II 
108TH CONGRESS 
2D SESSION 
H. R. 5295
IN THE SENATE OF THE UNITED STATES 
OCTOBER 9, 2004
Received 
AN ACT 
To amend part III of title 5, United States Code, to provide 
for the establishment of programs under which supple-
mental dental and vision benefits are made available 
to Federal employees, retirees, and their dependents, to 
expand the contracting authority of the Office of Per-
sonnel Management, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employees 
Dental and Vision Benefits Enhancement Act of 2004’’. 
SEC. 2. ENHANCED DENTAL BENEFITS. 
Subpart G of part III of title 5, United States Code, 
is amended by inserting after chapter 89 the following: 
‘‘CHAPTER 89A—ENHANCED DENTAL 
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.
‘‘§ 8921. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘employee’ means an employee, 
as defined by section 8901(1). 
‘‘(2) The terms ‘annuitant’, ‘member of family’, 
and ‘dependent’ have the meanings given such terms 
by section 8901. 
‘‘(3) The term ‘eligible individual’ refers to an 
individual described in paragraph (1) or (2), without
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regard to whether the individual is enrolled in a 
health benefits plan under chapter 89. 
‘‘(4) The term ‘Office’ means the Office of Per-
sonnel Management. 
‘‘(5) The term ‘qualified company’ means a 
company (or consortium of companies) that offers 
indemnity, preferred provider organization, health 
maintenance organization, or discount dental pro-
grams, and, if required, is licensed to issue applica-
ble coverage in any number of States, taking any 
subsidiaries of such a company into account (and, in 
the case of a consortium, considering the member 
companies and any subsidiaries thereof, collectively). 
‘‘(6) The term ‘employee organization’ means 
an association or other organization of employees 
which is national in scope, or in which membership 
is open to all employees of a Government agency 
who are eligible to enroll in a health benefits plan 
under chapter 89. 
‘‘(7) The term ‘State’ includes the District of 
Columbia. 
‘‘§ 8922. Availability of dental benefits 
‘‘(a) The Office shall establish and administer a pro-
gram through which an eligible individual may obtain den-
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tal coverage to supplement coverage available through 
chapter 89. 
‘‘(b) The Office shall determine, in the exercise of its 
reasonable discretion, the financial requirements for quali-
fied companies to participate in the program. 
‘‘(c) Nothing in this chapter shall be construed to 
prohibit the availability of dental benefits provided by 
health benefits plans under chapter 89. 
‘‘§ 8923. Contracting authority 
‘‘(a)(1) The Office shall contract with a reasonable 
number of qualified companies for a policy or policies of 
benefits described under section 8924, without regard to 
section 5 of title 41 or any other statute requiring com-
petitive bidding. An employee organization may contract 
with a qualified company for the purpose of participating 
with that qualified company in any contract between the 
Office and that qualified company. 
‘‘(2) The Office shall ensure that each resulting con-
tract is awarded on the basis of contractor qualifications, 
price, and reasonable competition. 
‘‘(b) Each contract under this section shall contain—
‘‘(1) the requirements under section 8902 (d), 
(f), and (i) made applicable to contracts under this 
section by regulations prescribed by the Office; 
‘‘(2) the terms of the enrollment period; and
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‘‘(3) such other terms and conditions as may be 
mutually agreed to by the Office and the qualified 
company involved, consistent with the requirements 
of this chapter and regulations prescribed by the Of-
fice. 
‘‘(c) Nothing in this chapter shall, in the case of an 
individual electing dental supplemental benefit coverage 
under this chapter after the expiration of such individual’s 
first opportunity to enroll, preclude the application of 
waiting periods more stringent than those that would have 
applied if that opportunity had not yet expired. 
