[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[House]
[Pages 707-741]
[From the U.S. Government Publishing Office, www.gpo.gov]




       FISCAL RESPONSIBILITY AND RETIREMENT SECURITY ACT OF 2011

  Mr. GINGREY of Georgia. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks on H.R. 1173 and insert any extraneous material on the 
bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  The SPEAKER pro tempore (Mr. Boustany). Pursuant to House Resolution 
522 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the state of the Union for the consideration of the 
bill, H.R. 1173.

                              {time}  1425


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 1173) to repeal the CLASS program, with Mrs. Miller of Michigan 
in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall be confined to the bill and shall not exceed 1 
hour, with 40 minutes equally divided and controlled by the chair and 
ranking minority member of the Committee on Energy and Commerce, and 20 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means.
  The gentleman from Georgia (Mr. Gingrey) and the gentleman from New 
Jersey (Mr. Pallone) each will control 20 minutes. The gentleman from 
Louisiana (Mr. Boustany) and the gentleman from California (Mr. Stark) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. GINGREY of Georgia. Madam Chair, I yield myself such time as I 
may consume.
  Madam Chair, it has been more than 2 years since the CLASS Act was 
first debated as part of the President's health care takeover debate. 
We knew then that the program was flawed and unworkable; yet the 
Democratic-controlled Congress ignored these concerns and instead 
rushed the CLASS program through as part of the President's health care 
law.
  Now, 2 years and more than $800 billion later, we have finally heard 
from the President and his administration that while they have wasted 
taxpayer dollars, this program is in fact not implementable. Surprised? 
Well, you shouldn't be.
  The truth is that unbiased analysts such as the American Academy of 
Actuaries had raised concerns with the program as early as July of 
2009, some 5 months before the President's plan was even considered on 
the Senate floor. Members from both sides of the aisle also raised 
concerns about the program's long-term sustainability during this 
debate. Most disturbing is what we came to find in a bicameral 
investigation last year that revealed concerns from within HHS were 
rampant during PPACA debate, but they were never brought to light by 
the Democratic leadership or the Obama administration. Yet the program 
was rushed through so that we can, as then-Speaker Pelosi noted, ``find 
out what's in it.''
  On October 14, 2011, Secretary Sebelius announced what honest 
accounting told us was inevitable: the Obama administration finally 
admitted there was no viable path forward and, therefore, was halting 
any further efforts of implementing the CLASS program.
  The failure of Health and Human Services to implement the CLASS 
program certainly is not a surprise. However, it is a catastrophic 
consequence of what happens when Congress rushes to enact costly 
policies and dismisses warnings from independent experts. Most 
troubling are the budget gimmicks used to sell the CLASS program and, 
indeed, the entire law.
  The Congressional Budget Office, CBO, estimated the CLASS program 
would save money by collecting premiums from enrollees, premiums that 
will now never be collected in light of a failed implementation.
  We knew, Madam Chair, the savings estimates for the President's 
health care plan were wrong. It defied common sense that such a massive 
spending expansion would have no cost. Now the President will have to 
explain to the American people why the health care law--ObamaCare, 
PPACA, Patient Protection, Affordable Care Act, Unaffordable Care Act--
he'll now have to explain to the American people why this health care 
law will cost them $80-plus billion more than what they were told.

                              {time}  1430

  That is more than $80 billion on top of the trillions the President 
has added to the books since he took office in January of 2009.
  Today, we will have the opportunity to start over on long-term care 
reform, an issue that's important to all of us as we hear from 
constituents regularly about the growing cost of long-term care 
services. The market has not even been penetrated 10 percent, Madam 
Chair. We will now begin that process. But first, we must take this 
section out of the health care bill known as CLASS. We must take it off 
the books.
  I urge my colleagues to support just what this bill does, remove 
CLASS from the statute, H.R. 1173, repeal the failed CLASS program so 
that we can now move forward with reforms that do work.
  With that, Madam Chairman, I reserve the balance of my time.
  Mr. PALLONE. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, there are millions of Americans currently in need of a 
long-term care program and many more that will require these services 
in the future. Despite the great achievements of our country, the U.S. 
lacks an affordable and ethical system of financing long-term care 
services. The CLASS program is a significant step towards finding a 
realistic solution to this problem. However, many of my Republican 
colleagues have taken a stance against CLASS without proposing any real 
solutions for long-term care access in America, and I strongly oppose 
H.R. 1173 and consider it to be a

[[Page 708]]

blatant disregard of a growing crisis in this country.
  Madam Chair, Republicans continue to propose repeal of various 
aspects of the Affordable Care Act. We heard my colleague from Georgia 
today. And how many other times how many on the other side have said, 
well, let's just repeal the Affordable Care Act, let's repeal pieces of 
the Affordable Care Act? But they never come up with any meaningful 
alternatives. And the same is true today. They're talking about 
outright repeal of CLASS without any meaningful suggestion of an 
alternative.
  My message to my colleagues on the other side of the aisle is that we 
should mend the CLASS Act and not end it. This country is already 
facing a long-term care crisis, but the problem is only going to get 
worse. As our population continues to age, an estimated 15 million 
people are expected to need some sort of long-term care support by 
2020. If we don't solve the need for affordable long-term care in this 
country soon, we will also jeopardize our entitlement programs. 
Currently, Medicaid pays 50 percent of the cost of long-term services, 
and that price tag is quickly rising every year. The CLASS program was 
designed to allow people to stay at home and prevent the cost of 
nursing home care that burdened Medicaid.
  Now, I want to correct one thing. I know in the Rules Committee some 
of my colleagues talk about the administration's position on this bill. 
The administration made it quite clear in a hearing that we had on this 
bill that they're opposed to repeal of the CLASS Act. They acknowledge 
that there are workable solutions under the CLASS program, but didn't 
feel that they have the legal authority--I stress legal authority--to 
implement them. So the Department of Health and Human Services has more 
work to do, and I have suggested on numerous occasions that the CLASS 
Advisory Council, which is organized under the legislation, be convened 
in order to offer their expertise.
  The CLASS program is a framework that will facilitate a solution to 
our long-term care crisis. However, all I continue to hear from my 
colleagues on the other side of the aisle is that Congress can't do 
anything. It's this negative attitude, the idea that Congress can't 
address any problem. And I just sincerely hope that my colleagues, when 
they come to the table, come up with a workable solution. Don't just 
tell me we have to repeal things, we can't do anything, and the 
government can't do anything. Cowardly running away from the problem 
through repeal is simply not the answer.
  Overall, the CLASS Act promotes personal responsibility and 
independence. Those are the values that you talk about a lot. It allows 
the government to put choice in the hands of consumers while saving 
Medicaid dollars. American families have too few long-term care 
options, and they need our help. Rather than repeal CLASS, we need to 
continue the dialog in the development of a viable plan forward.
  Again, let's mend it, not end it. Moving forward with H.R. 1173 shuts 
the door on a problem that simply cannot be ignored.
  I reserve the balance of my time.
  Mr. PITTS. Madam Chair, I yield 1 minute to the gentleman from New 
Jersey (Mr. Lance), a very valued member of the Subcommittee on Health.
  Mr. LANCE. Madam Chair, I rise today in support of repealing the 
CLASS Act.
  In hearings before the Energy and Commerce Committee, my colleagues 
and I learned that the CLASS program was a ticking time bomb fiscally, 
a new entitlement program that Health and Human Services Secretary 
Kathleen Sebelius has said is ``totally unsustainable'' financially. 
Richard Foster, chief actuary of the Centers for Medicare and Medicaid 
Services, wrote in 2009: ``Thirty-six years of actuarial experience 
lead me to believe that this program would collapse in short order and 
require significant Federal subsidies to continue.'' And Senate Budget 
Committee Chairman Kent Conrad has called the CLASS program ``a Ponzi 
scheme of the first order.'' To her credit, Secretary Sebelius in 
October called for an end of the CLASS program, adding that there was 
not ``a viable path forward for CLASS implementation at this time.''
  Madam Chair, we have a serious long-term care problem that is driving 
patients into bankruptcy and weighing down an overburdened Medicaid 
program. But before we can develop bipartisan solutions to address this 
important issue, we must first repeal the misguided CLASS program. Only 
then can we begin anew and properly address the long-term health care 
problem.
  Mr. PALLONE. Madam Chair, I yield such time as he may consume to the 
ranking member of the full committee, Mr. Waxman.
  Mr. WAXMAN. Thank you for yielding that time to me, Mr. Pallone.
  Madam Chair, I rise today in strong opposition to H.R. 1173. This 
bill is another Republican attempt to tear down and dismantle programs 
that provide health care in the United States. Now we have Medicare, 
and the Republican alternative to Medicare is to just shift more costs 
on to seniors, give them a voucher and let them pay more if they want 
more than that voucher will provide, and that voucher is not going to 
provide much over time.
  On Medicaid, they just want to shift the costs on to the States so 
the States can tell a lot of very poor people, I'm sorry, we don't have 
enough money to take care of you, but we're not required to under 
Federal law. They said that they didn't want the Affordable Care Act; 
they wanted to repeal it. But they haven't told us what they want to 
put in its place. They said that this was going to be repeal and 
replace. They have proposed a repeal, but we have no proposal to 
replace it.
  Republicans now want to take a part of the Affordable Care Act, the 
CLASS program, that is the one and only significant new initiative to 
put in place to deal with our country's long-term care crisis. Those 
who are supporting this bill say that the CLASS Act is not the right 
solution to our long-term care problem. Well, I don't think it's 
perfect, either. But the solution is to amend the program, to make it 
work, not just repeal it and leave nothing in its place.
  If we leave nothing in its place, we have the status quo. And what 
does the status quo mean? The status quo means that for some who are on 
Medicare, they will have a minimal amount of coverage for their long-
term care services. And to get any other help, people will have to go 
through the indignity of impoverishing themselves. A system that is in 
place for the very poor would be called upon then, the Medicaid system, 
to cover their long-term care needs, especially if they had to go to a 
nursing home. Well, many elderly and disabled individuals will be 
forced to leave their families and community of friends for 
institutionalization because that's all that some States will cover.
  Families will have to do what they call ``spend down.'' They have to 
spend their money until they're in poverty. So they lose their dignity 
along the way in order to qualify for Medicaid assistance. The CLASS 
Act was trying to take some of the burden off Medicaid, some of the 
indignity away from seniors. Medicaid expenditures for the most part 
are paying for long-term care, and that will escalate even further. In 
2010 alone, Medicaid spending for these services cost some $120 
billion.

                              {time}  1440

  And we have a baby boomer population that is continuing to age. The 
number of Americans in need of long-term care assistance will grow, 
compounding each of these problems.
  So what is the Republican answer to this problem? Nothing. Just 
repeal the program that attempts to give some effort to deal with these 
costs for people who need long-term care.
  Let's not lose this incremental piece. Let's figure out how to add on 
to it, how to change it, but don't repeal it.
  I urge my colleagues to reject H.R. 1173.
  Mr. PITTS. Madam Chair, I just want to remind everyone that under the 
CLASS Act there's not one person in

[[Page 709]]

the United States who would receive long-term care benefits under that 
act because it doesn't work.
  At this time I yield 2 minutes to the gentleman from West Virginia 
(Mr. McKinley).
  Mr. McKINLEY. Madam Chair, I rise today in favor of H.R. 1173. This 
bill would save hardworking taxpayer dollars and eliminate a costly and 
flawed ObamaCare provision known as the CLASS Act.
  This program was sold as a self-sustaining program, one that would 
reduce Federal spending. However, the program was problematic from the 
start. The President and the Democrat leadership in the Congress knew 
this fact over 2\1/2\ years ago and still included the CLASS program in 
the health care bill.
  During an investigation, it was revealed that Obama administration 
officials and Senate Democrats were very much aware that this was not 
going to work and that Department officials warned for a year before 
passage that the CLASS program would be a fiscal disaster. As far back 
as May of 2009, the CMS Chief Actuary sent an email that warned 
officials that the program doesn't look workable. These 200 pages of 
exhibits from the investigation show that Department officials were 
voicing concern to Senate leadership all the way up until passage in 
December of 2009. This was all concealed from Congress and the American 
public.
  After enactment, the concerns continued. On February of 2011, 
Secretary Sebelius testified before the Senate Finance Committee that 
the CLASS program is totally unsustainable in its present form. And 
finally, this past October, the Department announced that the program 
was still not financially feasible. What we are seeing now is that, as 
well intended as it is, the CLASS program is unworkable.
  The objective of providing long-term health care is laudable and 
should be a priority of Congress. Therefore, we must identify a long-
term, commonsense solution for our health care. That is why last week I 
asked GAO to conduct a study of the Medicaid Long-Term Care Partnership 
Program and survey States on how to improve the partnership program so 
that more Americans can properly plan for their long-term care needs.
  This public-private partnership between States and long-term care 
insurance plans was designed to reduce Medicaid expenditures by 
lessening the need for some people to rely on Medicaid to pay for long-
term health care services.
  The partnership program is not the only solution to our long-term 
health care, but it is a helpful tool to help Americans plan for their 
health care long-term needs, unlike the unsustainable and costly CLASS 
Act embedded in ObamaCare.
  The repeal of the CLASS Act marks a small victory. Let's not try to 
force this costly program on the backs of hardworking American 
taxpayers without fully investigating how we can improve existing 
programs or how we can create an affordable, sustainable, long-term 
care program.
  I urge my colleagues to vote ``yes'' on H.R. 1173.
  Mr. PALLONE. Madam Chair, I yield 2 minutes to the champion for 
senior citizens, the gentlewoman from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. I thank the gentleman.
  You know, there's a lot of areas of agreement. We all agree that 
we're in the midst of a long-term care crisis. We agree that today 
there are 10 million Americans in need of long-term care services and 
support. By 2020, that number will grow to 15 million, and by 2050, the 
number of seniors who need long-term care will reach 26 million.
  The costs associated with long-term care are high. We agree on that. 
Nursing homes can cost over $70,000 a year, and 20 hours a week of home 
care can cost nearly $20,000. But repealing the CLASS Act does nothing 
to address the glaring need for adequate coverage of long-term care 
services and support. The CLASS Act addressed a number of critical 
needs, including providing a way for persons with disabilities to 
remain independent in their community and bringing private dollars into 
the long-term services system to reduce reliance on Medicaid without 
impoverishing individuals and families. We agree that the CLASS Act is 
far from perfect, but it does provide a framework to begin to deal with 
the problem.
  So it seems to me if we all agree on the need, not only the need for 
long-term care but the need to do better, then instead of repealing the 
CLASS Act and passing H.R. 1173 with no effective alternative, we 
could, right now today, sit down and work together to repair this 
program. Ignoring it or even postponing this long-term care crisis 
simply is not going to make it go away.
  Mr. PITTS. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, I'd like to speak to H.R. 1173, the Fiscal 
Responsibility and Retirement Security Act of 2011, which repeals the 
CLASS program which was rushed into law in the President's health 
reform bill.
  Last February, HHS Secretary Kathleen Sebelius publicly admitted that 
the more than $80 billion CLASS Act was ``totally unsustainable.'' But 
it was not until 8 months later, on October 14, that the Department of 
Health and Human Services announced it was not moving forward with the 
implementation of the CLASS program ``at this time.''
  On October 26, 2011, Assistant Secretary Kathy Greenlee testified 
before our subcommittee that the Department had spent $5 million in 
2010 and 2011 trying to implement the program. The Secretary's 
conclusion that the CLASS program could not meet the law's 75-year 
solvency requirement and was not sustainable was not a surprise to 
anyone who had been following the issue. Even before its inclusion in 
the President's health care law, PPACA, in March of 2010, we were 
warned by the administration's own actuary, the American Academy of 
Actuaries; Members of Congress from both parties; and outside experts 
that the program would not be fiscally sustainable. On July 9, 2009, 
approximately 8 months before PPACA was signed into law, CMS's own 
actuary, Richard Foster, wrote ``36 years of actuarial experience lead 
me to believe that this program would collapse in short order and 
require significant Federal subsidies to continue.''
  I support the intent behind the CLASS program to help Americans 
purchase long-term care policies that most of us will end up needing at 
some point, but only about 9 million Americans actually purchase. Long-
term care costs are frighteningly high, and many Americans face 
bankruptcy or ending up on Medicaid, or both, in order to get the care 
they need.
  But while the goals of the program were worthy, good intentions do 
not make up for fundamentally flawed, actuarially unsound policies 
designed to show the illusion of savings. The President has left us 
with a budget hole of more than $80 billion. The irresponsible nature 
of the CLASS program's inclusion in the health care law is just a 
sample of the budget gimmicks used to pass the health care law in the 
dark of the night nearly 2 years ago. The President will have to 
explain why, years later, the taxpayers are left with a failed program 
that will cost this Nation at least $80 billion. That is more than 150 
Solyndra scandals.

                              {time}  1450

  Shelving this failed program is not enough. As long as it is on the 
books, it will continue to create substantial uncertainty in the 
private sector about what the government's role in long-term care 
insurance will be. Let's repeal the CLASS program, not try to tinker 
around the edges of a fundamentally flawed model, and take up real 
solutions to this problem instead.
  I urge my colleagues to support H.R. 1173, to repeal the failed CLASS 
program so that we can move forward with reforms that work.
  And with that, I reserve the balance of my time.
  Mr. PALLONE. I yield, Madam Chair, 2 minutes to the gentlewoman from 
California (Mrs. Capps).
  Mrs. CAPPS. I thank my colleague from New Jersey for yielding.
  Madam Chair, I rise today in opposition to this bill. We all know 
that we

[[Page 710]]

have a long-term care crisis in this country. What we have now is an 
unsustainable patchwork approach, with wealthy people having access to 
private plans, while almost everyone else finds the costs incredibly 
prohibitive.
  These are the folks who fall through the cracks every day, spending 
down all their assets until there's nothing left, and then relying on 
our strained Medicaid program for care. This is what the CLASS program 
tries to avoid. It should provide a modest, but meaningful, benefit to 
individuals who need support to stay out of costly nursing homes, 
benefits they've already paid into.
  We can all agree that the CLASS program, as currently written in the 
statute, is not perfect, but few things are. We can use it as a 
framework upon which to fix and implement this program, one that would 
be amended, improved and made sustainable, rather than destroyed.
  Repealing the CLASS Act does not remove the Nation's need for long-
term care. Rather, it makes the path to sustainable solutions much more 
difficult. Moreover, in the majority's rush to repeal, they have 
overlooked a vital component that will also be affected by this bill, 
the National Clearinghouse for Long Term Care.
  The clearinghouse, which was established with close-to-unanimous 
Republican support, is the only dedicated place for individuals to 
learn about their long-term care options. However, a vote for this bill 
is a vote to strip funding from this vital public resource. In fact, 
the original bill abolished the program altogether until I fought to 
save it in our committee.
  And while the authorization has been saved, we all know that a 
program without any funding is not much of a program. So the result is 
yet one more obstacle for American families trying to care for their 
loved ones. These are the people who will lose out, and definitely lose 
out by this repeal.
  So I strongly urge my colleagues to vote against this bill.
  Mr. PITTS. Madam Chair, I yield 1 minute to the gentleman from 
Illinois (Mr. Lipinski).
  Mr. LIPINSKI. I rise today in support of fiscal responsibility and in 
support of H.R. 1173. The CLASS program was created with a good 
intention, relieving the crushing burden of long-term care. But we have 
known from the beginning that this program would not be able to sustain 
itself without a massive bailout from taxpayers. The CBO said so. 
Medicare's Chief Actuary said so; and, more recently, Secretary 
Sebelius concluded the CLASS Act was totally unsustainable and decided 
not to implement it; and for this, I give her credit.
  But the program is still in law. And given the trillion-dollar 
deficits that we face, the only option right now is to make sure that 
the taxpayers are not left with an unsustainable program in a big bill.
  This debate should not be about the health care law in general. It 
should be about this program. It should be about doing what is fiscally 
responsible, and that is eliminating the CLASS program and getting to 
work right now in a bipartisan manner on a solution to long-term care.
  Mr. PALLONE. Madam Chair, can I inquire how much time remains on each 
side.
  The Acting CHAIR (Mrs. Emerson). The gentleman from New Jersey has 9 
minutes remaining. The gentleman from Pennsylvania has 7\1/2\ minutes 
remaining.
  Mr. PALLONE. Madam Chair, at this time I yield 1\1/2\ minutes to the 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. I thank the gentleman from New Jersey for 
yielding.
  H.R. 1173 would eliminate the potential for many of our citizens to 
be able to afford long-term care that provides services and other 
supports. This effort to remove support services is not the solution, 
but instead a faulty and irresponsible policy initiative which would 
burden people in our health systems. Regardless of when individuals may 
need these services, there is a lack of financing options to help them 
pay for the services they need to maintain their health, independence, 
and dignity when they lose the capacity to perform basic daily 
activities without assistance.
  Medicare does provide limited pay for long-term care services. 
Medicaid does cover, but pays only for services for people with very 
limited means. Many private long-term care insurance plans are costly 
and difficult to acquire. I say that the real answer is to retain 
services that we are currently poised to provide.
  I oppose H.R. 1173.
  Mr. PITTS. Madam Chair, I yield 1 minute to the gentleman from 
Kentucky (Mr. Guthrie).
  Mr. GUTHRIE. I thank the gentleman for yielding.
  I rise today in support of H.R. 1173, to repeal the CLASS Act 
established in the Patient Protection Affordable Care Act.
  The CLASS Act was unsustainable and unworkable from the time it was 
enacted. Even at the time the health care bill was passed, it was 
evident that the health care program was completely unworkable. The 
CLASS Act is such an egregious budget gimmick that even Health and 
Human Services Secretary Kathleen Sebelius has admitted the program is 
unsustainable.
  Repeal of the CLASS Act isn't as scary as those on the other side 
would have you think it would be. In fact, the Obama administration has 
already acknowledged the program is unworkable in its current form and 
has halted efforts to establish the program. However, the CLASS Act 
remains on the books.
  I strongly support ensuring Americans have access to long-term care. 
In order to move forward with a new plan, we need to get the CLASS Act 
off the books.
  I urge my colleagues to support this bill.
  Mr. PALLONE. Madam Chair, I yield 1\1/2\ minutes to the gentlewoman 
from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. I rise in strong opposition to the repeal of the CLASS 
Act.
  We are at another start of another session of the Congress, and this 
majority is following the same playbook as last year. The American 
people are waiting for this institution to do something--anything--to 
create jobs and restore our economic prosperity instead of putting 
forward ideological bills that have nothing to do with jobs and that 
are intended to roll back health care and senior care in America. Right 
now, less than 10 percent of Americans over 50 have long-term health 
care insurance, even though a large percentage of individuals will need 
long-term care services at some point.
  Some studies indicate that up to two-thirds of Americans that live 
beyond 65 will need long-term care. The CLASS Act, a bipartisan 
addition to the 2010 health reform, seeks to help provide access to 
quality, affordable insurance for long-term care. The program must be 
actuarially sound and legally solid.
  Why would we repeal this bill? It is time for the majority to stop 
playing games and to get serious about fixing the economy. America 
needs more jobs, not less health care.
  I urge my colleagues to stand up for seniors and oppose this repeal.
  Mr. PITTS. I reserve the balance of my time.
  Mr. PALLONE. Madam Chair, I yield 2 minutes to the gentleman from 
Texas (Mr. Doggett).
  Mr. DOGGETT. Is it just too much to ask that seniors that are 
struggling in a nursing home after a lifetime of work get a little 
economic security, that they get a little dignity? Is it too much to 
bring just a little peace of mind to a family that is burdened with a 
parent that is suffering from Alzheimer's or some other debilitating 
condition? Sadly, this does appear to be too much to ask from some 
here.
  One year ago, the House Republican majority's first major action, 
once they gained control of Congress, was to repeal health insurance 
reform. At the time they did that, they said they were for ``repeal and 
replace.'' But the only replacement they offered for their repeal was a 
little flimsy 1\1/2\-page bill that I call ``the 12 platitudes.''

