108TH CONGRESS

2D SESSION S. 2657

AN ACT

To amend part III of title 5, United States Code, to provide

for the establishment of programs under which supplemental dental and vision benefits are made available

to Federal employees, retirees, and their dependents, to

expand the contracting authority of the Office of Personnel Management, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employee

5 Dental and Vision Benefits Enhancement Act of 2004’’.
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1 SEC. 2. ENHANCED DENTAL BENEFITS FOR FEDERAL EM2 PLOYEES.

3 (a) IN GENERAL.—Subpart G of part III of title 5,

4 United States Code, is amended by inserting after chapter

5 89 the following:

6 ‘‘CHAPTER 89A—ENHANCED DENTAL

7 BENEFITS

‘‘Sec.

‘‘8951. Definitions.

‘‘8952. Availability of dental benefits.

‘‘8953. Contracting authority.

‘‘8954. Benefits.

‘‘8955. Information to individuals eligible to enroll.

‘‘8956. Election of coverage.

‘‘8957. Coverage of restored survivor or disability annuitants.

‘‘8958. Premiums.

‘‘8959. Preemption.

‘‘8960. Studies, reports, and audits.

‘‘8961. Jurisdiction of courts.

‘‘8962. Administrative functions.

8 ‘‘§ 8951. Definitions

9 ‘‘In this chapter:

10 ‘‘(1) The term ‘employee’ means an employee

11 defined under section 8901(1).

12 ‘‘(2) The terms ‘annuitant’, ‘member of family’,

13 and ‘dependent’ have the meanings as such terms

14 are defined under paragraphs (3), (5), and (9), re15 spectively, of section 8901.

16 ‘‘(3) The term ‘eligible individual’ refers to an

17 individual described in paragraph (1) or (2), without

18 regard to whether the individual is enrolled in a

19 health benefits plan under chapter 89.
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1 ‘‘(4) The term ‘Office’ means the Office of Per2 sonnel Management.

3 ‘‘(5) The term ‘qualified company’ means a

4 company (or consortium of companies or an em5 ployee organization defined under section 8901(8))

6 that offers indemnity, preferred provider organiza7 tion, health maintenance organization, or discount

8 dental programs and if required is licensed to issue

9 applicable coverage in any number of States, taking

10 any subsidiaries of such a company into account

11 (and, in the case of a consortium, considering the

12 member companies and any subsidiaries thereof, col13 lectively).

14 ‘‘(6) The term ‘employee organization’ means

15 an association or other organization of employees

16 which is national in scope, or in which membership

17 is open to all employees of a Government agency

18 who are eligible to enroll in a health benefits plan

19 under chapter 89.

20 ‘‘(7) The term ‘State’ includes the District of

21 Columbia.

22 ‘‘§ 8952. Availability of dental benefits

23 ‘‘(a) The Office shall establish and administer a pro24 gram through which an eligible individual may obtain den-
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1 tal coverage to supplement coverage available through

2 chapter 89.

3 ‘‘(b) The Office shall determine, in the exercise of its

4 reasonable discretion, the financial requirements for quali5 fied companies to participate in the program.

6 ‘‘(c) Nothing in this chapter shall be construed to

7 prohibit the availability of dental benefits provided by

8 health benefits plans under chapter 89.

9 ‘‘§ 8953. Contracting authority

10 ‘‘(a)(1) The Office shall contract with a reasonable

11 number of qualified companies for a policy or policies of

12 benefits described under section 8954 without regard to

13 section 5 of title 41 or any other statute requiring com14 petitive bidding. An employee organization may contract

15 with a qualified company for the purpose of participating

16 with that qualified company in any contract between the

17 Office and that qualified company.

18 ‘‘(2) The Office shall ensure that each resulting con19 tract is awarded on the basis of contractor qualifications,

20 price, and reasonable competition.

21 ‘‘(b) Each contract under this section shall contain—

22 ‘‘(1) the requirements under section 8902(d),

23 (f), and (i) made applicable to contracts under this

24 section by regulations prescribed by the Office;

25 ‘‘(2) the terms of the enrollment period; and
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1 ‘‘(3) such other terms and conditions as may be

2 mutually agreed to by the Office and the qualified

3 company involved, consistent with the requirements

4 of this chapter and regulations prescribed by the Of5 fice.

