I 

108TH CONGRESS 

2D SESSION H. R. 4844 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2004 

Mrs. JO ANN DAVIS of Virginia (for herself and Mr. TOM DAVIS of Virginia) 

introduced the following bill; which was referred to the Committee on 

Government Reform 

A BILL 

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’’. 
2 

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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. 
3 

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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) that offers 

5 indemnity, preferred provider organization, health 

6 maintenance organization, or discount dental pro7 grams and if required is licensed to issue applicable 

8 coverage in any number of States, taking any sub9 sidiaries of such a company into account (and, in the 

10 case of a consortium, considering the member com11 panies and any subsidiaries thereof, collectively). 

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

13 an association or other organization of employees 

14 which is national in scope, or in which membership 

15 is open to all employees of a Government agency 

16 who are eligible to enroll in a health benefits plan 

17 under chapter 89. 

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

19 Columbia. 

20 ‘‘§ 8952. Availability of dental benefits 

21 ‘‘(a) The Office shall establish and administer a pro22 gram through which an eligible individual may obtain den23 tal coverage to supplement coverage available through 

24 chapter 89. 
4 

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

2 reasonable discretion, the financial requirements for quali3 fied companies to participate in the program. 

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

5 prohibit the availability of dental benefits provided by 

6 health benefits plans under chapter 89. 

7 ‘‘§ 8953. Contracting authority 

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

9 number of qualified companies for a policy or policies of 

10 benefits described under section 8954 without regard to 

11 section 5 of title 41 or any other statute requiring com12 petitive bidding. An employee organization may contract 

13 with a qualified company for the purpose of participating 

14 with that qualified company in any contract between the 

15 Office and that qualified company. 

16 ‘‘(2) The Office shall ensure that each resulting con17 tract is awarded on the basis of contractor qualifications, 

18 price, and reasonable competition. 

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

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

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

22 section by regulations prescribed by the Office; 

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

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

25 mutually agreed to by the Office and the qualified 
5 

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1 company involved, consistent with the requirements 

2 of this chapter and regulations prescribed by the Of3 fice. 

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

5 individual electing dental supplemental benefit coverage 

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

7 first opportunity to enroll, preclude the application of 

8 waiting periods more stringent than those that would have 

9 applied if that opportunity had not yet expired. 

10 ‘‘(d)(1) Each contract under this chapter shall re11 quire the qualified company to agree— 

12 ‘‘(A) to provide payments or benefits to an eli13 gible individual if such individual is entitled thereto 

14 under the terms of the contract; and 

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

16 for payments or benefits under the terms of the con17 tract— 

18 ‘‘(i) to establish internal procedures de19 signed to expeditiously resolve such disputes; 

20 and 

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

22 through procedures under clause (i), procedures 

23 for 1 or more alternative means of dispute reso24 lution involving independent third-party review 

25 under appropriate circumstances by entities 
6 

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1 mutually acceptable to the Office and the quali2 fied company. 

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

4 whether or not a particular individual is eligible to obtain 

5 coverage under this chapter shall be subject to review only 

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

7 contract. 

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

9 Act of 1978 to disputes arising under this chapter between 

10 a qualified company and the Office— 

11 ‘‘(A) the agency board having jurisdiction to de12 cide an appeal relative to such a dispute shall be 

13 such board of contract appeals as the Director of the 

14 Office of Personnel Management shall specify in 

15 writing (after appropriate arrangements, as de16 scribed in section 8(c) of such Act); and 

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

18 shall have original jurisdiction, concurrent with the 

19 United States Court of Federal Claims, of any ac20 tion described in section 10(a)(1) of such Act rel21 ative to such a dispute. 

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

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

24 change the terms of any contract under this chapter. 
7 

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1 ‘‘(f) Contracts under this chapter shall be for a uni2 form term of 7 years and may not be renewed automati3 cally. 

4 ‘‘§ 8954. Benefits 

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

6 standards for enhanced dental benefits plans offered 

7 under this chapter and for qualified companies offering 

8 the plans. 

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

10 benefits that shall be made available to all eligible individ11 uals. 

12 ‘‘(c) The benefits to be provided under enhanced den13 tal benefits plans under this chapter may be of the fol14 lowing types: 

15 ‘‘(1) Diagnostic. 

16 ‘‘(2) Preventive. 

17 ‘‘(3) Emergency care. 