                              {time}  1500

  They proved to be only platitudes because during the intervening 
months,

[[Page 711]]

they've done nothing about long-term health care or any other kind of 
health care for the American people.
  Today, they continue to deny Americans actual solutions to health 
care problems, and once again, they have a flimsy 1\1/2\ page bill. 
They don't have ``repeal and replace,'' they have ``repeal and deny.'' 
They're in a state of denial that there is a problem with long-term 
care, and they continue to deny meaningful relief to families that are 
struggling with health care bills, and particularly, long-term health 
care bills.
  There is a 75 percent chance that some American who reaches age 65 
will find themselves in need of long-term care. Paying for that care 
can bankrupt a family and the children of a parent who needs that kind 
of care. An average cost for nursing home services, for example, of 
$70,000 can surely and quickly sink a lifetime of savings.
  The CLASS Act is far from perfect. It needs to be changed. But 
instead of repealing it, we ought to be focusing on necessary changes. 
Where is the commitment to doing something about long-term care? There 
haven't even been hearings on how to resolve this problem.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. PALLONE. I yield the gentleman another 30 seconds.
  Mr. DOGGETT. There was a legendary Texas House Speaker of this body, 
Sam Rayburn, who said that it takes a master carpenter to build a barn 
but any mule, I think he said, can tear one down.
  Well, it's time that we get together to build a solution for long-
term health care, not just tear it down.
  Mr. PITTS. It is unconscionable to promise something to people when 
you know it won't be there.
  Your own administration admits the CLASS Act doesn't work. Zero 
people will be enrolled in the CLASS Act. They have a program that does 
not work, a program they know that does not work. That is building a 
false sense of security in people instead of working on the real 
policy.
  I yield 2 minutes at this time to the gentleman from Texas (Mr. 
Hensarling), our conference chair.
  Mr. HENSARLING. Madam Chair, it is clear that the President's 
policies have failed. One in seven now have to rely on food stamps. 
Half of America now is either classified as low income or in poverty, 
and millions remain unemployed.
  Yesterday, the Congressional Budget Office announced one more of the 
President's failures, and that is, he is on track to deliver his fourth 
trillion dollar-plus deficit in a row.
  Somebody needs to tell the President we've got to quit spending money 
we don't have for jobs we never get.
  One more failure, Madam Chair, is the President's health care 
program. Not a week goes by that I don't hear from hardworking, small 
business people in the Fifth District of Texas.
  I heard from a furniture businessman in Garland, Texas, who told me: 
I could start two companies and hire multiple people, but based on this 
administration and the lack of facts with ObamaCare, I'll continue to 
sit and wait.
  I heard from a gentleman who ran a music business in Palestine, 
Texas: Our business is hampered by the uncertainty of tax policy, 
regulations, and ObamaCare.
  I had one in Dallas, Texas, after having to lay off 24 people in the 
last 2 years, who wrote to me and said: You know what? We're going to 
have to terminate one more in February due almost entirely to the 
impact on my business of the health care reform we have. We are 
stymied.
  There is no doubt that the President's health care plan is killing 
jobs. House Republicans have repealed it in its totality. It has been 
blocked by the President, by Democrats. So if we can't do it in its 
totality, we'll do it piecemeal.
  We need to start out by repealing the CLASS Act, which Secretary 
Sebelius has said is totally unsustainable. Democrat Senate Budget 
Committee Chairman Kent Conrad called it a Ponzi scheme of the first 
order.
  The President's policies have failed. It's time to enact the House 
Republican Plan for America's Job Creators. It's time to repeal the 
CLASS Act.
  Mr. PALLONE. Madam Chair, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Pascrell).
  Mr. PASCRELL. Madam Chair, I'm tired of hearing the President is a 
failure. I'm tired. You can smirk all you want. There's no perfection 
on this floor. There's no perfection down the street. You didn't give 
these speeches in 2008 when we were losing 500, 600, 700,000 jobs a 
month. Not one of you came to the floor. Shame on you.
  Now what we want to do, we want to turn our backs on those 10 million 
Americans currently who need long-term care. We have no alternative.
  We all agree that there needs to be change in the present system that 
has yet to work. We have to find a way to make long-term care both 
accessible and affordable. These problems will not simply disappear. 
They're not going to go away.
  This bill certainly does not fix these problems. The bill does not 
even provide an alternative. All it does is attack the progress made in 
the Affordable Care Act. You've tried to wean it down. You've tried to 
bevel it. You've tried to covet. You tried to take all the money away 
that's going into it in order to have a system in this country that was 
not sustainable in the first place.
  Sixty-two percent of small businesses over the last 5 years went 
under because they couldn't pay their health care bills, and you stand 
there with no alternative whatsoever. Whatever happened to the 
``replace'' part of the ``repeal and replace?'' Remember that? That 
nonsense we heard last year?
  Without the CLASS Act or an alternative, people who struggle the most 
with daily tasks due to illness will be the ones to suffer. You know 
that. You know there are millions of people out there suffering, yet we 
have not come up with an alternative plan. Yet you condemn this, yet 
you accuse everybody of failing, but you don't have a plan yourself.
  Where is your heart for the middle class? Have you no heart?


                    Announcement by the Acting Chair

  The Acting CHAIR. Members should remember that all remarks must be 
addressed to the Chair and not to one another in the second person.
  Mr. PITTS. I continue to reserve the balance of my time.
  The Acting CHAIR. The gentleman from New Jersey has 2 minutes 
remaining. The gentleman from Pennsylvania has 4 minutes remaining.
  Mr. PALLONE. I suggest that you go next because I only have myself, 
and then we're going to move to Ways and Means.
  Mr. PITTS. Madam Chair, I believe we have the right to close, and we 
have just one speaker.
  I reserve the balance of my time.
  Mr. PALLONE. I yield myself the balance of the time.
  Madam Chair, I just want to stress again, you know, I hear from the 
other side of the aisle over the years how people should take personal 
responsibility. The idea of the CLASS Act is that people pay into the 
trust fund, and then when they become disabled, they take the money out 
to pay for services so that they can stay in their home and don't have 
to go to a nursing home.
  Now, when they do that, they save the government money because this 
is their own money that is being spent to keep them in their home, to 
keep them in the community so they don't have to spend down and then 
eventually become a ward of the State, essentially, because Medicaid 
ends up paying for their nursing home care.
  So this is a solution to a long-term care problem. Not a complete 
solution, but certainly a partial solution.
  I agree with Mr. Pascrell, which is that when I listen to the other 
side of the aisle, the gentleman from Texas was quite clear: Let's 
repeal the entire Affordable Care Act. If we can't repeal the whole 
thing, then we'll repeal it piecemeal piece by piece, which is what's 
going on here today. Well, again, it's not a very responsible position 
unless you come up with an alternative.
  We're in the Energy and Commerce Committee. We've had hearings on 
this. I've yet to hear anyone come up

[[Page 712]]

on the Republican side with an alternative. All they keep saying is 
let's just repeal this and we'll figure something out down the line.
  The problem with that is that Mr. Pascrell said there are 10 million 
Americans who need long-term care. Soon it will be 15 or eventually 20 
million. So every day that goes by there is not a solution for these 
people, and the disabled community and the senior citizen community are 
crying out for some kind of relief.
  So all I say to my colleagues on the other side of the aisle is, 
don't just keep talking about repeal. I'll use the term ``mend it, 
don't end it.'' Let's not end today the effort to try to find long-term 
care solutions for America's seniors and for the disabled.

                              {time}  1510

  It simply isn't fair to come here on the floor repeatedly and say 
``repeal, repeal, repeal'' and not have an answer. At any time, I am 
more than willing to sit down with the chairman of the subcommittee or 
with any other Member and come up with a bipartisan solution, but I 
haven't heard it yet.
  The Acting CHAIR. The gentleman's time has expired.
  Mr. PITTS. Madam Chair, to close on our side, I yield such time as he 
may consume to a distinguished member of the Health Subcommittee, the 
gentleman from Georgia, Dr. Gingrey.
  The Acting CHAIR. The gentleman from Georgia is recognized for 4 
minutes.
  Mr. GINGREY of Georgia. Madam Chairman, as the co-lead sponsor of 
this bill, I rise in strong support of H.R. 1173. I commend Dr. 
Boustany and Chairman Pitts for their leadership on this issue, and I 
thank Mr. Lipinski on the Democratic side.
  In response to a question I put to him in March of last year, CBO 
Director Douglas Elmendorf wrote: ``The Secretary of Health and Human 
Services has now concluded that the CLASS program cannot be operated 
without mandatory participation so as to ensure its solvency.'' HHS 
Secretary Kathleen Sebelius called the program insolvent, and 
Democratic Senator Kent Conrad, chairman of the Senate Budget 
Committee, called the program in 2009 a Ponzi scheme. In fact, he went 
on to say that it would make Bernie Madoff proud.
  Madam Chair, during its consideration in 2009, CMS Actuary Richard 
Foster told the Obama administration staff: ``Thirty-six years of 
actuarial experience lead me to believe that this program would 
collapse in short order and require significant Federal subsidies to 
continue.'' He was ignored. In fact, he was eventually cut out of the 
email loop. The Health Committee on the Senate side and the staff of 
Senator Kennedy didn't want to hear any more from him.
  Subsequently, in December of 2010, the President's fiscal commission 
recommended Congress reform or repeal--not amend--the CLASS Act. The 
commission report stated: ``Absent reform, the CLASS program is . . . 
likely to require large general revenue transfers or else collapse 
under its own weight. The commission advises the CLASS Act be reformed 
in a way that makes it credibly sustainable over the long term. To the 
extent this is not possible, we advise it be repealed.''
  In February of 2011, Secretary Sebelius testified before a Senate 
Finance Committee hearing that the CLASS program was ``totally 
insolvent'' as structured and needed to be reformed in order to work. 
Then, in October of 2011, the Secretary released a report on the CLASS 
Act that essentially found the Obama administration could not make the 
program actuarially sound or credibly sustainable, to quote the 
President's fiscal commission, over a 75-year period.
  Thank God for Senator Judd Gregg for putting that amendment in on the 
Senate side that called for fiscal sustainability and the certification 
by the Secretary over a 75-year period of time or it could not go 
forward, and that's exactly what happened.
  Based on the evidence the CLASS program is not simply flawed--it is 
broken. As currently written, it poses a clear danger to the fiscal 
health of our budget and to the American taxpayer. In defending this 
broken program, some of my colleagues have told me that there is no 
need to repeal CLASS because the Secretary has already abandoned it. 
Yet every day that we delay in repealing CLASS, we prevent Congress 
from passing meaningful, true long-term care reform. All sides admit 
that CLASS does not work, so the prudent step is to repeal it.
  In closing, I urge all of my colleagues to support this legislation 
so that we can get to the meaningful reform of long-term care and have 
the marketplace work its magic in regard to this so that the 
penetration is greater than the current penetration, which is less than 
10 percent.
  With that, Madam Chairman, I would urge all of my colleagues to 
support the repeal of a broken, failed program, the CLASS Act.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. BOUSTANY. Madam Chair, I yield myself such time as I may consume.
  As a physician, I know firsthand of this really dire need to solve 
the problem for many families across this country who are struggling 
with their long-term care needs. I am the oldest of 10 children, and my 
father was a physician. He died 3 years ago from a lengthy illness, and 
required a lot of care at home. He did not have long-term care, but we 
gladly bore that burden and were able to provide for him even though it 
was somewhat of a strain.
  This is a serious problem facing every single family in this country. 
Yet what we've seen now is a program that was created in ObamaCare, a 
program that is clearly unsustainable by the administration's own 
admission. After almost a year now of wrangling about this, they've 
finally come to the conclusion that we knew before the bill even 
passed: that this was unsustainable, that it was unworkable, that it 
was fatally flawed.
  As a physician, I know the worst thing you can do for someone is to 
create false hope, and that's what this has done. As long as this stays 
on the books, on the statute books, we're not going to get anything 
done on this. We're not going to solve it. Now, there are many good 
ideas on both sides of the aisle, and we've discussed some of them in 
the Ways and Means Committee. There are bills on both sides of the 
aisle on which I believe we could work together in a true bipartisan 
fashion to solve this problem--but the CLASS program is clearly not the 
answer.
  Washington should learn three lessons from this debacle, ObamaCare's 
failed government-run program:
  First, don't ignore reality. Democrats ignored the expert actuarial 
warnings when they used CLASS as a budget gimmick in ObamaCare. 
President Obama cannot create a self-funded sustainable program that 
prohibits underwriting unless he intends to force healthy Americans to 
participate. What does that mean? Madam Chair, that means an individual 
mandate, another individual mandate.
  Many constitutional scholars think that this is unconstitutional. We 
don't need another individual mandate. In fact, Senator Harkin said 
that the problem with CLASS is that it's voluntary. I think he 
basically put the cards on the table and showed that what they want to 
do to fix CLASS is to give us another individual mandate. Most 
enrollees in CLASS will be high-risk, causing premiums to skyrocket 
under the current program, making CLASS even less appealing to average 
American families. The premiums will be unsustainable, and it will 
require subsidies from the taxpayer.
  So, the first lesson: Don't ignore reality.
  The second lesson: Don't break the law.
  The administration planned to break the law by excluding Americans 
made eligible by the statute. When the Congressional Research Service 
attorneys warned of lawsuits, I sent letters to Secretary Sebelius for 
her legal authority to make this change. She then subsequently 
suspended the program, but this doesn't correct the bad law. Unless we 
repeal CLASS, the Department of Health and Human Services

[[Page 713]]

will break the law when it misses the deadline in October and again in 
2014. That's not a very good example to set for the American people to 
have the administration breaking the law.
  So, first, don't ignore reality.
  Second, don't break the law.
  Third, don't compound our Nation's long-term fiscal problems.
  A Democrat under the Clinton administration, former Congressional 
Budget Office Director Alice Rivlin, wrote: Since the CLASS program is 
a new unfunded entitlement, it should be repealed because it will 
increase the deficit over the long term. In fact, the President's own 
deficit commission agrees that our grandchildren simply cannot afford a 
new budget-busting entitlement.
  We can do better than this, Madam Chair, and we can work together to 
solve this problem. I urge my colleagues on both sides of the aisle to 
support this CLASS repeal, to support H.R. 1173. Beyond this, we will 
have the impetus to actually do some real work to create a real program 
that works for the American people. We can make it easier for disabled 
Americans to save for future needs; we can expand access to affordable, 
private long-term care coverage; and we can better educate Americans on 
the need for retirement planning.

                                Congress of the United States,

                                 Washington, DC, January 31, 2012.
     Hon. Kathleen Sebelius,
     U.S. Department of Health & Human Services, Independence 
         Ave., SW., Washington, DC.
       Dear Secretary Sebelius: We write this as a follow up to 
     our unanswered November 2011 letter to President Obama 
     regarding the failed CLASS program. In the letter, we asked 
     whether the Administration has a legal obligation to 
     implement the program.
       Last year, you announced you could not find ``a viable path 
     forward for CLASS implementation at this time.'' Legal 
     experts at the Congressional Research Service (CRS) say you 
     do ``not appear to have discretion to decide whether or not 
     to designate a plan by October 1, 2012.'' If the deadline 
     expires, they say you will be ``committing a facial 
     violation'' of the 2010 health law. Finally, ``the CLASS Act 
     does not preclude judicial review'' and ``a failure by the 
     Secretary to designate a CLASS benefit plan by October 1, 
     2012 . . . would appear to be a final agency action from 
     which `legal consequences will flow.'''
       In light of the findings by the CRS, does the Obama 
     Administration intend to openly violate the law as the 2012 
     and 2014 deadlines for CLASS expire? If not, when do you 
     intend to resume implementation of CLASS? What justifications 
     can the Administration provide to Congress and the American 
     people in the event that the Secretary's failure to adhere to 
     the law results in a costly court battle, effectively 
     delaying meaningful long-term care reform in the process? 
     Please expedite a written response to these questions.
       Democrat and former Congressional Budget Office Director 
     Alice Rivlin wrote: ``Since the CLASS program is a new 
     unfunded entitlement, it should be repealed because it will 
     increase the deficit over the long term.''
       Our grandchildren simply cannot afford a new budget-busting 
     entitlement. We urge you to join us in support of CLASS 
     repeal, and to support bipartisan efforts to expand access to 
     affordable private long-term care coverage.
       We appreciate your attention to this matter.
           Sincerely,
     Charles W. Boustany, Jr., MD,
       Member of Congress.
     Phil Gingrey, MD,
       Member of Congress.

  I reserve the balance of my time.

                              {time}  1520

  Mr. STARK. Madam Chair, I yield myself such time as I may consume
  I'd like to point out that the last time I watched television, they 
told me that we still have troops in Afghanistan who should be brought 
home. And we've not addressed the Medicare physician payment cuts, the 
payroll tax cut extension, unemployment insurance extension. Roads, 
bridges, and public transit systems are falling apart, and Congress 
hasn't brought forth legislation to invest in the infrastructure to 
repair those vital structures. And we continue to have an imbalanced 
Tax Code that lets Members of Congress get richer at the expense of 
working families, and we've done nothing to change that.
  Yet rather than tackle any serious problems, the Republicans are 
using the very little time that they permit Congress to be in session 
to debate repealing the law that the President has already made clear 
will not be implemented. In other words, we should repeal a law that 
isn't going to happen. Now, that's a vital use of our time. He's 
clearly stated, the President has, that the CLASS Act, as part of the 
Affordable Care Act, can't meet the tests put in the statute.
  Now, remember that Republicans probably would like to repeal all of 
ObamaCare, and I'm not sure exactly which part they want mostly to 
repeal. In other words, I assume that the 2.5 million youngsters who 
now get health insurance, the Republicans would like to kick them off 
the rolls and let them go to work or earn their own way to health 
insurance.
  It's lowered prescription drug costs, ObamaCare has, for millions of 
seniors, for a bill that the Republicans wrote that was too costly. I 
presume the Republicans would like to raise the cost of pharmaceuticals 
for seniors. Republicans generally like to do anything that the 
pharmaceutical obviously asks them to do, and I'm surprised they 
haven't brought that up yet.
  I understand that my good friend, Dr. Boustany, actually has the 
makings of a bill that would help long-term care. And I also understand 
that the only reason he hasn't introduced it--I'd be glad to make it an 
amendment if it's ready to go right now--is that the health insurance 
industry doesn't like it. Well, if the health insurance industry 
doesn't like it, it must be spectacular, and I hope we'll see it. Maybe 
you'll tell us a little bit about it, and I'd like to applaud it 
because he has done some great work in this area, and we need to do 
this.
  The fully implemented ObamaCare, health care, whatever you want to 
call it, by 2014 will extend affordable, quality medical care to 32 
million uninsured Americans. That's a plan. Maybe we could change it. 
Maybe we could make it quicker. Maybe we would extend it to more 
people. Maybe we could save some money. But that has to come from the 
other the other side of the aisle.
  We oppose this, and I'd like to think that our Republican friends 
would work with us to improve it and move us in that direction.
  I'd like to highlight a letter of opposition to repealing the CLASS 
Act that is signed by more than 70 organizations representing millions 
of senior citizens, people with disabilities, and people suffering from 
various diseases. These groups include: AARP, the Autism National 
Committee, the AFL-CIO, and Easter Seals, and United Cerebral Palsy.
  They urge Congress to ``reject H.R. 1173, and instead focus on a 
constructive path forward.''
  I ask that this letter be inserted into the Congressional Record as 
part of this debate.

                                                 January 31, 2012.
     Hon. John Boehner,
     Speaker of the House, House of Representatives, U.S. Capitol, 
         Washington, DC.
     Hon. Nancy Pelosi,
     Democratic Leader, House of Representatives, U.S. Capitol, 
         Washington, DC.
       Dear Speaker Boehner and Democratic Leader Pelosi: The 
     undersigned organizations write to oppose legislation, H.R. 
     1173, to repeal the Community Living Assistance Services and 
     Supports (CLASS) program and respectfully urge members to 
     reject such legislation.
       In 2008, 21 million people had a condition that caused them 
     to need help with their health and personal care. Medicare 
     does not cover long-term services and supports (LTSS), yet 
     about 70 percent of people over age 65 will require some type 
     of LTSS at some point during their lifetime. As our 
     population ages, the need for these services will only grow. 
     In addition, about 40 percent of the individuals who need 
     LTSS are under age 65 and LTSS can enable individuals to work 
     and be productive citizens.
       Regardless of when individuals may need these services, 
     there is a lack of financing options to help them plan and 
     pay for the services they need to help them live 
     independently in their homes and communities where they want 
     to be. Family caregivers are on the frontlines. They provided 
     care valued at $450 billion in 2009--more than the total 
     spending on Medicaid that year. Private long-term care 
     insurance helps some people pay for the cost of services, but 
     it is not affordable for most, and some people are not even 
     able to qualify for it. Too often, the cost of services wipes 
     out personal and retirement savings and assets that are often 
     already insufficient--as a result, formerly middle class 
     individuals are forced to rely on

[[Page 714]]

     Medicaid to pay for the costs of LTSS. There are few options 
     for individuals to help them pay for the services they need 
     that could help them delay or prevent their need to rely on 
     Medicaid, the largest payer of LTSS.
       That's why we support the CLASS program--to give millions 
     of working Americans a new option to take personal 
     responsibility and help plan and pay for these essential 
     services. CLASS could also take some financial pressure off 
     Medicaid at the state and federal levels--paid for by 
     voluntary premiums, not taxpayer funds. For us, this is about 
     the financially devastating impact that the need for LTSS has 
     on families across this country every day and the essential, 
     compelling and urgent need to address this issue. Every 
     American family faces the reality that an accident or illness 
     requiring long-term care could devastate them financially. 
     This issue affects the constituents of every U.S. 
     Representative. CLASS is an effort to be part of the 
     solution. The CLASS actuarial report established that CLASS 
     can still be designed to be a ``value proposition,'' although 
     development work was still needed. The actuarial report also 
     noted that federal actuaries ``. . . agreed that certain 
     plans, designed to mitigate the adverse selection risk . . . 
     can be actuarially sound and attractive to the consumers.'' 
     Rather than repeal CLASS, we urgecontinued dialogue and 
     development of a viable path forward. The need to address 
     LTSS and how these services will be paid for in a way that is 
     affordable to individuals and society as a whole will not go 
     away.
       Families will continue to need a workable LTSS option to 
     protect themselves; and a path forward is essential because 
     the need for these services will only continue to grow. We 
     appreciate your consideration of our views that are based on 
     the experiences of millions of families across this country. 
     We urge you to reject H.R. 1173, and instead focus on a 
     constructive path forward.
           Sincerely,
       AAPD; AARP; ACCSES; AFL-CIO; AFSCME; Alliance for Retired 
     Americans; Alzheimer's Foundation of America; American 
     Association on Health and Disability; American Counseling 
     Association; American Dance Therapy Association; American 
     Geriatrics Society; American Music Therapy Association; 
     American Network of Community Options and Resources; American 
     Society on Aging; The Arc of the United States; Association 
     of Assistive Technology Act Programs; Association of 
     University Centers on Disabilities (AUCD); Autism National 
     Committee; Autistic Self Advocacy Network; Bazelon Center for 
     Mental Health Law; Brain Injury Association of America 
     (BIAA).
       California Foundation for Independent Living Centers; Cape 
     Organization for Rights of the Disabled (CORD); Center for 
     Independence of Individuals with Disabilities; Center for 
     Independent Living of South Florida; Inc.; Children and 
     Adults with Attention-Deficit/Hyperactivity Disorder (CHADD); 
     Coalition of Geriatric Nursing Organizations; Council for 
     Exceptional Children; The Council on Social Work Education; 
     Direct Care Alliance; Disability Rights Education & Defense 
     Fund; Easter Seals; Epilepsy Foundation; Health & Disability 
     Advocates; Inter-National Association of Business; Industry 
     and Rehabilitation; LeadingAge; Lutheran Services in America; 
     Mental Health America; The National Alliance for Caregiving; 
     National Alliance on Mental Illness (NAMI); National 
     Association of Area Agencies on Aging (n4a).
       National Association of County Behavioral Health and 
     Developmental Disability Directors (NACBHDD); National 
     Association of the Deaf; National Association for Geriatric 
     Education (NAGE); National Association for Home Care & 
     Hospice; National Association of Councils on Developmental 
     Disabilities; National Association of Nutrition and Aging 
     Services Programs (NANASP); National Association of 
     Professional Geriatric Care Managers; National Association of 
     Social Workers; National Association of State Directors of 
     Special Education (NASDE); National Association of State Head 
     Injury Administrators; National Center on Caregiving; Family 
     Caregiver Alliance; The National Center for Learning 
     Disabilities; National Committee to Preserve Social Security 
     and Medicare; The National Consumer Voice for Quality Long-
     Term Care (formerly NCCNHR); National Council on Aging; 
     National Council for Community Behavioral Healthcare; 
     National Council on Independent Living; National Disability 
     Rights Network; National Down Syndrome Congress.
       National Multiple Sclerosis Society; The National 
     Rehabilitation Association; National Respite Coalition NISH; 
     Paralyzed Veterans of America; PHI-Quality Care through 
     Quality Jobs; Physician-Parent Caregivers SEIU; Self-
     Reliance; Inc.; Services and Advocacy for GLBT Elders (SAGE); 
     Social Work Leadership Institute/The New York Academy of 
     Medicine; United Cerebral Palsy; United Spinal Association; 
     Volunteers of America.
                                  ____

                                             Leadership Council of


                                          Aging Organizations,

                                                 January 30, 2012.
       Dear Member of Congress: The Leadership Council of Aging 
     Organizations, (LCAO) strongly opposes H.R. 1173, legislation 
     to repeal the Community Living Assistance Services and 
     Supports (CLASS) program. Please do not support this bill 
     when it comes to the House floor this week.
       The Leadership Council of Aging Organizations (LCAO) is a 
     coalition of 66 national nonprofit organizations concerned 
     with the well-being of America's older population and 
     committed to representing their interests in the policy-
     making arena.
       We support the CLASS program as a promising means of 
     effectively financing the long-term services and supports 
     that thousands of Americans come to need as they age or 
     develop a disability. Every family faces these potential 
     costs. CLASS gives families a framework for responsibly 
     planning for their own long-term services and supports needs.
       Our currently fragmented system of paying for long-term 
     services and supports is in danger of crumbling under the 
     weight of the baby boom generation. Already an estimated 10 
     million Americans need long-term services and supports, and 
     this number is projected to increase to 26 million by 2050. 
     Acknowledging the growing demand for services, the law also 
     created the Personal Care Attendants Workforce Advisory 
     Panel, work which must move forward if we are to build the 
     strong workforce that America needs to provide personal care 
     services.
       CLASS was developed to provide a coordinated, national 
     public-private system for delivering long-term services and 
     supports. Nearly half of all funding for these services is 
     now provided through Medicaid, which is a growing burden on 
     states and requires individuals to become and remain poor to 
     receive the help they need. There is also an institutional 
     bias in Medicaid whereby approximately two-thirds of all 
     spending is directed towards nursing homes and other 
     institutions instead of preferred community-based services 
     and supports.
       CLASS is a promising approach to effectively meeting the 
     costs of long-term services and supports. Thousands of 
     Americans do not qualify for private long-term care insurance 
     due to underwriting practices, and this kind of insurance is 
     unaffordable for many more. Reverse mortgages assume home 
     ownership with substantial equity, which excludes thousands 
     more individuals and families.
       There is no effective and affordable alternative to CLASS 
     at this time. We urge you to vote against H.R. 1173 when it 
     comes to a vote this week in the House.
           Sincerely,

                                       William L. Minnix, Jr.,

                                                President and CEO,
     Chair, LCAO.
                                  ____

         American Federation of State, County and Municipal 
           Employees, AFL-CIO,
                                 Washington, DC, January 24, 2012.
       Dear Representative: On behalf of the 1.6 million members 
     of the American Federation of State, County and Municipal 
     Employees (AFSCME), I write to urge you to oppose H.R. 1173, 
     the misnamed Fiscal Responsibility and Retirement Security 
     Act of 2011. The bill repeals the Community Living Assistance 
     Services and Supports (CLASS) program, which was designed to 
     be a voluntary insurance program to help American workers pay 
     for long-term care services and supports that they may need 
     in the future.
       The need for the CLASS program is huge and growing. Nearly 
     70% of people turning 65 today will need, at some point in 
     their lives, help with basic daily living activities, such as 
     bathing, feeding and dressing. Repealing the CLASS program 
     and replacing it with absolutely nothing offers no help to 
     millions of Americans who want to maintain their health, 
     independence, and dignity when they lose the capacity to 
     perform basic daily activities without assistance.
       Medicare does not cover long-term care services. Medicaid 
     does cover long-term care but Medicaid pays only for services 
     for people with very limited financial means. Private long-
     term care insurance can be costly and difficult to purchase, 
     especially if an individual has a pre-existing condition. 
     Indeed, only about one-in-ten Americans age 55 and older has 
     long-term care insurance.
       The CLASS program is not perfect and may need 
     modifications, but now is not the time to accept the status 
     quo for the financing of long-term services and supports, 
     which relies by default almost exclusively on Medicaid. 
     Repealing the CLASS program is not a solution and promotes a 
     fiscal default policy of increasing Medicaid costs and 
     requiring middle-class Americans to impoverish themselves in 
     order to obtain long-term care. We urge you to oppose H.R. 
     1173.
           Sincerely,
                                              Charles M. Loveless,
     Director of Legislation.
                                  ____



                                                   LeadingAge,

                                 Washington, DC, January 17, 2012.
       Dear Ways and Means Committee Member: I understand that the 
     Ways and Means Committee will vote January 18 on H.R. 1173, 
     legislation to repeal the Community Living Assistance 
     Services and Supports (CLASS) program.
       I strongly urge you oppose this bill. American families 
     need the CLASS program to effectively plan for the costs of 
     long-term services and supports.
       These costs now are covered primarily by Medicaid, an 
     entitlement program that is a

[[Page 715]]

     growing and unsustainable burden on both federal and state 
     budgets. Currently Medicaid covers 49% of the total cost of 
     paid long-term services and supports, making it the 
     predominant source of financing in this field.
       These costs will not disappear if the CLASS program is 
     repealed, and there is no effective alternative to cover 
     them. All but the wealthiest Americans have insufficient 
     income and savings to cover the cost of long-term nursing 
     home care or even extensive services provided in a home- and 
     community-based setting. Private long-term care insurance, 
     for which there already are tax incentives, covers only a 
     small fraction of long-term services and supports. Reverse 
     mortgages are becoming less useful as a source of long-term 
     services and supports financing due to the current state of 
     the real estate market.
       Without CLASS, people who need help with the most basic 
     activities of daily living will continue to be thrown onto 
     the Medicaid rolls. The federal and state governments will 
     have to continue paying for needed long-term services and 
     supports, but without the revenues that the CLASS program 
     would generate.
       Over the last several decades, policymakers, health 
     economists and other experts have given much thought and 
     debate to the issue of financing long-term services and 
     supports. CLASS developed out of all of this deliberation as 
     the proposal with the most promise for establishing a 
     healthy, ethical and affordable system of financing these 
     costs. This program can give families an affordable means of 
     planning for their futures and for the long-term services and 
     supports needs that inevitably arise.
       I hope you and members of your family will never come to 
     need the kinds of services for which CLASS was designed to 
     pay. But if you ever do, you will understand fully why the 
     CLASS program has attracted such broad support.
       Repealing CLASS would undo years of work toward an 
     effective means of financing long-term services and supports 
     needed and used by thousands of Americans and their families. 
     What other option addresses these needs?
       Please oppose H.R. 1173 when it comes before the Ways and 
     Means Committee.
           Sincerely,
                                           William L. Minnix, Jr.,
                                                President and CEO.

