A group of Republican lawmakers, numbering two dozen, have raised concerns that members of Congress and their staff are benefiting from healthcare plans funded by taxpayers, which controversially include coverage for elective abortions.
This, they argue, is a clear violation of federal law.
According to Breitbart, the group, led by Sen. Mike Lee (R-UT) and Rep. Chris Smith (R-NJ), co-chair of the Congressional Pro-Life Caucus, penned a letter to Scott Kupor, the Director of the U.S. Office of Personnel Management (OPM).
The letter demanded that the agency cease "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' letter clarified that since 1984, federal laws have been in place prohibiting 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. The only exceptions to this rule are in cases of rape, incest, or when the mother's life is at risk. The lawmakers argued that these provisions prevent the OPM from administering government contributions related to any health plan for federal employees that includes coverage for elective abortion.
The letter further alleged that the OPM is currently subsidizing plans that cover elective abortion, which is a clear violation of the Smith Amendment. The lawmakers pointed out that, "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 contributionsfor Members of Congress and Congressional staff enrolled in any Gold level health insurance plan offered through the District of Columbias Health Exchange Small Business Health Options Program (DC SHOP)also known as DC Health Linkincluding plans that cover elective abortion.
The Republicans rejected the OPM's claim on its website that abortion coverage is enabled by segregated costs, where the individuals contribution to their health plan is used for abortion coverage, while other coverage is derived from taxpayer funds. They dismissed this as an accounting gimmick.
The lawmakers argued that the OPM's use of this accounting trick to provide abortion subsidies to Congress is not provided for under Section 1303 of the ACA and is blatantly illegal under the Smith Amendments strict requirement for a complete exclusion of elective abortion coverage for federal employees. They stated, 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.
The lawmakers further pointed out that 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 emphasized that 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.
The lawmakers concluded their letter by requesting swift action by the 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. They stated, 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.
This letter comes amidst a larger battle in Congress to extend the Hyde Amendment to expiring Obamacare premium subsidies. The Hyde Amendment, first enacted in 1976, 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 must be renewed annually through the congressional appropriations process.
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