ENDING THE CONGRESSIONAL EXEMPTION FROM OBAMACARE

ENDING THE CONGRESSIONAL

EXEMPTION FROM OBAMACARE

Toolkit for Activists

www.

teapartypatriots

.org

This [congressional exemption from

ObamaCare] is an issue of fundamental

fairness. Lawmakers are not above the

laws that they pass and I believe that it

is crucial that Members of Congress

abide by the same laws that their own

constituents follow.

–

SENATOR TED CRUZ



1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

TABLE OF CONTENTS

3

HOW TO USE THIS TOOLKIT

4

OPTIONS FOR ENGAGEMENT

5

AN OVERVIEW OF THE EXEMPTION

7

TALKING POINTS

8

SAMPLE TWEETS

9

HOW TO WRITE A LETTER TO THE EDITOR

10

SAMPLE LETTER TO THE EDITOR

11

SAMPLE LETTER TO MEMBER OF CONGRESS

12

SAMPLE LETTER TO THE WHITE HOUSE & ADMINISTRATION

13

OP-EDS AND SUPPORTING DOCUMENTS

16

ABOUT TEA PARTY PATRIOTS

Tea Party Patriots regularly provides toolkits that correspond to the major legislative battles taking place in

Washington, D.C. This special toolkit aims to provide background information and tools for engagement on the

important topic of ending the Congressional exemption from Obamacare.

It has been more than seven years since Congress passed the Patient Protection and Affordable Care Act, commonly

referred to as “Obamacare.” During that time, the law has failed to live up to the Democrats’ promises. Congress, not

wanting to suffer alongside the rest of us under the law, worked behind closed doors with President Obama back in

2013 to create a way to evade the law. The plain text of ObamaCare requires that Members of Congress and their

staff members go on an ObamaCare exchange. Congress wanted to retain its generous taxpayer-funded subsidies for

health insurance, so congressional leaders and President Obama crafted a sneaky and dishonest plan for Congress

(with more than 12,000 employees!) to enroll in Washington, D.C.’s Small Business Exchange.

This toolkit explains, in depth, the background of this exemption, as well as ways for you to engage.

Our position is simple: We firmly believe that Congress will have the impetus and the inclination to repeal

ObamaCare once Members of Congress and their staff get to experience the harsh realities of the law.

We oppose the congressional exemption for two reasons – one is practical, while the other is deeply rooted in the

principles that make our country so great. On the practical side, we do believe that Congress will move swiftly to

repeal the law if Members of Congress and their staff experience a hardship by the law. (Self-interest is an

undeniably strong motivator, and after seven years of living with countless ObamaCare hardships, we are of the

mindset that Congress should have some first-hand experience with these same hardships.)

On the other hand, there is a moral imperative at stake here. We are a nation that highly values the rule of law and

the notion that everyone is equal before the law. Our nation was founded on a principle that was, at the time, quite

radical in its brilliance – that even the elected officials would be subject to the law. Writing in Federalist No. 57,

James Madison argued that the greatest defense against “oppressive measures” would be the safeguard that arises

when Members of Congress are themselves subject to the “full operation” of the law.

ObamaCare is, indeed, an oppressive measure. And we believe James Madison is correct that the best course of

action is to require those on Capitol Hill to live under the laws they write. This toolkit is our best attempt to

produce that result.

We have designed this toolkit for use by individuals and groups alike. We have included several different types of

resources, such as a sample letter to the editor, which can be signed by an individual or an entire tea party group.

If you see something missing, or have any recommendations for future toolkits, please let us know. We always love

to hear how local groups and individual activists are using these resources to get engaged.

We look forward to seeing how you employ the various components of this toolkit!

In liberty,

The Tea Party Patriots Support Team

3

1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

HOW TO USE THIS TOOLKIT

1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

OPTIONS FOR ENGAGEMENT

Write 1 Facebook post to share with your friends about the need to end the illegal and unfair exemption

from ObamaCare that Congress currently enjoys. (Total time: 10 minutes)

Tweet about the Congressional exemption. (Total time: 10 minutes)

Write a letter to the editor. (Total time: 1 hour)

Write an email or letter to a Member of Congress. (Total time: 30 minutes)

Write an email or letter to President Trump. (Total time: 3 hours)

Sign our petition and be sure to “check the box” so we can send your name to Congress. (Total time: 5

minutes) Our petition can be found here:

https://obamacareexemption.act.teapartypatriots.org/

Share our petition on social media. (Total time: 5 minutes) Our petition can be found here:

https://obamacareexemption.act.teapartypatriots.org/

Join us for a rally in Washington, D.C. on September 23, 2017, when Tea Party Patriots goes back to

Washington. Part of the rally’s focus will be ending the congressional exemption. (Total time: 12 hours)

Call other Americans to ask them to sign the petition (Total time: 30 minutes+) [For details on this activity,

please

endtheexemption@teapartypatriots.org

and we will email you a script along with phone numbers

of people to call.]