‘‘(d)(1) Each contract under this chapter shall re-
quire the qualified company to agree—
‘‘(A) to provide payments or benefits to an eli-
gible individual if such individual is entitled thereto 
under the terms of the contract; and 
‘‘(B) with respect to disputes regarding claims 
for payments or benefits under the terms of the con-
tract—
‘‘(i) to establish internal procedures de-
signed to expeditiously resolve such disputes; 
and 
‘‘(ii) to establish, for disputes not resolved 
through procedures under clause (i), procedures 
for 1 or more alternative means of dispute reso-
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lution involving independent third-party review 
under appropriate circumstances by entities 
mutually acceptable to the Office and the quali-
fied company. 
‘‘(2) A determination by a qualified company as to 
whether or not a particular individual is eligible to obtain 
coverage under this chapter shall be subject to review only 
to the extent and in the manner provided in the applicable 
contract. 
‘‘(3) For purposes of applying the Contract Disputes 
Act of 1978 to disputes arising under this chapter between 
a qualified company and the Office—
‘‘(A) the agency board having jurisdiction to de-
cide an appeal relative to such a dispute shall be 
such board of contract appeals as the Director of the 
Office of Personnel Management shall specify in 
writing (after appropriate arrangements, as de-
scribed in section 8(c) of such Act); and 
‘‘(B) the district courts of the United States 
shall have original jurisdiction, concurrent with the 
United States Court of Federal Claims, of any ac-
tion described in section 10(a)(1) of such Act rel-
ative to such a dispute.
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‘‘(e) Nothing in this section shall be considered to 
grant authority for the Office or third-party reviewer to 
change the terms of any contract under this chapter. 
‘‘(f) Contracts under this chapter shall be for a uni-
form term of 7 years and may not be renewed automati-
cally. 
‘‘§ 8924. Benefits 
‘‘(a) The Office may prescribe reasonable minimum 
standards for enhanced dental benefits plans offered 
under this chapter and for qualified companies offering 
the plans. 
‘‘(b) Each contract may include more than 1 level of 
benefits that shall be made available to all eligible individ-
uals. 
‘‘(c) The benefits to be provided under enhanced den-
tal benefits plans under this chapter may be of the fol-
lowing types: 
‘‘(1) Diagnostic. 
‘‘(2) Preventive. 
‘‘(3) Emergency care. 
‘‘(4) Restorative. 
‘‘(5) Oral and maxillofacial surgery. 
‘‘(6) Endodontics. 
‘‘(7) Periodontics. 
‘‘(8) Prosthodontics.
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‘‘(9) Orthodontics. 
‘‘(d) A contract approved under this chapter shall re-
quire the qualified company to cover the geographic serv-
ice delivery specified by the Office. The Office shall require 
qualified companies to include underserved areas (with re-
spect to dental services) in their service delivery areas. 
‘‘(e) If an individual has dental coverage under a 
health benefits plan under chapter 89 and also has cov-
erage under a plan under this chapter, the health benefits 
plan under chapter 89 shall be the first payor of any ben-
efit payments. 
‘‘§ 8925. Information to individuals eligible to enroll 
‘‘(a) The qualified companies, at the direction and 
with the approval of the Office, shall make available to 
each individual eligible to enroll in a dental benefits plan 
information on services and benefits (including maxi-
mums, limitations, and exclusions) that the Office con-
siders necessary to enable the individual to make an in-
formed decision about electing coverage. 
‘‘(b) The Office shall make available to each indi-
vidual eligible to enroll in a dental benefits plan, informa-
tion on services and benefits provided by qualified compa-
nies participating under chapter 89.
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‘‘§ 8926. Election of coverage 
‘‘(a) An eligible individual may enroll in a dental ben-
efits plan for self-only, self plus one, or for self and family. 
If an eligible individual has a spouse who is also eligible 
to enroll, either spouse, but not both, may enroll for self 
plus one or self and family. An individual may not be en-
rolled both as an employee, annuitant, or other individual 
eligible to enroll and as a member of the family. 
