[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Extensions of Remarks]
[Page 10193]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 CHAMPIONSHIP EXEMPTION PROTECTION ACT

                                 ______
                                 

                             HON. LEE TERRY

                              of nebraska

                    in the house of representatives

                        Wednesday, June 27, 2012

  Mr. TERRY. Mr. Speaker, I am pleased to support Chairman Tim Walberg 
as an original co-sponsor of H.R. 5969 and H.R. 5970. These two pieces 
of legislation reaffirm the importance of maintaining access to 
quality, affordable, in-home companionship care.
  Last year when the Department of Labor first proposed a rule to 
change the in-home companionship care exemption under the Fair Labor 
Standards Act, I introduced a preemptive piece of legislation, H.R. 
3066, that sought to clarify some issues the Secretary of Labor is 
seeking to change through regulation.
  The Secretary, not surprisingly, did not listen. Her department 
continues to run roughshod over the will of Members of Congress and 
what is best for patients that rely on this important service.
  When testifying before a Senate panel earlier this Congress, the 
Secretary admitted that her agency had not consulted with State 
Medicaid officials on how the proposed regulation would impact them. 
Independent economic analysis has proven that this regulation will end 
up driving more people into having to use Medicaid to utilize nursing 
home care and further exacerbate that budgetary crisis many states are 
in.
  H.R. 5969 preserves the companionship services exemption by 
clarifying what these services entail and who specifically the third 
party employers in this space are. H.R. 5970 reaffirms that the 
Secretary of Labor shall not finalize her proposed rule, titled 
``Application of the Fair Labor Standards Act to Domestic Service.'' I 
hope she chooses to listen and reevaluate.

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