6 ‘‘(c) Nothing in this chapter shall, in the case of an

7 individual electing dental supplemental benefit coverage

8 under this chapter after the expiration of such individual’s

9 first opportunity to enroll, preclude the application of

10 waiting periods more stringent than those that would have

11 applied if that opportunity had not yet expired.

12 ‘‘(d)(1) Each contract under this chapter shall re13 quire the qualified company to agree—

14 ‘‘(A) to provide payments or benefits to an eli15 gible individual if such individual is entitled thereto

16 under the terms of the contract; and

17 ‘‘(B) with respect to disputes regarding claims

18 for payments or benefits under the terms of the

19 contract—

20 ‘‘(i) to establish internal procedures de21 signed to expeditiously resolve such disputes;

22 and

23 ‘‘(ii) to establish, for disputes not resolved

24 through procedures under clause (i), procedures

25 for 1 or more alternative means of dispute reso-
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1 lution involving independent third-party review

2 under appropriate circumstances by entities

3 mutually acceptable to the Office and the quali4 fied company.

5 ‘‘(2) A determination by a qualified company as to

6 whether or not a particular individual is eligible to obtain

7 coverage under this chapter shall be subject to review only

8 to the extent and in the manner provided in the applicable

9 contract.

10 ‘‘(3) For purposes of applying the Contract Disputes

11 Act of 1978 to disputes arising under this chapter between

12 a qualified company and the Office—

13 ‘‘(A) the agency board having jurisdiction to de14 cide an appeal relative to such a dispute shall be

15 such board of contract appeals as the Director of the

16 Office of Personnel Management shall specify in

17 writing (after appropriate arrangements, as de18 scribed in section 8(c) of such Act); and

19 ‘‘(B) the district courts of the United States

20 shall have original jurisdiction, concurrent with the

21 United States Court of Federal Claims, of any ac22 tion described in section 10(a)(1) of such Act rel23 ative to such a dispute.
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1 ‘‘(e) Nothing in this section shall be considered to

2 grant authority for the Office or third-party reviewer to

3 change the terms of any contract under this chapter.

4 ‘‘(f) Contracts under this chapter shall be for a uni5 form term of 7 years and may not be renewed automati6 cally.

7 ‘‘§ 8954. Benefits

8 ‘‘(a) The Office may prescribe reasonable minimum

9 standards for enhanced dental benefits plans offered

10 under this chapter and for qualified companies offering

11 the plans.

12 ‘‘(b) Each contract may include more than 1 level of

13 benefits that shall be made available to all eligible individ14 uals.

15 ‘‘(c) The benefits to be provided under enhanced den16 tal benefits plans under this chapter may be of the fol17 lowing types:

18 ‘‘(1) Diagnostic.

19 ‘‘(2) Preventive.

20 ‘‘(3) Emergency care.

21 ‘‘(4) Restorative.

22 ‘‘(5) Oral and maxillofacial surgery.

23 ‘‘(6) Endodontics.

24 ‘‘(7) Periodontics.

25 ‘‘(8) Prosthodontics.
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1 ‘‘(9) Orthodontics.

2 ‘‘(d) A contract approved under this chapter shall re3 quire the qualified company to cover the geographic serv4 ice delivery area specified by the Office. The Office shall

5 require qualified companies to include dentally under6 served areas in their service delivery areas.

7 ‘‘(e) If an individual has dental coverage under a

8 health benefits plan under chapter 89 and also has cov9 erage under a plan under this chapter, the health benefits

10 plan under chapter 89 shall be the first payor of any ben11 efit payments.

12 ‘‘§ 8955. Information to individuals eligible to enroll

13 ‘‘(a) The qualified companies at the direction and

14 with the approval of the Office, shall make available to

15 each individual eligible to enroll in a dental benefits plan

16 information on services and benefits (including maxi17 mums, limitations, and exclusions), that the Office con18 siders necessary to enable the individual to make an in19 formed decision about electing coverage.

