Making Obamacare apply to Congress

Byron York:

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Back in 2009, when Democrats were writing the massive new national health care scheme, Iowa Republican Sen. Chuck Grassley offered an amendment. Obamacare created exchanges through which millions of Americans would purchase "affordable" health coverage. Grassley's amendment simply required lawmakers, staff, and some in the executive branch to get their insurance through the exchanges, too.

To every Republican's amazement, Democrats accepted the amendment. It's never been fully clear why; the best theory is they intended to take the provision out in conference committee, but couldn't do so because they lost their filibuster-proof 60-vote majority. In any event, Obamacare --- the law of the land, as supporters like to say --- now requires Congress to buy its health care coverage through the exchanges. 

That has caused Democratic panic as the formal arrival of Obamacare nears. Right now, all lawmakers and staff are entitled to enjoy generously-subsidized coverage under the Federal Employees Health Benefits plan. Why give up that subsidy and go on the exchanges like any average American?

But that's the law. It could be amended, but Democrats, who voted unanimously for Obamacare, couldn't very well expect much help from Republicans, who voted unanimously against it. So over the summer Democrats asked President Obama to simply create an Obamacare exception for Capitol Hill.

Not long after --- presto! --- the Office of Personnel Management unveiled a proposed rule to allow members of Congress, their staff, and some executive branch employees to continue receiving their generous federal subsidy even as they purchase coverage on the exchanges. No ordinary American would be allowed such an advantage.

Vitter watched the maneuvering that led to the OPM decision. He began work on what became the Vitter Amendment, which he likes to call "No Washington Exemption from Obamacare," that would reverse the OPM ruling. It specifies that members of Congress, staff, the president, vice president and all the administration's political appointees buy health coverage through Obamacare exchanges. If any of them earn incomes low enough to qualify for regular Obamacare subsidies, they will receive them --- just like any other American. But those with higher incomes will have to pay for their coverage on the exchanges --- just like everybody else.

Vitter hasn't exactly thrilled his colleagues. "There has been a lot of pushback behind the scenes, including from many Republicans," he says. Political types have complained that the requirement will cause "brain drain" on the Hill as staffers escape the burden of paying for their own coverage. "My response is, first of all, it's the law," says Vitter. "Look, this is a disruption. It's exactly what's happening across America, to people who are going to the exchanges against their will. To me, that's the point."

Ron Johnson, the Republican senator from Wisconsin, is one colleague delighted by Vitter's move. The idea of equal Obamacare treatment for Washington is enormously popular around the country, Johnson points out, which means even lawmakers who don't like it will be afraid to oppose it.
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There needs to be a recorded vote on this amendment, especially for vulnerable Democrats in red states.  The Republicans should not allow Harry Reid to get away with his cover up of  Obama mendacity.