Two dozen Republican lawmakers have raised concerns about members of Congress and their staff having access to taxpayer-funded healthcare plans that include coverage for elective abortions, which they say violates federal law.
Senator Mike Lee (R-UT) and Representative Chris Smith (R-NJ), co-chair of the Congressional Pro-Life Caucus, led a letter on Friday addressed to U.S. Office of Personnel Management (OPM) Director Scott Kupor. The letter calls on OPM to 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 lawmakers stated that since 1984, federal law 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 involving rape, incest, or danger to the life of the mother. They argued these provisions prevent OPM from administering government contributions toward any health plan for federal employees that covers elective abortion.
The letter alleges: “However, OPM is currently subsidizing plans that cover elective abortion in clear violation of the Smith Amendment.” It notes that while the Affordable Care Act limits members of Congress and designated staff to purchasing health plans through an Exchange, an Obama-era rule allows OPM to administer government contributions for those enrolled in Gold level health insurance plans offered through DC Health Link’s Small Business Health Options Program (DC SHOP), including plans covering elective abortion.
The lawmakers challenged OPM’s claim on its website that abortion coverage is enabled by segregated costs—where individual contributions are used for abortion coverage and other coverage comes from taxpayer funds—calling it an “accounting gimmick.” They wrote: “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. 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. 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.”
The letter concludes with a request: “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.
This correspondence comes as Congress debates extending Hyde Amendment restrictions—which prohibit federal funding for most abortions—to expiring Obamacare premium subsidies. The Hyde Amendment was first enacted in 1976 and must be renewed annually during congressional appropriations.
Chris Smith has served as a member of U.S. Congress representing New Jersey’s 4th district since 1981 after succeeding Frank Thompson. He was born in Rahway, New Jersey in 1953 and currently resides in Manchester Township. Smith graduated from The College of New Jersey with a Bachelor of Science degree in 1975.
Breitbart News reported reaching out to OPM but did not receive comment before publication.
The original article can be found at https://www.breitbart.com/politics/2025/12/05/gop-lawmakers-demand-opm-halt-taxpayer-funded-abortions-for-members-of-congress-staff/
