When Republicans take control of the Senate next month, their first Obamacare fight may actually be with themselves, in a clash testing just how far to go in forcing lawmakers and their staff to live under the law.
First up will be a decision within the Senate GOP on whether to make a nonbinding rule that all senators must designate all of their staff members as “official,” therefore making them have to buy insurance on the Affordable Care Act’s health exchanges.
But Sen. David Vitter, the Louisiana Republican who is driving the issue, also says he’ll try to force the Senate to vote on a bill halting the subsidy that lawmakers and their staffs get to pay for insurance on the exchanges, saying that’s a benefit no other American receives, so Congress shouldn’t either.
It’s fixing to be an uphill battle. House Republicans last month rejected their own proposal to make all lawmakers list their employees as official — drawing a rebuke from Mr. Vitter — as the Senate prepares to vote on its version next week.
“The House of Representatives had an opportunity to change course [that day], but instead they protected their exemption under Obamacare,” Mr. Vitter said. “Congress gave America Obamacare, and Congress needs to face reality and experience this train wreck law in the exact same way their constituents do.”
Congress is trying to tread a fine line between political optics and pleasing their staff members, many of whom have insurance under the Federal Employees Health Benefits Program used by other government employees and have balked at having to buy coverage on Obamacare’s exchanges.
SEE ALSO: Obama amnesty, Obamacare clash: Businesses have $3,000 incentive to hire illegals
Some senators only put their personal office staff on the exchange, while others designate their committee staffers and leadership staffers “official,” making them have to comply as well.
Lawmakers don’t even have to disclose to the public which path they take — something Mr. Vitter would like to change.
When debating the Affordable Care Act, senators were challenged by Sen. Chuck Grassley, Iowa Republican, to live under the same rules they were writing for everyone else. The “Grassley amendment” passed but has proved messy to implement.
Members feared staff would leave if their health costs rose under the provision, yet they were afraid of publicly carving themselves out of a law with sweeping ramifications for their constituents.
The Obama administration issued regulations last fall that let lawmakers and staff continue to collect a federal subsidy that pays up to 75 percent of their health premiums if they buy insurance on a D.C. exchange.
Mr. Vitter has repeatedly tried to force votes on the Senate floor to cancel the subsidy but has been blocked by Senate Majority Leader Harry Reid, who feared the vote could cost his vulnerable Democrats in this year’s elections. Democrats suffered tremendous losses anyway, delivering control to Republicans beginning early next year.
Asked whether they would allow Mr. Vitter’s subsidy proposal to come up for a vote, a spokesman didn’t answer directly, but said they do plan to allow more amendments than Mr. Reid did.
The spokesman also said Mr. McConnell’s staff uses the exchanges to purchase health insurance.
Senators roaming the Capitol hallways are quick to acquit themselves of any charge they are exempting themselves from Obamacare.
“We’re doing what America is doing,” Sen. James E. Risch, Idaho Republican, said. “We have not exempted anybody.”
“If my staff isn’t ’official,’ I don’t know why I hired them,” quipped Sen. Daniel Coats, Indiana Republican.
Stripping subsidies from staffers, however, draws a more mixed reaction, with some lawmakers arguing it would amount to penalizing their aides for taking a job in Congress when those who work in other federal agencies wouldn’t feel the same sting.
“I want congressional staff to be treated like other federal employees,” said Sen. Roger F. Wicker, Mississippi Republican, who said all of his staff members are deemed official and subject to the exchanges.
An aide to Sen. Lamar Alexander, Tennessee Republican, said the senator feels lawmakers should use the exchanges with no additional support.
But when it comes to staff, “there’s no reason” they should be treated differently than millions of other federal employees.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
Please read our comment policy before commenting.