20 ‘‘(b) The Office shall make available to each indi21 vidual eligible to enroll in a dental benefits plan, informa22 tion on services and benefits provided by qualified compa23 nies participating under chapter 89.
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1 ‘‘§ 8956. Election of coverage

2 ‘‘(a) An eligible individual may enroll in a dental ben3 efits plan for self-only, self plus one, or for self and family.

4 If an eligible individual has a spouse who is also eligible

5 to enroll, either spouse, but not both, may enroll for self

6 plus one or self and family. An individual may not be en7 rolled both as an employee, annuitant, or other individual

8 eligible to enroll and as a member of the family.

9 ‘‘(b) The Office shall prescribe regulations under

10 which—

11 ‘‘(1) an eligible individual may enroll in a den12 tal benefits plan; and

13 ‘‘(2) an enrolled individual may change the self14 only, self plus one, or self and family coverage of

15 that individual.

16 ‘‘(c)(1) Regulations under subsection (b) shall permit

17 an eligible individual to cancel or transfer the enrollment

18 of that individual to another dental benefits plan—

19 ‘‘(A) before the start of any contract term in

20 which there is a change in rates charged or benefits

21 provided, in which a new plan is offered, or in which

22 an existing plan is terminated; or

23 ‘‘(B) during other times and under other cir24 cumstances specified by the Office.

25 ‘‘(2) A transfer under paragraph (1) shall be subject

26 to waiting periods provided under a new plan.
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1 ‘‘§ 8957. Coverage of restored survivor or disability

2 annuitants

3 ‘‘A surviving spouse, disability annuitant, or sur4 viving child whose annuity is terminated and is later re5 stored, may continue enrollment in a dental benefits plan

6 subject to the terms and conditions prescribed in regula7 tions issued by the Office.

8 ‘‘§ 8958. Premiums

9 ‘‘(a) Each eligible individual obtaining supplemental

10 dental coverage under this chapter shall be responsible for

11 100 percent of the premiums for such coverage.

12 ‘‘(b) The Office shall prescribe regulations specifying

13 the terms and conditions under which individuals are re14 quired to pay the premiums for enrollment.

15 ‘‘(c) The amount necessary to pay the premiums for

16 enrollment may—

17 ‘‘(1) in the case of an employee, be withheld

18 from the pay of such an employee; or

19 ‘‘(2) in the case of an annuitant, be withheld

20 from the annuity of such an annuitant.

21 ‘‘(d) All amounts withheld under this section shall be

22 paid directly to the qualified company.

23 ‘‘(e) Each participating qualified company shall

24 maintain accounting records that contain such informa25 tion and reports as the Office may require.
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1 ‘‘(f)(1) The Employee Health Benefits Fund is avail2 able, without fiscal year limitation, for reasonable ex3 penses incurred by the Office in administering this chapter

4 before the first day of the first contract period, including

5 reasonable implementation costs.

6 ‘‘(2)(A) There is established in the Employees Health

7 Benefits Fund a Dental Benefits Administrative Account,

8 which shall be available to the Office, without fiscal year

9 limitation, to defray reasonable expenses incurred by the

10 Office in administering this chapter after the start of the

11 first contract year.

12 ‘‘(B) A contract under this chapter shall include ap13 propriate provisions under which the qualified company in14 volved shall, during each year, make such periodic con15 tributions to the Dental Benefits Administrative Account

16 as necessary to ensure that the reasonable anticipated ex17 penses of the Office in administering this chapter during

18 such year are defrayed.

19 ‘‘§ 8959. Preemption

20 ‘‘The terms of any contract that relate to the nature,

21 provision, or extent of coverage or benefits (including pay22 ments with respect to benefits) shall supersede and pre23 empt any State or local law, or any regulation issued

24 thereunder, which relates to dental benefits, insurance,

25 plans, or contracts.
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1 ‘‘§ 8960. Studies, reports, and audits

2 ‘‘(a) Each contract shall contain provisions requiring

3 the qualified company to—

4 ‘‘(1) furnish such reasonable reports as the Of5 fice determines to be necessary to enable it to carry

6 out its functions under this chapter; and

7 ‘‘(2) permit the Office and representatives of

8 the Government Accountability Office to examine

9 such records of the qualified company as may be

10 necessary to carry out the purposes of this chapter.