18 ‘‘(4) Restorative. 

19 ‘‘(5) Oral and maxillofacial surgery. 

20 ‘‘(6) Endodontics. 

21 ‘‘(7) Periodontics. 

22 ‘‘(8) Prosthodontics. 

23 ‘‘(9) Orthodontics. 

24 ‘‘(d) A contract approved under this chapter shall re25 quire the qualified company to cover the geographic serv-
8 

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1 ice delivery specified by the Office. The Office shall require 

2 qualified companies to include dentally underserved areas 

3 in their service delivery areas. 

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

5 health benefits plan under chapter 89 and also has cov6 erage under a plan under this chapter, the health benefits 

7 plan under chapter 89 shall be the first payor of any ben8 efit payments. 

9 ‘‘§ 8955. Information to individuals eligible to enroll 

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

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

12 each individual eligible to enroll in a dental benefits plan 

13 information on services and benefits (including maxi14 mums, limitations, and exclusions), that the Office con15 siders necessary to enable the individual to make an in16 formed decision about electing coverage. 

17 ‘‘(b) The Office shall make available to each indi18 vidual eligible to enroll in a dental benefits plan, informa19 tion on services and benefits provided by qualified compa20 nies participating under chapter 89. 

21 ‘‘§ 8956. Election of coverage 

22 ‘‘(a) An eligible individual may enroll in a dental ben23 efits plan for self-only, self plus one, or for self and family. 

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

25 to enroll, either spouse, but not both, may enroll for self 
9 

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1 plus one or self and family. An individual may not be en2 rolled both as an employee, annuitant, or other individual 

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

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

5 which— 

6 ‘‘(1) an eligible individual may enroll in a den7 tal benefits plan; and 

8 ‘‘(2) an enrolled individual may change the self9 only, self plus one, or self and family coverage of 

10 that individual. 

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

12 an eligible individual to cancel or transfer the enrollment 

13 of that individual to another dental benefits plan— 

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

15 which there is a change in rates charged or benefits 

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

17 an existing plan is terminated; or 

18 ‘‘(B) during other times and under other cir19 cumstances specified by the Office. 

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

21 to waiting periods provided under a new plan. 

22 ‘‘§ 8957. Coverage of restored survivor or disability 

23 annuitants 

24 ‘‘A surviving spouse, disability annuitant, or sur25 viving child whose annuity is terminated and is later re-
10 

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1 stored, may continue enrollment in a dental benefits plan 

2 subject to the terms and conditions prescribed in regula3 tions issued by the Office. 

4 ‘‘§ 8958. Premiums 

5 ‘‘(a) Each eligible individual obtaining supplemental 

6 dental coverage under this chapter shall be responsible for 

7 100 percent of the premiums for such coverage. 

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

9 the terms and conditions under which individuals are re10 quired to pay the premiums for enrollment. 

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

12 enrollment may— 

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

14 from the pay of such an employee; or 

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

16 from the annuity of such an annuitant. 

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

18 paid directly to the qualified company. 

19 ‘‘(e) Each participating qualified company shall 

20 maintain accounting records that contain such informa21 tion and reports as the Office may require. 

22 ‘‘(f)(1) The Employee Health Benefits Fund is avail23 able, without fiscal year limitation, for reasonable ex24 penses incurred by the Office in administering this chapter 
11 

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

2 reasonable implementation costs. 

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

4 Benefits Fund a Dental Benefits Administrative Account, 

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

6 limitation, to defray reasonable expenses incurred by the 

7 Office in administering this chapter after the start of the 

8 first contract year. 

9 ‘‘(B) A contract under this chapter shall include ap10 propriate provisions under which the qualified company in11 volved shall, during each year, make such periodic con12 tributions to the Dental Benefits Administrative Account 

13 as necessary to ensure that the reasonable anticipated ex14 penses of the Office in administering this chapter during 

15 such year are defrayed. 

16 ‘‘§ 8959. Preemption 

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

18 provision, or extent of coverage or benefits (including pay19 ments with respect to benefits) shall supersede and pre20 empt any State or local law, or any regulation issued 

21 thereunder, which relates to dental benefits, insurance, 

22 plans, or contracts. 

23 ‘‘§ 8960. Studies, reports, and audits 

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

25 the qualified company to— 
12 

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1 ‘‘(1) furnish such reasonable reports as the Of2 fice determines to be necessary to enable it to carry 

3 out its functions under this chapter; and 

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

5 the General Accounting Office to examine such 

6 records of the qualified company as may be nec7 essary to carry out the purposes of this chapter. 

