In a bicameral letter to the U.S. Office of Personnel Management (OPM) today, more than two dozen Members of Congress—led by Rep. Chris Smith (R-NJ), Rep. Eric Burlison (R-MO), and Sen. Mike Lee (R-UT)—admonished the human resources agency for violating federal law that prohibits congressional health plans from subsidizing elective abortion.

            “It is a clear violation of the Smith Amendment for health plans available to Members and staff to offer elective abortion,” wrote the 22 House Members and 4 Senators, who noted the provision—which was first authored by Rep. Chris Smith—has been renewed annually for nearly 30 years.

            The letter comes on the heels of reports that Aetna—currently the sole provider of congressional-eligible plans that comply with the Smith Amendment by excluding coverage of elective abortion—will stop offering health plans on Washington, DC’s Affordable Care Act exchange known as DC Health Link. Congressional Members and staff have been advised that only two plans that do not cover elective abortion will be made available for the upcoming plan year.

            “Under the Smith Amendment, OPM is prohibited from engaging in administrative activity in connection with any plan that subsidizes elective abortion, let alone almost all of them,” the lawmakers continued.

            “The severity of OPM’s specious implementation of—or perhaps malicious disregard for—the law must be finally and permanently remedied and brought into compliance with congressional intent,” the lawmakers wrote.

            As a result of Aetna’s withdrawal from the exchange, Members of Congress and staff enrolled in Aetna plans will be forced to select new health plans during their upcoming “open season,” which is scheduled for November 11 through December 9, 2024.

            “In Plan Year 2024, Aetna offered eight health plans that did not subsidize elective abortion,” the lawmakers wrote. “The situation has now deteriorated to the point that Members of Congress and their designated staff have only two plans available to them in 2025.”

            “This outcome is a tragic result of OPM’s illegal policies,” the lawmakers continued. “The fact that plans available to congressional personnel have not properly excluded abortion coverage has been an ongoing well-documented violation of federal law by the Office of Personnel Management.”

            “We call on you to cease the administration of government contributions for Congressional health insurance plans that illegally cover elective abortion; instead direct the D.C. Health Link and its participating insurers to provide compliant health insurance plans to Members of Congress and their staff,” the lawmakers urged OPM Acting Director Shriver.

###