Ensuring FEHBP Coverage During Shutdowns Act

II 116TH CONGRESS 1ST SESSION S. 971 To amend title 5, United States Code, to clarify that during a lapse in appropriations certain services relating to the Federal Employees Health Benefits Program are excepted services under the Anti-Deficiency Act, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 1, 2019 Ms. SMITH introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to clarify that during a lapse in appropriations certain services relating to the Federal Employees Health Benefits Program are ex- cepted services under the Anti-Deficiency Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring FEHBP 4 Coverage During Shutdowns Act’’. 5 VerDate Sep 11 2014 00:06 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S971.IS S971 kjohnson on DSK79L0C42 with BILLS 2 •S 971 IS SEC. 2. DESIGNATING CERTAIN FEHBP-RELATED SERVICES 1 AS EXCEPTED SERVICES UNDER THE ANTI- 2 DEFICIENCY ACT. 3 (a) IN GENERAL.—Section 8905 of title 5, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(i) In the event of a lapse in appropriations, the Di- 7 rector of the Office of Personnel Management shall des- 8 ignate any officer or employee who performs services relat- 9 ing to enrolling individuals in a health benefits plan under 10 this chapter, or changing the enrollment of an individual 11 already so enrolled due to a qualifying life event, as an 12 excepted employee (as defined in section 1341(c) of title 13 31).’’. 14 (b) APPLICATION.—The amendment made by sub- 15 section (a) shall apply to any lapse in appropriations be- 16 ginning on or after the date of enactment of this Act. 17 Æ VerDate Sep 11 2014 00:06 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S971.IS S971 kjohnson on DSK79L0C42 with BILLS