In a recent Wall Street Journal article:
The Affordable Care Act requires Members of Congress and their staffs to participate in its insurance exchanges, in order to gain first-hand experience with what they're about to impose on their constituents. [...]
And now the White House is suspending the law to create a double standard. The Office of Personnel Management (OPM) that runs federal benefits will release regulatory details this week, but leaks to the press suggest that Congress will receive extra payments based on the FEHBP defined-contribution formula, which covers about 75% of the cost of the average insurance plan. For 2013, that's about $4,900 for individuals and $10,000 for families. [...]
This latest White House night at the improv is also illegal. OPM has no authority to pay for insurance plans that lack FEHBP contracts, nor does the Affordable Care Act permit either exchange contributions or a unilateral bump in congressional pay in return for less overall compensation. Those things require appropriations bills passed by Congress and signed by the President.
But the White House rejected a legislative fix because Republicans might insist on other changes, and Mr. Obama feared that Democrats would go along because they're looking out for number one. So the White House is once again rewriting the law unilaterally, much as it did by suspending ObamaCare's employer mandate for a year.
Is it illegal for the President (or an office of the Executive Branch like the OPM) to write regulatory legislation that pays for insurance or increase pay to offset loss in benefits of Congress or Congressional staff? (or does it require an appropriations bill from Congress)
If it is illegal, what remediation is available to taxpayers? (I would suspect that a citizen wouldn't have standing to bring this issue before the court, but I may be wrong)