‘‘(b) The Office shall prescribe regulations under 
which—
‘‘(1) an eligible individual may enroll in a den-
tal benefits plan; and 
‘‘(2) an enrolled individual may change the self-
only, self plus one, or self and family coverage of 
that individual. 
‘‘(c)(1) Regulations under subsection (b) shall permit 
an eligible individual to cancel or transfer the enrollment 
of that individual to another dental benefits plan—
‘‘(A) before the start of any contract term in 
which there is a change in rates charged or benefits 
provided, in which a new plan is offered, or in which 
an existing plan is terminated; or 
‘‘(B) during other times and under other cir-
cumstances specified by the Office. 
‘‘(2) A transfer under paragraph (1) shall be subject 
to waiting periods provided under a new plan.
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‘‘§ 8927. Coverage of restored survivor or disability 
annuitants 
‘‘A surviving spouse, disability annuitant, or sur-
viving child whose annuity is terminated and later restored 
may continue enrollment in a dental benefits plan, subject 
to the terms and conditions prescribed in regulations 
issued by the Office. 
‘‘§ 8928. Premiums 
‘‘(a) Each eligible individual obtaining supplemental 
dental coverage under this chapter shall be responsible for 
100 percent of the premiums for such coverage. 
‘‘(b) The Office shall prescribe regulations specifying 
the terms and conditions under which individuals are re-
quired to pay the premiums for enrollment. 
‘‘(c) The amount necessary to pay the premiums for 
enrollment may—
‘‘(1) in the case of an employee, be withheld 
from the pay of such an employee; and 
‘‘(2) in the case of an annuitant, be withheld 
from the annuity of such an annuitant. 
‘‘(d) All amounts withheld under this section shall be 
paid directly to the qualified company. 
‘‘(e) Each participating qualified company shall 
maintain accounting records that contain such informa-
tion and reports as the Office may require.
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‘‘(f)(1) The Employees Health Benefits Fund is 
available, without fiscal year limitation, for reasonable ex-
penses incurred by the Office in administering this chapter 
before the first day of the first contract period, including 
reasonable implementation costs. 
‘‘(2)(A) There is established in the Employees Health 
Benefits Fund a Dental Benefits Administrative Account, 
which shall be available to the Office, without fiscal year 
limitation, to defray reasonable expenses incurred by the 
Office in administering this chapter after the start of the 
first contract year. 
‘‘(B) A contract under this chapter shall include ap-
propriate provisions under which the qualified company in-
volved shall, during each year, make such periodic con-
tributions to the Dental Benefits Administrative Account 
as necessary to ensure that the reasonable anticipated ex-
penses of the Office in administering this chapter during 
such year are defrayed. 
‘‘§ 8929. Preemption 
‘‘The terms of any contract that relate to the nature, 
provision, or extent of coverage or benefits (including pay-
ments with respect to benefits) shall supersede and pre-
empt any State or local law, or any regulation issued 
thereunder, which relates to dental benefits, insurance, 
plans, or contracts.
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‘‘§ 8930. Studies, reports, and audits 
‘‘(a) Each contract shall contain provisions requiring 
the qualified company—
‘‘(1) to furnish such reasonable reports as the 
Office determines to be necessary to enable it to 
carry out its functions under this chapter; and 
‘‘(2) to permit the Office and representatives of 
the Government Accountability Office to examine 
such records of the qualified company as may be 
necessary to carry out the purposes of this chapter. 
‘‘(b) Each Government agency shall keep such 
records, make such certifications, and furnish the Office, 
the qualified company, or both, with such information and 
reports as the Office may require. 
‘‘(c) The Office shall conduct periodic reviews of 
plans under this chapter, including a comparison of the 
dental benefits available under chapter 89, to ensure the 
competitiveness of plans under this chapter. The Office 
shall cooperate with the Government Accountability Office 
to provide periodic evaluations of the program. 
