I 

108TH CONGRESS 

2D SESSION H. R. 5295

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 

OCTOBER 8, 2004

Mr. MURPHY (for himself, Mr. TOM DAVIS of Virginia, Mrs. JO ANN DAVIS

of Virginia, Mr. DAVIS of Illinois, Mr. HOYER, Mr. MORAN of Virginia, 

and Mr. WOLF) 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 Employees 

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

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

3 is amended by inserting after chapter 89 the following: 

4 ‘‘CHAPTER 89A—ENHANCED DENTAL 

5 BENEFITS

‘‘Sec. 

‘‘8921. Definitions. 

‘‘8922. Availability of dental benefits. 

‘‘8923. Contracting authority. 

‘‘8924. Benefits. 

‘‘8925. Information to individuals eligible to enroll. 

‘‘8926. Election of coverage. 

‘‘8927. Coverage of restored survivor or disability annuitants. 

‘‘8928. Premiums. 

‘‘8929. Preemption. 

‘‘8930. Studies, reports, and audits. 

‘‘8931. Jurisdiction of courts. 

‘‘8932. Administrative functions.

6 ‘‘§ 8921. Definitions 

7 ‘‘In this chapter: 

8 ‘‘(1) The term ‘employee’ means an employee, 

9 as defined by section 8901(1). 

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

11 and ‘dependent’ have the meanings given such terms 

12 by section 8901. 

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

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

15 regard to whether the individual is enrolled in a 

16 health benefits plan under chapter 89. 

17 ‘‘(4) The term ‘Office’ means the Office of Per18 sonnel Management. 
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1 ‘‘(5) The term ‘qualified company’ means a 

2 company (or consortium of companies) that offers 

3 indemnity, preferred provider organization, health 

4 maintenance organization, or discount dental pro5 grams, and, if required, is licensed to issue applica6 ble coverage in any number of States, taking any 

7 subsidiaries of such a company into account (and, in 

8 the case of a consortium, considering the member 

9 companies and any subsidiaries thereof, collectively). 

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

11 an association or other organization of employees 

12 which is national in scope, or in which membership 

13 is open to all employees of a Government agency 

14 who are eligible to enroll in a health benefits plan 

15 under chapter 89. 

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

17 Columbia. 

18 ‘‘§ 8922. Availability of dental benefits 

19 ‘‘(a) The Office shall establish and administer a pro20 gram through which an eligible individual may obtain den21 tal coverage to supplement coverage available through 

22 chapter 89. 

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

24 reasonable discretion, the financial requirements for quali25 fied companies to participate in the program. 
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1 ‘‘(c) Nothing in this chapter shall be construed to 

2 prohibit the availability of dental benefits provided by 

3 health benefits plans under chapter 89. 

4 ‘‘§ 8923. Contracting authority 

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

6 number of qualified companies for a policy or policies of 

7 benefits described under section 8924, without regard to 

8 section 5 of title 41 or any other statute requiring com9 petitive bidding. An employee organization may contract 

10 with a qualified company for the purpose of participating 

11 with that qualified company in any contract between the 

12 Office and that qualified company. 

13 ‘‘(2) The Office shall ensure that each resulting con14 tract is awarded on the basis of contractor qualifications, 

15 price, and reasonable competition. 

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

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

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

19 section by regulations prescribed by the Office; 

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

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

22 mutually agreed to by the Office and the qualified 

23 company involved, consistent with the requirements 

24 of this chapter and regulations prescribed by the Of25 fice. 
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1 ‘‘(c) Nothing in this chapter shall, in the case of an 

2 individual electing dental supplemental benefit coverage 

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

4 first opportunity to enroll, preclude the application of 

5 waiting periods more stringent than those that would have 

6 applied if that opportunity had not yet expired. 

7 ‘‘(d)(1) Each contract under this chapter shall re8 quire the qualified company to agree—

9 ‘‘(A) to provide payments or benefits to an eli10 gible individual if such individual is entitled thereto 

11 under the terms of the contract; and 

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

13 for payments or benefits under the terms of the con14 tract—

15 ‘‘(i) to establish internal procedures de16 signed to expeditiously resolve such disputes; 

17 and 

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

19 through procedures under clause (i), procedures 

20 for 1 or more alternative means of dispute reso21 lution involving independent third-party review 

22 under appropriate circumstances by entities 

23 mutually acceptable to the Office and the quali24 fied company. 
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1 ‘‘(2) A determination by a qualified company as to 

2 whether or not a particular individual is eligible to obtain 

3 coverage under this chapter shall be subject to review only 

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

5 contract. 

