Proof the Administration Broke the Law to Fund Obamacare


The House Ways and Means Committee, chaired by Rep. Kevin Brady (R-TX), and the House Energy and Commerce Committee, chaired by Rep. Fred Upton (R-MI), today released new information in an addendum to a joint report, “Joint Congressional Investigative Report into the Source of Funding for the ACA’s Cost Sharing Reduction Program,” released in July  2016.

The initial report chronicled the Committees’ investigation into the Obama Administration’s decision-making processes on the source of funding for the cost sharing reduction (CSR) program, a key Obamacare program. Despite unprecedented obstruction of the investigation and a refusal by the Administration to comply with Congressional subpoenas, the report revealed the Administration knowingly violated the Constitution to fund the CSR program without a Congressional  appropriation.

Since the release of the initial report, the two Committees have continued our investigation to obtain information withheld by the Administration. After six more months of aggressive oversight, the Treasury Department, Health and Human Services Department (HHS), and Office and Management and Budget (OMB) complied with the subpoenas and released documents confirming the initial findings, as well as shedding more light on the Administration’s decision-making process. The Committees have  learned:

  1. High-ranking officials at Treasury, HHS, and OMB discussed and deliberating using money appropriated for tax credits to fund the CSR  program.
  2. Numerous federal employees raised concerns about using the tax credit account to make the CSR payments, but top Administration officials decided to use the unappropriated funds  anyway.
  3. Administration officials based their decision to fund the CSR program on a flawed legal  analysis.

Upon the release of these new findings, Chairmen Brady and Upton  said:

“These new findings are deeply troubling and further demonstrate just how far over the line this Administration has gone to prop up its broken health care law. Because of our Committees’ persistence, we have learned much more about the Administration’s decision to ignore the clear text of the ACA, disregard the separation of powers, and obstruct a Congressional investigation to further its own political  agenda.” 

CLICK HERE to read a copy of the  addendum.

CLICK HERE to learn more about the initial report, released in  July.

CLICK HERE to learn more about the  investigation.

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