  Madam Chair, how much time do I have remaining?
  The Acting CHAIR. The gentleman from California has 7\1/2\ minutes 
remaining.
  Mr. STARK. I yield 2 minutes to the gentleman from Wisconsin (Mr. 
Kind).
  Mr. KIND. I thank my friend from California for yielding me this 
time.
  Madam Chair, I rise in support of the resolution. I do so because I 
believed at the time when the CLASS Act was inserted in the Affordable 
Care Act it wasn't a sustainable program. And sure enough, when 
Secretary Sebelius and those at the Department of Health and Human 
Services had a chance to analyze it and try to implement it, they 
reached the same conclusion.
  I just hope that today my Republican colleagues don't take too much 
glee or delight over the fact that this resolution will pass and it 
repeals yet another small section of the Affordable Care Act, because 
just by repealing it without replacing it doesn't solve the problem 
with the rising long-term health care costs that our Nation faces.
  I know my friend Dr. Boustany shares his interest in trying to find a 
fix to this situation, and I hope that the parties are able to come 
together and address one of the paramount challenges that we're still 
facing in health care: How do you incent young, healthy people to 
invest in their long-term health care needs? It's difficult to do.
  And I appreciate the work by those who supported CLASS, recognizing 
the challenge that we faced and trying to come up with a solution. This 
just wasn't the answer.
  And to my Democratic colleagues, I never believed that passage of the 
Affordable Care Act--which I did support--was the end-all, be-all for 
health care reform. In fact, the great potential of the Affordable Care 
Act was the vast experimentation that needs to take place in reforming 
the health care delivery system and the payment system to learn what's 
working and what isn't working and then drive the system to greater 
efficiency, better quality outcomes, and a better bang for our buck. 
That, to me, is what health care reform is going to look like in the 
years to come. It's going to be an ongoing effort trying to determine 
what is working and what isn't. The CLASS Act, clearly, the way it was 
structured, was something that wasn't going to work.
  So I agree with the resolution today that we should repeal it. It's 
the same conclusion the administration, having a chance to look at it, 
reached themselves. But it doesn't leave us off the hook of trying to 
find a solution to one of the great challenges of long-term health care 
in this country.
  So I would encourage my Republican colleagues--and I know many of 
them share this sentiment, that this does not end the work that has to 
go on. We've got to figure out a way to start talking to each other, 
listening, trusting each other to come up with some solutions. This 
isn't that solution today.
  Mr. BOUSTANY. Madam Chair, I yield 2 minutes to the gentleman from 
California (Mr. Herger), the distinguished chairman of the Health 
Subcommittee on the House Ways and Means Committee.
  Mr. HERGER. Madam Chair, I rise in strong support of H.R. 1173, the 
Fiscal Responsibility and Retirement Security Act.
  It's now clear that long before the Democrats' health care overhaul 
was passed, the Obama administration knew that the CLASS Act was a 
seriously flawed program that could not be implemented. For example, 
Medicare actuary Rick Foster said way back in June of 2009: ``Thirty-
six years of actuarial experience lead me to believe that this program 
would collapse in short order and require significant Federal subsidies 
to continue.''
  Yet these warnings went unheeded and the CLASS Act remained in the 
health care bill 9 months later because it created an illusion of 
budget savings, an illusion based entirely on the fact that it was 
designed to collect premiums for a full 5 years before it would have to 
start paying benefits. Yesterday the Congressional Budget Office 
estimated that the cost of Federal health care entitlement programs 
will more than double over the next decade.
  Madam Chairman, for the sake of our Nation's future, we must get 
these costs under control. The CLASS Act is an unsustainable program 
that, if it ever begins operating, would inevitably need a major 
taxpayer bailout. By repealing it today, Congress can send a clear 
message that we are going to start finding solutions to rising health 
care costs instead of making the problem worse.
  Mr. STARK. I reserve the balance of my time.
  Mr. BOUSTANY. Madam Chair, may I ask how much time remains?
  The Acting CHAIR. The gentleman from Louisiana has 3\1/2\ minutes 
remaining, and the gentleman from California has 5\1/2\ minutes 
remaining.
  Mr. BOUSTANY. I yield 1\1/2\ minutes to the gentlewoman from Kansas 
(Ms. Jenkins), a member of the House Ways and Means Committee.

                              {time}  1530

  Ms. JENKINS. I thank the gentleman for yielding.
  There aren't many areas where the former Kansas Governor and current 
Secretary of Health and Human Services, Kathleen Sebelius, and I agree, 
but one thing that we do agree on is that the CLASS Act portion of the 
President's health care package is completely unviable and needs to be 
stopped.
  That's why I was glad to hear the Secretary backtrack on her prior 
support and pull the plug on the program, and it's why I support a 
statutory repeal of the CLASS Act today. This act was designed as a new 
national entitlement for purchasing community-living assistance 
services, and it was used by this administration as a pay for to 
substantiate their faulty claim that ObamaCare was going to reduce the 
deficit.
  However, as I and many others pointed out at the time, the deficit 
reduction claim was bogus and based on budget gimmicks that proved 
false when HHS began implementation. You see, the CBO can only project 
the cost of bills in a 10-year budget window, so the Obama 
administration used a budget trick by setting up the CLASS Act to begin 
collecting premiums in 2012 but not paying out benefits until 2017.

[[Page 716]]

Great for years 1 through 10, but very bad for years 5 through 15 or 
later.
  This gimmick led CBO to report that the program would reduce the 
deficit, but it certainly doesn't take a CPA to realize that these 
initial savings can't be sustained over time. While we anxiously await 
the Supreme Court's decision on the constitutionality of ObamaCare's 
individual mandate, I urge my colleagues to support the repeal of this 
failed portion of the bill today so we can get this budget gimmick off 
the government's books.
  Mr. STARK. I reserve the balance of my time.
  Mr. BOUSTANY. Madam Chair, I'm pleased to yield 1 minute to the 
gentlewoman from Tennessee (Mrs. Black), a member of the Ways and Means 
Committee.
  Mrs. BLACK. I thank the gentleman for yielding.
  Madam Chair, I rise today in support of my colleague from Louisiana's 
legislation repealing this unsustainable budget gimmick created to make 
the health care law look less expensive.
  The CLASS Act was a long-term entitlement that was plagued with 
problems from the very beginning. From day one, concerns were raised 
about the CLASS program's unsustainable cost structure, and the 
administration ignored it.
  I have a chart that was presented to us in our Ways and Means 
Committee in the markup of this bill, and from the very beginning there 
were six different occasions, and up until March 20 when it was passed, 
of experts who said this was unsustainable, and they've already been 
referenced by prior speakers.
  Since that time of passage there were four others, including 
Secretary Sebelius in October of 2011, who also said: ``I do not see a 
viable path forward for the CLASS implementation.''
  This program, again, has been unsustainable from the very beginning. 
I think what is so sad is we continue to put our head in the sand and 
make the American people believe that this program is somehow workable. 
This needs to be removed from our law so we can start again. This is a 
nonpartisan issue, and we all need to work together in a bipartisan 
way. As a nurse for over 40 years working with the elderly, I recognize 
the need for long-term care.
  The Acting CHAIR. The gentleman from Louisiana has 1 minute remaining 
and the right to close. The gentleman from California has 5\1/2\ 
minutes remaining.
  Mr. STARK. Madam Chair, in closing, I repeat that there are real 
problems in this country of much more urgency than trying to repeal a 
bill that doesn't do anything, that won't work, that the President has 
said won't be effective. I urge my colleagues to join me in voting 
``no'' on this Republican agenda to tear down our health system. It's 
mugwumpish. It just sticks your head in the sand and says let's repeal 
things and let's not go about fixing it.
  As I said before, I'm sure Dr. Boustany has a great bill, and I'm 
hoping that he'll bring it to us and we can proceed to deal with the 
problem of long-term care for our senior citizens.
  I have seven children who would like to see that done very quickly 
and get me off their hands, thank you very much. And so anything we can 
do together, I look forward to working with the distinguished 
gentleman.
  With that, I yield back the balance of my time.
  Mr. BOUSTANY. Madam Chair, I'm pleased to yield my remaining time to 
the gentleman from Minnesota (Mr. Paulsen), a distinguished member of 
the Ways and Means Committee.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 1 
minute.
  Mr. PAULSEN. Madam Chairman, I also want to rise in strong support of 
repealing this misguided CLASS Act. We knew from the start that the 
CLASS Act was fiscally unsustainable. But the President and those who 
supported the new health care law used this and inserted it as a budget 
gimmick to help pass the law. This new program was an illusion, an 
illusion that was crafted so government would start collecting funds 
long before it would pay anything out, making it seem as if it would 
raise revenue and save money. But in the long run it was obvious and it 
was clear the program would have disastrous effects.
  The CMS Chief Actuary himself said that if implemented, the program 
would collapse. And after months of failed attempts, even the 
administration has finally admitted that the program was unworkable.
  Madam Chair, Minnesota families and small businesses are tired of the 
smoke and mirrors coming out of Washington. Let's do the right thing 
today and repeal this terrible program, and let's focus on what's 
really important: putting Americans back to work. I want to thank my 
colleague on the Ways and Means Committee from Louisiana. He's a 
doctor, he's a physician, he's a leader in health care. Let's do the 
right thing and repeal this legislation.
  Mr. STEARNS. Madam Chair, we need to repeal this bad legislation. As 
Chairman of the Oversight and Investigations Subcommittee, we looked 
into the CLASS Act and the actions of HHS. We issued a bicameral report 
on the failures of this fiscally reckless program.
  Some Senate Democrats expressed that they ``had grave concerns that 
the real effect of the [CLASS Act] would be to create a new federal 
entitlement with large, long-term spending increase that far exceed 
revenues.''
  Perhaps the most damning indictment came from the Senate Budget 
Chairman who characterized CLASS Act as ``a ponzi scheme of the first 
order, the kind of thing that Bernie Madoff would have been proud of.''
  This legislation is so fiscally unsound that even the Secretary of 
HHS has announced that she does ``not see a viable path forward for 
CLASS implementation at this time.'' This despite all her statements in 
support of CLASS when the Democrats were ramming Obamacare down our 
throat.
  Under CBO rules, the CLASS failure will cost American taxpayers $86 
billion--the most recent CBO project of the supposed savings from the 
CLASS Act. However, if CLASS had gone into effect, it would have 
increased our deficit by the third decade.
  We need to repeal this fiscally unsound entitlement. We need to stop 
wasteful spending. We need to bring our country back to the path of 
fiscal responsibility and repealing CLASS is an important first step.
  Ms. JACKSON LEE of Texas. Madam Chair, I rise in opposition to H.R. 
1173, ``The Fiscal Responsibility and Retirement Security Act of 
2011.'' This bill would repeal title VIII of the Patient Protection and 
Affordable Care Act and Supports, CLASS, Program--a national, voluntary 
long-term care insurance program for purchasing community living 
assistance services and supports. Title VIII also authorized and 
appropriated funding through 2015 for the National Clearinghouse for 
Long-Term Care Information, clearing house. H.R. 1173 would rescind any 
unobligated balances appropriated to the National Clearinghouse for 
Long-Term Care Information.
  The CLASS Act was designed to provide an affordable long-term care 
option for the 10 million Americans in need of long-term care now and 
the projected 15 million Americans that will need long-term care by 
2020.
  The CLASS program would allow the disabled to be treated with respect 
and class. Yet, once again, instead of focusing on creating jobs, 
instead of finding means to reduce our deficit, instead of addressing 
the most pressing needs of our nation today, my Republican colleagues 
have put forth a measure that targets the aging and the disabled. They 
are supporting a measure that literally lacks class. This measure is a 
blatant attempt to repeal the Affordable Health Care Act one title at a 
time.
  Like many Members of this body, I am disappointed that the Department 
of Health and Human Services, DHHS, has not been able to implement the 
CLASS provision of the Affordable Health Care Act. Although the CLASS 
program is not perfect, I cannot in good conscience support repealing 
it at a time when we have no viable alternative for affordable long-
term care.
  We have a growing aging population some of whom will require long-
term care. CLASS provides the aging and the disabled with a solution 
that is self-sustaining, at no cost to tax payers.
  As the estimated 76 million baby boomers born between 1946 and 1964 
become elderly, Medicare, Medicaid, and Social Security will nearly 
double as a share of the economy by 2035.
  With each generation, Americans have been fortunate to live longer 
lives; we continue to plan on how to meet the needs of the aging and 
the disabled. It is reasonable to assume that over time the aging of 
baby boomers will increase the demand for long-term care. Estimates 
suggest that in the upcoming years the

[[Page 717]]

number of disabled elderly who cannot perform basic activities of daily 
living without assistance may be double today's level.
  Repealing the CLASS program does nothing to address the fact that 
private long-term care insurance options are limited and the costs are 
too high for many American families, including many in my Houston 
district, to afford.
  In 2000, spending from public and private sources associated on long-
term care amounted to an estimated $137 billion, for persons of all 
ages. By 2005, this number has risen to $206.6 billion.
  Unless we act now, the costs associated with long-term care will 
continue to rise. As it stands, families are bearing the brunt of these 
costs. Less than a decade ago those who needed long-term care spent 
nearly $37.4 billion in out-of-pocket expenses. This is not sustainable 
for the majority of families; less than a decade ago we were not 
recovering from a recession.
  The issue before us today is how we intend to treat our aging and 
disabled at a time when they are in need of assistance that will have a 
direct impact on their quality of life.
  CLASS comes into effect when a person is at his most vulnerable. For 
example, when individuals are unable to clothe or bathe themselves. 
CLASS would allow some individuals to remain in their home. It gives 
the aging, the disabled and their families a viable option. Long-term 
care encompasses a wide range of services for people who need regular 
assistance because of chronic illness or physical or mental 
disabilities.
  Although long-term care might include some skilled nursing care it 
consists primarily of help with basic activities of daily living, such 
as bathing, eating, and dressing, and with tasks necessary for 
independent living such as shopping, cooking, and housework, in essence 
helping people who need help.
  Traditionally, most long-term care is provided informally by family 
members and friends. Some people with disabilities receive assistance 
at home from paid helpers, including skilled nurses and home care 
aides. Nursing homes are increasingly viewed as a last resort for 
people who are too disabled to live in the community, due to a number 
of factors, cost being one.
  Madam Chair, I believe that we must leave the framework that exists 
in place and work with seniors, families, industry, HHS and others to 
find a way to make the CLASS Act or an alternative long-term care 
program work. We cannot and we must not allow Medicaid to continue to 
be the only affordable long-term care service available to Americans. 
American families should not have to spend down their savings or assets 
to access long-term care. We must not forget that this is an issue we 
must address. As of January 1, 2011, baby boomers will begin to 
celebrate their 65th birthdays for that day on 10,000 people will turn 
65 every day and this will continue for the next 20 years
  My career in Congress has been dedicated to expanding access to 
affordable, quality health care for the residents of the state of 
Texas, Houstonians, and all Americans, and the CLASS Act furthers that 
goal. It is clear that the CLASS Act is not perfect, and almost no 
piece of legislation can ever be, but that's why we rely on the 
professionals in federal agencies to work on implementation of the law.
  I strongly believe that we can find a way to make this program work 
and I hope my colleagues on the other side of the aisle will work with 
me to ensure that affordable long-term care is available for anyone who 
needs it.
  American families spend almost twice as much on health care through 
premiums, paycheck deductions, and out-of-pocket expenses as families 
in any other countries. In exchange, we receive quality specialty care 
in many areas that is the envy of many. Yet, they do not receive 
significantly better care than countries that spend far less.
  Considering the amount that we spend on health care, it is surprising 
that Americans do not live as long as people in Canada, Japan, and most 
of Western Europe. Our health care system was in need of an overhaul. 
The landmark bill signed by President Obama in 2010 is designed to 
provide coverage to millions of people who currently lack it.
  Under the Affordable Health Care law more than 32 million additional 
Americans are expected to get insurance, either through an extension of 
Medicaid or through exchanges where low and moderate income individuals 
and families will be able to purchase private insurance with federal 
subsidies.
  A key part of the new health law also encourages the development of 
``accountable care organizations'' that would allow doctors to team up 
with each other and with hospitals, in new ways, to provide medical 
services. There are dozens of good provisions in the Act that will 
ultimately benefit the public, if they are not repealed one title at a 
time. The CLASS Act is a good provision too--I stand by that notion--
but just improperly designed.
  At this stage, any change is difficult and change especially during a 
recession is extremely difficult. It is not possible to change a system 
as large and as hugely flawed, as ours without some disruptions. We are 
using fresh thinking and innovation to make sure everyone benefits--our 
citizens, our health care providers, small businesses, large 
corporations. I think the public is starting to slowly accept it. Over 
the course of several years and as more beneficial provisions take 
effect, this law will be more accepted, popular and possibly expanded.
  Unfortunately, some in this Congress seems intent on not just undoing 
the CLASS Act, but the entire Affordable Health Care law. Everyone 
should have equal access to affordable health care and affordable 
health care service. Repealing a program that is intended to assist the 
aging and the disabled is not where this Congress should be spending 
its energy. We should be focused on legislation, like the one I 
proposed that would reduce the deficit, boast our nation's energy 
production, and create jobs. It appears as though my Republican 
colleagues seem more focused on putting forth bills that would cut 
taxes, cut services to the aging and disabled, and cut discretionary 
spending. Our priority should be to focus on legislation that will 
create jobs.
  Mr. VAN HOLLEN. Madam Chair, H.R. 1173 exemplifies the GOP agenda in 
the 112th Congress: to reject constructive Democratic ideas, and fail 
to introduce any practical solutions to our nation's problems.
  I think we are all in agreement that the Community Living Assistance 
Services and Supports, CLASS, Program--in its current form--needs work. 
However, simply repealing it conveniently ignores that we have a long-
term care crisis in this country. Private long-term care insurance is 
too costly for most Americans and the alternative, spending down their 
assets in order to qualify for Medicaid, is financially devastating. 
Medicaid now accounts for nearly half of all long-term care spending, 
and as the nation's baby boomers age, federal and state budgets will 
face further strain. The CLASS program is intended to lessen the 
burden, providing working families a national, voluntary, and premium-
financed insurance program that enables them to responsibly plan for 
long-term care.
  Secretary Sebelius made the right decision to delay implementation of 
program because, under existing parameters, it could not be done in a 
financially solvent way. The Congressional Budget Office, CBO, 
estimated that the program would run surpluses through approximately 
2029 but would begin adding to the budget deficit after that. We need 
to fix that. But let's try to mend it, not end it. Let's exhaust all of 
our options, confer with experts and beneficiaries, and see if we can 
find a viable path forward for the CLASS program. We must make every 
effort to make it solvent before we leave seniors and disabled 
individuals to the status quo for the foreseeable future.
  Mr. CONNOLLY of Virginia. Madam Chair, we are not prepared, either as 
families or as a society, to pay for the long-term care supports and 
services most of us will need before we die.
  Today 10 million Americans require some level of long-term assisted 
care, and that number is on pace to triple as the Baby Boom generation 
ages. Annual costs top more than $200 billion, and that doesn't count 
the time and energy of family caregivers. The growing demand and costs 
for long term care cannot be ignored, yet that is precisely what this 
legislation does.
  Not only does this legislation repeal the voluntary, self-supporting 
long-term care insurance program created by the Affordable Care Act, 
but it also repeals funding for the national clearinghouse of 
information on long-term care services that helps seniors, their 
families and caregivers navigate the maze of options.
  HHS said it could not implement the CLASS Act as written. It did not 
say such a program should not be implemented at all. In fact, HHS said 
that 15 million Americans will require some form of long-term care in 
2020, yet fewer than 3 percent will have long-term insurance coverage. 
It went on to say that allowing that to persist will only increase the 
burden on taxpayers at a time when we're working to reduce such federal 
health care costs.
  Madam Chair, this is nothing more than an ideologically-driven 
attempt to undermine the President's signature initiative and score 
political points at the expense of our seniors. I urge my colleagues to 
reject this bill, so we can pursue a workable solution to this mounting 
challenge that threatens the safety and security of our seniors and our 
economy.
  Mr. HOLT. Madam Chair, I rise today in opposition to the so called 
``Fiscal Responsibility and Retirement Security Act of 2011'', H.R. 
1173.