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

7 Act of 1978 to disputes arising under this chapter between 

8 a qualified company and the Office—

9 ‘‘(A) the agency board having jurisdiction to de10 cide an appeal relative to such a dispute shall be 

11 such board of contract appeals as the Director of the 

12 Office of Personnel Management shall specify in 

13 writing (after appropriate arrangements, as de14 scribed in section 8(c) of such Act); and 

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

16 shall have original jurisdiction, concurrent with the 

17 United States Court of Federal Claims, of any ac18 tion described in section 10(a)(1) of such Act rel19 ative to such a dispute. 

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

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

22 change the terms of any contract under this chapter. 

23 ‘‘(f) Contracts under this chapter shall be for a uni24 form term of 7 years and may not be renewed automati25 cally. 
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1 ‘‘§ 8924. Benefits 

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

3 standards for enhanced dental benefits plans offered 

4 under this chapter and for qualified companies offering 

5 the plans. 

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

7 benefits that shall be made available to all eligible individ8 uals. 

9 ‘‘(c) The benefits to be provided under enhanced den10 tal benefits plans under this chapter may be of the fol11 lowing types: 

12 ‘‘(1) Diagnostic. 

13 ‘‘(2) Preventive. 

14 ‘‘(3) Emergency care. 

15 ‘‘(4) Restorative. 

16 ‘‘(5) Oral and maxillofacial surgery. 

17 ‘‘(6) Endodontics. 

18 ‘‘(7) Periodontics. 

19 ‘‘(8) Prosthodontics. 

20 ‘‘(9) Orthodontics. 

21 ‘‘(d) A contract approved under this chapter shall re22 quire the qualified company to cover the geographic serv23 ice delivery specified by the Office. The Office shall require 

24 qualified companies to include underserved areas (with re25 spect to dental services) in their service delivery areas. 
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1 ‘‘(e) If an individual has dental coverage under a 

2 health benefits plan under chapter 89 and also has cov3 erage under a plan under this chapter, the health benefits 

4 plan under chapter 89 shall be the first payor of any ben5 efit payments. 

6 ‘‘§ 8925. Information to individuals eligible to enroll 

7 ‘‘(a) The qualified companies, at the direction and 

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

9 each individual eligible to enroll in a dental benefits plan 

10 information on services and benefits (including maxi11 mums, limitations, and exclusions) that the Office con12 siders necessary to enable the individual to make an in13 formed decision about electing coverage. 

14 ‘‘(b) The Office shall make available to each indi15 vidual eligible to enroll in a dental benefits plan, informa16 tion on services and benefits provided by qualified compa17 nies participating under chapter 89. 

18 ‘‘§ 8926. Election of coverage 

19 ‘‘(a) An eligible individual may enroll in a dental ben20 efits plan for self-only, self plus one, or for self and family. 

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

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

23 plus one or self and family. An individual may not be en24 rolled both as an employee, annuitant, or other individual 

25 eligible to enroll and as a member of the family. 
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1 ‘‘(b) The Office shall prescribe regulations under 

2 which—

3 ‘‘(1) an eligible individual may enroll in a den4 tal benefits plan; and 

5 ‘‘(2) an enrolled individual may change the self6 only, self plus one, or self and family coverage of 

7 that individual. 

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

9 an eligible individual to cancel or transfer the enrollment 

10 of that individual to another dental benefits plan—

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

12 which there is a change in rates charged or benefits 

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

14 an existing plan is terminated; or 

15 ‘‘(B) during other times and under other cir16 cumstances specified by the Office. 

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

18 to waiting periods provided under a new plan. 

19 ‘‘§ 8927. Coverage of restored survivor or disability 

20 annuitants 

21 ‘‘A surviving spouse, disability annuitant, or sur22 viving child whose annuity is terminated and later restored 

23 may continue enrollment in a dental benefits plan, subject 

24 to the terms and conditions prescribed in regulations 

25 issued by the Office. 
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1 ‘‘§ 8928. Premiums 

2 ‘‘(a) Each eligible individual obtaining supplemental 

3 dental coverage under this chapter shall be responsible for 

4 100 percent of the premiums for such coverage. 

