Under the health care law, insurance plans in the new markets may cover abortion unless a state passes a law prohibiting them from doing so. Plans offering coverage for abortion, however, may not use federal funds to pay for it and must collect a separate premium from enrollees. Federal tax credits to help the uninsured afford coverage must also be kept apart.

Abortion opponents say the proposal from the personnel office would circumvent a longstanding law that bars the use of taxpayer funds for “administrative expenses in connection with any health plan under the federal employees health benefits program which provides any benefits or coverage for abortions.” Unlike many private corporate plans, federal employee plans only cover abortions in cases of rape, incest or to save the life of the mother.

“Under this scheme (the government) will be paying the administrative costs,” said Rep. Chris Smith, R-N.J., author of abortion funding ban for federal employee plans. “It’s a radical deviation and departure from current federal law, and it’s not for all federal employees, but for a subset: Congress. Us.”