[[Page 718]]

  H.R. 1173 would repeal the Community Living Assistance Services and 
Supports (CLASS) Act, which was included in health reform.
  The CLASS Act would make it easier for people to save for long-term 
care services. This program would give working adults the opportunity 
to plan for long-term care needs by providing cash benefits that can be 
used to purchase non-medical services and supports like home health 
care. The Congressional Budget Office estimates that the CLASS Act 
would reduce the federal deficit and Medicaid spending.
  Our nation is facing a long-term care crisis and repealing the CLASS 
Act does not help. Over ninety percent of Americans do not have long-
term health insurance coverage. This crisis becomes more serious over 
the next two decades, when the number of Americans 65 and older will be 
71 million--making up around 20 percent of the U.S. population. Long-
term care is expensive: nursing homes can costs over $70,000 a year and 
home health care costs hundreds of dollars a day.
  Instead of debating how to help Americans pay for long-term care, we 
are spending our time repealing the only program that is trying to 
help.
  I oppose H.R. 1173 and urge my colleagues to vote no on this piece of 
legislation.
  Mr. DINGELL. Madam Chair, I rise today in opposition of H.R. 1173. 
This bill is yet another in a long list of efforts by the Republicans 
to dismantle and repeal the Affordable Care Act piece by piece. Despite 
the fact that my colleagues on the other side of the aisle sit in 
Committee hearing rooms and profess to support addressing our long term 
care crisis, one of their first pieces of legislation on the floor this 
session is a bill that will repeal one option to address this crisis.
  H.R. 1173 does nothing to protect the security of our country's 
retirees. Repealing the CLASS Act does not protect the 70 percent of 
today's 65 year olds who will need some sort of health or personal care 
in the future. Nor does repealing the CLASS Act do anything for the 40 
percent of long term care users between the ages of 18-64.
  While I recognize that the CLASS Act is not fiscally feasible in its 
current form, I also recognize that a lack of a long term care 
initiative is not financially feasible for Americans. The average cost 
of a nursing home is currently a staggering $78,000 per year while in-
home long term care averages $21,600 per year. We must continue to try 
and solve the problem of our nation's lack of adequate long term care 
options, and I call on my Republican friends to come to the table and 
work with us to do so.
  Instead of wasting valuable floor time, my Republican friends should 
take this opportunity to work with Democrats as well as the Department 
of Health and Human Services to find a solution to this critical issue. 
We all must continue to champion the effort to create a safe and secure 
future for our nation's citizens.
  It is my concern that if the CLASS Act is repealed, the impetus to 
implement a crucial long term care act will fall by the wayside. If my 
friends across the aisle wish to repeal this provision, it is vital 
they work expeditiously to implement a substitute for CLASS.
  In 2008, 21 million Americans utilized some form of long term care. 
That number is only going to continue to increase, and it is our duty 
to protect the quality of life of our fellow Americans. I urge my 
colleagues to vote against H.R. 1173 until we have a viable long term 
care program to replace the CLASS Act.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, I rise today in 
opposition of H.R. 1173, legislation to repeal the Community Living 
Assistance Services and Supports program. America has a long-term care 
crisis, and it is only getting worse. Currently, there are over 10 
million Americans who require long-term care, and this number is 
expected to grow to 15 million by 2020.
  Long-term care places a huge burden on family budgets. CLASS makes 
long-term care more affordable and accessible by providing a national, 
voluntary, self-sustaining insurance program for the purchase of long-
term care services and supports.
  While CLASS may need to be tweaked, it should not be repealed without 
the existence of a viable alternative. Rather than repeal this bill 
today, Republicans and Democrats need to work together to identify ways 
to strengthen CLASS so that it becomes a sustainable long-term care 
program. Our nation's seniors are counting on us, and we must not let 
them down.
  As our population ages, the need for long-term care services will 
only grow. Repealing the CLASS Act, without providing a viable 
alternative, will result in millions of seniors exhausting their 
retirement savings and personal assets. I cannot support H.R. 1173, as 
it undermines the personal dignity of our seniors.
  Mr. GOODLATTE. Madam Chair, today I rise in strong support of the 
Fiscal Responsibility and Retirement Security Act. This important 
legislation repeals the failed government-run long-term care insurance 
program, known as the CLASS Act, which was included in the President's 
Health Care Law, PPACA.
  Nearly two years ago, with total disregard for the will of the 
American people, Congress passed and President Obama signed the health 
care reform overhaul into law. This law, which I voted against, is 
defined by federal regulations, mandates, a myriad of new big 
government programs, and a significant increase in federal spending and 
debt at a cost to our country too high to bear.
  The CLASS program is a prime example of the inherent problems with 
this new law. In fact, the Obama Administration announced in October 
that they would halt implementation of the CLASS program, recognizing 
that the program was unsustainable despite claims that it would save as 
much as $80 billion over 10 years.
  Today the House has an opportunity to pass the Fiscal Responsibility 
and Retirement Security Act, which is an important piece to dismantling 
the President's Health Care Law and allows Congress to consider new 
long-term care reform proposals that work for the American people 
without busting the federal budget.
  Madam Chair, I intend to continue working to repeal and defund the 
new health care law that kills jobs, raises taxes, threatens seniors' 
access to care, will cause millions of people to lose the coverage they 
have and like, and increases the cost of health care coverage. While we 
can all agree that our current health care system needs to be reformed, 
the new health care law was not the right way to do it. Instead we must 
focus on a positive, patient-centered strategy that puts patients, 
families and doctors, not Washington bureaucrats, in control of 
personal health care decisions.
  Ms. WASSERMAN SCHULTZ. Madam Chair, I rise today in firm opposition 
to this legislation that would repeal the Community Living Assistance 
Services and Supports Act, the CLASS Act.
  As part of the Affordable Care Act, the CLASS Act is our nation's 
first real attempt to provide voluntary, fiscally-responsible, long-
term care for the more than 70 percent of Americans who will need such 
support at some point in their lifetimes.
  As the Representative to thousands of seniors in Florida's 20th 
district, I know too well how hard our families strive to plan and pay 
for the long term care services that most of them so desperately need.
  By repealing the CLASS Act, this Congress abandons millions of middle 
class seniors, Americans with disabilities, and all families struggling 
to provide long term care for loved ones.
  Of course, we are willing to admit that this program isn't perfect. 
But that is no excuse for the Republicans' ``repeal and abandon'' 
approach to legislation--and our nation's seniors.
  Rather than pull the rug out from under our seniors and loved ones--I 
urge my colleagues to work to fix this vital program.
  Mr. PAYNE. Madam Chair, I rise today in opposition to H.R. 1173. 
While my Republican colleagues see H.R. 1173 as a solution to the 
Department of Health and Human Services' letter to Congress about the 
CLASS Act, I strongly contend that repeal is not the answer. According 
to the Department's announcement, there is no viable way forward to 
implement the CLASS Act at this time but families impacted by accidents 
and illnesses are also without a viable way forward to meet long-term 
care needs. The cost of long-term care can be extremely taxing. In 
2010, the private-pay rate for a semiprivate room in a nursing home 
averaged $205 per day, or about $75,000 per year. In comparison, the 
median total household income for elderly Social Security beneficiaries 
in 2008 was $20,000 per year. The CLASS Act was established as part of 
the Affordable Care Act in response to the growing number of citizens 
with long-term health care needs and the repeal of this act would only 
impose enormous financial, emotional and physical burdens on these 
citizens. This is an issue that affects every American family. No one 
regardless of class, race or creed is exempt from a potential accident 
or illness requiring long-term care. It is estimated that 15 million 
Americans will need some kind of long-term care by 2020, but fewer than 
three percent have a long-term care policy. We should not abandon this 
effort, rather Congress should come together to find a sustainable 
solution to address this challenge.
  Ms. RICHARDSON. Madam Chair, I rise in strong opposition to H.R. 
1173, a bill that would repeal the Community Living Assistance Services 
and Supports program (CLASS). Instead of repealing the CLASS Act and 
leaving

[[Page 719]]

millions of Americans in need of long-term care with the status quo, 
Congress should be working together to improve the program.
  Madam Chair, the CLASS program was designed to provide Americans with 
a voluntary long-term care insurance program that would make long-term 
care more affordable and accessible. Statistics show that there are 
currently over 10 million Americans in need of long-term care; by 2020, 
that number is expected to grow to 15 million. We have an obligation to 
ensure that those in need of long-term care have affordable options 
available to them.
  The United States is facing a long-term care crisis. With the 
Nation's baby boomers nearing retirement, we can expect to see the 
number of seniors in need of long-term continue to rise in the coming 
years. Due to the high costs of obtaining long-term support services, 
it is estimated that there are 52 million unpaid caregivers--mostly 
relatives of those in need--providing long-term care in the home.
  In my district, there are over 115,000 seniors and 12,557 residents 
collecting Social Security disability insurance--most of whom will most 
likely need long-term care services at some point in their lifetime. In 
addition, there are 85,444 of my constituents who are nearing 
retirement age and would benefit from the peace of mind of having 
insurance coverage for long-term care.
  Each year, families pay more than $50 billion out-of-pocket to 
provide long-term support services to loved ones. Many of these 
families are already hard-pressed financially, but do not have any 
other options available to them. Working to fix the CLASS program will 
provide working adults a national, voluntary, and premium-financed 
insurance program for the purchase of long-term care services and 
supports. Instead of working to fix the CLASS Act, the Republican 
majority is trying to repeal this important program in its entirety.
  Madam Chair, it is estimated that about 70 percent of people over 65 
will require long-term care services at some point during their 
lifetime. Medicare covers only minimal long-term care services such as 
short-term skilled nursing care and limited home health services.
  Medicaid now accounts for nearly 50 percent of all long-term care 
spending nationwide. Unfortunately, Americans wishing to utilize 
Medicaid for long-term care services must impoverish themselves in 
order to qualify. In many cases, families are left with no choice but 
Medicaid after they are forced to spend down their income and assets to 
pay for costly long-term care services.
  Insurance policies in the private market which cover long-term care 
services are often too expensive for most Americans, and currently pay 
for only about 7 percent of spending on long-term care. Approximately 
only nine percent of Americans aged 50 or older have private insurance 
policies that cover long-term care services. The CLASS Act seeks to 
address the lack of available coverage by making long-term care 
services more accessible and affordable for working families.
  The CLASS Act provides a framework with which to build a viable long-
term care program. Repealing this much needed program brings us back to 
square one in our effort to provide working families with a national 
insurance program that enables them to plan for their long-term care 
needs.
  Madam Chair, this is just another GOP attempt to dismantle the 
Affordable Care Act one piece at a time. The American people deserve 
better and Congress needs to work together to ensure that Americans of 
all income levels have access to long-term care services in the event 
that they become necessary.
  Madam Chair, I urge my colleagues to vote against passage of this 
misguided legislation that simply ignores the need to address our 
Nation's long-term care crisis.
  The Acting CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule for a period not to exceed 3 hours.
  The amendment in the nature of a substitute recommended by the 
Committee on Energy and Commerce printed in the bill shall be 
considered as an original bill for the purpose of amendment under the 
5-minute rule and shall be considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 1173

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fiscal Responsibility and 
     Retirement Security Act of 2011''.

     SEC. 2. REPEAL OF CLASS PROGRAM.

       (a) Repeal.--Title XXXII of the Public Health Service Act 
     (42 U.S.C. 300ll et seq.; relating to the CLASS program) is 
     repealed.
       (b) Conforming Changes.--
       (1)(A) Title VIII of the Patient Protection and Affordable 
     Care Act (Public Law 111-148; 124 Stat. 119, 846-847) is 
     repealed.
       (B) The table of contents contained in section 1(b) of such 
     Act is amended by striking the items relating to title VIII.
       (2) Section 1902(a) of the Social Security Act (42 U.S.C. 
     1396a(a)) is amended--
       (A) by striking paragraphs (81) and (82);
       (B) in paragraph (80), by inserting ``and'' at the end; and
       (C) by redesignating paragraph (83) as paragraph (81).
       (3) Section 6021(d) of the Deficit Reduction Act of 2005 
     (42 U.S.C. 1396p note) is amended--
       (A) in paragraph (2)(A)(iv)--
       (i) by inserting ``not'' before ``include''; and
       (ii) by striking ``and information'' and inserting ``or 
     information''; and
       (B) in paragraph (3)--
       (i) in the heading, by striking ``Appropriation'' and 
     inserting ``Funding'';
       (ii) by striking ``2015'' and inserting ``2012''; and
       (iii) by adding at the end the following new sentence: 
     ``There is authorized to be appropriated to carry out this 
     subsection $3,000,000 for each of fiscal years 2013 through 
     2015.''.

  The Acting CHAIR. No amendment to the committee amendment in the 
nature of a substitute shall be in order except those received for 
printing in the Congressional Record designated for that purpose in a 
daily issue dated January 31, 2012, or earlier and except pro forma 
amendments for the purpose of debate. Each amendment so received may be 
offered only by the Member who causes it to be printed or a designee 
and shall be considered read if printed.
  Are there any amendments to the bill?


          Amendment No. 2 Offered by Ms. Jackson Lee of Texas

  Ms. JACKSON LEE of Texas. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 5, after line 19, add the following:

     SEC. 3. STUDY ON THE IMPACT OF NOT HAVING LONG-TERM CARE 
                   INSURANCE ON THE FEDERAL, STATE, AND LOCAL 
                   GOVERNMENTS.

       (a) Studies.--Section 2 shall not take effect until--
       (1) the Director of the Congressional Budget Office 
     completes a macroeconomic study and submits a report to the 
     Congress on the impact on the Federal, State, and local 
     governments of not having long-term care insurance; and
       (2) the Secretary of Health and Human Services completes a 
     study and submits a report to the Congress on the best 
     practices necessary to have a viable, financially secure, and 
     solvent long-term care insurance program.
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

  The Acting CHAIR. The gentlewoman from Texas is recognized for 5 
minutes.
  Ms. JACKSON LEE of Texas. Madam Chair, first of all, let me say that 
I was on the floor yesterday regarding the CLASS Act and my approach to 
the CLASS Act. And I recognize that we have had some difficulty with 
putting together the right balance, the right financial structure for a 
very large program. But it does not mean that it does not have purpose.
  The CLASS program deals with long-term care. In my readings I've 
determined that private families and loved ones have given in essence 
$450 billion in private care, meaning that they have taken care of 
their loved ones on their own; $101 billion has been spent by the 
Medicaid program. And I said yesterday that I've had the experience of 
taking care of a dear mother who I lost in 2010, and right now an aunt 
who I am taking care of in 2012. And I've seen a number of friends and 
others who need long-term care. And so the idea of disposing of it to 
me seems incomplete, without projecting back to Health and Human 
Services how can we get this done.
  My amendment would not repeal the CLASS Act until the completion of a 
macroeconomic study.

                              {time}  1540

  We must determine the cost of not having long-term care insurance on 
the Federal, State and local governments before we repeal any programs 
like CLASS that are self-sustaining. CLASS is not taxpayer funded. The 
lack of affordable care is a very serious problem

[[Page 720]]

which, if not addressed, will only add to our growing national debt. 
H.R. 1173 would repeal the CLASS Act in its totality, and I believe 
that that is the wrong direction to go. And so I would be offering my 
amendment to help 26 million Americans who need long-term care services 
in the near future.
  The CLASS Act is a positive intent, and it deals with the fact that 
we all must have balance of burden and benefit. We have to recognize 
that there are those whom we have to help. My amendment would ask for 
that study to be engaged and to ask for the Secretary to come back with 
an analysis of how devastating the impact would be and how high the 
deficit would grow. As the former executive director for the National 
Governors Association noted, failure to reform the underfunded, 
uncoordinated patchwork of long-term care supports and services is a 
failure to truly reforming health care.
  Long-term care is not just for the elderly. It's for those who have 
had catastrophic illnesses, maybe the injured football player or the 
injured skier or a major accident when our loved ones need our 
attention. And, oh, how much can be done with long-term care. How do I 
know it? My mother went into a nursing home and could not walk--but she 
walked out.
  Yes, there is value to helping people restore their lives. And baby 
boomers are already turning 65; 10,000 people will turn 65 every day as 
of January 1, 2011, over the next 25 years. And I'm grateful that 
because of health care and the Affordable Care Act, they will be living 
longer. Therefore, I'm asking that we not throw the baby out with the 
bath water. Allow the Secretary to do this study and to do this study 
that will be helpful to all of us. By 2050, the number of individuals 
using long-term care will increase.
  I would like to reserve the balance of my time.
  The Acting CHAIR. The gentlewoman may not reserve the balance of her 
time.
  Ms. JACKSON LEE of Texas. Let me just say, Madam Chair, to my 
disappointment, I wanted to reserve to engage with my friend. But let 
me just say this: that care involves home residential care, skilled-
nursing facilities, and it will likely double from the 10 million 
services in 2000 to, as I said earlier, 26 million people.
  So it makes sense to accept my amendment that would allow this 
macroeconomic study to look closely at the benefit and the burden of 
not having long-term care. I can assure you that we will be better 
informed to be able to have those instructions, and I would ask my 
colleagues to support this amendment.
  Madam Chair, I rise today in support of my amendment #2, to H.R. 
1173, ``The Fiscal Responsibility and Retirement Security Act of 
2011.'' My amendment would delay the repeal of the CLASS program until 
the completion of a macroeconomic study. We must determine the costs of 
not having long-term care insurance on the federal, state, and local 
governments before we repeal programs, like CLASS, that are self 
sustaining. CLASS is not tax payer funded! The lack of affordable care 
is a very serious problem which, if not addressed, will only add to our 
growing national debt.
  H.R. 1173 would repeal Title VIII of the Patient Protection and 
Affordable Care Act and Supports (CLASS) Program--a national, voluntary 
long-term care insurance program for purchasing community living 
assistance services and supports. Title VIII also authorized and 
appropriated funding through 2015 for the National Clearinghouse for 
Long-Term Care Information (clearing house). H.R. 1173 would rescind 
any unobligated balances appropriated to the National Clearinghouse for 
Long-Term Care Information.
  I ask my colleagues to ensure that the 26 million Americans, who will 
need long term care services in the near future, will be able to 
purchase this care at reasonable prices.
  The CLASS Act is a noble and notable attempt to legislate this issue 
but when the Administration realized that the legislation did not do 
what we thought it would they came forth and did the right thing and 
deemed it to be unsustainable.
  Policy won out over politics because it would be easy to obfuscate 
and forge ahead with implementation even in the face of an obviously 
problematic bill. This indeed was a bold act of integrity for the 
Department of Health and Human Services.
  The inclusion of the long term care infrastructure (CLASS) in health 
care reform was a signature issue for one of the foremost advocates in 
this bicameral body, the late Senator Ted Kennedy who worked tirelessly 
to achieve its enactment.
  As Raymond Scheppach, former Executive Director for National 
Governors' Association noted, ``failure to reform the under-funded, 
uncoordinated patchwork of long-term care supports and services is a 
failure to truly reforming health care.'' This failure defines the 
revolving door of our health care system.
  An estimated 10 million Americans currently need long term care 
services, and that number is projected to reach 26 million by 2050. 
Nearly half of all funding for these services is now provided through 
Medicaid, which is an ever-growing and inexorable burden on states and 
requires individuals to ``spend down'' or, become and stay poor to 
receive the help they need.
  This spend-down activity runs contrary to the American notion of 
putting something away for a rainy day, or to allow for passing on to 
your heirs so that they can see a better day than you.
  Estimates suggest that in the upcoming years the number of disabled 
elderly who cannot perform basic activities of daily living without 
assistance may double today's level. CLASS provides the aging and the 
disabled with a solution that is self sustaining, at no cost to tax 
payers.
  As the estimated 76 million baby boomers born between 1946 and 1964 
become elderly, Medicare, Medicaid, and Social Security will nearly 
double as a share of the economy by 2035.
  Baby boomers are already turning 65. As of January 1, 2011, 10,000 
people will turn 65 every day and this will continue for the next 20 
years. It is reasonable to assume that over time the aging of baby 
boomers will increase the demand for long-term care.
  In addition, individuals 85 years and older are one of the fastest 
growing segments of the population. In 2005, there are an estimated 5 
million people 85+ in the United States; this figure is expected to 
increase to 19.4 million by 2050. This means that there could be an 
increase from 1.6 million to 6.2 million people age 85 or over with 
severe or moderate memory impairment in 2050.
  Repealing the CLASS program does nothing to address the fact that 
private long-term care insurance options are limited and the costs are 
too high for many American families, including many in my Houston 
district, to afford.
  An estimated 10 million Americans needed long-term care in 2000. Most 
but not all persons in need of long-term care are elderly. 
Approximately 63% are persons aged 65 and older (6.3 million); the 
remaining 37% are 64 years of age and younger (3.7 million).
  The lifetime probability of becoming disabled in at least two 
activities of daily living or of being cognitively impaired is 68% for 
people age 65 and older.
  By 2050, the number of individuals using paid long-term care services 
in any setting (e.g., at home, residential care such as assisted 
living, or skilled nursing facilities) will likely double from the 10 
million using services in 2000, to 26 million people. This estimate is 
influenced by growth in the population of older people in need of care.
  Of the older population with long-term care needs in the community, 
about 30% (1.5 million persons) have substantial long-term care needs--
three or more activities of daily living limitations. Of these, about 
25% are 85 and older and 70% report they are in fair to poor health. 
40% of the older population with long-term care needs are poor or near 
poor (with incomes below 150% of the federal poverty level).
  Between 1984 and 1994, the number of older persons receiving long-
term care remained about the same at 5.5 million people, while the 
prevalence of long-term care use declined from 19.7% to 16.7% of the 
65+ population. In comparison, 2.1%, or over 3.3 million, of the 
population aged 18-64 received long-term care in the community in 1994.
  Mr. PITTS. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. PITTS. Madam Chair, again, this amendment continues to ignore the 
reality around the CLASS program.
  The CLASS program has been reviewed by outside analysts, by the HHS 
actuary and the Congressional Budget Office; and just last year the 
Obama administration finally admitted what so many already knew, the 
CLASS program is not workable. In fact, the Congressional Budget Office 
has certified

[[Page 721]]

that not a single person would ever receive benefits from the CLASS 
program. Any effort to preserve a failed program on the books simply 
delays any real attempt to ensure every American has access to 
affordable long-term care coverage.
  From the start, the CLASS program was a Big Government idea that 
independent analysts believed was flawed and unworkable. The American 
Academy of Actuaries, the Congressional Budget Office and even 
officials at the Department of Health and Human Services run by 
Secretary Sebelius had grave concerns about the workability of this 
program. It has been studied. It does not work. If you would have done 
this study before you passed it, we would not have wasted millions of 
taxpayer dollars on a program that was doomed from the start. Perhaps 
we should visit what the failed implementation of the CLASS program has 
done, rather than spend millions on a study of what its removal would 
do.
  I begin by reminding my colleagues that the CLASS program has done 
nothing to help reduce Federal or State spending. In fact, the 
Department spent at least $5 million to implement a failed program and 
an $80 billion hole in the Federal budget. I would also remind my 
colleague that the CLASS program has done nothing for consumers who are 
left with a failed program that was overpromised to the public as part 
of the President's monstrous health care law.
  We must move to take the CLASS program off the books so that we can 
move forward with solutions that work with the private market that are 
affordable for consumers and don't place additional strain on the 
Federal and State budgets.
  Mr. PALLONE. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. PALLONE. I yield to the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. I thank the gentleman. Madam Chair, first 
of all, I want to make sure that my amendment is amendment No. 2 to 
H.R. 1173, and I have another amendment which is amendment No. 1.
  But I do want to respond to the gentleman and just indicate that best 
practices have not been assessed. The point of my amendment is to get 
us focusing on what the numbers need to be to increase the viability of 
life and care for those needing long-term care, juxtaposed against the 
enormous debt and deficit that will occur if no one has long-term care 
or we continue to have to utilize Medicaid, which is at $101 billion, 
private insurance is only at $14.5 billion, and then the burden on 
family members, aging family members, their care. They have put in 
their pound of support at $450 billion. We can at least pay attention 
to new numbers by asking for best practices to be assessed.
  I believe if we do that, we will have the opportunity to do the right 
thing by the American people; and we will be, in essence, being 
productive. No one can deny the fact that having insurance that has 
people being eliminated from insurance for preexisting conditions is 
not good. No one can say that having children on your insurance to 26 
is not good. No one can say that not being kicked out of a hospital bed 
because you have flat-lined on your insurance is not good. It is good.
  We recognize that coming together in a bipartisan manner, we can, in 
fact, make this right, and we can find a way to help those families 
right now. Alzheimer's, where families are taking care of that loved 
one, they need support; and they need it in a structure that can help 
provide them with resources for long-term care.
  I ask my colleagues to support a thoughtful amendment that deals with 
providing additional information. I thank the gentleman for his time. I 
ask my colleagues to support the Jackson Lee No. 2 amendment on a 
macroeconomic study on the benefits and burdens of repealing the CLASS 
Act.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. JACKSON LEE of Texas. I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas will 
be postponed.


          Amendment No. 1 Offered by Ms. Jackson Lee of Texas

  Ms. JACKSON LEE of Texas. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       At the end of the bill, add the following:

     SEC. 3. ENSURING MARKET PENETRATION FOR PRIVATE LONG-TERM 
                   CARE INSURANCE.

       (a) In General.--Section 2 shall not take effect until such 
     date as the Secretary of Health and Human Services certifies 
     to the Congress that at least 60 percent of individuals in 
     the United States who are 25 years of age or older have 
     private long-term care insurance.
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

  The Acting CHAIR. The gentlewoman from Texas is recognized for 5 
minutes.
  Ms. JACKSON LEE of Texas. Madam Chair, I rise with great concern 
about H.R. 1173. And, again, I want to make it very clear that in all 
the course of traveling throughout my district when the Affordable Care 
Act was passed in 2010, there was a great deal of emotion and 
celebration. I take, for example, those senior citizens who were 
continuously falling through the hole on Medicare part D. This 
particular legislation helped close the doughnut hole where seniors' 
prescription drugs did not skyrocket, so they would not have to make a 
decision among their drug prescriptions or their rent or what they ate.

