and I am confident Critz Honda Miller, George Foxx McCotter Stutzman

VerDate Mar 15 2010 04:50 Feb 02, 2012 Jkt 019060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K01FE7.124 H01FEPT1 rfrederick on DSK7TPTVN1PROD with HOUSE H354 CONGRESSIONAL RECORD — HOUSE February 1, 2012 Sullivan Upton Wittman Loebsack Pence Scott, Austin NOT VOTING—6 Terry Walberg Wolf Long Perlmutter Sensenbrenner Carson (IN) Hinchey Paul Thompson (PA) Walden Womack Lucas Peterson Sessions Filner Mack Roybal-Allard Thornberry Webster Woodall Luetkemeyer Petri Shimkus Tiberi West Yoder Lummis Pitts Shuler b 1906 Tipton Westmoreland Young (AK) Lungren, Daniel Platts Shuster Turner (NY) Whitfield Young (FL) E. Poe (TX) Simpson So the bill was passed. Turner (OH) Wilson (SC) Young (IN) Manzullo Pompeo Smith (NE) The result of the vote was announced NOT VOTING—10 Marchant Posey Smith (NJ) as above recorded. Marino Price (GA) Smith (TX) Aderholt Lankford Speier Matheson Quayle Southerland A motion to reconsider was laid on Carson (IN) Mack Walsh (IL) McCarthy (CA) Reed Stearns the table. Filner Paul McCaul Rehberg Stivers Hinchey Roybal-Allard Stated against: McClintock Reichert Stutzman Mr. FILNER. Mr. Speaker, on rollcall 18, I b 1859 McCotter Renacci Sullivan was away from the Capitol due to prior com- McHenry Ribble Terry So the motion to recommit was re- McIntyre Rigell Thompson (PA) mitments to my constituents. Had I been jected. McKeon Rivera Thornberry present, I would have voted ‘‘no.’’ McKinley Roby Tiberi The result of the vote was announced f as above recorded. McMorris Roe (TN) Tipton Rodgers Rogers (AL) Turner (NY) TO EXTEND THE PAY LIMITATION Stated for: Meehan Rogers (KY) Turner (OH) Mr. FILNER. Mr. Speaker, on rollcall 17, I Mica Rogers (MI) Upton FOR MEMBERS OF CONGRESS was away from the Capitol due to prior com- Miller (FL) Rohrabacher Walberg AND FEDERAL EMPLOYEES mitments to my constituents. Had I been Miller (MI) Rokita Walden The SPEAKER pro tempore. The un- Miller, Gary Rooney Walsh (IL) present, I would have voted ‘‘aye.’’ Mulvaney Ros-Lehtinen Webster finished business is the vote on the mo- The SPEAKER pro tempore. The Murphy (CT) Roskam West tion to suspend the rules and pass the question is on the passage of the bill. Murphy (PA) Ross (AR) Westmoreland bill (H.R. 3835) to extend the pay limi- The question was taken; and the Myrick Ross (FL) Whitfield tation for Members of Congress and Speaker pro tempore announced that Neugebauer Royce Wilson (SC) Federal employees, on which the yeas Noem Runyan Wittman the ayes appeared to have it. Nugent Ryan (WI) Wolf and nays were ordered. RECORDED VOTE Nunes Scalise Womack The Clerk read the title of the bill. Mr. PALLONE. Mr. Speaker, I de- Nunnelee Schilling Woodall The SPEAKER pro tempore. The Olson Schmidt Yoder question is on the motion offered by mand a recorded vote. Owens Schock Young (AK) A recorded vote was ordered. Palazzo Schrader Young (FL) the gentleman from Florida (Mr. ROSS) The SPEAKER pro tempore. This Paulsen Schweikert Young (IN) that the House suspend the rules and will be a 5-minute vote. Pearce Scott (SC) pass the bill. The vote was taken by electronic de- This will be a 5-minute vote. NOES—159 vice, and there were—ayes 267, noes 159, The vote was taken by electronic de- not voting 6, as follows: Ackerman Green, Gene Pastor (AZ) vice, and there were—yeas 309, nays Altmire Grijalva Payne 117, not voting 6, as follows: [Roll No. 18] Andrews Gutierrez Pelosi AYES—267 Baca Hahn Peters [Roll No. 19] Baldwin Hanabusa Pingree (ME) YEAS—309 Adams Coble Griffin (AR) Bass (CA) Hastings (FL) Polis Aderholt Coffman (CO) Adams Carter Griffith (VA) Becerra Heinrich Price (NC) Garamendi Akin Cole Grimm Aderholt Cassidy Gardner