Sen. Mike Lee (R-UT) and co-chair of the Congressional Pro-Life Caucus Rep. Chris Smith (R-NJ) led a bicameral letter on Friday to U.S. Office of Personnel Management (OPM) Director Scott Kupor demanding the agency stop “administering government contributions for Members of Congress and Congressional staff in connection with health insurance plans that cover elective abortion, in violation of the longstanding Smith (NJ) Amendment.”
The letter explains that, since 1984, federal laws have prohibited the use of appropriated funds “to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions” except in cases of rape or incest or if the life of the mother is in danger. Lawmakers said the provisions restrict OPM from administering government contributions in connection with any health plan for federal employees that covers elective abortion.
“However, OPM is currently subsidizing plans that cover elective abortion in clear violation of the Smith Amendment,” the letter alleges. “While the Affordable Care Act (ACA) limits Members of Congress and designated Congressional staff to purchasing health plans offered through an Exchange, under a current Obama-era rule in effect since plan year 2014, OPM administers government contributions…for Members of Congress and Congressional staff enrolled in any Gold level health insurance plan offered through the District of Columbia’s Health Exchange Small Business Health Options Program (DC SHOP)—also known as DC Health Link—including plans that cover elective abortion.”
The letter points out OPM’s claim on its website that abortion coverage is enabled by segregated costs, meaning the individual’s contribution to their health plan is used for abortion coverage, while other coverage is derived from taxpayer funds. Republicans rejected that claim in their letter, calling it an “accounting gimmick.”
“OPM’s use of this accounting gimmick to grant abortion subsidies to Congress is not provided for under Section 1303 of the ACA and is blatantly illegal under the Smith Amendment’s strict requirement for a complete exclusion of elective abortion coverage for federal employees,” they wrote. “By flouting the Smith Amendment, such subsidies also violate the Antideficiency Act, which prohibits the authorization of expenditures or obligations without an appropriation by law.” They continued:
Taxpayers, who contribute 72 to 75 percent of these health benefit premiums, do not want their hard-earned tax dollars to pay for abortions,” they continued. “The Smith Amendment does not allow Members of Congress and Congressional staff to operate under a different set of rules than other federal employees when it comes to taxpayer funding of abortion. For 2026, there are only two health plans offered through DC Health Link that do not cover abortion, CareFirst’s BluePreferred PPO Gold and United Healthcare’s Choice Plus Gold.
Therefore, we request swift action by OPM to ensure that any health insurance subsidies for members of Congress or Congressional staff are in full compliance with the clear terms of the Smith Amendment. Any DC SHOP plan that covers elective abortion should not be eligible for a government contribution.
“Thank you for your attention to this important matter. We look forward to working with you to ensure the health and safety of the American people,” lawmakers concluded.
Lawmakers sent the letter amid a larger battle in Congress to extend the Hyde Amendment to expiring Obamacare premium subsidies. The Hyde Amendment bans the use of federal taxpayer dollars from funding abortions, with exceptions for rape or incest, or to save the life of the mother. It was first enacted in 1976 and must be renewed annually through the congressional appropriations process.
Breitbart News reached out to the OPM for comment but did not receive a response by time of publication.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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