Two dozen Republican lawmakers say members of Congress and their employees have entry to taxpayer-funded healthcare plans that embody protection for elective abortions, in violation of federal regulation.
Sen. Mike Lee (R-UT) and co-chair of the Congressional Professional-Life Caucus Rep. Chris Smith (R-NJ) led a bicameral letter on Friday to U.S. Workplace of Personnel Administration (OPM) Director Scott Kupor demanding the company cease “administering authorities contributions for Members of Congress and Congressional employees in reference to medical health insurance plans that cowl elective abortion, in violation of the longstanding Smith (NJ) Modification.”
The letter explains that, since 1984, federal legal guidelines have prohibited using appropriated funds “to pay for an abortion, or the executive bills in reference to any well being plan below the Federal workers well being advantages program which supplies any advantages or protection for abortions” besides in instances of rape or incest or if the lifetime of the mom is at risk. Lawmakers mentioned the provisions limit OPM from administering authorities contributions in reference to any well being plan for federal workers that covers elective abortion.
“Nevertheless, OPM is presently subsidizing plans that cowl elective abortion in clear violation of the Smith Modification,” the letter alleges. “Whereas the Inexpensive Care Act (ACA) limits Members of Congress and designated Congressional employees to buying well being plans supplied via an Trade, below a present Obama-era rule in impact since plan yr 2014, OPM administers authorities contributions…for Members of Congress and Congressional employees enrolled in any Gold stage medical health insurance plan supplied via the District of Columbia’s Well being Trade Small Enterprise Well being Choices Program (DC SHOP)—often known as DC Well being Hyperlink—together with plans that cowl elective abortion.”
The letter factors out OPM’s declare on its web site that abortion protection is enabled by segregated prices, that means the person’s contribution to their well being plan is used for abortion protection, whereas different protection is derived from taxpayer funds. Republicans rejected that declare of their letter, calling it an “accounting gimmick.”
“OPM’s use of this accounting gimmick to grant abortion subsidies to Congress isn’t supplied for below Part 1303 of the ACA and is blatantly unlawful below the Smith Modification’s strict requirement for an entire exclusion of elective abortion protection for federal workers,” they wrote. “By flouting the Smith Modification, such subsidies additionally violate the Antideficiency Act, which prohibits the authorization of expenditures or obligations with out an appropriation by regulation.” They continued:
Taxpayers, who contribute 72 to 75 p.c of those well being profit premiums, are not looking for their hard-earned tax {dollars} to pay for abortions,” they continued. “The Smith Modification doesn’t permit Members of Congress and Congressional employees to function below a special algorithm than different federal workers on the subject of taxpayer funding of abortion. For 2026, there are solely two well being plans supplied via DC Well being Hyperlink that don’t cowl abortion, CareFirst’s BluePreferred PPO Gold and United Healthcare’s Selection Plus Gold.
Due to this fact, we request swift motion by OPM to make sure that any medical health insurance subsidies for members of Congress or Congressional employees are in full compliance with the clear phrases of the Smith Modification. Any DC SHOP plan that covers elective abortion shouldn’t be eligible for a authorities contribution.
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