Entitlement Reform

Moderate Republicans joined with Democrats and ensured that Obamacare remains the law of the land.

Stacy French - July 28th, 2017

Coalition Letter: Congressional Obamacare Exemption Letter

Andrew Roth - July 24th, 2017

Download PDF here

July 21, 2017

President Donald J. Trump
1600 Pennsylvania Ave NW
Washington, DC 20500

Dear Mr. President:

On behalf of millions of taxpayers who are members and supporters of our organizations, we urge you to direct the Office of Personnel Management (OPM) to rescind the Obamaera rule (78 Fed. Reg. 60653-01) that allows Congress to masquerade as a small business in order to force taxpayers to pay for their health insurance.

This ongoing fraud improperly allows Congress and its staff to avoid the pain the Patient Protection and Affordable Care Act (“Obamacare”) is inflicting on millions of other Americans. When Congress was debating Obamacare, the American people demanded that Congress subject themselves and their staff to the new system they were imposing on their fellow Americans.

Those demands worked, and before Obamacare passed the Senate in 2009, Section 1312(d)(3)(D) was included. That section requires members of Congress and their staff to buy health insurance through an Obamacare exchange, and unlike an earlier proposed version does not authorize an employer contribution toward their premiums.

The provision was set to take effect in 2014, causing panic on Capitol Hill. Members of Congress and their staff were desperate to keep their taxpayer-funded, gold-plated health care rather than go into Obamacare and pay their own way, as the law required.

After a meeting with Senate Democrats in March 2013, then-president Barack Obama personally committed to illegally exempt Congress from this provision of Obamacare.1 And he did.

Obama directed OPM to issue a rule purporting that Congress, which has thousands of employees, is a small business and therefore: “the DC Health Link Small Business Market administered by the DC Health Benefit Exchange Authority, is the appropriate SHOP from which Members of Congress and designated congressional staff will purchase health insurance in order to receive a Government contribution.”2

This fraud of instructing Congress to masquerade as a small business was the key to the scheme, because if members of Congress and their staff had signed up for Obamacare under the individual exchange – as any other American losing employer coverage has to – they would have had to pay their own premiums.

The House and Senate each filed a false declaration with the DC Health Benefit Exchange Authority claiming to have less than 50 employees – an indefensible fact that was never publicly disclosed.3

Fortunately, you have the power to end the scheme by directing OPM to rescind the Obama rule and issue a new rule that conforms to the statutory requirement the Congress and their staff pay their own premiums in the individual Obamacare exchange. We urge you to do so expeditiously.


Phil Kerpen
American Commitment

Daniel Schneider
Executive Director
American Conservative Union

Sean Noble
American Encore

Tim Wildmon
American Family Association

Christine Harbin
Vice President of External Affairs
Americans for Prosperity

Grover Norquist
Americans for Tax Reform

Gayle S. Trotter
American Womens Alliance, Inc.