                              {time}  1550

  This amendment is very clear. It simply states Congress resolves that 
health care is necessary for a healthy population, humane treatment of 
impoverished citizens, and to help reduce the budget deficit, and that 
long-term care insurance represents one-third of Federal and State 
spending on Medicaid. It's a simple statement of fact, Madam 
Chairwoman, and I would ask that this simple statement of fact be added 
to this legislation. I think it will be a positive statement. It will 
give us the connectedness to say that we have got to get back to the 
drawing boards and make sure that we have, in fact, the right kind of 
insurance for people in need.
  I can't imagine why we would want to abandon those who need long-term 
care. As I've indicated, it may be a young person who faces a 
catastrophic illness or accident; it may be a child suffering from a 
chronic disease; it may be some of our friends who suffer from issues 
dealing with mental health. In my own community, just recently, one of 
our major hospitals with mental health beds was closed down, 148 beds. 
Who knows what will happen to those patients, some of whom actually 
stayed in that facility for a period of time. We know we don't have 
enough mental health beds and beds for those who need long-term care, 
suffering from conditions dealing with their mental health.
  My amendment is recognition of the fact that the issue of long-term 
care services is not going away. The enormous cost of not providing the 
rainy-day umbrella, the cushion for families and those who are 
suffering from devastating disease just cannot happen. It cannot be 
swept under the rug. The cost curb is steep and growing, and we cannot 
continue to kick the can down the road. Long-term care, again, is 
fundamental. And so, this particular legislation acknowledges that.
  Forty percent of long-term care users today are between the ages of 
18 and 64, as I said. While most people who need long-term care are in 
their seventies and eighties, as I said, many younger people are facing 
the horror of disability or a disability without any way of paying for 
it, without giving relief to their family members. Long-term care is 
expensive and can quickly wipe out hardworking families' savings, which 
gives many families a Hobson's

[[Page 722]]

choice: spend down and wipe out years of hardworking services to 
qualify for Medicaid.
  For those of you who don't know how Medicaid works, because we want 
to be responsible with Federal tax dollars, you have to be down to 
zero--your house has to be sold, your car has to be sold, any assets 
have to be sold, and everything you have goes back into the system.
  Well, I know there are people who believe that they want to pay part 
of this burden, but there are others who understand that, in addition 
to paying, why should they be made completely indigent? Why can't that 
person remain in their home, even with care--which is another part of 
long-term care. It gives the opportunity for families to be together 
and for that individual who is injured to be able to be taken care of 
inside their home with a loving family but yet having the long-term 
care providers.
  This is a simple statement. I hope my colleagues will not oppose the 
idea that long-term care is important and that we have to respond to it 
by way of ensuring that we don't grow the deficit. The average lifetime 
long-term care spending for a 65-year-old is $47,000; 16 percent will 
spend $100,000 and 5 percent will spend $250,000.
  There's no doubt that we need relief. Nationwide, the median annual 
cost of a nursing home in 2010 was $75,000, room and board, in an 
assisted living facility. This is a crisis that will impact the debt; 
and, therefore, I would argue that repealing the CLASS Act without a 
positive statement, Madam Chair, of how important it is is tragic.
  I ask my colleagues to support the Jackson Lee amendment. Stand up 
and be counted for the value of long-term care support here in America.
  Madam Chair, I rise today in support of my amendment #1 to H.R. 1173, 
``The Fiscal Responsibility and Retirement Security Act of 2011.'' My 
amendment states, ``Congress resolves that health care is necessary for 
a healthy population, humane treatment of impoverished citizens, and to 
help reduce the budget deficit; and that long-term care insurance 
represents one-third of federal and state spending on Medicaid.''
  H.R. 1173 would repeal Title VIII of the Patient Protection and 
Affordable Care Act and Supports (CLASS) Program--a national, voluntary 
long-term care insurance program for purchasing community living 
assistance services and supports. Title VIII also authorized and 
appropriated funding through 2015 for the National Clearinghouse for 
Long-Term Care Information (clearing house). H.R. 1173 would rescind 
any unobligated balances appropriated to the National Clearinghouse for 
Long-Term Care Information.
  My amendment is recognition of the fact that the issue of long-term 
care services is not going away. It cannot be swept under the rug. The 
cost-curve is steep and growing. We cannot continue to kick the can 
down the road: long-term care is fundamental.
  As our nation's population ages, there is an increasingly urgent need 
to find effective ways to help Americans prepare for their individual 
long-term care needs. Almost seven out of ten people turning age 65 
today will need some help with their activities of daily living at some 
point in their remaining years.
  Forty percent of long-term care users today are between the ages of 
18 and 64. While most people who need long-term care are in their 70s 
and 80s, many younger people, particularly those living with a 
significant disability, also may need assistance.
  Long-term care is expensive, and can quickly wipe out hardworking 
families' savings, which gives many families a Hobson's choice: spend-
down and wipe out years of hard-earned savings to qualify for Medicaid.
  While costs for nursing home care can vary widely, they average about 
$6,500 a month, or anywhere from $70,000 to $80,000 a year. And these 
costs are only becoming more expensive.
  People who receive long-term care at home spend an average of $1,800 
a month. The average lifetime long-term care spending for a 65 year old 
is $47,000; 16 percent will spend $100,000 and 5 percent will spend 
$250,000. And many of these people have other expenses as well.
  Nationwide, the median annual cost of a nursing home in 2010 was 
$75,000; room and board in an assisted living facility, with no 
additional help, was $37,500; an attendant that provides home care and 
no medical tasks, like the dispensing of medication, is paid 
approximately $19 an hour.
  These expenses are left to America's seniors and people with 
disabilities (and their adult children) to pay for out of pocket until 
their pockets are all but empty. As this body knows well, Medicare only 
covers short-term and limited long-term care services, and the Medicaid 
safety net is only available to those who have depleted virtually all 
of their resources as a result of being frail or suffering from 
dementia. Many people are left in dire situations and are truly at 
society's mercy.
  Today, there are many Americans with disabilities who want to and are 
able to work and thereby maintain independence and contribute 
financially to their families. However, if they depend upon an 
attendant to drive them to their job or help them shop, use the toilet, 
or bathe, they must have enough additional financial resources to pay 
for such assistance, or have low enough incomes to qualify for 
Medicaid.
  Long-term care insurance is the most popular of the private options 
available, but less than 3-percent of the American people have long-
term care insurance, meaning there is a wide gap and acute lack of 
awareness. The CLASS Act sought to bridge this gap and has come up a 
little short. However we cannot, as a Congress, pretend the problem is 
going away.
  My amendment recognizes that long-term care must be addressed as 
millions of baby boomers have already begun turning 65. The aging 
population and the disabled need viable options for their care. Taking 
away a program that is intended to meet the future needs of our aging 
is the wrong approach. We should be focused on ways to boost our 
economy, providing increased access to affordable care to seniors, low 
income, and the disabled, and job creation. We should not be 
eliminating programs that aim to sustain our aging population.
  Mr. PITTS. Madam Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. PITTS. Madam Chair, this amendment continues to ignore the 
reality. The CLASS program is simply not workable. Keeping the CLASS 
program and pretending that it will ever work does absolutely nothing 
and offers no help to millions of Americans who want to maintain their 
health. Any effort to preserve a failed program on the books simply 
delays any real attempt to ensure every American has access to 
affordable, long-term care coverage.
  From the start, the CLASS program was a Big Government idea that 
independent analysts believed was flawed and unworkable. In fact, the 
Obama administration officials pointed out serious concerns with the 
CLASS program as early as the beginning of 2009. While those concerns 
went ignored by the administration until earlier this fall, now is not 
the time to stall its repeal.
  Yesterday, Senator Harkin told reporters that the only way to make 
CLASS work is to make it mandatory. Are the supporters of the CLASS Act 
really advocating another mandate? Keeping CLASS on the books is a step 
in that direction.
  Keeping the CLASS program on the books also further threatens the 
private market and the nearly 8 million Americans who have private 
long-term care insurance today. You cannot have a functioning long-term 
care insurance market if there is a continued threat of a government 
takeover of that market.
  We need long-term care reform that builds on what the private market 
provides, not destroys it. I hope that those on the other side of the 
aisle have the courage to admit their mistake, repeal this law, and 
begin to work on a real, workable long-term care policy.
  I urge Members to oppose this amendment.
  Madam Chairman, I yield back the balance of my time.
  Mrs. BLACKBURN. Madam Chairman, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Tennessee is recognized for 5 
minutes.
  Mrs. BLACKBURN. Madam Chairman, I oppose the amendment, and I stand 
here today in support of repealing the CLASS Act.
  You know, it's been almost 2 years since we sought passage of the 
ObamaCare bill in this Chamber, and it is something that we have worked 
since taking the majority to repeal this and get it off the books; and, 
indeed, what we are seeing is a need to get this CLASS Act off the 
books.

[[Page 723]]

  Despite the Federal Government's best efforts, there is no way to 
show that this is going to save money. Indeed, in a budget gimmick, as 
we were discussing this bill in committee a couple of years ago, what 
they did was to come in and say, Oh, this will save $80 billion. Oh, 
let's add title 8 to the bill, let's add sections 8001 and 8002 to this 
legislation, and let's create this little pool here where we're going 
to have near-term expenses that are supposed to yield us some long-term 
savings. The problem is all the new math you wanted to put to work on 
this, Madam Chair, there was no way to show that it was ever going to 
save money. And, indeed, Secretary Sebelius, who is the Health and 
Human Services Secretary, was forced to admit last October that there 
was no path forward for this program.
  So what we need to do is to say this was a mistake. It doesn't save 
money. It is not going to address a problem. It is something that needs 
to come off the books. It is a way we can step forward and we can take 
a program off the books. And I encourage my colleagues to support 
ending the CLASS Act, getting it off the books.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. JACKSON LEE of Texas. I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas will 
be postponed.

                              {time}  1600


                 Amendment No. 4 Offered by Mr. Deutch

  Mr. DEUTCH. Madam Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill, add the following new section:

     SEC. 3. PREVENTING AN INCREASE IN MEDICAID SPENDING.

       Section 2 (other than subsection (b)(3)(B) of such section) 
     shall not take effect until 90 days after the date on which 
     the Comptroller General of the United States certifies to 
     Congress that failure to implement the CLASS program 
     established under title XXXII of the Public Health Service 
     Act will not increase State and Federal spending for long-
     term care under the Medicaid program under title XIX of the 
     Social Security Act.

  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. DEUTCH. Madam Chair, although I regret that this Congress is 
considering the full repeal of a promising effort to address the 
looming long-term care crisis in our country, I have to admit I'm not 
surprised. This is the action of a Congress deserving of America's low 
opinion of us.
  We know the facts. A vote against this amendment is a vote for 
increased Medicaid spending.
  No one is immune from becoming disabled or growing old, yet just 10 
percent of Americans over age 50 can afford long-term care insurance. 
As a result, a staggering 90 percent of Americans rely on long-term 
care provided by Medicaid. It is no wonder that over a third of 
Medicaid spending is on long-term care, not on checkups for 
impoverished children, not on prenatal care for poor, expectant 
mothers. No, it is the expensive, institutionalized long-term care 
funded by Medicaid.
  The goals of the CLASS program represented an alternative to this 
system on which we all could have agreed, a fully solvent, affordable, 
premium-financed, long-term care program. It emphasizes personal 
responsibility, lessens the burden on taxpayers, and reduces 
unnecessary Medicaid spending.
  Sometimes, as things happen here, Congress passes imperfect 
legislation. But rather than address these imperfections, the 
legislation before this House today gives up on our grappling with this 
long-term care crisis altogether.
  We've overcome challenges like this before. In the early 1980s, 
Social Security faced a crisis. So what happened? Did my Republican 
friends, concerned about having an imperfect law on the books, 
castigate what they called ``RooseveltCare'' and bring to the floor a 
two-page bill to revoke the Social Security Act? That's not, 
thankfully, what happened. What did happen was that Democrats and 
Republicans worked together, with President Reagan, and strengthened 
Social Security. As a result, Social Security continues to keep 
millions out of poverty, ensuring against the universal risk of old 
age, disability, or death of a breadwinner.
  The amendment I offer today would prevent repeal of the CLASS Act 
from taking place if failure to implement the CLASS program would 
increase State and Federal Medicaid spending.
  Greater reliance on the safety net has led many to conclude that 
Medicaid has become unaffordable. Instead of cutting basic health care 
for our most vulnerable--the elderly, the disabled, poor children--we 
ought to reduce Medicaid spending. We ought to put more Americans back 
to work. We ought to make private health insurance more affordable.
  There are many prescriptions for reducing Medicaid spending; but 
let's be clear, repeal of the CLASS Act and upholding our long-term 
care crisis is not among them. The Congressional Budget Office 
estimates that even the imperfect CLASS bill that passed would reduce 
Medicaid spending by at least $2 billion.
  If more older Americans had access to affordable long-term care 
insurance, middle class seniors could secure a less costly, more 
independent lifestyle in their own homes instead of spending down into 
poverty to receive expensive, institutionalized care.
  What message is Congress sending by repealing CLASS? We are 
proclaiming that the current system, which incentivizes elder poverty 
and forces seniors to blow through their life savings, is just fine. 
Save nothing. Pass what you do have on to your children before you get 
sick. Own little property, and don't purchase long-term care insurance. 
Follow this plan and you'll be eligible for expensive, 
institutionalized care through Medicaid. If CLASS is repealed, it is 
exactly the children and grandchildren that my friends on the other 
side say they worry about who will pay the cost.
  A premium-financed long-term care program would shift people from 
reliance on Medicaid. This should be our shared goal. We ought to work 
together to fix a program that represents the first real path toward 
making affordable long-term care available to middle class families who 
want to secure themselves against possible poverty.
  I respectfully ask my colleagues to support this amendment, because 
reducing Medicaid spending while improving the lives of seniors and 
persons with disabilities is a conversation worthy of this office.
  And with that, I yield back the balance of my time.
  Mr. PITTS. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR (Mr. Yoder). The gentleman from Pennsylvania is 
recognized for 5 minutes.
  Mr. PITTS. Mr. Chairman, this amendment would simply ignore the 
millions of dollars that have been spent by this administration to 
reach the same conclusion that so many unbiased analysts had said for 
years: The CLASS program is unworkable, causing a liability for the 
potential beneficiary and the taxpayers alike.
  This amendment would promote reckless governing that maintains a 
failed program for further meddling. The CLASS program has done nothing 
to decrease Medicaid spending, and its inclusion in the Patient 
Protection and Affordable Care Act was a budget gimmick, a budget 
gimmick that will cost the American taxpayers $80 billion over the next 
10 years.
  Alternative policies, such as the Long-Term Care Partnership Program, 
which was signed into law by President Bush, have decreased Medicaid 
spending and deterred Americans from making Medicaid their primary 
payer of long-term care services. That program alone has done more for 
Medicaid spending than CLASS ever will.

[[Page 724]]

  We can and should do more to decrease Medicaid spending and ensure 
Americans have the access they need to affordable long-term care 
coverage, but government intrusion into the market is not the way to 
go. However, we cannot move forward in thinking about better long-term 
care policies with this failed program hanging over us.
  Yesterday, Senator Harkin made it clear that the problem with the 
CLASS program was that it was voluntary. A vote in favor of this 
amendment is a vote in favor of another mandate on the American people.
  Enough is enough. We must get this failed program off the books so 
that we can move forward in establishing long-term care policies that 
work for the American taxpayers, not those that further bankrupt this 
country.
  With that, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Deutch).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DEUTCH. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.


                 Amendment No. 5 Offered by Mr. Deutch

  Mr. DEUTCH. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the bill, add the following new section:

     SEC. 3. CLASS PROGRAM FLEXIBILITY.

       (a) In General.--Subject to subsection (b), section 2 
     (other than subsection (b)(3)(B) of such section) shall not 
     take effect until such date on which each of the following 
     has been satisfied:
       (1) The Secretary of Health and Human Services submits to 
     Congress a report including a determination made by the 
     Secretary on whether or not the Secretary has the authority 
     to implement the CLASS program under title XXXII of the 
     Public Health Service Act and develop and implement the 
     benefit plans described in subsection (c).
       (2) In the case the Secretary determines the Secretary does 
     not have the authority described in paragraph (1), the 
     Secretary includes in the report described in such paragraph 
     recommendations for statutory changes needed, and a 
     recommended list of statutory provisions that would need to 
     be waived, to provide the Secretary with such authority.
       (3) In the case the Secretary determines the Secretary does 
     not have the authority described in paragraph (1), not later 
     than 90 days after the submission of such report and 
     recommendations, Congress has considered and rejected such 
     recommendations.
       (b) Exceptions.--
       (1) Section 2 (other than subsection (b)(3)(B) of such 
     section) shall not take effect if the Secretary of Health and 
     Human Services determines under subsection (a)(1) that the 
     Secretary has the authority described in such subsection and 
     the Secretary develops the 3 benefit plans described in 
     subsection (c).
       (2) In the case the Secretary determines under subsection 
     (a)(1) that the Secretary does not have the authority 
     described in such subsection and Congress has not considered 
     and rejected the recommendations described in subsection 
     (a)(2) by the deadline described in subsection (a)(3), 
     section 2 (other than subsection (b)(3)(B) of such section) 
     shall not take effect and the Secretary shall have the 
     authority to waive the provisions recommended by the 
     Secretary to be waived under the report described in 
     subsection (a)(2).
       (c) Actuarially Sound Benefit Plans.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Health and Human Services shall develop 3 
     actuarially sound benefit plans as alternatives for 
     consideration for designation as the CLASS Independence 
     Benefit Plan described in section 3203 of the Public Health 
     Service Act that address adverse selection and have market 
     appeal, regardless of whether such plans satisfy the 
     requirements described in subsection (a)(1) of such section.

  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. DEUTCH. Mr. Chairman, this amendment reads, ``The Secretary shall 
develop three actuarially sound benefit plans.''
  This amendment's small fix gives the administration the ability to 
implement a program that enjoys the support of two-thirds of all 
Americans, including, I should add, over half of Republicans. The 
stipulation for moving forward, however, is that CLASS is implemented 
on an actuarially sound basis.
  The distinguished gentleman from Louisiana and author of the 
underlying bill has expressed some opposition to my amendment, 
suggesting that it will waive the solvency requirement. I respect the 
gentleman's work and service, but I regret that the claim is simply 
untrue.
  This amendment gives the Secretary waiver authority only after three 
requirements are met. The plan must be actuarially sound, must address 
adverse selection, and must have market appeal.
  The deliberate obfuscation of this amendment's intention is a 
textbook example of why American's are fed up with Washington. I would 
work with anyone in any party to protect the financial security of 
middle class and near-retirees. But when attempts to improve the 
existing law in a fiscally responsible way are treated in this manner, 
it is no wonder why we can't get things done.
  The bill's proponents say, Trust us. We'll replace this. 
Unfortunately, over a year ago they said the same thing about the 
Affordable Care Act. Instead we had repeal and replace, minus the 
replace.
  As we all know, the CLASS program, as drafted, is facing challenges 
of implementation. Critics have focused on fiscal sustainability. The 
good news is that there is a fiscally sustainable path forward. With 
greater flexibility, a program could be designed that addresses adverse 
selection and improves market appeal.

                              {time}  1610

  We must remember that even with implementation, CLASS would only be a 
start addressing a very serious long-term care crisis.
  Looking back on our history would serve us well today. In the infancy 
of Social Security, Senator William H. King, a Democrat from Utah, 
supported the Clark amendment which would have undercut the Social 
Security program. He was concerned that Social Security would crowd out 
private pensions and conditioned his support of Social Security upon a 
guarantee that the Clark amendment would later be taken up.
  When Congress returned, Senator King was asked about the amendment. 
He said, You can forget about the amendment. The passage of the Social 
Security Act has got everybody talking about pension plans. You can 
forget it forever.
  Americans ought to be talking about long-term care. We should all be 
lucky enough to grow older. We should all be lucky enough to retire in 
south Florida.
  However, no one is immune from the frailty of old age, and no one is 
exempt from disability.
  I can't help but think of a very impressive man from south Florida, a 
good friend named Alan Brown, who, on January 2, 1988, at the age of 
20, was hit by a strong wave at the beach that caused a catastrophic 
spinal cord injury that leaves him a quadriplegic to this day.
  Mr. Brown has an endless list of expenses from his wheelchair and 
medication, to disability through accessible transportation, and long-
term care. Even while holding two jobs, he struggles to support his 
family in the face of rising health care costs.
  As lawmakers, it is our responsibility to remember that those who are 
young and healthy may not always remain so and act on the fact that 
long-term care is out of reach for the majority of Americans. Any one 
of us could experience an unpredictable accident like Mr. Brown. If 
that is not compelling enough, the inevitability of aging should be.
  What message is this Congress sending when our response to the long-
term care crisis is ``just say no''? Why should Americans be thinking 
about long-term care if their leaders in Congress answer a complicated 
and systemic problem with a politically charged two-page bill?

[[Page 725]]

  If the Secretary were given the flexibility in my amendment, the 
CLASS program would remain the furthest thing from an entitlement, as 
it would remain fully financed by premiums. This fix to CLASS is true 
fiscal responsibility, an individual retirement security; and I 
respectfully urge my colleagues to support it.
  Mr. GINGREY of Georgia. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GINGREY of Georgia. Mr. Chairman, the amendment No. 5, or Deutch 
2, is an amendment essentially that the Secretary of Health and Human 
Services has already looked at, some of these provisions, in eight 
different ways in trying to come up with some possibility of certifying 
the fiscal solvency of this CLASS Act within the 75-year budget window, 
the out-years.
  Thank goodness, Mr. Chairman, for the wisdom of Senator Judd Gregg on 
the Senate side when that amendment was accepted in the health 
committee. I don't know whether it was unanimously accepted by the 
Democrats, but I think it was. Again, the prescience and the wisdom of 
Senator Gregg is something the American people should be, and I think 
will be, eternally grateful for.
  The Secretary looked at the possibility of saying that we'll make 
this fiscally solvent if we eliminate eligibility for anybody with a 
preexisting condition. Then they said, Well, no, that's not going to 
work. So let's say, how about a 15-year waiting period for someone with 
preexisting conditions. Finally, ultimately, looked at the possibility 
of yet again making this part of ObamaCare, the CLASS program, a 
mandatory participation. How has that worked out for them thus far in 
regard to the exchange in young people being forced, under the ruse of 
the Constitution, of the commerce clause, to do that under the penalty 
of law, increase taxes or penalties, or whatever they want to call it? 
Well, the Supreme Court will ultimately make that decision.
  Mr. Chair, the Secretary had every opportunity to look at this. We 
are talking about, I say to the gentleman from Florida, over an 18-
month period of time, and they absolutely could not certify it.
  You can delay and delay and delay, but what part of ``no'' does the 
gentleman not understand? No, this will not work. This amendment is 
unnecessary. We know that this program will not work.
  My colleagues on the other side of the aisle, they want to leave the 
provision in the bill. They want to let it stand there so they can 
somehow maybe with the next administration or with the next chairman of 
the Energy and Commerce Committee or whomever on their side of the 
aisle might want to resurrect Freddy Krueger one more time on the backs 
of the American taxpayer. This is a fiscal train wreck.
  Mr. Chairman, the bill actually calls for the provision of a plan at 
a date certain, October of 2012. I'm an OB/GYN physician. That's less 
than 9 months. That goes quickly. I know that about 9 months.
  When you get there, folks that are looking and counting on the CLASS 
program long-term care insurance, they want to sign up for it. And the 
Federal Government says, I know it's on the books, I know it's still 
part of the law, I know we are obligated to have a program for you to 
choose from by October 1, 2012; but we decided not to go forward with 
it. What's to prevent them from suing the Federal Government? While 
these lawsuits are pending and going on and on and on--as an attorney 
jobs bill, it would have some merit. In the meantime, the private 
market for long-term care insurance, they are not innovative. They are 
not going to do anything until the legality of that is cleared up.
  We feel very strongly that this would be a bad amendment, and I 
strongly oppose it.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Deutch).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DEUTCH. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.
  Ms. MOORE. Mr. Chair, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Wisconsin is recognized for 5 
minutes.
  Ms. MOORE. Here we are again, ladies and gentlemen. The lights are 
up, the music is playing and my Republican colleagues are doing the 
same old song and dance for the American people. The Republicans have 
spread out their sand, and they're doing their best soft-shoe routine, 
trying to convince the American people that the repeal of this bill is 
in their best interest. As the saying goes, if it ain't broke, don't 
fix it. Yet we find ourselves here debating the repeal of a law that 
would have sought to address the long-term crisis burgeoning in this 
country.
  Mr. Chairman, to most people, finding a solution to the long-term 
care insurance crisis in this country seems like a good law. It must be 
if 56 national groups, including AARP and SEIU, are against repealing 
the CLASS Act.
  Once again, my Republican colleagues are trying their best to 
distract the American people from their not seeking a solution with 
this repeal-the-bill sideshow.
  As we debate this repeal, I have heard so many of our colleagues 
refer to the President needing to come and apologize for introducing 
this provision in the Affordable Care Act. It occurs to me that the 
effort to embarrass the President, to harass him, to defy him, that 
that is more important than finding a solution to the growing challenge 
of the aging population. Indeed, it is an emerging burgeoning problem.

                              {time}  1620

  Ten million Americans need long-term care. Over the next decade, 
another 5 million Americans will require this care, bringing the total 
to 15 million people. The problem is only becoming more challenging 
with estimates that nearly 70 percent of people--the baby boomers--will 
need some level of long-term care after turning 65. An additional issue 
is that this is a heavy burden on family budgets.
  This law was seeking to provide a national, voluntary, and self-
sustaining insurance program for assistance services to aid elderly and 
disabled people. It would allow individuals to live independently at 
home and in the community for as long as possible without impoverishing 
themselves.
  It seems that my Republican colleagues are content to defer the 
dreams of millions of Americans to live with some sort of dignity as 
they age. As we enjoy this Black History Month, it reminds me of one of 
my favorite poets, an African American poet who would be 110 years old 
today, Langston Hughes:

       What happens to a dream deferred? Does it dry up like a 
     raisin in the Sun? Or fester like a sore--and then run? Does 
     it stink like rotten meat? Or crust and sugar over--like a 
     syrupy sweet? Maybe it just sags like a heavy load. Or does 
     it explode?