11 ‘‘(b) Each Federal agency shall keep such records,

12 make such certifications, and furnish the Office, the quali13 fied company, or both, with such information and reports

14 as the Office may require.

15 ‘‘(c) The Office shall conduct periodic reviews of

16 plans under this chapter, including a comparison of the

17 dental benefits available under chapter 89, to ensure the

18 competitiveness of plans under this chapter. The Office

19 shall cooperate with the Government Accountability Office

20 to provide periodic evaluations of the program.

21 ‘‘§ 8961. Jurisdiction of courts

22 ‘‘The district courts of the United States have origi23 nal jurisdiction, concurrent with the United States Court

24 of Federal Claims, of a civil action or claim against the

25 United States under this chapter after such administrative

26 remedies as required under section 8953(d) have been ex-
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1 hausted, but only to the extent judicial review is not pre2 cluded by any dispute resolution or other remedy under

3 this chapter.

4 ‘‘§ 8962. Administrative functions

5 ‘‘(a) The Office shall prescribe regulations to carry

6 out this chapter. The regulations may exclude an employee

7 on the basis of the nature and type of employment or con8 ditions pertaining to it.

9 ‘‘(b) The Office shall, as appropriate, provide for co10 ordinated enrollment, promotion, and education efforts as

11 appropriate in consultation with each qualified company.

12 The information under this subsection shall include infor13 mation relating to the dental benefits available under

14 chapter 89, including the advantages and disadvantages

15 of obtaining additional coverage under this chapter.’’.

16 SEC. 3. ENHANCED VISION BENEFITS FOR FEDERAL EM17 PLOYEES.

18 Subpart G of part III of title 5, United States Code,

19 is amended by inserting after chapter 89A (as added by

20 section 2 of this Act) the following:

21 ‘‘CHAPTER 89B—ENHANCED VISION

22 BENEFITS

‘‘Sec.

‘‘8981. Definitions.

‘‘8982. Availability of vision benefits.

‘‘8983. Contracting authority.

‘‘8984. Benefits.

‘‘8985. Information to individuals eligible to enroll.

‘‘8986. Election of coverage.
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‘‘8987. Coverage of restored survivor or disability annuitants.

‘‘8988. Premiums.

‘‘8989. Preemption.

‘‘8990. Studies, reports, and audits.

‘‘8991. Jurisdiction of courts.

‘‘8992. Administrative functions.

1 ‘‘§ 8981. Definitions

2 ‘‘In this chapter:

3 ‘‘(1) The term ‘employee’ means an employee

4 defined under section 8901(1).

5 ‘‘(2) The terms ‘annuitant’, ‘member of family’,

6 and ‘dependent’ have the meanings as such terms

7 are defined under paragraphs (3), (5), and (9), re8 spectively, of section 8901.

9 ‘‘(3) The term ‘eligible individual’ refers to an

10 individual described in paragraph (1) or (2), without

11 regard to whether the individual is enrolled in a

12 health benefits plan under chapter 89.

13 ‘‘(4) The term ‘Office’ means the Office of Per14 sonnel Management.

15 ‘‘(5) The term ‘qualified company’ means a

16 company (or consortium of companies or an em17 ployee organization defined under section 8901(8))

18 that offers indemnity, preferred provider organiza19 tion, health maintenance organization, or discount

20 vision programs and if required is licensed to issue

21 applicable coverage in any number of States, taking

22 any subsidiaries of such a company into account
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1 (and, in the case of a consortium, considering the

2 member companies and any subsidiaries thereof, col3 lectively).

4 ‘‘(6) The term ‘employee organization’ means

5 an association or other organization of employees

6 which is national in scope, or in which membership

7 is open to all employees of a Government agency

8 who are eligible to enroll in a health benefits plan

9 under chapter 89.

10 ‘‘(7) The term ‘State’ includes the District of

11 Columbia.

12 ‘‘§ 8982. Availability of vision benefits

13 ‘‘(a) The Office shall establish and administer a pro14 gram through which an eligible individual may obtain vi15 sion coverage to supplement coverage available through

16 chapter 89.