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

9 make such certifications, and furnish the Office, the quali10 fied company, or both, with such information and reports 

11 as the Office may require. 

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

13 plans under this chapter, including a comparison of the 

14 dental benefits available under chapter 89, to ensure the 

15 competitiveness of plans under this chapter. The Office 

16 shall cooperate with the General Accounting Office to pro17 vide periodic evaluations of the program. 

18 ‘‘§ 8961. Jurisdiction of courts 

19 ‘‘The district courts of the United States have origi20 nal jurisdiction, concurrent with the United States Court 

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

22 United States under this chapter after such administrative 

23 remedies as required under section 8953(d) have been ex24 hausted, but only to the extent judicial review is not pre-
13 

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1 cluded by any dispute resolution or other remedy under 

2 this chapter. 

3 ‘‘§ 8962. Administrative functions 

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

5 out this chapter. The regulations may exclude an employee 

6 on the basis of the nature and type of employment or con7 ditions pertaining to it. 

8 ‘‘(b) The Office shall, as appropriate, provide for co9 ordinated enrollment, promotion, and education efforts as 

10 appropriate in consultation with each qualified company. 

11 The information under this subsection shall include infor12 mation relating to the dental benefits available under 

13 chapter 89, including the advantages and disadvantages 

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

15 SEC. 3. ENHANCED VISION BENEFITS FOR FEDERAL EM16 PLOYEES. 

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

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

19 section 2 of this Act) the following: 

20 ‘‘CHAPTER 89B—ENHANCED VISION 

21 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. 

‘‘8987. Coverage of restored survivor or disability annuitants. 

‘‘8988. Premiums. 
14 

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‘‘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) that offers 

17 indemnity, preferred provider organization, health 

18 maintenance organization, or discount vision pro19 grams and if required is licensed to issue applicable 

20 coverage in any number of States, taking any sub21 sidiaries of such a company into account (and, in the 

22 case of a consortium, considering the member com23 panies and any subsidiaries thereof, collectively). 
15 

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

2 an association or other organization of employees 

3 which is national in scope, or in which membership 

4 is open to all employees of a Government agency 

5 who are eligible to enroll in a health benefits plan 

6 under chapter 89. 

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

8 Columbia. 

9 ‘‘§ 8982. Availability of vision benefits 

10 ‘‘(a) The Office shall establish and administer a pro11 gram through which an eligible individual may obtain vi12 sion coverage to supplement coverage available through 

13 chapter 89. 

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

15 reasonable discretion, the financial requirements for quali16 fied companies to participate in the program. 

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

18 prohibit the availability of vision benefits provided by 

19 health benefits plans under chapter 89. 

20 ‘‘§ 8983. Contracting authority 

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

22 number of qualified companies for a policy or policies of 

23 benefits described under section 8984 without regard to 

24 section 5 of title 41 or any other statute requiring com25 petitive bidding. An employee organization may contract 
16 

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1 with a qualified company for the purpose of participating 

2 with that qualified company in any contract between the 

3 Office and that qualified company. 

4 ‘‘(2) The Office shall ensure that each resulting con5 tract is awarded on the basis of contractor qualifications, 

6 price, and reasonable competition. 

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

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

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

10 section by regulations prescribed by the Office; 

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

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

13 mutually agreed to by the Office and the qualified 

14 company involved, consistent with the requirements 

15 of this chapter and regulations prescribed by the Of16 fice. 

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

18 individual electing vision supplemental benefit coverage 

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

20 first opportunity to enroll, preclude the application of 

21 waiting periods more stringent than those that would have 

22 applied if that opportunity had not yet expired. 

23 ‘‘(d)(1) Each contract under this chapter shall re24 quire the qualified company to agree— 
17 

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1 ‘‘(A) to provide payments or benefits to an eli2 gible individual if such individual is entitled thereto 

3 under the terms of the contract; and 

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

5 for payments or benefits under the terms of the con6 tract— 

7 ‘‘(i) to establish internal procedures de8 signed to expeditiously resolve such disputes; 

9 and 

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

11 through procedures under clause (i), procedures 

12 for 1 or more alternative means of dispute reso13 lution involving independent third-party review 

14 under appropriate circumstances by entities 

15 mutually acceptable to the Office and the quali16 fied company. 