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

6 the terms and conditions under which individuals are re7 quired to pay the premiums for enrollment. 

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

9 enrollment may—

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

11 from the pay of such an employee; and 

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

13 from the annuity of such an annuitant. 

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

15 paid directly to the qualified company. 

16 ‘‘(e) Each participating qualified company shall 

17 maintain accounting records that contain such informa18 tion and reports as the Office may require. 

19 ‘‘(f)(1) The Employees Health Benefits Fund is 

20 available, without fiscal year limitation, for reasonable ex21 penses incurred by the Office in administering this chapter 

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

23 reasonable implementation costs. 

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

25 Benefits Fund a Dental Benefits Administrative Account, 

26 which shall be available to the Office, without fiscal year 
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1 limitation, to defray reasonable expenses incurred by the 

2 Office in administering this chapter after the start of the 

3 first contract year. 

4 ‘‘(B) A contract under this chapter shall include ap5 propriate provisions under which the qualified company in6 volved shall, during each year, make such periodic con7 tributions to the Dental Benefits Administrative Account 

8 as necessary to ensure that the reasonable anticipated ex9 penses of the Office in administering this chapter during 

10 such year are defrayed. 

11 ‘‘§ 8929. Preemption 

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

13 provision, or extent of coverage or benefits (including pay14 ments with respect to benefits) shall supersede and pre15 empt any State or local law, or any regulation issued 

16 thereunder, which relates to dental benefits, insurance, 

17 plans, or contracts. 

18 ‘‘§ 8930. Studies, reports, and audits 

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

20 the qualified company—

21 ‘‘(1) to furnish such reasonable reports as the 

22 Office determines to be necessary to enable it to 

23 carry out its functions under this chapter; and 

24 ‘‘(2) to permit the Office and representatives of 

25 the Government Accountability Office to examine 
12

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1 such records of the qualified company as may be 

2 necessary to carry out the purposes of this chapter. 

3 ‘‘(b) Each Government agency shall keep such 

4 records, make such certifications, and furnish the Office, 

5 the qualified company, or both, with such information and 

6 reports as the Office may require. 

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

8 plans under this chapter, including a comparison of the 

9 dental benefits available under chapter 89, to ensure the 

10 competitiveness of plans under this chapter. The Office 

11 shall cooperate with the Government Accountability Office 

12 to provide periodic evaluations of the program. 

13 ‘‘§ 8931. Jurisdiction of courts 

14 ‘‘The district courts of the United States have origi15 nal jurisdiction, concurrent with the United States Court 

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

17 United States under this chapter after such administrative 

18 remedies as required under section 8923(d) have been ex19 hausted, but only to the extent judicial review is not pre20 cluded by any dispute resolution or other remedy under 

21 this chapter. 

22 ‘‘§ 8932. Administrative functions 

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

24 out this chapter. The regulations may exclude an employee 
13

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1 on the basis of the nature and type of employment or con2 ditions pertaining to it. 

3 ‘‘(b) The Office shall, as appropriate, provide for co4 ordinated enrollment, promotion, and education efforts as 

5 appropriate in consultation with each qualified company. 

6 The information under this subsection shall include infor7 mation relating to the dental benefits available under 

8 chapter 89, including the advantages and disadvantages 

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

10 SEC. 3. ENHANCED VISION BENEFITS. 

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

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

13 section 2) the following: 

14 ‘‘CHAPTER 89B—ENHANCED VISION 

15 BENEFITS

‘‘Sec. 

‘‘8941. Definitions. 

‘‘8942. Availability of vision benefits. 

‘‘8943. Contracting authority. 

‘‘8944. Benefits. 

‘‘8945. Information to individuals eligible to enroll. 

‘‘8946. Election of coverage. 

‘‘8947. Coverage of restored survivor or disability annuitants. 

‘‘8948. Premiums. 

‘‘8949. Preemption. 

‘‘8950. Studies, reports, and audits. 

‘‘8951. Jurisdiction of courts. 

‘‘8952. Administrative functions.

