Daines Joins GOP Push to Halt Taxpayer Funding of Congressional Abortion Coverage

WASHINGTON — U.S. Senator Steve Daines joined Republican colleagues this week in demanding the Office of Personnel Management end what they described as illegal taxpayer subsidies for health insurance plans covering elective abortions for members of Congress and congressional staff.

In a letter^1 sent Thursday to OPM Director Scott Kupor, Daines and 23 other Republican lawmakers argue the agency has violated the Smith Amendment since 2014 by administering government contributions to health plans that include abortion coverage.

The Smith Amendment, in place since 1984, prohibits 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, incest, or when the mother’s life is endangered.

“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,” the lawmakers wrote.

The letter argues that OPM currently subsidizes plans covering elective abortion through the District of Columbia’s Health Exchange Small Business Health Options Program, also known as DC Health Link. Taxpayers contribute 72 to 75 percent of these health benefit premiums, according to the letter.

For 2026, only two health plans offered through DC Health Link exclude abortion coverage: CareFirst’s BluePreferred PPO Gold and United Healthcare’s Choice Plus Gold.

The lawmakers contend OPM has used what they call an “accounting gimmick” to justify the subsidies by attributing abortion costs to the individual’s contribution rather than the taxpayer’s contribution. They argue this violates both the Smith Amendment and the Antideficiency Act, which prohibits expenditures without proper appropriation.

“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 letter states.

The letter was led by Representative Chris Smith of New Jersey and Senator Mike Lee of Utah. Other Senate signatories include Daines, Jim Banks of Indiana, Kevin Cramer of North Dakota, Ted Cruz of Texas, Pete Ricketts of Nebraska, and James Lankford of Oklahoma.

House signatories include Virginia Foxx of North Carolina, Eric Burlison of Missouri, Andy Biggs of Arizona, Mary Miller of Illinois, Michael Guest of Mississippi, Andrew Clyde of Georgia, Michael Cloud of Texas, Marlin Stutzman of Indiana, Keith Self of Texas, Clay Higgins of Louisiana, Daniel Webster of Florida, Ben Cline of Virginia, Barry Moore of Alabama, Mark Messmer of Indiana, Tim Burchett of Tennessee, and Russ Fulcher of Idaho.

“Taxpayers, who contribute 72 to 75 percent of these health benefit premiums, do not want their hard-earned tax dollars to pay for abortions,” Daines said in a statement released by his office.

The lawmakers requested swift action by OPM to ensure health insurance subsidies for members of Congress and congressional staff comply with the Smith Amendment, stating that any DC SHOP plan covering elective abortion should be ineligible for government contributions.