  Republicans want to put one man out of a job and would defer the 
dreams of millions of Americans. Yet, while they continue their song 
and dance, Mr. Chair, denying seniors the long-term care that they 
deserve and putting more and more Americans out of work, I hope the 
American people recognize who is really on their side before we see the 
American Dream of living and retiring in dignity explode.
  With that, I yield back the balance of my time.
  Ms. LEE of California. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. LEE of California. Let me first thank Congresswoman Gwen Moore 
for her very passionate and very clear statement. I thank both she and 
Congressman Ellison for their unwavering leadership and conviction on 
the real

[[Page 726]]

issues facing the American people today.
  As a former cochair of the Congressional Progressive Caucus and as a 
cofounder of the Congressional Out of Poverty Caucus, I rise in strong 
opposition to this bill.
  Mr. Chairman, members of the Progressive Caucus are here because, 
once again, the Republican leadership would rather attack the President 
than help the millions of struggling seniors, people with disabilities 
and their families who are faced with a system that fails to meet their 
very basic needs. This should really be a nonpartisan issue, but we are 
here today because Republicans are more focused on ending Medicare and 
repealing a long-term care program than they are on creating jobs to 
put Americans back to work.
  Last year, the Republicans' first order of business was to 
eliminate--mind you, eliminate--the Medicare guarantee for America's 
seniors under the Ryan budget proposal. This year, it's the same old 
story. Instead of focusing on jobs or on extending middle class tax 
cuts, unemployment assistance, or fixing the Medicare physician pay 
rate, this Tea Party Congress continues to waste time on pointless 
bills just to score political points.
  Repealing the CLASS program will do nothing--nothing--to address the 
long-term crisis for the 10 million Americans who need care now and the 
5 million more who will require it over the next 10 years. Killing this 
program without offering any alternative is, frankly, irresponsible. 
The law may not be perfect, but repealing the bill does not make the 
problem go away. We should be doing everything we can to ensure that 
senior citizens and the disabled also have a shot at the American 
Dream. We should not destroy this for them just because of their ages 
or their disabilities. Why in the world would the Republican Tea Party 
want to throw them under the bus?
  We should work to find a real solution that meets the needs of the 
millions of baby boomers who are retiring now, of the senior citizens 
and the disabled, and we should work to ensure that they get the long-
term care over the next decade that they will need. Rather than repeal 
this bill today, we need to give experts time to identify changes that 
would make the CLASS program stronger, and Congress needs to focus on 
the real priorities of the day, which are jobs and the economy.
  We have work to do, and we don't have a minute to waste. Let's not 
waste another year without a jobs bill and without extending vital 
unemployment benefits and payroll tax reductions to millions of 
Americans while our economy continues to recover. It is time for the 
Republican Tea Party to stop walking away from our senior citizens and 
the disabled and to work with us to continue middle class tax cuts, 
unemployment assistance, and to ensure that seniors can keep seeing 
their doctors.
  We need to come together now to enact bold programs and policies that 
provide equal opportunity and equal access for every single American no 
matter their race, no matter their employment status, no matter their 
humble beginnings, no matter their ages, no matter their disabilities. 
Americans can't wait. This Congress should not wait. We need to really 
figure out a way to do the right thing on behalf of our senior citizens 
and the disabled, but I have to say that today, unfortunately, this 
bill moves us in the wrong direction.
  I yield back the balance of my time.
  Ms. HAHN. I move to strike the last word.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Ms. HAHN. Mr. Chairman, I rise today in strong opposition to H.R. 
1173, the Republican legislation to repeal the CLASS program.
  CLASS was designed to be the first Federal voluntary long-term care 
program, making long-term care more accessible and affordable for 
millions of Americans. The idea behind the CLASS program is to provide 
Americans, especially our seniors, with peace of mind if they suffer 
from an unexpected long-term illness or injury.
  We have a long-term care crisis in this country. According to 
Secretary Sebelius, ``an estimated 15 million Americans will need some 
kind of long-term care, and fewer than 3 percent have a long-term care 
policy.'' Because Medicare and other existing programs do not cover 
these services, we must work together to find a solution. As my 
Republican friends know, however, the CLASS program as enacted will not 
be implemented. Secretary Sebelius informed Congress last October that 
she did not ``see a viable path forward for CLASS implementation at 
this time.'' In other words, this legislation we are debating today is 
not needed.
  Instead of legislation to create jobs and grow our economy, our 
Republican friends are focused on repealing a program that has already 
been suspended. I want to encourage my friends on the other side of the 
aisle to take a step back and focus on the things we could be doing 
together to make long-term care more affordable and accessible.
  I have encountered in my own life the issue of providing long-term 
care. My dear, sweet mother, before she passed away last summer, 
received long-term care services for years, and I will always remember 
the warmth and affection her caregivers showed her and my family day in 
and day out. What we should be doing today is ensuring that the 
hardworking men and women who provide care for our seniors in their own 
homes earn a living wage, because these jobs are the jobs that make a 
difference and that bring happiness to those who need their help the 
most.
  With robust job growth predicted in the health care sector over the 
next decade, it is imperative that we support long-term care services 
and those who provide those services. This is a win-win for the 
American economy. Not only do long-term care services provide jobs, but 
we know, if our seniors can be taken care of in their own homes, it can 
save Americans money in the long run. I fear, however, that this 
legislation is meant as a step towards dismantling the health care 
reform law that Congress passed and that the President signed, a law 
that will help millions of Americans obtain better and more affordable 
health care coverage over the next decade.
  Thanks to the Affordable Care Act, insurance companies cannot deny 
coverage to people with preexisting conditions. Thanks to the 
Affordable Care Act, Americans now have access to free preventative 
care services. Thanks to the Affordable Care Act, small businesses can 
receive tax credits to provide their employees with health coverage. 
Thanks to the Affordable Care Act, children can stay on their parents' 
insurance until they're 26. We just hope they don't move back home.
  To my colleagues on the other side, let's not work to strip these 
provisions, putting power back in the hands of for-profit insurance 
companies. We do not need this legislation. Instead of repealing a 
program that is not moving forward, why don't we work on replacing it 
with a better long-term care program. The Affordable Care Act is not a 
perfect law. That's why we should be working together to fix the 
problems, not just to repeal them. Those problems will remain even if 
we repeal this part of the law. Mr. Chairman, I urge my colleagues to 
stop this needless debate and legislation and get to work on the real 
issues at hand.

                              {time}  1630

  Mr. JOHNSON of Georgia. Mr. Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. JOHNSON of Georgia. Mr. Chairman, I rise in opposition to 
repealing the CLASS Act.
  You know, we all get old, or hopefully we will all get old and reach 
an elderly status, and we will then perhaps become physically unable to 
get around a whole lot and we may need to have some long-term care. Tea 
Partiers will need it. Occupy Wall Streeters will need it. Mitt Romney 
and his group of 15 percent taxpayers will need it. The only question 
is whether or not the 99ers and the Tea Partiers will be able to afford 
it. That is the only question. We're in the same boat.
  The CLASS Act was included in the health care law in order to help 
elderly

[[Page 727]]

and functionally disabled Americans purchase the services they need, 
which would enable them to continue living in their communities, as 
opposed to being forced into expensive private care which most of us 
can afford.
  So I understand that HHS had determined that the CLASS Act cannot be 
implemented as written based on financial considerations; but, ladies 
and gentlemen, that's no reason to throw out or to repeal this 
worthwhile initiative. We certainly need to improve it, but there's no 
need to repeal it.
  No matter what side of the political aisle you sit on, you cannot 
ignore that we need to improve access to long-term care. Approximately 
10 million Americans are in need of long-term care, and this number is 
expected to increase to 15 million over the next decade. America is 
aging.
  In 2009, an estimated 62 million unpaid family caregivers provided 
$450 billion in care. At what cost to their jobs, to their family life 
with their children?
  In 2011, the average annual cost of a nursing home was $70,000. Who 
can afford that?
  The cost of long-term care is an unsustainable burden on family 
members who, while also holding a job and raising a family, struggled 
to provide their disabled or elderly relatives with the care that they 
need to continue living within their own communities.
  The CLASS Act is a voluntary program. It's no mandate. Don't get it 
twisted. There is no mandate, individual mandate for the CLASS Act. 
It's a voluntary program that relies on free market principles of 
responsibility and competition that my colleagues in the Republican 
Party claim to revere. There's no mandate in this program. It would 
allow families of all means to plan for a secure future where a long 
life or a disability does not lead to financial ruin.
  Take, for instance, one of my constituents, Linda Rawlins. Linda was 
the primary caregiver for her elderly mother until her recent passing. 
Linda told me that she supports the CLASS Act because millions of 
Americans just like her feel overwhelmed or face financial distress due 
to their roles as family caregivers who cannot receive any kind of 
assistance.
  Although Linda's mother received long-term care through a local 
senior assistance program that enabled her to continue living at home, 
Linda knows that not everyone is so lucky. Having access to long-term 
care services enabled Linda's mother to live independently with grace 
and with dignity. It allowed Linda to keep her job and helped relieve 
the emotional and financial strains placed on her and her family as she 
oversaw her mother's care.
  Linda and I feel like everyone should have that kind of support, and 
the CLASS Act is a good place to start. Repealing the CLASS Act without 
any attempt to improve it is a rash political move, and I urge my 
colleagues to oppose the bill.
  I yield back the balance of my time.
  Mr. GINGREY of Georgia. Mr. Chairman, I move to strike the requisite 
number of words.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GINGREY of Georgia. My good friend, my very good friend from 
Georgia, the gentleman from DeKalb, made the statement about what is 
the reason; there is really no reason to strike this; why not leave it 
on the books. And I think that's the argument we have heard all 
afternoon in regard to the position of the Democratic side.
  But let me just read a few passages from a report that we requested 
from the Congressional Research Service as to why, in response to my 
friend from DeKalb and my good colleague from Georgia:
  Judicial review assumes that the Secretary takes no further action to 
comply with the CLASS Act's statutory mandate to designate a benefit 
plan by October 1, 2012.
  The Secretary would appear to be committing a facial violation of the 
statutory requirement to designate such plan. Her failure to take such 
action conceivably could be challenged in court under the 
Administrative Procedure Act, APA, which defines agency action to 
include the failure to act.
  They go on to say:
  The CLASS Act does not preclude judicial review and the Secretary's 
designation of a benefit plan is a mandatory, as opposed to a 
discretionary requirement.
  So judicial review does not appear to be precluded. Therefore, if the 
Secretary fails to perform the action required by the statute, that 
inaction would appear to be reviewable.
  I continue:
  A failure by the Secretary to designate a CLASS benefit plan by 
October 1, 2012, presumably predicated upon a determination by her--
that is not possible to develop three actuarially sound benefit plans 
that meet all the requirements of the act--would appear to be a final 
agency action from which ``legal consequences will flow.''
  Inaction by the Secretary in designating a plan by the deadline could 
be found by a reviewing court to constitute noncompliance with a 
statutory mandate. Thus, after October 1, 2012, the Secretary's failure 
to take an action legally required of her would appear to meet the 
standard for judicial review of agency inaction unlawfully withheld 
under the APA, Administrative Procedure Act, provision prescribing the 
scope of judicial review of agency action.
  I asked one of my colleagues a few minutes ago, What part of ``no'' 
do you not understand?
  Mr. JOHNSON of Georgia. Would the gentleman yield?
  Mr. GINGREY of Georgia. I yield to the gentleman.
  Mr. JOHNSON of Georgia. Thank you, my friend from Georgia.
  What you've just said is that it's essentially a failure to act, to 
publish regulations or to promulgate regulations that would lead to the 
enactment of this CLASS Act, becomes a final agency action. In other 
words, failure to act becomes a final agency action which then enables 
an appeal or judicial review, the review being for the purposes, I 
suppose, of failing to follow the law, which would, of course, be in 
support of the underlying legislation, the CLASS Act.

                              {time}  1640

  So I would argue that the regulation that you cite would actually 
enhance the ability of us to come to a reasonable way of financing this 
voluntary program.
  Mr. GINGREY of Georgia. Reclaiming my time from the gentleman, look, 
Mr. Chairman, the gentleman is an attorney. I'm just an old country 
doctor. But, you know, this is plain language, and I'll be happy to 
provide his office with a copy of this Congressional Research Service 
report. I'm not going to get deep into the weeds of the legal argument 
back and forth, but this is about as plain as the nose on your face.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. ELLISON. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. ELLISON. Mr. Chairman, I tell you what's as plain as the nose on 
your face, what's as plain as the nose on your face is that the 
Republicans are getting rid of a plan for long-term care without 
offering any alternative plan in its place. They're just stripping 
what's there without saying here's what we're going to do.
  But I have a memory, Mr. Chairman. What I remember is that for long 
stretches of time in the last decade, Republicans had both houses and 
the Presidency, didn't do anything on health care other than do a big 
giveaway to Big Pharma. When the Democrats get in, we do a plan. We 
pass the Affordable Care Act. Does it need tinkering? Probably so, like 
all bills do. But instead of trying to work with us and do something 
good for the American people, Republicans say we're just going to strip 
the Democratic plan for long-term care. And this is too bad, because it 
seems to me that long-term care, Mr. Chairman, is a legitimate issue 
for us to work together on. But we're not working together. One side 
passes a bill; the other side just tries to get rid of it. I think it 
is high time that we start trying to work together,

[[Page 728]]

but we don't have a cooperative partner. Washington Republicans have 
proven once again that they would rather try to embarrass President 
Obama than help American seniors.
  Last year, Republicans' first order of business was to eliminate the 
Medicare guarantee for America's seniors. This year it's the same old 
story, Mr. Chairman. No health care, no Medicare, no long-term care for 
millions of Americans.
  Instead of a plan to create jobs or to extend middle class tax cuts 
or to address unemployment assistance or to fix the Medicare physician 
pay rate, Republicans are wasting time on divisive and pointless bills.
  I do respect the gentleman's desire to have me yield, but I must 
very, very respectfully decline to yield because I have limited time. 
But if I have any extra time, I will be happy to yield to the 
gentleman, but it will have to be when I'm done.
  Today, we could be dealing with the real issue--fixing the long-term 
care crisis. And I'm sure that everyone in this whole body, Republican 
and Democrat, ought to be concerned about it because all of us, no 
matter what our ideological beliefs may be, have people who need long-
term care. So we've got to be about this business.
  You know what, Mr. Chairman? Ten million Americans currently need 
long-term care, and the problem is only getting worse. The number of 
Americans 62 years and older is 20 percent higher than it was 10 years 
ago. Long-term care is a huge burden on families. An estimated 62 
million--let me say that one more time, Mr. Chairman--62 million unpaid 
family caregivers provided care valued at $450 billion in 2009, more 
than the total spending in Medicare that year.
  But Republicans are offering no solution to the long-term care 
crisis. They may say anything that they want, but they're not coming 
here with a bill that we can debate. They're just attacking what has 
already been done, which is so easy to do. Way better to be a critic 
than to be someone who produces solutions.
  So, Mr. Chairman, I want to tell you a little bit about somebody in 
my district, Mary. Mary says: My mother is 90 and seriously ill and now 
in a nursing home. Her bill is over $6,500 a month. Mary goes on to say 
she will soon run out of money, referring to her mom. Why do people 
have to become indigent before they receive help?
  That's a good question, I think. That's a question warranting our 
attention, but our Republican friends have no plan to protect families 
like Mary's. They're not here with a plan. They just want to strip and 
rip and take down what Democrats have already done. And people are in 
need of help.
  So, Mr. Chairman, repealing the CLASS Act will not help Mary's 
family. We need to make the CLASS program stronger, not get rid of it. 
We need to amend it, not end it. We need to improve it. And that's why 
56 national groups wrote to Congress saying please don't repeal the 
CLASS Act, including AARP, SEIU, and the National Council on Aging, 
people who really know what they're talking about when it comes to 
long-term care.
  So I urge our Republican friends on both sides of the aisle to come 
together with us to make a strong long-term program for seniors rather 
than just tearing down and stripping down. It's as plain as the nose on 
your face, Mr. Chairman: Americans need long-term care.
  I yield back the balance of my time.
  Mr. WELCH. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Vermont is recognized for 5 
minutes.
  Mr. WELCH. We have a serious challenge here. We have people who need 
long-term care. We have very serious fiscal constraints. And the 
question before us really is, do we repeal the program altogether when 
there is a serious long-term program, as if by legislative magic a 
repeal suddenly makes the serious and acute problem vanish altogether. 
We know that doesn't happen. It may address a fiscal issue, but it 
doesn't solve the fiscal issue and enormous emotional pain that 
individuals who are trying to take care of their senior parents will 
face. So the problem doesn't go away if this legislation is passed. It 
simply means the pain will continue and probably intensify.
  So the real challenge for Congress is that when there is a problem 
that we acknowledge is real and rising for the American people, and the 
folks who need long-term care are in red States and blue States, 
they're in your district and they're in mine, the real question is 
whether we address that as actively and as aggressively as we can, 
taking responsible steps to make certain that we can pay for what we 
promise.
  The worst thing that we can do in my view is pass legislation that 
has almost as its predicate the notion that by repealing the commitment 
that this Congress made 2 years ago, the problem doesn't exist. It 
does, and we all know that. You've heard the statistics--10 million 
Americans currently need long-term care. That is a tough challenge for 
those families. Over the next decade, that is going to rise to 15 
million. It is a rising challenge, and the longer we defer, the more 
difficult it will be for us to address it. Sixty-two million Americans, 
good Americans, generous Americans, serve as unpaid caregivers to 
elderly family members. How long can that be sustained?
  While nearly 70 percent of Americans will need some level of long-
term care in their lifetime, only 8 percent are able to buy long-term 
care insurance. That's where we do need a public policy program that's 
going to match the resources required with the need that's rising.
  The CLASS Act was designed to make progress, giving older Americans 
and their families some sense of security. It's not perfect. The most 
vigorous proponents of that legislation acknowledge it's not perfect. 
But what that we pass on the Republican side or the Democratic side can 
any of us claim is perfect?
  What we have to do together is try to make an imperfect bill better. 
But what we can't do is abandon the very serious challenge that those 
10 million Americans in need of long-term care have.
  I yield back the balance of my time.

                              {time}  1650

  Ms. WATERS. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Ms. WATERS. Mr. Chairman and Members, this bill is just another 
attempt to dismantle health care reform. Last year, House Republicans 
passed H.R. 2 to repeal the entire Affordable Care Act. The landmark 
health care reform law that was enacted almost 2 years ago is what I'm 
referring to.
  The Affordable Care Act has already made a difference in the lives of 
millions of Americans. Let me just recount for the Members of this 
House what the Affordable Care Act has done and is doing.
  It prevents insurance companies from dropping people because they get 
sick. It prevents insurance companies from denying coverage to children 
with preexisting conditions. It allows young adults to remain on their 
parents' health insurance until they turn 26. It provides free 
preventive care to seniors under Medicare. It is phasing out the 
``doughnut hole'' and helping seniors obtain affordable prescription 
drugs. Finally, it provides tax credits to help small businesses 
purchase health insurance for their employees.
  When H.R. 2 failed to move in the Senate, House Republicans began 
passing bills to dismantle the Affordable Care Act piece by piece and 
inch by inch. They passed H.R. 1213, which repeals funding for the 
organization of health benefit exchanges, marketplaces where American 
families will be able to choose an affordable health care plan. They 
passed H.R. 1214, which repeals funding for the construction of school-
based health clinics. They passed H.R. 1216, which repeals funding for 
the training of primary care physicians.
  Now they're trying to repeal the CLASS Act. The CLASS Act is the 
Community Living Assistance Services and Supports Act, and it 
establishes a

[[Page 729]]

program to facilitate access to long-term health care services. Who can 
be against that? The CLASS Act is a voluntary program to provide 
participants with a cash benefit that can be used to purchase a variety 
of long-term care services, such as home modifications, accessible 
transportation, personal assistance services, homemaker services, 
respite care, home health aids, and nursing support. The program would 
be funded entirely by the premiums paid by those who choose to 
participate.
  House Republicans' CLASS Act repeal also repeals funding for the 
National Clearinghouse for Long-Term Health Information. The 
clearinghouse provides online information about long-term care costs 
and planning options.
  Our Nation is indeed facing a long-term health crisis. People are 
living longer. As a result, there's a growing need for long-term care 
for elderly and disabled Americans. There are 10 million people who 
need long-term care in the United States today. That number is expected 
to grow to 15 million in the year 2020. There are an estimated 52 
million unpaid caregivers providing long-term care services in American 
homes today. American families are paying more than $50 billion every 
year on out-of-pocket expenses for long-term care. These families need 
options, and they need our support.
  The CLASS Act does not need to be repealed. If House Republicans 
believe this program should be fixed, then they should try to fix it. 
However, they have not even attempted to improve this program or 
develop other options to make long-term care services available to 
American families who need them.
  It is long past due for House Republicans to stop trying to dismantle 
health care reform and start working with us in a constructive, 
bipartisan manner to improve our Nation's health system. I would urge 
my colleagues to oppose this bill and support solutions to America's 
long-term care crisis. Ladies and gentlemen, what we are discussing 
today is precisely what Occupy Wall Street was all about. It's about 
what are we going to do to deal with that 99 percent out there who 
simply need some safety nets that their government could easily assist 
with.
  Health care is a problem in this country. Not everyone can afford it, 
and I would ask my colleagues to take the politics out of this issue. 
The American public needs this health care reform. And the Occupy Wall 
Street people who are out there simply sent a message to say, okay, 
America, stop being simply on the side of the 1 percent, look at the 99 
percent. I would urge my colleagues to do that.
  I yield back the balance of my time.
  Mr. NADLER. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. NADLER. Mr. Chairman, I rise in opposition to this bill to repeal 
the CLASS Act. Last year, we watched as Republicans implemented a 
slash-and-burn offensive against almost every and any Federal program 
that helps people. No matter that the program helps women or children 
or seniors or sick people; let's get rid of it.
  Apparently, this year is no different. With this bill, Republicans 
have set their eyes on the CLASS Act, which when implemented, will help 
provide some relief to aging Americans as well as to those who love and 
care for them. The CLASS program was designed to combat the rapidly 
increasing cost of long-term care, costs that currently account for 
nearly half of all health care spending in this country, by helping 
enrollees in this program to afford a variety of long-term care 
services, such as home modifications, assistive technology, accessible 
transportation, respite care, home health care aids and nursing 
support.
  Currently, long-term care facilities cost on average $70,000 per 
year, and home health care aides can cost $25 per hour in some areas. 
How many middle class families can afford that?
  I understand the concerns that my Republican colleagues have voiced. 
As currently structured, the Congressional Budget Office estimates that 
the program will not be solvent beyond about 2029, about 20 years from 
now. But what is the Republicans' knee-jerk solution to all budget 
issues? To trash a program, a necessary program, that will provide 
much-needed support for seniors today and in the future.
  This is completely wrong-headed. We should not destroy this program 
and ignore the problem. People will still grow older, hopefully, and 
they will need assisted living, they will need home health care, and 
they will need accessible transportation. At some point, we are going 
to have to face this issue.
  The current situation, where Medicaid will pay for this but only 
after the family has impoverished itself and eliminated all their 
assets, it's not a long-term solution, it's not a tolerable solution. 
Why should middle class families who have worked all their lives have 
to impoverish themselves if an elderly relative needs home health care 
or assisted living or a nursing home?
  Our job here is to make people's lives better, to identify problems 
and to find solutions. We have certainly identified a problem. There is 
simply no denying that only the wealthiest among us can possibly afford 
to pay $70,000 a year for a nursing home.
  So let's do our jobs. Let's roll up our sleeves and work to make this 
program better. Let's work to make it solvent, not simply eliminate it. 
Let's not simply abandon middle class Americans who are scared to death 
that after working their entire lives and playing by the rules, they 
will have to bankrupt their children and grandchildren just to have any 
sense of dignity as they grow older.
  This is not the American Dream. We don't want to tell our old people, 
get lost, get out of sight, go into the poorhouses and the almshouses 
we had before Social Security. We don't want to tell our seniors, you 
can't have the health care, the home assisted living, the home health 
care aides that you need. We don't want to tell our families that you 
must impoverish yourselves, sell off all your assets because your 
mother or your grandmother is sick or can no longer live independently.
  This is why we have government, to solve problems for all of us that 
we cannot solve for ourselves individually. That is the reason for 
government, to provide for the common welfare, as the Constitution 
says. We know we have this problem. We know as the population ages the 
problem is going to get worse and more intense, not better. We know the 
problem is not going to go away. So let's deal with it.
  After many, many years, Congress in the Affordable Care Act finally 
passed the CLASS Act program to start dealing with this. There are 
problems with it. Yes, the financing that was brought into that program 
is only sufficient for about 20 years.