‘‘§ 8931. Jurisdiction of courts 
‘‘The district courts of the United States have origi-
nal jurisdiction, concurrent with the United States Court 
of Federal Claims, of a civil action or claim against the 
United States under this chapter after such administrative 
remedies as required under section 8923(d) have been ex-
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hausted, but only to the extent judicial review is not pre-
cluded by any dispute resolution or other remedy under 
this chapter. 
‘‘§ 8932. Administrative functions 
‘‘(a) The Office shall prescribe regulations to carry 
out this chapter. The regulations may exclude an employee 
on the basis of the nature and type of employment or con-
ditions pertaining to it. 
‘‘(b) The Office shall, as appropriate, provide for co-
ordinated enrollment, promotion, and education efforts as 
appropriate in consultation with each qualified company. 
The information under this subsection shall include infor-
mation relating to the dental benefits available under 
chapter 89, including the advantages and disadvantages 
of obtaining additional coverage under this chapter.’’. 
SEC. 3. ENHANCED VISION BENEFITS. 
Subpart G of part III of title 5, United States Code, 
is amended by inserting after chapter 89A (as added by 
section 2) the following: 
‘‘CHAPTER 89B—ENHANCED VISION 
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.
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‘‘8948. Premiums. 
‘‘8949. Preemption. 
‘‘8950. Studies, reports, and audits. 
‘‘8951. Jurisdiction of courts. 
‘‘8952. Administrative functions.
‘‘§ 8941. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘employee’ means an employee, 
as defined by section 8901(1). 
‘‘(2) The terms ‘annuitant’, ‘member of family’, 
and ‘dependent’ have the meanings given such terms 
by section 8901. 
‘‘(3) The term ‘eligible individual’ refers to an 
individual described in paragraph (1) or (2), without 
regard to whether the individual is enrolled in a 
health benefits plan under chapter 89. 
‘‘(4) The term ‘Office’ means the Office of Per-
sonnel Management. 
‘‘(5) The term ‘qualified company’ means a 
company (or consortium of companies) that offers 
indemnity, preferred provider organization, health 
maintenance organization, or discount vision pro-
grams, and, if required, is licensed to issue applica-
ble coverage in any number of States, taking any 
subsidiaries of such a company into account (and, in 
the case of a consortium, considering the member 
companies and any subsidiaries thereof, collectively).
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‘‘(6) The term ‘employee organization’ means 
an association or other organization of employees 
which is national in scope, or in which membership 
is open to all employees of a Government agency 
who are eligible to enroll in a health benefits plan 
under chapter 89. 
‘‘(7) The term ‘State’ includes the District of 
Columbia. 
‘‘§ 8942. Availability of vision benefits 
‘‘(a) The Office shall establish and administer a pro-
gram through which an eligible individual may obtain vi-
sion coverage to supplement coverage available through 
chapter 89. 
‘‘(b) The Office shall determine, in the exercise of its 
reasonable discretion, the financial requirements for quali-
fied companies to participate in the program. 
‘‘(c) Nothing in this chapter shall be construed to 
prohibit the availability of vision benefits provided by 
health benefits plans under chapter 89. 
‘‘§ 8943. Contracting authority 
‘‘(a)(1) The Office shall contract with a reasonable 
number of qualified companies for a policy or policies of 
benefits described under section 8944, without regard to 
section 5 of title 41 or any other statute requiring com-
petitive bidding. An employee organization may contract
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with a qualified company for the purpose of participating 
with that qualified company in any contract between the 
Office and that qualified company. 
‘‘(2) The Office shall ensure that each resulting con-
tract is awarded on the basis of contractor qualifications, 
price, and reasonable competition. 
‘‘(b) Each contract under this section shall contain—
‘‘(1) the requirements under section 8902 (d), 
(f), and (i) made applicable to contracts under this 
section by regulations prescribed by the Office; 
‘‘(2) the terms of the enrollment period; and 
‘‘(3) such other terms and conditions as may be 
mutually agreed to by the Office and the qualified 
company involved, consistent with the requirements 
of this chapter and regulations prescribed by the Of-
fice. 
