S. 971 – Ensuring FEHBP Coverage During Shutdowns Act

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Updated April 14, 2026 at 3:31 AM UTC

The Ensuring FEHBP Coverage During Shutdowns Act changes federal law so that, if there is a lapse in appropriations (a government shutdown), employees who handle enrollment in the Federal Employees Health Benefits Program (FEHBP) are treated as “excepted” under the Anti‑Deficiency Act. This lets those workers continue to perform enrollment and life‑event changes without violating the law, ensuring health‑benefit coverage for federal employees remains active during a shutdown.

Key Provisions

Adds language to 5 U.S.C. § 8905 stating that, during a shutdown, the Director of the Office of Personnel Management must designate any officer or employee who enrolls individuals in FEHBP or changes enrollments because of qualifying life events as an excepted employee under the Anti‑Deficiency Act.
The designation applies to any shutdown that starts on or after the law’s enactment date.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

April 1, 2019

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SenateIntro Referral

Introduced in Senate

April 1, 2019

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

April 1, 2019

Bill Text

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Introduced in SenateIssued April 1, 2019

II

116th CONGRESS

1st Session

S. 971

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 excepted services under the Anti-Deficiency Act, and for other purposes.

1.

Short title

This Act may be cited as the Ensuring FEHBP Coverage During Shutdowns Act.

2.

Designating certain FEHBP-related services as excepted services under the Anti-Deficiency Act

(a)

In general

Section 8905 of title 5, United States Code, is amended by adding at the end the following:

(i)

In the event of a lapse in appropriations, the Director of the Office of Personnel Management shall designate any officer or employee who performs services relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled due to a qualifying life event, as an excepted employee (as defined in section 1341(c) of title 31).

.

(b)

Application

The amendment made by subsection (a) shall apply to any lapse in appropriations beginning on or after the date of enactment of this Act.