                              {time}  1700

  That gives us only 20 years to fix the program.
  Now, the sooner we fix it, the sooner we amend the financing, the 
easier it will be to do it. The longer we wait, the harder.
  So what do the Republicans want to do? Kill the whole program, put 
our heads in the sand, ignore the problem, and to heck with the senior 
citizens and to heck with their children who worry about how they're 
going to have their parents live their last years in dignity. That is 
not the American Dream. It is not right.
  I urge my Republican colleagues to rethink this. Withdraw this bill. 
This program is not being implemented immediately. Figure out how to 
finance it better. Figure out how to deal with this problem. Don't 
simply say let's ignore the problem and to hell with our senior 
citizens. That is not the American Dream. We simply must do better.
  We've made a start. Let us continue that start. Let us build on it. 
Let us not destroy the beginnings that we have made.
  I yield back the balance of my time.
  Mr. McDERMOTT. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. McDERMOTT. Well, Mr. Chairman, tomorrow is Groundhog Day. We've 
been in session this year for 1 month. And this is the 1st day of the

[[Page 730]]

2nd month, and we've had 2 legislative days and haven't done one single 
thing for the working Americans in this country.
  Now, this bill is the whole reason why the Occupy Wall Street 
movement is out there and why the opinion of the performance of the 
Congress is so low. This bill has absolutely nothing to do with 
creating jobs, training the unemployed, helping businesses grow, or 
moving the country forward. It is about the ninth time we've brought a 
piece of so-called ObamaCare--Obama does care, you know. They brought 
it out here, and they keep trying to repeal it, which is not what the 
people want us working on. Instead, the Republicans are giving us just 
a bunch of press releases. I can see them going out of the offices now 
to the Tea Party all over the country--rile up the base, rile up the 
base, oh, yeah, and nothing is being done for the people.
  The second problem is that the Republicans aren't being straight with 
the American people. This bill does more than the Republicans are 
saying. The Republicans aren't just repealing the CLASS Act. The 
Republicans are trying to kill another important and inexpensive 
program that seniors and families depend on. They're defunding the 
National Clearinghouse for Long-Term Care Information, an important and 
useful government Web site that seniors and their families use to take 
an active role in understanding, planning, and financing their long-
term needs. Remember, these are the most frail people in our society, 
and they rely on this information to plan for their futures.
  Mr. Chairman, two-thirds of personal bankruptcies in this country are 
caused by medical bills, and a lot of those astronomical bills are 
caused by the debilitating costs of long-term care. And the Republicans 
aren't trying to solve the problem. Instead, the Republicans want to 
repeal the first ever Federal law creating a stand-alone long-term care 
program. Bill Frist, the Republican leader in the Senate some years ago 
said, Don't repeal it; fix it. But the Republicans can't figure out how 
to fix it because they don't care about seniors.
  Granted, this CLASS Act needs to be fixed. It's not a perfect bill. 
We know that. And that's what we should be doing so that the country 
stops allowing long-term health care costs to bankrupt families. That 
the Republicans don't care enough to do anything about chronic 
bankruptcies caused by long-term care is bad enough, but the Republican 
wrecking ball goes even further. The Republicans are trying to get a 
scalp. They want to please their base by repealing a part of ObamaCare, 
that law that insures 31 million more Americans and saves taxpayers 
money--so-called ObamaCare, that law that already is driving down 
health care costs and getting Americans better service for less money.
  In 40 years of legislating, I've seen State houses shift parties, 
Congress shift parties, but I've never, ever seen a legislative body 
that failed as badly as this one. This is the most unproductive 
Congress I've ever seen. And if you think this bill is going to go out 
of here and go over to the Senate, even the Republican leader, Mitch 
McConnell, wouldn't want this brought up as the bill that we deal with.
  The Republicans are running their demonize everything and do-nothing 
agenda, and it's having the predictable results. It gets the base 
whipped up and angry, but it accomplishes nothing for jobs, nothing for 
health care, nothing for the deficit, nothing for the economy. The 
American people need the CLASS Act fixed. They need to be able to 
continue to rely on the Clearinghouse for Long-Term Care Information.
  As the Republicans put out their plan for wasting this entire year of 
2012 not serving the American people, the voters should look very 
carefully at what they actually are doing. When they put out their 
platform, you know, it's going to say, What did you do? Well, I voted 
``no.'' I voted ``no.'' I voted ``no.'' I voted ``no.'' They will have 
nothing positive to put on that agenda. What did you do? Well, I tried 
to get rid of the EPA. I didn't want clean air. I didn't want clean 
water. And I didn't want labor unions. And, and, ``no,'' ``no,'' 
``no.''
  This is a terrible piece of legislation. It should be fixed. There's 
none of us who would stand up here and say it's a perfect piece of 
legislation, but I urge my colleagues to vote ``no.''
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. FINCHER. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Tennessee is recognized for 5 
minutes.
  Mr. FINCHER. I yield to my colleague from Georgia (Mr. Gingrey).
  Mr. GINGREY of Georgia. I thank the gentleman for yielding.
  I appreciate the opportunity to respond to my good friend and the 
good doctor, my colleague from the State of Washington, who made 
reference to, I think, Groundhog Day.
  Now, my name, Mr. Chairman, is Phil Gingrey, but as I sat here over 
the last couple of hours listening to the argument on the other side of 
the aisle, I feel like Phil Connors, and that was the weatherman. Bill 
Murray, if you recall, played that role, the weatherman at 
Punxsutawney, Pennsylvania, covering Groundhog Day. And believe me, we 
have been listening to Groundhog Day from my colleagues on the other 
side over and over and over again, and it is indeed getting just a 
little bit tiring.
  My friend also said, the gentleman, the doctor from the State of 
Washington, Mr. Chairman, and I quote him: ``I've never seen a Congress 
that has failed as much as this one.'' Well, I'm going to tell you, I 
have never seen a provision of law in a bill that has failed as much as 
the CLASS Act. And they can beat this to death--and I think they have 
done that, Mr. Chairman--but I have in my hand here a summary sheet of 
the HHS analysis of the CLASS Act over an 18-month period of time.
  And they have tried to model eight different options to make this 
fiscally solvent, and required by the law--thank goodness, thank 
goodness for the amendment from the Senator from Rhode Island, the 
Honorable Judd Gregg, at the time chairman or ranking member of the 
Budget Committee. The eight options, none of them work. I mean, there 
are things like a work requirement. There are things like not allowing 
anybody with a preexisting condition to be in the program, allowing 
people with preexisting conditions to be in the program but only 
eligible for a benefit for 15 years, and on and on and on. Actually, 
the one option that's not on this printout, I guess, is option number 
nine, and that would be the option, Mr. Chairman, of requiring every 
individual to sign up for the long-term program under the CLASS Act.
  Now, the question on all of these options was: Does the Secretary 
have legal authority? And in most of the eight: Not completely; HHS 
vulnerable to legal challenge. Not completely; vulnerable to legal 
challenge. Not completely--again, vulnerable. No authority. No 
authority. No authority. No authority.
  Well, number nine, individual mandate, making everybody sign up for 
it, yes, got the authority to do that. She could have done that. But 
I'm sure that my colleagues and her advisors and the administration 
probably--and I state this rhetorically. Do you want another mandate to 
which the American people can rail against us in the next election? And 
she is smart enough to know that option number nine was not 
unacceptable.
  So, again, we could go on and on. We could do this for another couple 
of hours and continue this Groundhog Day ruse, but, as I said earlier, 
Mr. Chairman, what part of ``no'' do they not understand?

                              {time}  1710

  Now, look, when this amendment was added at the last moment back in 
2009 by the chairman of the Subcommittee on Health, Mr. Pallone, during 
the Energy and Commerce Committee debate on the CLASS Act, Chairman 
Pallone stated, and I quote him: ``I can't stress enough that we are 
not actually setting this up. We are simply suggesting.'' That was the 
end of the quote. In fact, Chairman Pallone asserted that the program 
would not

[[Page 731]]

take effect until subsequent legislation was passed.
  Well, Mr. Barton, who, at the time, was the ranking member of the 
overall Committee of Energy and Commerce, said this: ``Well, reclaiming 
my time, I am going to support the Pallone amendment without binding 
anybody on my side to support it, with the understanding that if this 
moves forward, there will be a hearing on this in this committee, and 
there will be bipartisan efforts to flesh it out. Do I have that 
assurance from the chairman?'' And Mr. Pallone responded, ``You 
certainly have my assurance.''
  And then the chairman, Henry Waxman, overall chairman of the 
committee said, fine with me, but he is the subcommittee chairman.
  We never had one hearing. We never had an opportunity to flesh it 
out.
  Defeat this amendment.
  The Acting CHAIR. The time of the gentleman from Tennessee has 
expired.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I move to strike the last 
word.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. My good friend from Georgia, some things 
bear repeating. I love February 2. It happens to be my daughter, 
Erica's, birthday. Some call it Groundhog Day. I call it a day of great 
celebration for a bit of joy that came into our lives.
  So it's a day for many that is happy. It's a day that many humorously 
look forward to great weather. Some remember our good friend, Bill 
Murray, and it is a day that symbolizes repetition.
  Sometimes the pain of Americans deserves to be repeated over and over 
again. And I'd like to answer my good friend, not speaking for Mr. 
Pallone, but, in actuality, we have the opportunity now to have 
bipartisan hearings. Nothing is precluded. Mr. Pallone's statement was 
accurate. He was not writing the structure of long-term care. He was 
indicating that, for Americans, it was vital.
  What is disappointing is that my friends on the other side of the 
aisle are willing to give up so easily. I don't understand that. 
Where's the American genius?
  Of course, they will cite HHS; but they know that Congress directs 
HHS. They know that the repeal of this legislation for long-term care 
will simply kill the opportunity for Americans to find relief.
  As we look to the future, we are just a month away until taxes go up 
on middle class families, and Americans looking for work lose their 
unemployment insurance, and seniors face losing access to their 
doctors. We could be working on that, move the conference committee a 
little faster. But we're now adding an extra burden. Let's repeal the 
CLASS Act.
  It doesn't disturb me that HHS has made several tries, and in a time 
frame has not found a cure yet. But knowing research and knowing 
science and being near and in the community of the Texas Medical 
Center, I know how long it takes to get a good answer in health care.
  But what I do want to stress to my friends, can they deny that 82 
percent of Americans say that taking care of relatives who are aging or 
ill is demanding? Eighty-two percent of them say that; 72 percent 
indicate that taking care of them is overwhelming; 56 percent said that 
as they are taking care of their sick relatives, they are getting ill.
  Yet we want to abandon the discussion on long-term care when I've 
already said on the floor of the House that $450 billion of that long-
term care is already in private hands. It's in families. It's through 
their labor. They are overwhelmed.
  Only $14 billion is in the private industry sector. See how much 
they're standing up to the bar, and $101 billion in Medicaid.
  We have to find a solution that balances benefit and burden. Listen 
to a constituent from Texas who took care of her son after he was 
seriously injured in a roadside bombing while patrolling in Iraq. She 
did not return home 7 years in order to be with her son.
  Debbie initially took a leave of absence from her job, but ended up 
resigning to become a full-time caregiver for her son. Because she no 
longer had a paid job, and her husband was the only one working, they 
had to start using their retirement savings to survive. Her son is now 
better, great news, and active in the community. And she continues her 
work. But the catastrophic impact to the family continues on.
  Rhonda has gone from a part-time, visiting caregiver to her elderly 
parents to a live-in, full-time caregiver. Even after the death of her 
own 23-year-old daughter in a car accident, and her only brother 
becoming disabled after an illness, before 2001 she was a full-time 
working mother of two.
  Where is the relief for these humans, these individuals, these people 
in need? Where is it? It's in the amendment I offered that indicated 
that it is important to note that long-term care is important, and a 
study should engender to be able to determine that.
  But more importantly, let's, again, look at this in a way that we 
take our time and look at the macroeconomics and take into 
consideration how we can best configure this. But let me tell you very 
clearly that if we repeal this CLASS Act, the burden will fall on local 
and State governments and the millions of caregivers who already, 
through their own effort and their own toil, with love, I will tell you 
with love, expend $450 billion that we don't compensate them for, lose 
their jobs, raise the deficit, add to the debt because they are not 
able to take care of themselves.
  And as we see, some 76 million baby boomers, Mr. Chairman, going 
forward. Let me just say, don't repeal this bill. It bears repeating. 
Help those who need your help.
  Mr. Chair, I move to strike the last word. Today, I am joined by 
Members of the Congressional Progressive Caucus, to call attention to 
the grievous threats posed by to H.R. 1173, ``The Fiscal Responsibility 
and Retirement Security Act of 2011'', to key provisions in the 
Affordable Health Care Act.
  H.R. 1173 bill would repeal title VIII of the Patient Protection and 
Affordable Care Act and Supports (CLASS) Program--a national, voluntary 
long-term care insurance program for purchasing community living 
assistance services and supports.
  This piece of legislation is yet another example of the Republican 
Majority failing to act on the top priorities of the American people. 
At a time when we should be focused on building our economy; advancing 
underserved and underrepresented communities, addressing the needs of 
our Nation's seniors; and focusing on the deficit, as well as, 
unemployment insurance. Instead of generating bold new ideas to help 
small businesses hire more Americans, to aid in the revitalization 
efforts of our manufacturing industry, to advance the cause for energy 
independence, to address the needs of families hurt the most by this 
economic down turn.
  Instead, The Republicans have brought forward a bill to repeal a self 
sustaining program for the aging and the disabled. The CLASS program is 
meant to help someone who is unable to bath, cloth, or conduct basic 
life actives. We should not be attacking programs that are designed to 
address issues of long term care.
  Title VIII also authorized and appropriated funding through 2015 for 
the National Clearinghouse for Long-Term Care Information (clearing 
house). H.R. 1173 would rescind any unobligated balances appropriated 
to the National Clearinghouse for Long-Term Care Information.
  The CLASS Act was designed to provide an affordable long-term care 
option for the 10 million Americans in need of long-term care now and 
the projected 15 million Americans that will need long-term care by 
2020.
  Individuals need long-term care when a chronic condition, trauma, or 
illness limits their ability to carry out basic self-care tasks, called 
activities of daily living (ADLs), (such as bathing, dressing or 
eating), or instrumental activities of daily living (IADLs) (such as 
household chores, meal preparation, or managing money).
  Long-term care often involves the most intimate aspects of people's 
lives--what and when they eat, personal hygiene, getting dressed, using 
the bathroom. Other less severe long-term care needs may involve 
household tasks such as preparing meals or using the telephone.
  Estimates suggest that in the upcoming years the number of disabled 
elderly who cannot perform basic activities of daily living without 
assistance may be double today's level.

[[Page 732]]

  CLASS provides the aging and the disabled with a solution that is 
self sustaining, at no cost to taxpayers.
  As the estimated 76 million baby boomers born between 1946 and 1964 
become elderly, Medicare, Medicaid, and Social Security will nearly 
double as a share of the economy by 2035.
  Baby boomers are already turning 65. As of January 1, 2011, baby 
boomers have begun to celebrate their 65th birthdays for that day on 
10,000 people will turn 65 every day and this will continue for the 
next 20 years.
  It is reasonable to assume that over time the aging of baby boomers 
will increase the demand for long-term care.
  Repealing the CLASS program does nothing to address the fact that 
private long-term care insurance options are limited and the costs are 
too high for many American families, including many in my Houston 
district, to afford.
  In 2000, spending from public and private sources associated on long-
term care amounted to an estimated $137 billion (for persons of all 
ages). By 2005, this number has risen to $206.6 billion.
  Individuals 85 years and older, the oldest old, are one of the 
fastest growing segments of the population. In 2005, there are an 
estimated 5 million people 85+ in the United States. This figure is 
expected to increase to 19.4 million by 2050. This means that there 
could be an increase from 1.6 million to 6.2 million people age 85 or 
over with severe or moderate memory impairment in 2050.
  An estimated 10 million Americans needed long-term care in 2000. Most 
but not all persons in need of long-term care are elderly. 
Approximately 63 percent are persons aged 65 and older (6.3 million); 
the remaining 37 percent are 64 years of age and younger (3.7 million).
  The lifetime probability of becoming disabled in at least two 
activities of daily living or of being cognitively impaired is 68 
percent for people age 65 and older.
  By 2050, the number of individuals using paid long-term care services 
in any setting (e.g., at home, residential care such as assisted 
living, or skilled nursing facilities) will likely double from the 13 
million using services in 2000, to 27 million people. This estimate is 
influenced by growth in the population of older people in need of care.
  Of the older population with long-term care needs in the community, 
about 30 percent (1.5 million persons) have substantial long-term care 
needs--three or more activities of daily living limitations. Of these, 
about 25 percent are 85 and older and 70 percent report they are in 
fair to poor health.
  Forty percent of the older population with long-term care needs are 
poor or near poor (with incomes below 150 percent of the Federal 
poverty level).
  Between 1984 and 1994, the number of older persons receiving long-
term care remained about the same at 5.5 million people, while the 
prevalence of long-term care use declined from 19.7 percent to 16.7 
percent of the 65+ population. In comparison, 2.1 percent, or over 3.3 
million, of the population aged 18-64 received long-term care in the 
community in 1994.
  While there was a decline in the proportion (i.e., prevalence) of the 
older population receiving long-term care, the level of disability and 
cognitive impairment among those who received assistance with daily 
tasks rose sharply. The proportion receiving help with three to six 
ADLs increased from 35.4 percent to 42.9 percent between 1984 and 1994. 
The proportion of cognitive impairment among the 65+ population rose 
from 34 percent to 40 percent.


                    INFORMAL CARE GIVERS AND FAMILY

  Informal caregiver and family caregiver are terms used to refer to 
unpaid individuals such as family members, partners, friends and 
neighbors who provide care.
  Informal caregivers and family can be primary or secondary 
caregivers, full time or part time, and can live with the person being 
cared for or live separately.
  Estimates vary on the number of family and informal caregivers in the 
United States, depending on the definitions however:
  52 million informal and family caregivers provide care to someone 
aged 20+ who is ill or disabled.
  44.4 million caregivers (or one out of every five households ) are 
involved in care giving to persons aged 18 or over.
  34 million caregivers provide care for someone age 50+.
  27.3 million family caregivers provide personal assistance to adults 
(aged 15+) with a disability or chronic illness.
  5.8 to 7 million people (family, friends and neighbors) provide care 
to a person (65+) who needs assistance with everyday activities
  8.9 million informal caregivers provide care to someone aged 50+ with 
dementia. By the year 2007, the number of care giving households in the 
U.S. for persons aged 50+ could reach 39 million.
  Over three-quarters (78 percent) of adults living in the community 
and in need of long-term care depend on family and friends (i.e., 
informal caregivers) as their only source of help; 14 percent receive a 
combination of informal and formal care (i.e., paid help); only 8 
percent used formal care or paid help only.
  Even among the most severely disabled older persons living in the 
community, about two-thirds rely solely on family members and other 
informal help, often resulting in great strain for the family 
caregivers.
  The use of informal care as the only type of assistance by older 
Americans aged 65 and over increased from 57 percent in 1994 to 66 
percent in 1999. The growth in reliance upon informal care between 1994 
and 1999 is accompanied by a decline in the use of a combination of 
informal and formal care from 36 percent in 1994 to 26 percent in 1999.
  30 percent of persons caring for elderly long-term care users were 
themselves aged 65 or over; another 15 percent were between the age of 
45-54.
  For the family caregiver forced to give up work to care for a family 
member or friend, the cost in lost wages and benefits is estimated to 
be $109 per day.


                     Home and Community-Based Care

  Most people--nearly 79 percent--who need Long-Term Care live at home 
or in community settings, not in institutions.
  More than 13.2 million adults (over half younger than 65) living in 
the community received an average of 31.4 hours of personal assistance 
per week in 1995.
  Only 16 percent of the total hours were paid care (about $32 
billion), leaving 84 percent of hours to be provided (unpaid labor) by 
informal caregivers.
  The trend towards community-based services as opposed to nursing home 
placement was formalized with the Olmstead Decision (July, 1999)--a 
court case in which the Supreme Court upheld the right of individuals 
to receive care in the community as opposed to an institution whenever 
possible.
  The proportion of Americans aged 65 and over with disabilities who 
rely entirely on formal care for their personal assistance needs has 
increased to 9 percent in 1999 from 5 percent in 1984.
  Between 2000 and 2002, the number of licensed assisted living and 
board and care facilities increased from 32,886 to 36,399 nationally, 
reflecting the trend towards community-based care as opposed to nursing 
homes. Most assisted living facilities, however, are unlicensed.
  Most assisted living facilities (ALFs) discharge residents whose 
cognitive impairments become moderate or severe or who need help with 
transfers (e.g. moving from a wheelchair to a bed). This limits the 
ability of these populations to find appropriate services outside of 
nursing homes or other institutions.


                           Nursing Home Care

  The risk of nursing home placement increases with age--31 percent of 
those who are severely impaired and between the ages of 65 and 70 
receive care in a nursing home compared to 61 percent of those age 85 
and older.
  In 2002, there were 1,458,000 people in nursing homes nationally. 
Older individuals living in nursing homes require and receive greater 
levels of care and assistance. In 1999, over three-quarters of 
individuals in nursing homes received assistance with four to six ADLs. 
Of the population aged 65 and over in 1999, 52 percent of the nursing 
home population was aged 85 or older compared to 35 percent aged 75-84, 
and 13 percent aged 65-74. Between 1985 and 1999 the number of adults 
65 and older living in nursing homes increased from 1.3 million to 1.5 
million. In 1999, almost three-quarters (1.1 million) of these older 
residents were women.
  The issue before us today, is how we intend to treat our aging and 
disabled at a time when they are in need of assistance that will have a 
direct impact on their quality of life.
  Traditionally, most long-term care is provided informally by family 
members and friends. Some people with disabilities receive assistance 
at home from paid helpers, including skilled nurses and home care 
aides.
  Nursing homes are increasingly viewed as a last resort for people who 
are too disabled to live in the community, due to a number of factors, 
cost being one.
  Mr. Chair, I believe that we must leave the framework that exists in 
place and work with seniors, families, industry, HHS and others to find 
a way to make the CLASS Act or an alternative long-term care program 
work.
  We cannot and we must not allow Medicaid to continue to be the only 
affordable long-term care service available to Americans. American 
families should not have to spend down their savings or assets to 
access long-term care.

[[Page 733]]

  American families spend almost twice as much on health care through 
premiums, paycheck deductions, and out-of-pocket expenses as families 
in any other countries.
  Considering the amount that we spend on health care, it is surprising 
that Americans do not live as long as people in Canada, Japan, and most 
of Western Europe. Our health care system was in need of an overhaul.
  Under the Affordable Health Care Act, signed into law in 2010 more 
than 32 million additional Americans are expected to get insurance, 
either through an extension of Medicaid or through exchanges where low 
and moderate income individuals and families will be able to purchase 
private insurance with Federal subsidies.
  A key part of the new health law also encourages the development of 
``accountable care organizations'' that would allow doctors to team up 
with each other and with hospitals, in new ways, to provide medical 
services. There are dozens of good provisions in the Affordable Health 
Care Law that will ultimately benefit the public, if they are not 
repealed one title at a time. The CLASS Act is a good provision too--I 
stand by that notion--but just improperly designed.
  While family caregiving can be a very satisfying job, those who 
become primary caretakers for their senior loved ones must understand 
that doing so will touch many aspects of their lives--including work, 
home and family. This data was developed from the responses of more 
than 8,000 family caregivers who visited the caregiverstress.com Web 
site since 2005. The results demonstrate the impact stress can have on 
family caregivers and they illustrate why it's important to tap into 
resources that can provide help or support.

  I yield back the balance of my time.
  Ms. WOOLSEY. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from California is recognized for 5 
minutes.
  Ms. WOOLSEY. Mr. Chairman, across the United States, anguished 
families are sitting down at their kitchen table. They're reviewing 
their financial situation. Many are trying to figure out how in the 
world they're going to afford their personal long-term care needs or 
that of a loved one or another family member.
  People who've worked hard their whole lives, who are already coping 
with a sluggish economy, are being crushed under the weight of long-
term care costs, depleting their savings and sometimes spending 
themselves into bankruptcy.
  As we know, Mr. Chairman, long-term care is not covered in most 
health care plans. If you're already old and sick, you probably can't 
qualify for a separate long-term care policy; and if you can, it's 
likely to be insanely expensive. Medicare pays only for the first 100 
days of nursing-home care, and Medicaid is only available to the very 
poor. But you don't have to be poor to be overwhelmed by nursing-home 
costs that average $72,000 a year.
  We can't forget that we live in an aging society. As our largest 
generation, the baby boomers, move into their retirement years, and 
while advances in science and technology have, thankfully, allowed us 
to live longer, it means that many of us will require more extended, 
more expensive care. All this has created a perfect storm in which the 
long-term care crisis will get even worse, not better.
  In the coming years, Mr. Chairman, we're going to find ourselves in 
turmoil over long-term care. So why aren't we putting our heads 
together on both sides of the aisle and coming up with ideas to solve 
this dilemma? After all, we're all going to be old.
  Instead, we're here today because the majority appears to want to 
repeal the one modest attempt to help Americans cope with long-term 
care costs. If the program needs improvement, I ask them, then let's 
fix it. That's what taxpayers are paying us to do, not throw up our 
hands and walk away from this problem.