‘‘(c) Nothing in this chapter shall, in the case of an 
individual electing vision supplemental benefit coverage 
under this chapter after the expiration of such individual’s 
first opportunity to enroll, preclude the application of 
waiting periods more stringent than those that would have 
applied if that opportunity had not yet expired. 
‘‘(d)(1) Each contract under this chapter shall re-
quire the qualified company to agree—
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‘‘(A) to provide payments or benefits to an eli-
gible individual if such individual is entitled thereto 
under the terms of the contract; and 
‘‘(B) with respect to disputes regarding claims 
for payments or benefits under the terms of the con-
tract—
‘‘(i) to establish internal procedures de-
signed to expeditiously resolve such disputes; 
and 
‘‘(ii) to establish, for disputes not resolved 
through procedures under clause (i), procedures 
for 1 or more alternative means of dispute reso-
lution involving independent third-party review 
under appropriate circumstances by entities 
mutually acceptable to the Office and the quali-
fied company. 
‘‘(2) A determination by a qualified company as to 
whether or not a particular individual is eligible to obtain 
coverage under this chapter shall be subject to review only 
to the extent and in the manner provided in the applicable 
contract. 
‘‘(3) For purposes of applying the Contract Disputes 
Act of 1978 to disputes arising under this chapter between 
a qualified company and the Office—
HR 5295 RDS 
‘‘(A) the agency board having jurisdiction to de-
cide an appeal relative to such a dispute shall be 
such board of contract appeals as the Director of the 
Office of Personnel Management shall specify in 
writing (after appropriate arrangements, as de-
scribed in section 8(c) of such Act); and 
‘‘(B) the district courts of the United States 
shall have original jurisdiction, concurrent with the 
United States Court of Federal Claims, of any ac-
tion described in section 10(a)(1) of such Act rel-
ative to such a dispute. 
‘‘(e) Nothing in this section shall be considered to 
grant authority for the Office or third-party reviewer to 
change the terms of any contract under this chapter. 
‘‘(f) Contracts under this chapter shall be for a uni-
form term of 7 years and may not be renewed automati-
cally. 
‘‘§ 8944. Benefits 
‘‘(a) The Office may prescribe reasonable minimum 
standards for enhanced vision benefits plans offered under 
this chapter and for qualified companies offering the 
plans. 
‘‘(b) Each contract may include more than 1 level of 
benefits that shall be made available to all eligible individ-
uals.
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‘‘(c) The benefits to be provided under enhanced vi-
sion benefits plans under this chapter may be of the fol-
lowing types: 
‘‘(1) Diagnostic (to include refractive services). 
‘‘(2) Preventive. 
‘‘(3) Eyewear. 
‘‘(d) A contract approved under this chapter shall re-
quire the qualified company to cover the geographic serv-
ice delivery specified by the Office. The Office shall require 
qualified companies to include underserved areas (with re-
spect to vision services) in their service delivery areas. 
‘‘(e) If an individual has vision coverage under a 
health benefits plan under chapter 89 and also has cov-
erage under a plan under this chapter, the health benefits 
plan under chapter 89 shall be the first payor of any ben-
efit payments. 
‘‘§ 8945. Information to individuals eligible to enroll 
‘‘(a) The qualified companies, at the direction and 
with the approval of the Office, shall make available to 
each individual eligible to enroll in a vision benefits plan 
information on services and benefits (including maxi-
mums, limitations, and exclusions) that the Office con-
siders necessary to enable the individual to make an in-
formed decision about electing coverage.
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‘‘(2) in the case of an annuitant, be withheld 
from the annuity of such an annuitant. 
‘‘(d) All amounts withheld under this section shall be 
paid directly to the qualified company. 
‘‘(e) Each participating qualified company shall 
maintain accounting records that contain such informa-
tion and reports as the Office may require. 