Andrew F. Quinlan
Center for Freedom and Prosperity

Jeffrey Mazzella
Center for Individual Freedom

David McIntosh
Club for Growth

Thomas Schatz
Citizens Against Government Waste

Matthew Kandrach
Consumer Action for a Strong Economy

Ed Martin
Phyllis Schlafly’s Eagle Forum Education and Legal Defense Fund

Patrick Purtill
Director of Legislative Affairs
Faith & Freedom Coalition

Ryan Ellis
Senior Tax Advisor
Family Business Coalition

David Bozell

Jason Pye
Vice President of Legislative Affairs

Nathan Nascimento
Vice President of Policy
Freedom Partners

George Landrith
Frontiers of Freedom

David Barnes
Director of Policy
Generation Opportunity

Michael A. Needham
Chief Executive Officer
Heritage Action for America

Carrie L. Lukas
Independent Women’s Forum

Heather R. Higgins
President and CEO
Independent Women’s Voice

Andrew Langer
Institute for Liberty

Tom Giovanetti
Institute for Policy Innovation
Tom Fitton
Judicial Watch

Seton Motley
Less Government

Gregory T. Angelo
Log Cabin Republicans

L. Brent Bozell III
Media Research Center

David Ridenour
National Center for Public Policy Research

Bob Adams
Revive America PAC

David Williams
Taxpayers Protection Alliance

Judson Phillips
Tea Party Nation

Jenny Beth Martin
Tea Party Patriots

60 Plus Association
James L. Martin

Dean Clancy
Partner Adams Auld LLC

Greg Scandlen
Senior Fellow
Consumers for Health Care Choices

Ginni Thomas
Liberty Consulting

Maureen Blum
Strategic Coalitions & Initiatives LLC

David A. Keene
Washington Times


Bresnahan and Jake Sherman, “Obama on Hill’s ACA mess: I’m on it,”
 Federal Employees Health Benefits Program: Members of Congress and Congressional Staff, 78 Fed. Reg. 60653-01 (Oct. 2, 2013). https://www.gpo.gov/fdsys/pkg/FR-2013-10-02/pdf/2013-23565.pdf  
 Judicial Watch,
D.C. Government Concedes Law Does Not Allow for C
ongress to Obtain Obamacare in ‘
SmallBusiness Exchange
,’” Jan.

CFG on TV: McIntosh on FBN’s Making Money discussing Obamacare Repeal Efforts

Stacy French - July 20th, 2017

Club for Growth Supports 2015 Repeal Obamacare Bill

Rachael Slobodien - July 18th, 2017

“This should be a slam dunk; the Senate already passed this legislation once.”

Washington, DC –Club for Growth President David McIntosh offered the following statement after Republican Leader Mitch McConnell (R-KY) announced his plans with regard to the Senate’s 2015 Obamacare repeal bill:

“Club for Growth applauds Leader McConnell’s promise to bring the 2015 Obamacare repeal bill before the Senate,” Club for Growth President David McIntosh.  “While the stories have already been written placing a nail in the coffin of repealing Obamacare, Club for Growth is not willing to retreat.  Here’s to hoping that the third time’s the charm.

“While short of perfection—the 2015 legislation leaves several Obamacare regulations in place—it is the best option Republicans currently have to begin to repeal Obamacare.  And this should be a slam dunk.  After all, Senate Republicans already passed this legislation once.

What’s changed between now and then is that in 2015 Republicans could hide behind President Obama’s veto.  Well, Obama is no longer president and Senate Republicans got exactly what they wished for: a Republican in the White House who will sign repeal legislation brought to his desk.  With the Obama impediment gone, moderate Republicans—most of whom supported the 2015 legislation—will now be forced to reveal their true colors.

“It was easy for moderate Republicans to grandstand and regurgitate fiery political rhetoric when they knew repeal efforts would go nowhere, but now they will have to do something politicians don’t often do.  And that is keep their promises.

Because it is vital for the overall goal of eventually repealing ALL of Obamacare, the Club for Growth is going to key vote in favor of the 2015 repeal bill.  The vote will be included in the Club for Growth’s 2017 congressional scorecard.



Club for Growth: Obamacare Repeal Should Include the Lee-Cruz Consumer Freedom Option and Nix the NIIT

Rachael Slobodien - July 05th, 2017

“Congress should not stand in the way of allowing Americans who want to opt out of Obamacare to do so.”


Washington, DC – Today, Club for Growth President David McIntosh issued the following statement in response to ongoing discussions about how to improve the Senate GOP’s Obamacare repeal efforts:

“The fate of Obamacare repeal currently lies in the hands of the U.S. Senate—many members of which won their seats based on campaign promises to repeal and replace Obamacare,” said Club for Growth President David McIntosh.

“After almost a decade of promising to repeal Obamacare, it’s time for Republican senators to put their money where their mouths are and get it done.

“At a bare minimum, Congress should not stand in the way of allowing Americans who want to opt out of Obamacare to do so.  And that’s why it’s so important that the new Senate Obamacare repeal bill include the Lee-Cruz Consumer Freedom Option, which would allow individuals to opt out of Obamacare’s costly regulations.

“While including the Lee-Cruz amendment would be a significant step in the right direction, a step in the wrong direction—more like a trip—would be for the GOP to keep the 3.8 percent Net Investment Income Investment Tax (NIIT) on capital gains and dividends.  This tax, just like any tax increase, is an anathema to conservatives as it suppresses economic growth and opportunity throughout our nation.  Under no circumstances should the NIIT be included in any forthcoming Republican ‘repeal’ bill.

“If Majority Leader Mitch McConnell is unable to salvage the ‘Better Care Reconciliation’ bill, then the next best option would be to pass a real repeal bill as a standalone.  That is, a bill that would repeal all of the taxes and all of the regulations in Obamacare.

“The American people are tired of a Congress that overpromises and underdelivers.  That wouldn’t cut it in any other workplace and it shouldn’t fly in Congress either.  With thirteen legislative days left between now and Labor Day, the American people’s message to Congress couldn’t be clearer: they’ve got to get the job done.”