4

1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

AN OVERVIEW OF THE

CONGRESSIONAL EXEMPTION

5

In March of 2010, Congress enacted the Affordable Care Act (ObamaCare). That law includes Section 1312 (d)(3)(D),

which reads:

“Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the

Federal Government may make available to members of Congress and congressional staff with respect to their

service as a member of Congress or congressional staff shall be health plans. (I) created under this act (or an

amendment made by this act); or (II) offered through an exchange established under this act (or an amendment

made by this act).”

The translation? As of January 1, 2014, Members of Congress and their staff would no longer be allowed to

participate in the Federal Employee Health Benefits Program (FEHBP). Instead, they would be required to enroll in

an ObamaCare exchange.

Now, this is where it gets tricky.

Under the FEHBP, Members of Congress and their staff received generous taxpayer-funded subsidies to partially

cover their insurance premiums (up to 74% of the premium price, in fact). That benefit averaged out to around

$5,000 per single employee and around $11,500 for each employee with a family plan. That’s a generous benefit,

and it is easy to understand why Members of Congress and their staff wanted to retain such a great perk of

their jobs.

It is important to note that the language of the law does not allow for any special health insurance subsidies

or credits.

Once President Obama signed ObamaCare into law, Congress was fated to have the same undesirable experience

with the law that everyday Americans were facing.

Congressional leadership, at one point, considered a vote to appropriate more funds to help staff and Members

of Congress pay for their ObamaCare coverage. But, as one can well imagine, that idea was quickly abandoned

because there was no way the American people would accept a highly visible floor vote in which Congress

opted – on the record! – to exempt itself from an unpopular law.

So, what to do?

This is where Congress got creative – and resorted to unlawful and deceitful measures.

Behind closed doors, congressional leadership met with President Obama to plead with him to intervene and create

an edict of some form to relieve them of the law’s effects. (As an aside, for those interested in American

government and our robust system of checks and balances and separated powers, it is worth reflecting on the

profoundly tragic aspect that our lawmakers sought a directive from the president to override and rewrite,

essentially, the plain text of the law. Members of Congress, our lawmakers who, by definition, have the

constitutional authority to write and rewrite and amend laws, were so brazen in their attempt to keep ObamaCare

intact for the rest of Americans while exempting themselves, that they could not take the constitutionally

proscribed path of amending or repealing the unworkable law. No, in this instance, the Members of Congress

jettisoned their constitutional duty, seeking, instead, relief from the president.)

So, President Obama, who on occasion boasted about his willingness to step in and act where Congress wouldn’t,

was all too happy to oblige. And with that, President Obama gave a directive to OPM (the Office of Personnel

Management) to allow Members of Congress and their staff to continue receiving FEHBP subsidies while on the

ObamaCare exchange.

Section 8901(6) of Title V requires that FEHBP plans be “group” plans. In order to accommodate that requirement,

OPM declared that the DC SHOP exchange (designed for small businesses with fifty or fewer employees) would be

the appropriate place for Members of Congress and their staff.

Congress is made up of two chambers – the U.S. House of Representatives and the United States Senate. Each

functions separately as distinct employers. It is critically important to note that congressional staffers do not work

for Congressman Smith or Senator James. They work for either the United States House of Representatives or the

United States Senate. Why does that distinction matter?

The U.S. House of Representatives and the U.S. Senate

each have thousands of employees. They had no business being in the D.C. Small Business Exchange.

An employee at the House of Representatives and an employee at the Senate both signed documentation certifying

that each chamber had 45 employees. Today, Members of Congress and their staff are enrolled in the wrong

ObamaCare exchange because of falsified documents, fraudulent applications, and a massive deception.

In the following pages, we will explain in further detail the problems with the illegal exemption from ObamaCare.

1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

AN OVERVIEW OF THE

CONGRESSIONAL EXEMPTION

6

In March of 2010, Congress enacted the Affordable Care Act (ObamaCare). That law includes Section 1312 (d)(3)(D),

which reads:

“Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the

Federal Government may make available to members of Congress and congressional staff with respect to their

service as a member of Congress or congressional staff shall be health plans. (I) created under this act (or an

amendment made by this act); or (II) offered through an exchange established under this act (or an amendment

made by this act).”