                              {time}  1720

  But my friends in the majority seem to have a different version and 
vision of public service. It seems that instead of providing service to 
the public, they view it as their job to dismantle and disembowel any 
government investment that improves the lives of regular people. 
Nothing seems to drive them to distraction like the commonsense reforms 
of the Affordable Care Act. They have no innovative health care ideas 
of their own. They're simply nostalgic for the cruel and unfair health 
care system that we have finally begun to leave behind us.
  So we need to be building on health care reform. We do not need to be 
whittling away at it. Vote ``no,'' my colleagues, on the repeal of the 
CLASS Act.
  I yield back the balance of my time.
  Mrs. CHRISTENSEN. I move to strike the last word.
  The Acting CHAIR. The gentlewoman from the Virgin Islands is 
recognized for 5 minutes.
  Mrs. CHRISTENSEN. As I come to the floor today to speak against this 
repeal, I cannot help but remember the faces of the individuals with 
disabilities, individuals with very serious long-term care needs, 
sitting through the long markup a couple months ago only to, at the end 
of the day, see the committee majority vote to repeal the CLASS Act. If 
an expression could convey a thousand words, theirs did that day. I 
know because I had the same expression, and I felt the exact same way: 
disappointed and frustrated, saddened at the very real possibility that 
they and our seniors would be left out in the cold when they are at 
their most vulnerable.
  I'm sure that they and millions of other people with special needs 
and seniors are watching this now, and they, like all of us here now, 
know that repealing the CLASS Act will not make 10 million Americans' 
long-term care needs disappear, and it certainly will not make them 
suddenly affordable for the overwhelming majority of most families.
  The Secretary did the responsible thing. She put the implementation 
on hold because the actuarial studies did not show that the program, as 
designed, was sustainable. None of us who supported and voted for the 
Affordable Care Act thought that everything in it was perfect. Much of 
it was well put together, well-planned, well-designed. But there were 
some that we thought might need to be tweaked or even revised in bigger 
ways, but we needed to take that first big important step in the right 
direction to make sure that the health care needs of our fellow 
Americans would be met.
  The Secretary in her letter to the Speaker said that the report 
reflected ``The development of information that will ultimately advance 
the cause of finding affordable and sustainable long-term care 
options.''
  So what we should be doing is looking at those options or charging an 
institute like the Institute of Medicine to look at them and recommend 
a way forward.
  Everyone knows that we have a long-term care crisis in the United 
States. There are 10 million vulnerable men, women, and children who 
need this care, and we know that over the next decade that number will 
grow to 15 million. We also know that there are grave racial, ethnic, 
as well as geographic disparities that exist across the 10 million 
Americans with unmet long-term health care needs.
  We also know that long-term health care burdens family budgets, as 
well as Medicaid programs in the States that administer them across our 
Nation. Only about 8 percent of Americans buy long-term care insurance 
because the premiums are too expensive in many cases for most 
individuals to afford.
  Despite these facts, and these are indeed facts, and as we have seen 
time and time again, rather than identify and support a medically, 
economically, and socially responsible solution to this critically 
important problem, in their zeal to attack the Affordable Care Act and 
undermine the provisions that have already begun to help all of our 
constituents, our friends on the other side of the aisle would rather 
slam that door shut and not continue to work with us to find ways to 
meet this critical need.
  We need to have a plan to ensure access to affordable long-term care, 
and repealing and dismantling the CLASS Act with no safeguard or 
stopgap in place first is definitely not the right way to go.
  I, like everyone here, Republican and Democrat, have 10 million 
reasons to take a stand and to fight for those who

[[Page 734]]

cannot fight for themselves, to provide a voice for the voiceless and 
to remind our colleagues and those watching that this fight cannot be 
over and that we cannot stop until our long-term care crisis is 
addressed and those who need it, as many of us, Republican and Democrat 
will, address it in a manner that meets the high ideals of this 
country.
  Mr. Chairman, I yield back the balance of my time.
  Mr. AL GREEN of Texas. I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. AL GREEN of Texas. Mr. Chairman, when it comes to health care and 
those who need it and can't afford it, I constantly remind myself that 
but for the grace of God, there go I. You don't believe in God? But for 
the grace of chance and circumstance, but for the goodness of luck, 
there go I.
  The question we have to ask ourselves is what kind of country are we 
going to be? Are we going to be a country wherein health care becomes 
wealth care? Where only the wealthy can afford what is available? The 
technology's available. The pharmaceuticals are available. But only the 
wealthy can afford that which is available in the richest country in 
the world.
  Are we going to be a country wherein pregnancy is a preexisting 
condition; if you are pregnant and you don't have insurance, you cannot 
get it? Is that the kind of country we are going to be? Are we going to 
be a country wherein senior citizens who are in need of pharmaceuticals 
cannot get them because they can't afford them, but if you're wealthy, 
you can. But for the grace of God, there go I.
  No one deserves the status in life to which he or she is born. Born 
wealthy? You didn't earn it. Born poor? You don't deserve it.
  The question is whether we will understand that it can happen to any 
one of us and that we are a country that can afford to make a 
difference in the lives of those who are sick and cannot take care of 
themselves.
  So the issue today has not been whether we can afford it or whether 
we can do it. The question is, do we have the will? We can find the 
way.
  I would yield to my colleague from Georgia, whom I have great respect 
for and for whom I hold no animus. I just would like to ask you, is it 
not true, my dear friend, that we can work this out and find a way to 
get it done? Is it not true? Can we not find a way to get this done?
  Mr. GINGREY of Georgia. Well, here again, when Mr. Barton, the 
ranking member of the committee, asked very specifically, Mr. Chairman, 
when he asked very specifically in the markup on the House side back in 
2009, if I vote ``yes'' for that, will we have hearings to--I think it 
was ``to flesh this out.'' He was assured, of course, by the chairman 
at the time of the Health Subcommittee, Mr. Pallone, and also the 
chairman of the overall committee, Mr. Waxman of California, said, Hey, 
it's okay with me. No hearings were held.
  So this business of can't we work this out, but yet we were reaching 
out, and it never happened.
  I yield back to my friend.
  Mr. AL GREEN of Texas. If I may reclaim my time.
  I do welcome comments about the past, my dear friend.
  But I'm asking you, given that you do have some degree of influence 
given that you're in the majority, why can we not do now what was not 
done? I'm not privy to all of what wasn't done and should have been 
done. But why can we not do now what wasn't done? Why can we not now 
work to mend, rather then end, something that can benefit persons who 
cannot help themselves? Why can we not do it now? What prevents us?
  I yield to the gentleman.
  Mr. GINGREY of Georgia. Mr. Chairman, the gentleman asked me a 
specific question, and I want to respond to my friend.
  You know, the point I will make to him is that we can work together. 
We absolutely can.
  Mr. Chairman, we have discussed this with Mr. Pallone. I have done so 
personally, as I know my physician colleague on Energy and Commerce, 
Mr. Burgess, has had a conversation with Mr. Pallone.

                              {time}  1730

  We can work together, but we have to remove this failed program first 
because of that looming deadline of October 1, 2012, where we'll get 
sued if we don't have a program. So I'd be glad to work with the 
gentleman.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. AL GREEN of Texas. Mr. Chairman, I ask that I be extended the 
courtesy that the gentleman from Georgia received when he received an 
additional 5 minutes. I don't need an additional 5 minutes. I would 
just like to continue this dialogue that we have had, and he did 
receive an additional 5 minutes earlier.
  The Acting CHAIR. Is the gentleman requesting unanimous consent for 
an additional 5 minutes?
  Mr. AL GREEN of Texas. I ask unanimous consent to continue briefly 
this dialogue with the gentleman.
  Mr. GINGREY of Georgia. Point of order, Mr. Chairman.
  The Acting CHAIR. The Chair recognizes the gentleman from Georgia.
  Mr. GINGREY of Georgia. In regard to you yielding an additional 5 
minutes to me, in fact, that is not true.
  Mr. Chairman, as you know, the gentleman from Tennessee, 
Representative Fincher, moved to strike the last word and was afforded 
the 5 minutes, as we all are, and he yielded to me.
  I certainly would oppose the gentleman's unanimous consent request 
for you to--I don't think you have the authority to do that quite 
honestly.
  The Acting CHAIR. Objection is heard.
  Mr. AL GREEN of Texas. I would ask the Chair for a ruling first as to 
whether the Chair has the authority to do it. Then, if I am incorrect, 
let the record always reflect that I will extend an apology when I have 
made a mistake. So if I have made a mistake, I will do so; but I do ask 
that the Chair give a ruling as to whether or not we can have the 
unanimous consent request granted.
  Ms. NORTON. Mr. Chairman, could I make a parliamentary inquiry?
  The Acting CHAIR. The Chair will first respond to the inquiry of the 
gentleman from Texas.
  The time of the gentleman may be extended in the Committee of the 
Whole only by unanimous consent.
  Ms. NORTON. Mr. Chairman, could I make an inquiry at this time?
  The Acting CHAIR. Does the gentleman have a futher inquiry?
  Mr. AL GREEN of Texas. Before I leave the podium, if I may, I would 
like to prevail upon my friend whom I am having a colloquy with to show 
some sense of desire to continue this and reach some sort of----
  The Acting CHAIR. The gentleman from Texas will suspend.
  The time of the gentleman from Texas has expired.
  Mr. AL GREEN of Texas. May I ask for the unanimous consent now, Mr. 
Chairman?
  The Acting CHAIR. The gentleman has requested unanimous consent to 
extend his time. There has been an objection to that request.
  Does the gentlewoman from the District of Columbia seek recognition?
  Ms. NORTON. I ask the Chair: Is it true that there will be no more 
Members heard on this issue after 5:40?
  Mr. GINGREY of Georgia. Mr. Speaker, I'm going to have to insist on 
regular order here.
  The Acting CHAIR. In answer to the gentlewoman's parliamentary 
inquiry, there is a 3-hour time limit for consideration of amendments 
that has not yet been reached.
  Ms. SCHAKOWSKY. I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Illinois is recognized for 5 
minutes.
  Ms. SCHAKOWSKY. Mr. Chairman, roughly 70 percent of us at some point 
are going to have difficulty taking care of ourselves independently, 
and we're going to need some sort of long-term care or support. So as 
the population ages, of course the need for these services only 
increases.

[[Page 735]]

  I've been listening to this debate. On the substance, or at least as 
we identify the problem, there is an enormous amount of agreement. We 
all know that the costs associated with long-term care are very high, 
that nursing homes can cost over $70,000 a year, and that just 20 hours 
a week of home care costs nearly $20,000 a year. For working families, 
there are few practical options in order to plan and pay for long-term 
care and support services. Only about 3 percent have a private policy 
covering long-term care while the majority is forced to spend its way 
into poverty to qualify for the Medicare safety net coverage of those 
costs.
  We know this. We all agree on this.
  What the CLASS Act did was to address a number of critical needs, 
including providing a way for persons with disabilities to remain 
independent and in their communities by bringing private dollars into 
the long-term care services system in order to reduce the reliance on 
Medicaid without impoverishing individuals and their families.
  Mr. Chair, here is how: if a person must go into a nursing home--and 
those are the potential long-term people, Americans--if such Americans 
must go into a nursing home, first they spend down their resources, and 
then they go into a nursing home at a cost of about $80,000 a year.
  We all agree that the CLASS Act is far from perfect, but it provides 
a beginning framework to begin to deal with the problem.
  I got a letter from Jonathan Lavin, CEO of AgeOptions in Oak Brook, 
Illinois, a service provider. He emailed me, actually, to say:

       Please do not vote to repeal the CLASS Act. Such a vote 
     will reverse the hope of millions of Americans that one day 
     they may collectively insure themselves for the eventuality 
     of a debilitating disability. When we see a young former 
     Congresswoman gunned down and a healthy vibrant Illinois 
     Senator struck by a stroke, we realize that any of us may 
     suffer from a disability.
       A broad-based, effective insurance program will assist 
     those who face such life-altering challenges. We understand 
     why the CLASS Act is delayed in implementation since the 
     economic situation is so dire, but we cannot understand 
     deliberately acting to eliminate the potential for such 
     legislation to do so much good after the economy recovers.

  Every American faces the reality that an accident or illness 
requiring long-term care could devastate them financially.
  While this issue affects everyone, I want to focus on the importance 
of the CLASS Act for women in this country.
  Long-term care is very much a women's health issue. Women live longer 
than men. Their life expectancy exceeds those of men by some 5 years. 
Because they live longer, women are at greater risk of needing long-
term care services to help them when they become disabled or too sick 
or frail to care for themselves. Women tend to need more resources for 
long-term care. Women tend to be ill for longer periods of time, and 
women are less likely to have a family member to care for them.
  Over 70 percent of nursing home residents and nearly two-thirds of 
home-care users are women. Because women, far more than men, take on 
the role of caregiver, women are the ones who end up staying at home, 
sometimes giving up careers to provide care for a sick or disabled 
family member, adults and children alike. Indeed, women make up three-
fourths of the home-care workforce.
  CLASS would help make these challenges easier. It would help provide 
the care women may require if and when they need long-term care or 
supports for themselves. It would help provide relief or a break, if 
you will, for those women who spend all day every day at home taking 
care of others in need of long-term care.
  To take away this program is to take away the first real opportunity 
that the women of this country have to deal with the long-term care 
challenges they face day in and day out both as patients and as 
caregivers. Like so many other Republican assaults on the Affordable 
Care Act, H.R. 1173 is, in fact, an attack on women and women's health.
  Like all those other assaults, we should push back and reject this 
one. CLASS is just one of the many advancements for women's health that 
is included in the Affordable Care Act. As you have heard many times 
today, let's fix it, not repeal it, so it can work for women and all 
Americans as intended.
  Instead of passing H.R. 1173 and repealing the CLASS Act with no 
effective alternative in place, we can and should work together to 
repair this program. Ignoring the long-term care crisis won't make it 
go away.
  I yield back the balance of my time.
  Ms. NORTON. Mr. Chair, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from the District of Columbia is 
recognized for 5 minutes.
  Ms. NORTON. Mr. Speaker, we have here one for the books. The 
Democrats offer a 100 percent private-sector solution to the most 
costly health care crisis affecting the American people, and 
Republicans want to repeal it. This is going to go down in history.
  The Obama administration is a victim of its own honesty. It, in good 
faith, put the CLASS Act into the health care bill knowing that we 
can't do without it. Then the administration looked carefully at the 
cost factors, and it did the right thing. It informed the Congress that 
it was suspending implementation of the CLASS Act. It certainly did not 
repeal it or ask for its repeal, nor should we. Here is why: the 
Medicare crisis before us, as I speak, is dwarfed by the long-term care 
crisis. We know it because that crisis, the CLASS crisis if you will, 
is already here.

                              {time}  1740

  That crisis, my friends, is long-term care. Who pays for it? We pay 
for it. We, the taxpayers, because Medicaid pays for it. They're coming 
at an increasing clip because the fact is that the number of Americans 
who are living longer, who don't have the resources themselves, grows 
exponentially. Government is now paying 100 percent.
  Let's look at the CLASS Act. That is a 100 percent privately financed 
plan. It means that we should all, not wait for long-term care to be 
needed when we would have to ask the government, through Medicaid, to 
pay for nursing home care. We should begin now to take care of our own 
long-term needs.
  What are you going to do if we don't have the CLASS Act--pass off the 
elderly who are in the nursing homes? To where? To whom?
  Clearly, the CLASS Act is the only solution, unless you want the 
Federal Government to continue to pick up the loss for those who need 
long-term care, and that is what people in nursing homes are there for. 
Only 8 percent of Americans buy long-term care insurance.
  I bought long-term care insurance, and then I was a little concerned 
to read that people who have bought long-term care insurance find they 
are not going to get what they thought they paid for.
  I think this House ought to be having hearings on what is out there 
now if we want to encourage people to buy their own long-term care 
insurance. We are doing none of that. We are not encouraging people to 
do what the CLASS Act would encourage them to do. Instead, we are 
saying repeal this private sector solution.
  That makes no sense, because when the crisis comes, the elderly are 
going to come to us. They are going to say they have no long-term care; 
they want what the last generation had. You spend down your resources 
and then Medicaid picks it up. That's the solution on the table now. If 
you want a private solution, this is golden. It is in law.
  We should grab it, keep it, have hearings on it. How can we make it 
feasible? Thank the administration for deciding not to implement it. 
They had an alternative. They could have allowed it to lie dormant, 
gone on with the rest of the health care bill. Instead, they told the 
truth.
  Now we are here trying to repeal it, knowing full well that when the 
crisis is upon us, we will never be able to put forward a private, 100 
percent private solution because it will be too late.
  Take this for what it's worth. You have a bird in hand.
  I yield back the balance of my time.

[[Page 736]]


  Mr. PITTS. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. PITTS. Mr. Chairman, to summarize briefly, first of all, there is 
no CLASS program. The gentlelady was right; this is a woman issue. 
Women have been promised something that they'll never get with the 
CLASS Act. Zero people will be enrolled in the CLASS Act. They have a 
program that doesn't work, they know it won't work, and it's a false 
sense of hope to say that it will.
  HHS studied for 18 months eight different scenarios to fix the CLASS 
Act from $391 a month premium to $3,000 a month premium. They concluded 
the same result: The CLASS Act is not fixable. Short of a mandate, 
there's no way to fix the CLASS Act.
  Now, our friends on the other side have had several opportunities to 
offer amendments to fix the CLASS Act. First of all, H.R. 1173 was 
marked up in the Energy and Commerce Health Subcommittee, and they 
didn't offer an amendment. At full committee, the Democrats didn't 
offer a comprehensive plan to fix the program. And now, with nearly 4 
hours of debate, still no amendments to fix the program. Without a 
mandate, there's no way to fix it.
  Mr. Chairman, we must get this program off the books and start over. 
It was wrong when it was passed. It's simply a liability in our budget, 
and the American taxpayers who would reject any further attempt by the 
Federal Government to require something upon them, that is another 
mandate.
  I urge a vote for H.R. 1173 to repeal this CLASS Act. Let's start 
over again.
  I yield back the balance of my time.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in the Congressional Record 
on which further proceedings were postponed, in the following order:
  Amendment No. 2 by Ms. Jackson Lee of Texas.
  Amendment No. 1 by Ms. Jackson Lee of Texas.
  Amendment No. 4 by Mr. Deutch of Florida.
  Amendment No. 5 by Mr. Deutch of Florida.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


          Amendment No. 2 Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson Lee) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 161, 
noes 263, not voting 8, as follows:

                             [Roll No. 13]

                               AYES--161

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--263

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Cardoza
     Carter
     Cassidy
     Castor (FL)
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (CA)
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Eshoo
     Farenthold
     Farr
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Himes
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Pence
     Perlmutter
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Speier
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--8

     Carson (IN)
     Filner
     Hinchey
     LaTourette
     Mack
     Paul
     Rohrabacher
     Roybal-Allard

                              {time}  1815

  Messrs. POMPEO, LANDRY, POSEY, WILSON of South Carolina, MURPHY of 
Pennsylvania, CALVERT, ROKITA, BURGESS, Ms. BERKLEY, and Ms. SPEIER 
changed their vote from ``aye'' to ``no.''
  Messrs. COOPER, CARNEY, OWENS, and Ms. HOCHUL changed their vote from 
``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 13, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:

[[Page 737]]


  Mr. SMITH of New Jersey. Mr. Chair, on rollcall No. 13, I 
inadvertently voted ``yes'' when I intended to vote ``no.''


          Amendment No. 1 Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson Lee) on which further proceedings were postponed and on 
which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 157, 
noes 264, not voting 11, as follows:

                             [Roll No. 14]

                               AYES--157

     Ackerman
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berman
     Bishop (GA)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Critz
     Crowley
     Cummings
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kissell
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--264

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Cardoza
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Cleaver
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Cravaack
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Davis (CA)
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Himes
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Lynch
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Perlmutter
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--11

     Carson (IN)
     Filner
     Flores
     Hinchey
     Issa
     Mack
     Paul
     Pelosi
     Roybal-Allard
     Royce
     Sullivan


                    ANNOUNCEMENT BY THE ACTING CHAIR

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1819

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 14, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''


                 Amendment No. 4 Offered by Mr. Deutch

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Florida 
(Mr. Deutch) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 164, 
noes 260, not voting 8, as follows:

                             [Roll No. 15]

                               AYES--164

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berman
     Bishop (GA)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Critz
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)

[[Page 738]]


     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--260

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Cravaack
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Himes
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--8

     Carson (IN)
     Filner
     Franks (AZ)
     Hinchey
     LaTourette
     Mack
     Paul
     Roybal-Allard

                              {time}  1824

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 15, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. FRANKS of Arizona. Mr. Chair, on rollcall No. 15, I was 
unavoidably detained. Had I been present, I would have voted ``no.''


                 Amendment No. 5 Offered by Mr. Deutch

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Florida 
(Mr. Deutch) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 160, 
noes 264, not voting 8, as follows:

                             [Roll No. 16]

                               AYES--160

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Green, Al
     Green, Gene
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kissell
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--264

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Himes
     Hochul
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Lynch
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Perlmutter
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers

[[Page 739]]


     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--8

     Carson (IN)
     Filner
     Gonzalez
     Gutierrez
     Hinchey
     Mack
     Paul
     Roybal-Allard

                              {time}  1829

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 16, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  The Acting CHAIR (Mr. Dold). The question is on the committee 
amendment in the nature of a substitute.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Yoder) having assumed the chair, Mr. Dold, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1173) to 
repeal the CLASS Program, and, pursuant to House Resolution 522, 
reported the bill back to the House with an amendment adopted in the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the committee amendment in the nature of a 
substitute.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.

                              {time}  1830


                           Motion to Recommit

  Mr. GARAMENDI. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. GARAMENDI. I am in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mr. Garamendi moves to recommit the bill H.R. 1173 to the 
     Committee on Energy and Commerce with instructions to report 
     the same back to the House forthwith, with the following 
     amendment:
       At the end of the bill, add the following:

     SEC. 3. ENSURING LONG-TERM CARE SERVICES FOR SENIORS WITH 
                   ALZHEIMER'S DISEASE AND OTHER DISABLED 
                   INDIVIDUALS.

       (a) In General.--Section 2 shall not take effect until such 
     date as the Secretary of Health and Human Services certifies 
     that a national voluntary insurance program is in effect for 
     purchasing community living assistance services and supports 
     for individuals who--
       (1) have--
       (A) Alzheimer's disease or other cognitive impairment;
       (B) chronic diabetes, heart disease, or advanced stages of 
     cancer;
       (C) a disability or traumatic injury; or
       (D) any other serious disease or health condition; and
       (2) require assistance with two or more activities of daily 
     living (such as eating, bathing, dressing, and toileting).
       (b) Exception.--Notwithstanding subsection (a), section 
     2(b)(3)(B) shall take effect upon the enactment of this Act.

  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. GARAMENDI. Mr. Speaker, I want all Members to pause for a moment 
and think about your family, think about your community, and the people 
you represent. I want you to put in your mind Alzheimer's and the 
effect that it has on the individuals and families. Now are you 
envisioning the effect of Alzheimer's, not only on the individual but 
on the family?
  I want you to put in your mind that terrible auto accident that left 
that young child totally disabled. I want you to put in your mind the 
diabetic, think about the diabetic, long-term diabetes, and the effect 
that it has.
  Now, the point of my amendment is not to kill this bill but rather to 
amend it in such a way that it can be taken up on the floor with all of 
us supporting this.
  Long-term care is a major challenge for families, for individuals, 
and for this Nation. Today 5.4 million Americans have Alzheimer's, and 
at the end of this decade, it's expected to double, more than 10 
million.
  Keep that vision of the Alzheimer's patient in mind. It may be 
someone in your family or in your circle. Twenty-four million Americans 
have diabetes, 26 million have heart disease. Think of that stroke 
victim. You know that person. They've been our colleagues, disabled, 
and in many cases, totally disabled.
  What this amendment does is to deal with a profound problem in 
America. How do we care for those who are disabled, unable to care for 
themselves for a lengthy period of time? How do we do that? There is no 
effective way to do it today until that individual and family is flat 
broke.
  There is no mechanism today to deal with this problem unless you have 
become totally bankrupt, no assets, and then you get to go on the 
Medicaid program, a burden on our general fund and on every State's 
general fund.
  This amendment offers a solution. This amendment says that we will 
keep the CLASS Act in effect but seek a national voluntary insurance 
program. Now, I happen to know insurance, and I happen to know that all 
of the long-term insurance programs out there have failed to work 
because they are narrow, because they've been unable to reach across 
the broad spectrum of America to provide a broad base of risk. You need 
a very, very large pool to deal with this very large and very expensive 
problem.
  If my amendment is adopted, we will be able to go forward and to 
repair the CLASS Act into a voluntary insurance program that would 
involve the entire Nation and thereby provide a premium that is 
affordable. The present programs do not.
  As we know from the CLASS Act itself and the work done by the 
Department of Health and Human Services, it too is flawed. But the 
problem remains. The problem has not disappeared. It is in fact in 
every one of our families and, quite possibly, with us as individuals.
  We need a solution. Whether you're a Democrat or a Republican, we 
have to find a solution to this problem because now it falls back. When 
all other resources are gone for the individual and the family, it 
falls back onto the general fund of the State and the Federal 
Government. Not a good solution at all.
  So I ask for your support on this. If you adopt this amendment, we 
will immediately vote on the CLASS Act itself, and it will be repealed, 
but not real. It will be maintained as we work forward towards a 
solution. That's our task here. That's our task as Members of Congress. 
Find solutions for the real problems that face every American.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GINGREY of Georgia. Mr. Speaker, I claim the time in opposition 
to the motion.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. GINGREY of Georgia. Mr. Speaker, the gentleman from California in 
mentioning these categories of suffering seniors, people with 
Alzheimer's disease, chronic diabetes, heart disease, advanced stages 
of cancer, disability, or traumatic injury, I'd like to tell the 
gentleman and my colleagues on the other side of the aisle, Mr. 
Speaker, that we on this side of the aisle always have these victims in 
our mind, in our heart, in our prayers. But we have the compassion and 
the honesty not to promote and present a ruse and false hope. That's 
what this so-called CLASS Act non-program does to these suffering 
individuals that suffer from these chronic medical conditions and 
disabilities.
  H.R. 1173 is an opportunity for this Congress to reverse one of the 
most costly coverups--yes, coverups--this administration has imposed 
upon the American taxpayer. The failure of this administration to 
implement the CLASS program came as no surprise to

[[Page 740]]

the many of us who had actually listened to the concerns from the 
unbiased actuaries--even the administration's own chief health actuary, 
Richard Foster, from CMS--about the certain failure of the CLASS 
program.
  The concerns, Mr. Speaker, were bipartisan during debate on the 
President's health care law, and even the President's own fiscal 
commission called for the program's repeal.
  So today we have the opportunity to finally get this failed program 
off of the books. This administration has spent millions of dollars 
and, yes, eight ways of Sunday, here they are, colleagues, eight ways, 
short of having yet another mandate that all people have coverage.

                              {time}  1840

  They have tried to implement a program that never had a chance of 
being implemented, and today we're faced with an $80 billion hole in 
the budget that this administration claims would be filled by the 
implementation of the CLASS program.
  Listen, colleagues, key Senate Democrats, like Senator Harkin, 
believe that there is still one last option worth considering: another 
unconstitutional mandate on every American. In fact, in comments to 
reporters yesterday, Senator Harkin made the claim that the problem 
with the current CLASS program is that it is voluntary. In the opinion 
of the esteemed Senator, it needs to be mandatory.
  The need for long-term care reform is an important issue, and I am 
confident that solutions can be accomplished and that we can do this in 
a bipartisan way as they have been done before on this issue. We 
cannot, however, continue to deny the fact that the CLASS program is an 
abject failure and that its repeal is necessary today.
  I say to my Democrat colleagues, admit your failure. You rushed this 
provision into the health care law. I understand your compassion toward 
the late Senator Kennedy and your wanting this to be a legacy for him, 
but it was his staff that maybe misled the committee and the Democrat 
majority. Admit your failure. Get over it. Vote to repeal this failed 
CLASS Act, and live to fight another day.
  I recommend that we vote down this motion to recommit and for the 
bill to be repealed.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. GARAMENDI. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of H.R. 1173, if ordered, and motions to 
suspend the rules on H.R. 3835 and H.R. 3567.
  The vote was taken by electronic device, and there were--ayes 175, 
noes 247, not voting 10, as follows:

                             [Roll No. 17]

                               AYES--175

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--247

     Adams
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--10

     Aderholt
     Carson (IN)
     Filner
     Hinchey
     Lankford
     Mack
     Paul
     Roybal-Allard
     Speier
     Walsh (IL)

                              {time}  1859

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall 17, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.

[[Page 741]]




                             Recorded Vote

  Mr. PALLONE. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 267, 
noes 159, not voting 6, as follows:

                             [Roll No. 18]

                               AYES--267

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Cravaack
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Perlmutter
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--159

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berman
     Bishop (GA)
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kissell
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                             NOT VOTING--6

     Carson (IN)
     Filner
     Hinchey
     Mack
     Paul
     Roybal-Allard

                              {time}  1906

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall 18, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''

                          ____________________