‘‘(f)(1) The Employees Health Benefits Fund is 
available, without fiscal year limitation, for reasonable ex-
penses incurred by the Office in administering this chapter 
before the first day of the first contract period, including 
reasonable implementation costs. 
‘‘(2)(A) There is established in the Employees Health 
Benefits Fund a Vision Benefits Administrative Account, 
which shall be available to the Office, without fiscal year 
limitation, to defray reasonable expenses incurred by the 
Office in administering this chapter after the start of the 
first contract year. 
‘‘(B) A contract under this chapter shall include ap-
propriate provisions under which the qualified company in-
volved shall, during each year, make such periodic con-
tributions to the Vision Benefits Administrative Account 
as necessary to ensure that the reasonable anticipated ex-
penses of the Office in administering this chapter during 
such year are defrayed.
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‘‘§ 8949. Preemption 
‘‘The terms of any contract that relate to the nature, 
provision, or extent of coverage or benefits (including pay-
ments with respect to benefits) shall supersede and pre-
empt any State or local law, or any regulation issued 
thereunder, which relates to vision benefits, insurance, 
plans, or contracts. 
‘‘§ 8950. Studies, reports, and audits 
‘‘(a) Each contract shall contain provisions requiring 
the qualified company—
‘‘(1) to furnish such reasonable reports as the 
Office determines to be necessary to enable it to 
carry out its functions under this chapter; and 
‘‘(2) to permit the Office and representatives of 
the Government Accountability Office to examine 
such records of the qualified company as may be 
necessary to carry out the purposes of this chapter. 
‘‘(b) Each Government agency shall keep such 
records, make such certifications, and furnish the Office, 
the qualified company, or both, with such information and 
reports as the Office may require. 
‘‘(c) The Office shall conduct periodic reviews of 
plans under this chapter, including a comparison of the 
vision benefits available under chapter 89, to ensure the 
competitiveness of plans under this chapter. The Office
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shall cooperate with the Government Accountability Office 
to provide periodic evaluations of the program. 
‘‘§ 8951. Jurisdiction of courts 
‘‘The district courts of the United States have origi-
nal jurisdiction, concurrent with the United States Court 
of Federal Claims, of a civil action or claim against the 
United States under this chapter after such administrative 
remedies as required under section 8943(d) have been ex-
hausted, but only to the extent judicial review is not pre-
cluded by any dispute resolution or other remedy under 
this chapter. 
‘‘§ 8952. Administrative functions 
‘‘(a) The Office shall prescribe regulations to carry 
out this chapter. The regulations may exclude an employee 
on the basis of the nature and type of employment or con-
ditions pertaining to it. 
‘‘(b) The Office shall, as appropriate, provide for co-
ordinated enrollment, promotion, and education efforts as 
appropriate in consultation with each qualified company. 
The information under this subsection shall include infor-
mation relating to the vision benefits available under chap-
ter 89, including the advantages and disadvantages of ob-
taining additional coverage under this chapter.’’.
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SEC. 4. TECHNICAL AND CONFORMING AMENDMENT. 
The table of chapters for part III of title 5, United 
States Code, is amended by inserting after the item relat-
ing to chapter 89 the following:
‘‘89A. Enhanced Dental Benefits .............................................................
8921
‘‘89B. Enhanced Vision Benefits .............................................................. 8941’’.
SEC. 5. APPLICATION TO POSTAL SERVICE EMPLOYEES. 
Section 1005(f) of title 39, United States Code, is 
amended in the second sentence by striking ‘‘chapters 87 
and 89’’ and inserting ‘‘chapters 87, 89, 89A, and 89B’’. 
SEC. 6. SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds that—
(1) oral and vision health and general health 
and well-being are inseparable, and access to dental 
and vision services is an essential factor in maintain-
ing good health; 
(2) Federal employees and their families de-
serve and desire additional coverage options and 
place value on maintaining good oral and vision 
health; and 
(3) it is in the interest of the Federal Govern-
ment to remain competitive in attracting and retain-
ing highly skilled employees and taking reasonable 
steps to ensure the health and well-being of its em-
ployees.