The translation? As of January 1, 2014, Members of Congress and their staff would no longer be allowed to

participate in the Federal Employee Health Benefits Program (FEHBP). Instead, they would be required to enroll in

an ObamaCare exchange.

Now, this is where it gets tricky.

Under the FEHBP, Members of Congress and their staff received generous taxpayer-funded subsidies to partially

cover their insurance premiums (up to 74% of the premium price, in fact). That benefit averaged out to around

$5,000 per single employee and around $11,500 for each employee with a family plan. That’s a generous benefit,

and it is easy to understand why Members of Congress and their staff wanted to retain such a great perk of

their jobs.

It is important to note that the language of the law does not allow for any special health insurance subsidies

or credits.

Once President Obama signed ObamaCare into law, Congress was fated to have the same undesirable experience

with the law that everyday Americans were facing.

Congressional leadership, at one point, considered a vote to appropriate more funds to help staff and Members

of Congress pay for their ObamaCare coverage. But, as one can well imagine, that idea was quickly abandoned

because there was no way the American people would accept a highly visible floor vote in which Congress

opted – on the record! – to exempt itself from an unpopular law.

So, what to do?

This is where Congress got creative – and resorted to unlawful and deceitful measures.

Behind closed doors, congressional leadership met with President Obama to plead with him to intervene and create

an edict of some form to relieve them of the law’s effects. (As an aside, for those interested in American

government and our robust system of checks and balances and separated powers, it is worth reflecting on the

profoundly tragic aspect that our lawmakers sought a directive from the president to override and rewrite,

essentially, the plain text of the law. Members of Congress, our lawmakers who, by definition, have the

constitutional authority to write and rewrite and amend laws, were so brazen in their attempt to keep ObamaCare

intact for the rest of Americans while exempting themselves, that they could not take the constitutionally

proscribed path of amending or repealing the unworkable law. No, in this instance, the Members of Congress

jettisoned their constitutional duty, seeking, instead, relief from the president.)

So, President Obama, who on occasion boasted about his willingness to step in and act where Congress wouldn’t,

was all too happy to oblige. And with that, President Obama gave a directive to OPM (the Office of Personnel

Management) to allow Members of Congress and their staff to continue receiving FEHBP subsidies while on the

ObamaCare exchange.

Section 8901(6) of Title V requires that FEHBP plans be “group” plans. In order to accommodate that requirement,

OPM declared that the DC SHOP exchange (designed for small businesses with fifty or fewer employees) would be

the appropriate place for Members of Congress and their staff.

Congress is made up of two chambers – the U.S. House of Representatives and the United States Senate. Each

functions separately as distinct employers. It is critically important to note that congressional staffers do not work

for Congressman Smith or Senator James. They work for either the United States House of Representatives or the

United States Senate. Why does that distinction matter?

The U.S. House of Representatives and the U.S. Senate

each have thousands of employees. They had no business being in the D.C. Small Business Exchange.

An employee at the House of Representatives and an employee at the Senate both signed documentation certifying

that each chamber had 45 employees. Today, Members of Congress and their staff are enrolled in the wrong

ObamaCare exchange because of falsified documents, fraudulent applications, and a massive deception.

In the following pages, we will explain in further detail the problems with the illegal exemption from ObamaCare.

1025 Rose Creek Dr., Ste. 620-322 | Woodstock, GA 30189 | www.

teapartypatriots

.org

TALKING POINTS ON THE CONGRESSIONAL

EXEMPTION FROM OBAMACARE

7

Congress should not be above the law.

• Congress passed ObamaCare in 2010, over the loud objections of the American people. Americans remain

opposed to the law.

• Congress has given itself a special exemption that no one else in America gets.

• There is a moral imperative at stake: Members of Congress MUST live under the laws they write.

• Members of Congress should not be treated as a special class of citizens.

IT’S TIME TO REPEAL THE LAW

• Then-Speaker of the House Nancy Pelosi famously said at the time that Congress had to “pass it to find out

what’s in it.” Once Congress learned what was in the law, Members and their staff began working feverishly for

a special opt-out plan for themselves.

• Average American citizens not fortunate enough to work on Capitol Hill are still struggling with higher premiums,

loss of insurance, and penalties from the IRS. We want an exemption and a reprieve from this terrible law!

• ObamaCare is a deeply flawed law, and the fact that Congress wants to continue to be shielded from the full

effects of the law is proof that it is time for FULL REPEAL.

• Repealing ObamaCare is the best way to guarantee that all Americans – not just the privileged elites in

Congress – will be shielded from the law’s damaging effects.