16 ‘‘§ 8941. Definitions 

17 ‘‘In this chapter: 

18 ‘‘(1) The term ‘employee’ means an employee, 

19 as defined by section 8901(1). 
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1 ‘‘(2) The terms ‘annuitant’, ‘member of family’, 

2 and ‘dependent’ have the meanings given such terms 

3 by section 8901. 

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

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

6 regard to whether the individual is enrolled in a 

7 health benefits plan under chapter 89. 

8 ‘‘(4) The term ‘Office’ means the Office of Per9 sonnel Management. 

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

11 company (or consortium of companies) that offers 

12 indemnity, preferred provider organization, health 

13 maintenance organization, or discount vision pro14 grams, and, if required, is licensed to issue applica15 ble coverage in any number of States, taking any 

16 subsidiaries of such a company into account (and, in 

17 the case of a consortium, considering the member 

18 companies and any subsidiaries thereof, collectively). 

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

20 an association or other organization of employees 

21 which is national in scope, or in which membership 

22 is open to all employees of a Government agency 

23 who are eligible to enroll in a health benefits plan 

24 under chapter 89. 
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1 ‘‘(7) The term ‘State’ includes the District of 

2 Columbia. 

3 ‘‘§ 8942. Availability of vision benefits 

4 ‘‘(a) The Office shall establish and administer a pro5 gram through which an eligible individual may obtain vi6 sion coverage to supplement coverage available through 

7 chapter 89. 

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

9 reasonable discretion, the financial requirements for quali10 fied companies to participate in the program. 

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

12 prohibit the availability of vision benefits provided by 

13 health benefits plans under chapter 89. 

14 ‘‘§ 8943. Contracting authority 

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

16 number of qualified companies for a policy or policies of 

17 benefits described under section 8944, without regard to 

18 section 5 of title 41 or any other statute requiring com19 petitive bidding. An employee organization may contract 

20 with a qualified company for the purpose of participating 

21 with that qualified company in any contract between the 

22 Office and that qualified company. 

23 ‘‘(2) The Office shall ensure that each resulting con24 tract is awarded on the basis of contractor qualifications, 

25 price, and reasonable competition. 
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1 ‘‘(b) Each contract under this section shall contain—

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

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

4 section by regulations prescribed by the Office; 

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

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

7 mutually agreed to by the Office and the qualified 

8 company involved, consistent with the requirements 

9 of this chapter and regulations prescribed by the Of10 fice. 

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

12 individual electing vision supplemental benefit coverage 

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

14 first opportunity to enroll, preclude the application of 

15 waiting periods more stringent than those that would have 

16 applied if that opportunity had not yet expired. 

17 ‘‘(d)(1) Each contract under this chapter shall re18 quire the qualified company to agree—

19 ‘‘(A) to provide payments or benefits to an eli20 gible individual if such individual is entitled thereto 

21 under the terms of the contract; and 

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

23 for payments or benefits under the terms of the con24 tract—
17

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1 ‘‘(i) to establish internal procedures de2 signed to expeditiously resolve such disputes; 

3 and 

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

5 through procedures under clause (i), procedures 

6 for 1 or more alternative means of dispute reso7 lution involving independent third-party review 

8 under appropriate circumstances by entities 

9 mutually acceptable to the Office and the quali10 fied company. 

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

12 whether or not a particular individual is eligible to obtain 

13 coverage under this chapter shall be subject to review only 

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

15 contract. 

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

17 Act of 1978 to disputes arising under this chapter between 

18 a qualified company and the Office—

19 ‘‘(A) the agency board having jurisdiction to de20 cide an appeal relative to such a dispute shall be 

21 such board of contract appeals as the Director of the 

22 Office of Personnel Management shall specify in 

23 writing (after appropriate arrangements, as de24 scribed in section 8(c) of such Act); and 
18

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

2 shall have original jurisdiction, concurrent with the 

3 United States Court of Federal Claims, of any ac4 tion described in section 10(a)(1) of such Act rel5 ative to such a dispute. 

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

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

8 change the terms of any contract under this chapter. 

9 ‘‘(f) Contracts under this chapter shall be for a uni10 form term of 7 years and may not be renewed automati11 cally. 

12 ‘‘§ 8944. Benefits 

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

14 standards for enhanced vision benefits plans offered under 

15 this chapter and for qualified companies offering the 

16 plans. 

