Twenty Republican members of Congress allege that federal law is being violated by allowing members and their staff access to taxpayer-funded health care plans that include coverage for elective abortions.
Sen. Mike Lee (R-Utah) and Congressman Chris Smith (R-N.J.), who co-chairs the Congressional Pro-Life Caucus, sent a letter on Friday urging U.S. Office of Personnel Management (OPM) Secretary Scott Cooper to take action. They argue this situation contradicts the long-standing Smith Amendment, which restricts government contributions related to health insurance plans that cover elective abortions.
The letter states that since 1984, federal law has prohibited the allocation of funds for abortions. It mentions that administrative expenses regarding health plans under the Federal Employees Health Benefits Program—which provide coverage for abortions only in cases of rape, incest, or when the mother’s life is at risk—restrict OPM’s role in administering government contributions related to health plans that include elective abortions.
However, the letter claims that OPM is currently supporting plans that cover elective abortions, in clear violation of the Smith Amendment. While the Affordable Care Act (ACA) limits members of Congress and certain staff from purchasing health plans through exchanges, current rules from the Obama administration, effective since 2014, allow OPM to oversee government contributions to the District of Columbia Health Exchange Small Business Health Options Program (DC SHOP). This includes plans for Congressional members and staff that provide coverage for elective abortions.
Lawmakers highlight that OPM’s website suggests abortion coverage is achieved via cost segregation, meaning private insurance contributions fund abortion coverage, while taxpayer money covers other expenses. They rejected this notion as a “fiscal gimmick.”
They argue, “OPM’s use of this fiscal strategy to fund abortion subsidies for Congress goes against Section 1303 of the ACA and violates the Smith Amendment’s requirements to completely exclude elective abortion coverage for federal employees.” They add that ignoring the Smith Amendment could also breach the Anti-Deficiency Act, which prohibits spending without legal appropriation.
“Taxpayers, who pay 72 to 75 percent of these health benefit premiums, do not want their hard-earned tax dollars used to fund abortions. The Smith Amendment ensures members of Congress do not operate under different rules than other federal employees regarding taxpayer funding for abortions.” It’s noted that by 2026, only two plans available through DC Health Link will not cover abortion: CareFirst’s BluePreferred PPO Gold and United Healthcare’s Choice Plus Gold.
They call for OPM to immediately ensure that health insurance subsidies for Congress comply fully with the Smith Amendment regulations. Plans covering elective abortions through DC SHOP should not qualify for government contributions.
The lawmakers concluded their letter by expressing appreciation for attention to this matter and looking forward to collaboration to safeguard the health and safety of the American people.
This letter comes at a time when there is ongoing discussion in Congress about extending the Hyde Amendment, which prohibits using federal taxpayer funds for abortions, except in cases of rape, incest, or to save the mother’s life. This amendment has been in place since 1976 and must be renewed annually through the congressional spending process.
Contact was made with OPM for comment, but no response was available by the time of publication.