17 ‘‘(b) The Office shall determine, in the exercise of its

18 reasonable discretion, the financial requirements for quali19 fied companies to participate in the program.

20 ‘‘(c) Nothing in this chapter shall be construed to

21 prohibit the availability of vision benefits provided by

22 health benefits plans under chapter 89.

23 ‘‘§ 8983. Contracting authority

24 ‘‘(a)(1) The Office shall contract with a reasonable

25 number of qualified companies for a policy or policies of
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1 benefits described under section 8984 without regard to

2 section 5 of title 41 or any other statute requiring com3 petitive bidding. An employee organization may contract

4 with a qualified company for the purpose of participating

5 with that qualified company in any contract between the

6 Office and that qualified company.

7 ‘‘(2) The Office shall ensure that each resulting con8 tract is awarded on the basis of contractor qualifications,

9 price, and reasonable competition.

10 ‘‘(b) Each contract under this section shall contain—

11 ‘‘(1) the requirements under section 8902 (d),

12 (f), and (i) made applicable to contracts under this

13 section by regulations prescribed by the Office;

14 ‘‘(2) the terms of the enrollment period; and

15 ‘‘(3) such other terms and conditions as may be

16 mutually agreed to by the Office and the qualified

17 company involved, consistent with the requirements

18 of this chapter and regulations prescribed by the Of19 fice.

20 ‘‘(c) Nothing in this chapter shall, in the case of an

21 individual electing vision supplemental benefit coverage

22 under this chapter after the expiration of such individual’s

23 first opportunity to enroll, preclude the application of

24 waiting periods more stringent than those that would have

25 applied if that opportunity had not yet expired.
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1 ‘‘(d)(1) Each contract under this chapter shall re2 quire the qualified company to agree—

3 ‘‘(A) to provide payments or benefits to an eli4 gible individual if such individual is entitled thereto

5 under the terms of the contract; and

6 ‘‘(B) with respect to disputes regarding claims

7 for payments or benefits under the terms of the

8 contract—

9 ‘‘(i) to establish internal procedures de10 signed to expeditiously resolve such disputes;

11 and

12 ‘‘(ii) to establish, for disputes not resolved

13 through procedures under clause (i), procedures

14 for 1 or more alternative means of dispute reso15 lution involving independent third-party review

16 under appropriate circumstances by entities

17 mutually acceptable to the Office and the quali18 fied company.

19 ‘‘(2) A determination by a qualified company as to

20 whether or not a particular individual is eligible to obtain

21 coverage under this chapter shall be subject to review only

22 to the extent and in the manner provided in the applicable

23 contract.
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1 ‘‘(3) For purposes of applying the Contract Disputes

2 Act of 1978 to disputes arising under this chapter between

3 a qualified company and the Office—

4 ‘‘(A) the agency board having jurisdiction to de5 cide an appeal relative to such a dispute shall be

6 such board of contract appeals as the Director of the

7 Office of Personnel Management shall specify in

8 writing (after appropriate arrangements, as de9 scribed in section 8(c) of such Act); and

10 ‘‘(B) the district courts of the United States

11 shall have original jurisdiction, concurrent with the

12 United States Court of Federal Claims, of any ac13 tion described in section 10(a)(1) of such Act rel14 ative to such a dispute.

15 ‘‘(e) Nothing in this section shall be considered to

16 grant authority for the Office or third-party reviewer to

17 change the terms of any contract under this chapter.

18 ‘‘(f) Contracts under this chapter shall be for a uni19 form term of 7 years and may not be renewed automati20 cally.

21 ‘‘§ 8984. Benefits

22 ‘‘(a) The Office may prescribe reasonable minimum

23 standards for enhanced vision benefits plans offered under

24 this chapter and for qualified companies offering the

25 plans.
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1 ‘‘(b) Each contract may include more than 1 level of

2 benefits that shall be made available to all eligible individ3 uals.

4 ‘‘(c) The benefits to be provided under enhanced vi5 sion benefits plans under this chapter may be of the fol6 lowing types:

7 ‘‘(1) Diagnostic (to include refractive services).

8 ‘‘(2) Preventive.

9 ‘‘(3) Eyewear.