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

18 benefits that shall be made available to all eligible individ19 uals. 

20 ‘‘(c) The benefits to be provided under enhanced vi21 sion benefits plans under this chapter may be of the fol22 lowing types: 

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

24 ‘‘(2) Preventive. 

25 ‘‘(3) Eyewear. 
19

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1 ‘‘(d) A contract approved under this chapter shall re2 quire the qualified company to cover the geographic serv3 ice delivery specified by the Office. The Office shall require 

4 qualified companies to include underserved areas (with re5 spect to vision services) in their service delivery areas. 

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

7 health benefits plan under chapter 89 and also has cov8 erage under a plan under this chapter, the health benefits 

9 plan under chapter 89 shall be the first payor of any ben10 efit payments. 

11 ‘‘§ 8945. Information to individuals eligible to enroll 

12 ‘‘(a) The qualified companies, at the direction and 

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

14 each individual eligible to enroll in a vision benefits plan 

15 information on services and benefits (including maxi16 mums, limitations, and exclusions) that the Office con17 siders necessary to enable the individual to make an in18 formed decision about electing coverage. 

19 ‘‘(b) The Office shall make available to each indi20 vidual eligible to enroll in a vision benefits plan, informa21 tion on services and benefits provided by qualified compa22 nies participating under chapter 89. 

23 ‘‘§ 8946. Election of coverage 

24 ‘‘(a) An eligible individual may enroll in a vision bene25 fits plan for self-only, self plus one, or for self and family. 
20

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

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

3 plus one or self and family. An individual may not be en4 rolled both as an employee, annuitant, or other individual 

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

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

7 which—

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

9 benefits plan; and 

10 ‘‘(2) an enrolled individual may change the self11 only, self plus one, or self and family coverage of 

12 that individual. 

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

14 an eligible individual to cancel or transfer the enrollment 

15 of that individual to another vision benefits plan—

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

17 which there is a change in rates charged or benefits 

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

19 an existing plan is terminated; or 

20 ‘‘(B) during other times and under other cir21 cumstances specified by the Office. 

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

23 to waiting periods provided under a new plan. 
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1 ‘‘§ 8947. Coverage of restored survivor or disability 

2 annuitants 

3 ‘‘A surviving spouse, disability annuitant, or sur4 viving child whose annuity is terminated and later restored 

5 may continue enrollment in a vision benefits plan, subject 

6 to the terms and conditions prescribed in regulations 

7 issued by the Office. 

8 ‘‘§ 8948. Premiums 

9 ‘‘(a) Each eligible individual obtaining supplemental 

10 vision 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; and 

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 Employees Health Benefits Fund is 

2 available, 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 Vision 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 Vision 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 ‘‘§ 8949. 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 vision benefits, insurance, 

25 plans, or contracts. 
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1 ‘‘§ 8950. Studies, reports, and audits 

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

3 the qualified company—

4 ‘‘(1) to furnish such reasonable reports as the 

5 Office determines to be necessary to enable it to 

6 carry out its functions under this chapter; and 

7 ‘‘(2) to 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 Government agency shall keep such 

12 records, make such certifications, and furnish the Office, 

13 the qualified company, or both, with such information and 

14 reports 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 vision 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 ‘‘§ 8951. 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 8943(d) have been ex-
24

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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 ‘‘§ 8952. 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 vision benefits available under chap14 ter 89, including the advantages and disadvantages of ob15 taining additional coverage under this chapter.’’. 

16 SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. 

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

18 States Code, is amended by inserting after the item relat19 ing to chapter 89 the following:

‘‘89A. Enhanced Dental Benefits ............................................................. 8921

‘‘89B. Enhanced Vision Benefits .............................................................. 8941’’.

20 SEC. 5. APPLICATION TO POSTAL SERVICE EMPLOYEES. 

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

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

23 and 89’’ and inserting ‘‘chapters 87, 89, 89A, and 89B’’. 
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1 SEC. 6. SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress finds that—

3 (1) oral and vision health and general health 

4 and well-being are inseparable, and access to dental 

5 and vision services is an essential factor in maintain6 ing good health; 

7 (2) Federal employees and their families de8 serve and desire additional coverage options and 

9 place value on maintaining good oral and vision 

10 health; and 

11 (3) it is in the interest of the Federal Govern12 ment to remain competitive in attracting and retain13 ing highly skilled employees and taking reasonable 

14 steps to ensure the health and well-being of its em15 ployees. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that health insurance benefits available to Federal 

18 employees should be sufficient to promote the health and 

19 productivity of all Federal workers and to support the re20 cruitment and retention of a highly qualified workforce. 