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

18 whether or not a particular individual is eligible to obtain 

19 coverage under this chapter shall be subject to review only 

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

21 contract. 

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

23 Act of 1978 to disputes arising under this chapter between 

24 a qualified company and the Office— 
18 

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1 ‘‘(A) the agency board having jurisdiction to de2 cide an appeal relative to such a dispute shall be 

3 such board of contract appeals as the Director of the 

4 Office of Personnel Management shall specify in 

5 writing (after appropriate arrangements, as de6 scribed in section 8(c) of such Act); and 

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

8 shall have original jurisdiction, concurrent with the 

9 United States Court of Federal Claims, of any ac10 tion described in section 10(a)(1) of such Act rel11 ative to such a dispute. 

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

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

14 change the terms of any contract under this chapter. 

15 ‘‘(f) Contracts under this chapter shall be for a uni16 form term of 7 years and may not be renewed automati17 cally. 

18 ‘‘§ 8984. Benefits 

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

20 standards for enhanced vision benefits plans offered under 

21 this chapter and for qualified companies offering the 

22 plans. 

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

24 benefits that shall be made available to all eligible individ25 uals. 
19 

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1 ‘‘(c) The benefits to be provided under enhanced vi2 sion benefits plans under this chapter may be of the fol3 lowing types: 

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

5 ‘‘(2) Preventive. 

6 ‘‘(3) Eyewear. 

7 ‘‘(d) A contract approved under this chapter shall re8 quire the qualified company to cover the geographic serv9 ice delivery specified by the Office. The Office shall require 

10 qualified companies to include visually underserved areas 

11 in their service delivery areas. 

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

13 health benefits plan under chapter 89 and also has cov14 erage under a plan under this chapter, the health benefits 

15 plan under chapter 89 shall be the first payor of any ben16 efit payments. 

17 ‘‘§ 8985. Information to individuals eligible to enroll 

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

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

20 each individual eligible to enroll in a vision benefits plan 

21 information on services and benefits (including maxi22 mums, limitations, and exclusions), that the Office con23 siders necessary to enable the individual to make an in24 formed decision about electing coverage. 
20 

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1 ‘‘(b) The Office shall make available to each indi2 vidual eligible to enroll in a vision benefits plan, informa3 tion on services and benefits provided by qualified compa4 nies participating under chapter 89. 

5 ‘‘§ 8986. Election of coverage 

6 ‘‘(a) An eligible individual may enroll in a vision bene7 fits plan for self-only, self plus one, or for self and family. 

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

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

10 plus one or self and family. An individual may not be en11 rolled both as an employee, annuitant, or other individual 

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

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

14 which— 

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

16 benefits plan; and 

17 ‘‘(2) an enrolled individual may change the self18 only, self plus one, or self and family coverage of 

19 that individual. 

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

21 an eligible individual to cancel or transfer the enrollment 

22 of that individual to another vision benefits plan— 

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

24 which there is a change in rates charged or benefits 
21 

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

2 an existing plan is terminated; or 

3 ‘‘(B) during other times and under other cir4 cumstances specified by the Office. 

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

6 to waiting periods provided under a new plan. 

7 ‘‘§ 8987. Coverage of restored survivor or disability 

8 annuitants 

9 ‘‘A surviving spouse, disability annuitant, or sur10 viving child whose annuity is terminated and is later re11 stored, may continue enrollment in a vision benefits plan 

12 subject to the terms and conditions prescribed in regula13 tions issued by the Office. 

14 ‘‘§ 8988. Premiums 

15 ‘‘(a) Each eligible individual obtaining supplemental 

16 vision coverage under this chapter shall be responsible for 

17 100 percent of the premiums for such coverage. 

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

19 the terms and conditions under which individuals are re20 quired to pay the premiums for enrollment. 

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

22 enrollment may— 

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

24 from the pay of such an employee; or 
22 

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

2 from the annuity of such an annuitant. 

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

4 paid directly to the qualified company. 

5 ‘‘(e) Each participating qualified company shall 

6 maintain accounting records that contain such informa7 tion and reports as the Office may require. 

8 ‘‘(f)(1) The Employee Health Benefits Fund is avail9 able, without fiscal year limitation, for reasonable ex10 penses incurred by the Office in administering this chapter 

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

12 reasonable implementation costs. 