10 ‘‘(d) A contract approved under this chapter shall re11 quire the qualified company to cover the geographic serv12 ice delivery area specified by the Office. The Office shall

13 require qualified companies to include visually underserved

14 areas in their service delivery areas.

15 ‘‘(e) If an individual has vision coverage under a

16 health benefits plan under chapter 89 and also has cov17 erage under a plan under this chapter, the health benefits

18 plan under chapter 89 shall be the first payor of any ben19 efit payments.

20 ‘‘§ 8985. Information to individuals eligible to enroll

21 ‘‘(a) The qualified companies at the direction and

22 with the approval of the Office, shall make available to

23 each individual eligible to enroll in a vision benefits plan

24 information on services and benefits (including maxi25 mums, limitations, and exclusions), that the Office con-
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1 siders necessary to enable the individual to make an in2 formed decision about electing coverage.

3 ‘‘(b) The Office shall make available to each indi4 vidual eligible to enroll in a vision benefits plan, informa5 tion on services and benefits provided by qualified compa6 nies participating under chapter 89.

7 ‘‘§ 8986. Election of coverage

8 ‘‘(a) An eligible individual may enroll in a vision bene9 fits plan for self-only, self plus one, or for self and family.

10 If an eligible individual has a spouse who is also eligible

11 to enroll, either spouse, but not both, may enroll for self

12 plus one or self and family. An individual may not be en13 rolled both as an employee, annuitant, or other individual

14 eligible to enroll and as a member of the family.

15 ‘‘(b) The Office shall prescribe regulations under

16 which—

17 ‘‘(1) an eligible individual may enroll in a vision

18 benefits plan; and

19 ‘‘(2) an enrolled individual may change the self20 only, self plus one, or self and family coverage of

21 that individual.

22 ‘‘(c)(1) Regulations under subsection (b) shall permit

23 an eligible individual to cancel or transfer the enrollment

24 of that individual to another vision benefits plan—
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1 ‘‘(A) before the start of any contract term in

2 which there is a change in rates charged or benefits

3 provided, in which a new plan is offered, or in which

4 an existing plan is terminated; or

5 ‘‘(B) during other times and under other cir6 cumstances specified by the Office.

7 ‘‘(2) A transfer under paragraph (1) shall be subject

8 to waiting periods provided under a new plan.

9 ‘‘§ 8987. Coverage of restored survivor or disability

10 annuitants

11 ‘‘A surviving spouse, disability annuitant, or sur12 viving child whose annuity is terminated and is later re13 stored, may continue enrollment in a vision benefits plan

14 subject to the terms and conditions prescribed in regula15 tions issued by the Office.

16 ‘‘§ 8988. Premiums

17 ‘‘(a) Each eligible individual obtaining supplemental

18 vision coverage under this chapter shall be responsible for

19 100 percent of the premiums for such coverage.

20 ‘‘(b) The Office shall prescribe regulations specifying

21 the terms and conditions under which individuals are re22 quired to pay the premiums for enrollment.

23 ‘‘(c) The amount necessary to pay the premiums for

24 enrollment may—
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1 ‘‘(1) in the case of an employee, be withheld

2 from the pay of such an employee; or

3 ‘‘(2) in the case of an annuitant, be withheld

4 from the annuity of such an annuitant.

5 ‘‘(d) All amounts withheld under this section shall be

6 paid directly to the qualified company.

7 ‘‘(e) Each participating qualified company shall

8 maintain accounting records that contain such informa9 tion and reports as the Office may require.

10 ‘‘(f)(1) The Employee Health Benefits Fund is avail11 able, without fiscal year limitation, for reasonable ex12 penses incurred by the Office in administering this chapter

13 before the first day of the first contract period, including

14 reasonable implementation costs.

15 ‘‘(2)(A) There is established in the Employees Health

16 Benefits Fund a Vision Benefits Administrative Account,

17 which shall be available to the Office, without fiscal year

18 limitation, to defray reasonable expenses incurred by the

19 Office in administering this chapter after the start of the

20 first contract year.

21 ‘‘(B) A contract under this chapter shall include ap22 propriate provisions under which the qualified company in23 volved shall, during each year, make such periodic con24 tributions to the Vision Benefits Administrative Account

25 as necessary to ensure that the reasonable anticipated ex-
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1 penses of the Office in administering this chapter during

2 such year are defrayed.

