U.S. Senator Mike Lee (R-UT), along with Representative Chris Smith (R-NJ) and a coalition of lawmakers from both chambers, has sent a letter to the U.S. Office of Personnel Management (OPM) demanding an end to taxpayer-funded health care plans that include elective abortion coverage for members of Congress and their staff.
The legislators cite a 1984 law, known as the Smith Amendment, which prohibits the use of federal funds for elective abortions or related administrative expenses under federal employee health benefits programs, except in cases involving danger to the mother’s life, rape, or incest. According to the letter, nearly all health plans offered to Congressional employees currently provide coverage for elective abortions, which the signatories argue violates this longstanding restriction.
The letter states:
“We urge you to stop the Office of Personnel Management (OPM) from 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.
“Since 1984, the Smith Amendment to the Financial Services Appropriations bill has 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 ‘where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest’ (Consolidated Appropriations Act 2023, Pub. L. 117-328, Div. D, Title VI, sec. 613, 614, December 29, 2022). This longstanding provision of law restricts 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. 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 (5 CFR § 890.501(h), 78 FR 60653, October 2, 2013), OPM administers government contributions under 5 U.S. Code § 8906 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.
“In its regulatory preamble (78 FR 60654, October 2, 2013) and on its Frequently Asked Questions webpage, OPM claims that these abortion subsidies are allowed by attributing the segregated costs of the elective abortion coverage and associated administrative expenses to the individual’s contribution rather than taxpayers’ contribution. OPM’s use of this accounting gimmick to grant abortion subsidies to Congress is not provided for under Section 1303 of ACA and is blatantly illegal under Smith Amendment’s strict requirement for a complete exclusion of elective abortion coverage for federal employees. By flouting Smith Amendment such subsidies also violate Antideficiency Act which prohibits authorization expenditures obligations without appropriation by law.
“Taxpayers who contribute seventy-two to seventy-five percent these health benefit premiums do not want their hard-earned tax dollars pay abortions. The Smith Amendment does not allow Members Congress Congressional staff operate different set rules than other federal employees when comes taxpayer funding abortion. For two thousand twenty-six there only two health plans offered through DC Health Link do not cover abortion CareFirst BluePreferred PPO Gold United Healthcare Choice Plus Gold.
“Therefore we request swift action by OPM ensure any health insurance subsidies members Congress Congressional staff full compliance clear terms Smith Amendment Any DC SHOP plan covers elective abortion should not be eligible government contribution
“Thank you your attention important matter We look forward working with you ensure health safety American people.”
Signatories include Senators Jim Banks (R-IN), Steve Daines (R-MT), Kevin Cramer (R-ND), Ted Cruz (R-TX), James Lankford (R-OK), Pete Ricketts (R-NE); and Representatives Sheri Biggs (R-SC), Tim Burchett (R-TN), Eric Burlison (R-MO), Ben Cline (R-VA), Andrew Clyde (R-GA), Michael Cloud (R-TX), Virginia Foxx (R-NC), Russ Fulcher (R-ID), Michael Guest (R-MS), Clay Higgins (R-LA), Mark Messmer (R-IN), Mary Miller (R-IL), Barry Moore (R-AL), Keith Self (R-TX), Marlin Stutzman (R-IN) and Daniel Webster(R-FL).
The lawmakers are requesting immediate action from OPM so that future Congressional employee healthcare options comply fully with existing legal restrictions on federally funded abortion services.
