Health Care for ALL Americans . . . except senior officials and their staff

New Ledger writer and blogger Ben Domenech writes of a little discussed portion of the recent Health Care Legislation that exempts "senior Democrat staffers who wrote the bill from being forced to purchase health care plans in the same way as other Americans."

A major story during the course of the health care debate was whether members of Congress would commit to placing themselves in the same health care exchanges as average citizens, or whether they would hang on to their government plans — that’s why leadership chose to add this portion to the bill, serving as a guarantee that members would participate in the same health plans as the people. Here’s the relevant text:

(D) MEMBERS OF CONGRESS IN THE EXCHANGE-

(i) REQUIREMENT- 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 that are–

(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).

But as with a lot of legislative matters, the devil is in the details — or in this case, the definitions. As anyone who’s worked on Capitol Hill knows, the personal office staff for a member is governed by different rules than those who work on committees and in the leadership offices. It appears from the way this language is written that those staffers NOT in personal offices, such as those working and paid under the committee structure (such as those working for Chairman Henry Waxman) or those working on leadership staff (such as those working for Speaker Nancy Pelosi) would be exempt from these requirements (emphasis added).

(ii) DEFINITIONS- In this section:

(I) MEMBER OF CONGRESS- The term `Member of Congress’ means any member of the House of Representatives or the Senate.

(II) CONGRESSIONAL STAFF- The term `congressional staff’ means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.

According to the Congressional Research Service, this definition of staff will only apply to those staffers employed within a member’s “personal office” — meaning that it will absolutely not apply to committee staff members, and may not apply to leadership staff.

This problem was acknowledged earlier in the process — last year, Senator Grassley tried to repair it, but he was rebuffed.

As Speaker Pelosi said a few weeks ago, it’s only after this legislation is passed that we’ll truly find out what’s in it.

For his part Senator Chuck Grassley is renewing his efforts to show the Democratic Leaders hypocrisy for what it is.

Grassley says health care reform should apply to President Obama, top administration officials


WASHINGTON – Senator Chuck Grassley today said he will offer an amendment during Senate debate on the health care reconciliation bill this week to apply the reform legislation to the President, Vice President, cabinet members and top White House staff.

“It’s pretty unbelieveable that the President and his closest advisors remain untouched by the reforms they pushed for the rest of the country. In other words, President Obama’s health care reform won’t apply to President Obama,” Grassley said. “Last December, the effort to apply any new law to administration political leaders was rejected by the Senate Majority Leader. But there’s no justification for the double standard, and I’ll continue to work to establish fairness.”

The Senate legislation passed last night by the House of Representatives includes an amendment Grassley sponsored and got adopted by the Finance Committee last fall to have members of Congress and their staffs get their health insurance through the same health insurance exchanges where health plans for the general public would be available. During the closed-door negotiations on the bill late last year, the Senate Majority Leader carved out Senate committee and leadership staff from this requirement.

Subsequently, Grassley and Senator Tom Coburn attempted to offer another amendment to restore the requirement during Senate debate on the health care bill, but the Senate Majority Leader would not let their amendment to fix this loophole even come up for a vote. In addition to Senate committee and leadership staff, the amendment Grassley and Coburn filed during the Senate debate would have made the President, the Vice President, top White House staff and cabinet members all get their health insurance through the newly created exchanges. It would not have applied to federal employees in the civil service.

Grassley said, “It’s only fair and logical that top administration officials, who fought so hard for passage of this overhaul of America’s health care system, experience it themselves. If it’s as good as promised, they’ll know it first-hand. If there are problems, they’ll be able to really understand them, as they should.”

Grassley said the motivation for his amendments is simple: public officials who make the laws or lead efforts to have laws changed should live under those laws.

“This is the same principle that motivated me to pursue legislation over 20 years ago to apply civil rights, labor and employment laws to Congress,” Grassley said. Before President Clinton signed into law Grassley’s long-sought Congressional Accountability Act of 1995, Congress had routinely exempted itself.

The Congressional Accountability Act made Congress subject to 12 laws, including the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Employee Polygraph Protection Act of 1988, the Fair Labor Standards Act of 1938, the Family and Medical Leave Act of 1993, the Federal Service Labor-Management Relations Statute, the Occupational Safety and Health Act of 1970, the Rehabilitation Act of 1973, the Veteran’s Employment and Reemployment Rights at Chapter 43 of Title 38 of the U.S. Code, and the Worker Adjustment and Retraining Notification Act of 1989.

Today, Grassley is working to make sure Congress lives up to the same standards it imposes on others with legislation such as his Congressional Whistleblower Protection Act.