3 ‘‘§ 8989. Preemption

4 ‘‘The terms of any contract that relate to the nature,

5 provision, or extent of coverage or benefits (including pay6 ments with respect to benefits) shall supersede and pre7 empt any State or local law, or any regulation issued

8 thereunder, which relates to vision benefits, insurance,

9 plans, or contracts.

10 ‘‘§ 8990. Studies, reports, and audits

11 ‘‘(a) Each contract shall contain provisions requiring

12 the qualified company to—

13 ‘‘(1) furnish such reasonable reports as the Of14 fice determines to be necessary to enable it to carry

15 out its functions under this chapter; and

16 ‘‘(2) permit the Office and representatives of

17 the Government Accountability Office to examine

18 such records of the qualified company as may be

19 necessary to carry out the purposes of this chapter.

20 ‘‘(b) Each Federal agency shall keep such records,

21 make such certifications, and furnish the Office, the quali22 fied company, or both, with such information and reports

23 as the Office may require.

24 ‘‘(c) The Office shall conduct periodic reviews of

25 plans under this chapter, including a comparison of the
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1 vision benefits available under chapter 89, to ensure the

2 competitiveness of plans under this chapter. The Office

3 shall cooperate with the Government Accountability Office

4 to provide periodic evaluations of the program.

5 ‘‘§ 8991. Jurisdiction of courts

6 ‘‘The district courts of the United States have origi7 nal jurisdiction, concurrent with the United States Court

8 of Federal Claims, of a civil action or claim against the

9 United States under this chapter after such administrative

10 remedies as required under section 8983(d) have been ex11 hausted, but only to the extent judicial review is not pre12 cluded by any dispute resolution or other remedy under

13 this chapter.

14 ‘‘§ 8992. Administrative functions

15 ‘‘(a) The Office shall prescribe regulations to carry

16 out this chapter. The regulations may exclude an employee

17 on the basis of the nature and type of employment or con18 ditions pertaining to it.

19 ‘‘(b) The Office shall, as appropriate, provide for co20 ordinated enrollment, promotion, and education efforts as

21 appropriate in consultation with each qualified company.

22 The information under this subsection shall include infor23 mation relating to the vision benefits available under chap24 ter 89, including the advantages and disadvantages of ob25 taining additional coverage under this chapter.’’.
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1 SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.

2 The table of chapters for part III of title 5, United

3 States Code, is amended by inserting after the item relat4 ing to chapter 89 the following:

‘‘89A. Enhanced Dental Benefits .................................................. 8951

‘‘89B. Enhanced Vision Benefits .................................................. 8981’’.

5 SEC. 5. APPLICATION TO POSTAL SERVICE EMPLOYEES.

6 Section 1005(f) of title 39, United States Code, is

7 amended in the second sentence by striking ‘‘chapters 87

8 and 89’’ and inserting ‘‘chapters 87, 89, 89A, and 89B’’.

9 SEC. 6. REQUIREMENT TO STUDY HEALTH BENEFITS COV10 ERAGE FOR DEPENDENT CHILDREN WHO

11 ARE FULL-TIME STUDENTS.

12 Not later than 6 months after the date of enactment

13 of this Act, the Office of Personnel Management shall sub14 mit to Congress a report describing and evaluating options

15 whereby benefits under chapter 89 of title 5, United

16 States Code, could be made available to an unmarried de17 pendent child under 25 years of age who is enrolled as

18 a full-time student at an institution of higher education

19 as defined under section 101 of the Higher Education Act

20 of 1965 (20 U.S.C. 1001).

21 SEC. 7. EFFECTIVE DATE.

22 The amendments made by this Act shall take effect

23 on the date of enactment of this Act and shall apply to
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1 contracts that take effect with respect to the calendar year

2 2006.

Passed the Senate November 20, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2657

AN ACT

To amend part III of title 5, United States Code,

to provide for the establishment of programsunder which supplemental dental and vision benefits are made available to Federal employees, retirees, and their dependents, to expand the contracting authority of the Office of PersonnelManagement, and for other purposes.