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

14 Benefits Fund a Vision Benefits Administrative Account, 

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

16 limitation, to defray reasonable expenses incurred by the 

17 Office in administering this chapter after the start of the 

18 first contract year. 

19 ‘‘(B) A contract under this chapter shall include ap20 propriate provisions under which the qualified company in21 volved shall, during each year, make such periodic con22 tributions to the Vision Benefits Administrative Account 

23 as necessary to ensure that the reasonable anticipated ex24 penses of the Office in administering this chapter during 

25 such year are defrayed. 
23 

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1 ‘‘§ 8989. Preemption 

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

3 provision, or extent of coverage or benefits (including pay4 ments with respect to benefits) shall supersede and pre5 empt any State or local law, or any regulation issued 

6 thereunder, which relates to vision benefits, insurance, 

7 plans, or contracts. 

8 ‘‘§ 8990. Studies, reports, and audits 

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

10 the qualified company to— 

11 ‘‘(1) furnish such reasonable reports as the Of12 fice determines to be necessary to enable it to carry 

13 out its functions under this chapter; and 

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

15 the General Accounting Office to examine such 

16 records of the qualified company as may be nec17 essary to carry out the purposes of this chapter. 

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

19 make such certifications, and furnish the Office, the quali20 fied company, or both, with such information and reports 

21 as the Office may require. 

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

23 plans under this chapter, including a comparison of the 

24 vision benefits available under chapter 89, to ensure the 

25 competitiveness of plans under this chapter. The Office 
24 

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1 shall cooperate with the General Accounting Office to pro2 vide periodic evaluations of the program. 

3 ‘‘§ 8991. Jurisdiction of courts 

4 ‘‘The district courts of the United States have origi5 nal jurisdiction, concurrent with the United States Court 

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

7 United States under this chapter after such administrative 

8 remedies as required under section 8983(d) have been ex9 hausted, but only to the extent judicial review is not pre10 cluded by any dispute resolution or other remedy under 

11 this chapter. 

12 ‘‘§ 8992. Administrative functions 

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

14 out this chapter. The regulations may exclude an employee 

15 on the basis of the nature and type of employment or con16 ditions pertaining to it. 

17 ‘‘(b) The Office shall, as appropriate, provide for co18 ordinated enrollment, promotion, and education efforts as 

19 appropriate in consultation with each qualified company. 

20 The information under this subsection shall include infor21 mation relating to the vision benefits available under chap22 ter 89, including the advantages and disadvantages of ob23 taining additional coverage under this chapter.’’. 
25 

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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. SENSE OF CONGRESS. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) oral and vision health and general health 

12 and well-being are inseparable and access to dental 

13 and vision services is an essential factor in maintain14 ing good health; 

15 (2) Federal employees and their families de16 serve and desire additional coverage options and 

17 place value on maintaining good oral and vision 

18 health; and 

19 (3) it is in the interest of the Federal Govern20 ment to remain competitive in attracting and retain21 ing highly skilled employees and taking reasonable 

22 steps to ensure the health and well-being of its em23 ployees. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that health insurance benefits available to Federal 

3 employees should be sufficient to promote the health and 

4 productivity of all Federal workers and to support the re5 cruitment and retention of a highly qualified workforce. 

6 To help achieve these goals, Congress should evaluate the 

7 supplemental plans established under the Federal Em8 ployee Dental and Vision Benefits Enhancement Act of 

9 2004 to determine the options for and feasibility of pro10 viding an employer contribution. 

11 SEC. 7. REQUIREMENT TO STUDY HEALTH BENEFITS COV12 ERAGE FOR DEPENDENT CHILDREN WHO 

13 ARE FULL-TIME STUDENTS. 

14 Not later than 6 months after the date of enactment 

15 of this Act, the Office of Personnel Management shall sub16 mit to Congress a report describing and evaluating options 

17 whereby benefits under chapter 89 of title 5, United 

18 States Code, could be made available to an unmarried de19 pendent child under 25 years of age who is enrolled as 

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

21 as defined under section 101 of the Higher Education Act 

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

23 SEC. 8. EFFECTIVE DATE. 

24 The amendments made by this Act shall take effect 

25 on the date of enactment of this Act and shall apply to 
27 

•HR 4844 IH 

1 contracts that take effect with respect to the calendar year 

2 2006. 

Æ