Berman Hinojosa Quigley Alexander Conaway Guinta Akin Castor (FL) Garrett Bishop (GA) Hirono Rahall Amash Cooper Guthrie Alexander Chabot Gerlach Brady (PA) Holden Rangel Amodei Cravaack Hall Altmire Chaffetz Gibbs Austria Crawford Hanna Braley (IA) Holt Reyes Amash Chandler Gibson Bachmann Crenshaw Harper Brown (FL) Honda Richardson Amodei Cicilline Gingrey (GA) Bachus Cuellar Harris Butterfield Hoyer Richmond Andrews Coble Gohmert Barletta Culberson Hartzler Capps Inslee Rothman (NJ) Austria Coffman (CO) Goodlatte Barrow Davis (KY) Hastings (WA) Capuano Israel Ruppersberger Bachmann Cole Gosar Bartlett DeFazio Hayworth Cardoza Jackson (IL) Rush Bachus Conaway Gowdy Barton (TX) Denham Heck Carnahan Jackson Lee Ryan (OH) Baldwin Cooper Granger Bass (NH) Dent Hensarling Castor (FL) (TX) Sa´ nchez, Linda Barletta Costa Graves (GA) Benishek DesJarlais Herger Chu Johnson (GA) T. Barrow Costello Graves (MO) Berg Diaz-Balart Herrera Beutler Cicilline Johnson, E. B. Sanchez, Loretta Barton (TX) Cravaack Green, Gene Berkley Dold Higgins Clarke (MI) Kaptur Sarbanes Bass (NH) Crawford Griffin (AR) Biggert Donnelly (IN) Himes Clarke (NY) Keating Schakowsky Benishek Crenshaw Griffith (VA) Bilbray Dreier Hochul Clay Kildee Schiff Berg Critz Grimm Bilirakis Duffy Huelskamp Cleaver Kissell Schwartz Berkley Cuellar Guinta Bishop (NY) Duncan (SC) Huizenga (MI) Clyburn Kucinich Scott (VA) Biggert Culberson Guthrie Bishop (UT) Duncan (TN) Hultgren Cohen Langevin Scott, David Bilbray Davis (KY) Hall Black Ellmers Hunter Connolly (VA) Larson (CT) Serrano Bilirakis DeFazio Hanabusa Blackburn Emerson Hurt Conyers Lee (CA) Sewell Bishop (GA) Denham Hanna Blumenauer Farenthold Issa Costa Levin Sherman Bishop (NY) Dent Harper Bonner Fincher Jenkins Costello Lewis (GA) Sires Bishop (UT) DesJarlais Harris Bono Mack Fitzpatrick Johnson (IL) Courtney Lofgren, Zoe Slaughter Black Diaz-Balart Hartzler Boren Flake Johnson (OH) Blackburn Dold Hastings (WA) Critz Lowey Smith (WA) Boswell Fleischmann Johnson, Sam Bonner Donnelly (IN) Hayworth Crowley Luja´ n Speier Boustany Fleming Jones Bono Mack Dreier Heck Cummings Lynch Stark Brady (TX) Flores Jordan Boren Duffy Heinrich Davis (CA) Maloney Sutton Brooks Forbes Kelly Boswell Duncan (SC) Hensarling Davis (IL) Markey Thompson (CA) Broun (GA) Fortenberry Kind Boustany Duncan (TN) Herger DeGette Matsui Buchanan Foxx King (IA) Thompson (MS) Brady (TX) Ellmers Herrera Beutler Bucshon Franks (AZ) King (NY) DeLauro McCarthy (NY) Tierney Braley (IA) Emerson Higgins Buerkle Frelinghuysen Kingston Deutch McCollum Tonko Brooks Engel Himes Burgess Gallegly Kinzinger (IL) Dicks McDermott Towns Broun (GA) Eshoo Hochul Burton (IN) Gardner Kline Dingell McGovern Tsongas Buchanan Farenthold Huelskamp Calvert Garrett Labrador Doggett McNerney Van Hollen Bucshon Fincher Huizenga (MI) Camp Gerlach Lamborn Doyle Meeks Vela´ zquez Buerkle Fitzpatrick Hultgren Campbell Gibbs Lance Edwards Michaud Visclosky Burgess Flake Hunter Canseco Gibson Landry Ellison Miller (NC) Walz (MN) Burton (IN) Fleischmann Hurt Cantor Gingrey (GA) Lankford Engel Miller, George Wasserman Calvert Fleming Inslee Capito Gohmert Larsen (WA) Eshoo Moore Schultz Camp Flores Israel Carney Goodlatte Latham Farr Moran Waters Campbell Forbes Issa Carter Gosar LaTourette Fattah Nadler Watt Canseco Fortenberry Jenkins Cassidy Gowdy Latta Frank (MA) Napolitano Waxman Cantor Foxx Johnson (IL) Chabot Granger Lewis (CA) Fudge Neal Welch Capito Franks (AZ) Johnson (OH) Chaffetz Graves (GA) Lipinski Garamendi Olver Wilson (FL) Capps Frelinghuysen Johnson, Sam Chandler Graves (MO) LoBiondo Gonzalez Pallone Woolsey Carney Gallegly Jones Green, Al Pascrell Yarmuth

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