21 To help achieve these goals, Congress should evaluate the 

22 supplemental plans established under the this Act to de23 termine the options for and feasibility of providing an em24 ployer contribution. 
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1 SEC. 7. REQUIREMENT TO STUDY HEALTH BENEFITS COV2 ERAGE FOR DEPENDENT CHILDREN WHO 

3 ARE FULL-TIME STUDENTS. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Office of Personnel Management shall sub6 mit to Congress a report describing and evaluating options 

7 whereby benefits under chapter 89 of title 5, United 

8 States Code, could be made available to an unmarried de9 pendent child under 25 years of age who is enrolled as 

10 a full-time student at an institution of higher education, 

11 as defined under section 101 of the Higher Education Act 

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

13 SEC. 8. HEARING BENEFITS REPORTING REQUIREMENT. 

14 (a) IN GENERAL.—Not later than 6 months after the 

15 date of enactment of this Act, the Office of Personnel 

16 Management shall submit to Congress a report describing 

17 and evaluating options whereby additional hearing benefits 

18 could be made available to—

19 (1) Federal employees and annuitants; 

20 (2) qualified relatives of Federal employees and 

21 annuitants; and 

22 (3) other appropriate classes of individuals. 

23 (b) REQUIRED CONTENT.—The report shall in24 clude—
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1 (1) a description of the hearing benefits cur2 rently available under the Federal employees health 

3 benefits program; 

4 (2) a description of any hearing plans currently 

5 offered by carriers participating in the Federal em6 ployees health benefits program; 

7 (3) a description of specific hearing benefits 

8 that could be offered in addition to those described 

9 in paragraphs (1) and (2), including any maximums, 

10 limitations, exclusions, and definitions that might be 

11 relevant; 

12 (4) a description of the specific classes of indi13 viduals (as referred to generally in paragraphs (1) 

14 through (3) of subsection (a)) to whom those addi15 tional benefits should be made available, including 

16 any definitions and other terms or conditions that 

17 might be relevant; 

18 (5) a description and assessment of the various 

19 contracting arrangements by which the Government 

20 could make those additional benefits available, in21 cluding whether such benefits should be contracted 

22 for on a regional or national basis; 

23 (6) the estimated cost of those additional bene24 fits, including an analysis relating to whether any 
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1 regular Government contributions or allocation for 

2 start-up costs might be necessary or appropriate; 

3 (7) a description of how those additional bene4 fits could be made available through—

5 (A) the Federal employees health benefits 

6 program; 

7 (B) one or more plans outside the Federal 

8 employees health benefits program, including 

9 supplemental plans referred to in paragraph 

10 (2); 

11 (C) the program described in subpara12 graph (A) in combination with one or more of 

13 the plans described in subparagraph (B); and 

14 (D) any other hearing coverage delivery 

15 method; 

16 (8) an analysis of the advantages and disadvan17 tages associated with the alternatives described 

18 under paragraph (7), including—

19 (A) the relative cost effectiveness and effi20 ciency of each; 

21 (B) the likely impact of each alternative on 

22 the overall attractiveness of the Federal employ23 ees health benefits program to individuals eligi24 ble to enroll, particularly Federal employees 

25 and annuitants; and 
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1 (C) the extent to which each alternative 

2 might affect the relative competitiveness of the 

3 various carriers and plans currently partici4 pating in the Federal employees health benefits 

5 program (including as a provider of supple6 mental benefits); 

7 (9) a recommendation from the Office as to its 

8 preferred method or methods for providing those ad9 ditional benefits; and 

10 (10) any proposed legislation or other measures 

11 the Office considers necessary in order to implement 

12 any of the foregoing. 

13 SEC. 9. EFFECTIVE DATE. 

14 The amendments made by this Act shall take effect 

15 on the date of enactment of this Act and shall apply to 

16 contracts that take effect in any year beginning after De17 cember 31, 2005.

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