Lawmakers Exempt Themselves From Obamacare

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(NRO) — Prostitution. Bribery. Blackmail. Thuggery. Hypocrisy.

Those were just some of the incendiary words thrown around the U.S. Senate last week, and that doesn’t count what people said in private.

The Senate may still have a reputation as a genteel club, but lawmakers seemed to abandon rules of decorum completely last week in arguments about whether Congress should be treated like the rest of the country when it comes to Obamacare.

Senator David Vitter, a Louisiana Republican, has demanded a floor vote on his bill to end an exemption that members of Congress and their staffs are slated to get that will make them the only participants in the new Obamacare exchanges to receive generous subsidies from their employer to pay for their health insurance. Angry Senate Democrats have drafted legislation that dredges up a 2007 prostitution scandal involving Vitter. The confrontation is a perfect illustration of just how wide the gulf in attitudes is between the Beltway and the rest of the country — and how viciously Capitol Hill denizens will fight for their privileges.

In 1995, the newly elected Republican Congress passed a Congressional Accountability Act to fulfill a promise made the previous year in the Contract with America. For the first time, the Act applied to Congress the same civil-rights employment and labor laws that lawmakers had required everyday citizens to abide by. With some lapses, it’s worked well to defuse public outrage about “one law for thee, one law for me” congressional behavior.

In 2009, Senator Chuck Grassley (R., Iowa) decided that the principle deserved to be embedded in Obamacare, and he was able to insert a provision requiring all members of Congress and their staffs to get insurance through the Obamacare health exchanges. “The more that Congress experiences the laws it passes, the better,” said Grassley. Although his amendment was watered down before final passage to exclude committee staff, it still applies to members of Congress and their personal staffs. Most employment lawyers interpreted that to mean that the taxpayer-funded federal health-insurance subsidies dispensed to those on Congress’s payroll — which now range from $5,000 to $11,000 a year — would have to end.

Democratic and Republican staffers alike were furious, warning that Congress faced a “brain drain” if the provision stuck. Under behind-the-scenes pressure from members of Congress in both parties, President Obama used the quiet of the August recess to personally order the Office of Personnel Management, which supervises federal employment issues, to interpret the law so as to retain the generous congressional benefits.

OPM had previously balked at issuing such a ruling. Even without OPM, Congress could have voted to restore the subsidies or ordered a salary raise to compensate for the loss of benefits, but that would have been a messy, public process, which everyone wanted to avoid.

Senator Vitter says the OPM ruling has removed “the sting of Obamacare” from Congress. “Many Americans will see their health coverage dropped by employers, and they will be forced into the exchanges,” he told me last week. “If Congress is forced into them on the same terms, it will be more likely to fix Obamacare’s problems for others.” The bill he and his co-author, Senator Mike Enzi of Wyoming, have drafted would make everyone working on Capitol Hill buy insurance through the exchanges — with no subsidies. White House officials and political appointees in the executive branch would also be required to obtain health insurance through the exchanges. Read more via National Review Online..

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