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that health insurance benefits available to Federal 
employees should be sufficient to promote the health and 
productivity of all Federal workers and to support the re-
cruitment and retention of a highly qualified workforce. 
To help achieve these goals, Congress should evaluate the 
supplemental plans established under the this Act to de-
termine the options for and feasibility of providing an em-
ployer contribution. 
SEC. 7. REQUIREMENT TO STUDY HEALTH BENEFITS COV-
ERAGE FOR DEPENDENT CHILDREN WHO 
ARE FULL-TIME STUDENTS. 
Not later than 6 months after the date of enactment 
of this Act, the Office of Personnel Management shall sub-
mit to Congress a report describing and evaluating options 
whereby benefits under chapter 89 of title 5, United 
States Code, could be made available to an unmarried de-
pendent child under 25 years of age who is enrolled as 
a full-time student at an institution of higher education, 
as defined under section 101 of the Higher Education Act 
of 1965 (20 U.S.C. 1001). 
SEC. 8. HEARING BENEFITS REPORTING REQUIREMENT. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Office of Personnel 
Management shall submit to Congress a report describing
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and evaluating options whereby additional hearing benefits 
could be made available to—
(1) Federal employees and annuitants; 
(2) qualified relatives of Federal employees and 
annuitants; and 
(3) other appropriate classes of individuals. 
(b) REQUIRED
CONTENT.—The report shall in-
clude—
(1) a description of the hearing benefits cur-
rently available under the Federal employees health 
benefits program; 
(2) a description of any hearing plans currently 
offered by carriers participating in the Federal em-
ployees health benefits program; 
(3) a description of specific hearing benefits 
that could be offered in addition to those described 
in paragraphs (1) and (2), including any maximums, 
limitations, exclusions, and definitions that might be 
relevant; 
(4) a description of the specific classes of indi-
viduals (as referred to generally in paragraphs (1) 
through (3) of subsection (a)) to whom those addi-
tional benefits should be made available, including 
any definitions and other terms or conditions that 
might be relevant;
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(5) a description and assessment of the various 
contracting arrangements by which the Government 
could make those additional benefits available, in-
cluding whether such benefits should be contracted 
for on a regional or national basis; 
(6) the estimated cost of those additional bene-
fits, including an analysis relating to whether any 
regular Government contributions or allocation for 
start-up costs might be necessary or appropriate; 
(7) a description of how those additional bene-
fits could be made available through—
(A) the Federal employees health benefits 
program; 
(B) one or more plans outside the Federal 
employees health benefits program, including 
supplemental plans referred to in paragraph 
(2); 
(C) the program described in subpara-
graph (A) in combination with one or more of 
the plans described in subparagraph (B); and 
(D) any other hearing coverage delivery 
method; 
(8) an analysis of the advantages and disadvan-
tages associated with the alternatives described 
under paragraph (7), including—
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(A) the relative cost effectiveness and effi-
ciency of each; 
(B) the likely impact of each alternative on 
the overall attractiveness of the Federal employ-
ees health benefits program to individuals eligi-
ble to enroll, particularly Federal employees 
and annuitants; and 
(C) the extent to which each alternative 
might affect the relative competitiveness of the 
various carriers and plans currently partici-
pating in the Federal employees health benefits 
program (including as a provider of supple-
mental benefits); 
(9) a recommendation from the Office as to its 
preferred method or methods for providing those ad-
ditional benefits; and 
(10) any proposed legislation or other measures 
the Office considers necessary in order to implement 
any of the foregoing. 
SEC. 9. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date of enactment of this Act and shall apply to
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contracts that take effect in any year beginning after De-
cember 31, 2005.
Passed the House of Representatives October 8, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.