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‘‘(B) Unless the Office determines that the health or
safety of individuals receiving health care services war-
rants an earlier effective date, the Office shall not make
a determination adverse to a provider under subsection
(c)(4) or (d) until such provider has been given reasonable
notice and an opportunity for the determination to be
made after a hearing as provided in accordance with sub-
section (h)(1).’’;
(B) in paragraph (3)—
(i) by inserting ‘‘of debarment’’ after
‘‘notice’’; and
(ii) by adding at the end the follow-
ing: ‘‘In the case of a debarment under
paragraphs (1) through (4) of subsection
(b), the minimum period of exclusion shall
not be less than 3 years, except as pro-
vided in paragraph (4)(B)(ii).’’; and
(C) in paragraph (4)(B)(i)(I) by striking
‘‘subsection (b) or (c)’’ and inserting ‘‘sub-
section (b), (c), or (d)’’;
(7) in subsection (h), as so redesignated by
paragraph (3), by striking ‘‘(h)(1)’’ and all that fol-
lows through the end of paragraph (2) and inserting
the following:
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‘‘(h)(1) Any provider of health care services or sup-
plies that is the subject of an adverse determination by
the Office under this section shall be entitled to reasonable
notice and an opportunity to request a hearing of record,
and to judicial review as provided in this subsection after
the Office renders a final decision. The Office shall grant
a request for a hearing upon a showing that due process
rights have not previously been afforded with respect to
any finding of fact which is relied upon as a cause for
an adverse determination under this section. Such hearing
shall be conducted without regard to subchapter II of
chapter 5 and chapter 7 of this title by a hearing officer
who shall be designated by the Director of the Office and
who shall not otherwise have been involved in the adverse
determination being appealed. A request for a hearing
under this subsection must be filed within such period and
in accordance with such procedures as the Office shall pre-
scribe by regulation.
‘‘(2) Any provider adversely affected by a final deci-
sion under paragraph (1) made after a hearing to which
such provider was a party may seek review of such deci-
sion in the United States District Court for the District
of Columbia or for the district in which the plaintiff re-
sides or has his principal place of business by filing a no-
tice of appeal in such court within 60 days from the date
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the decision is issued and simultaneously sending copies
of such notice by certified mail to the Director of the Of-
fice and to the Attorney General. In answer to the appeal,
the Director of the Office shall promptly file in such court
a certified copy of the transcript of the record, if the Office
conducted a hearing, and other evidence upon which the
findings and decision complained of are based. The court
shall have power to enter, upon the pleadings and evidence
of record, a judgment affirming, modifying, or setting
aside, in whole or in part, the decision of the Office, with
or without remanding the cause for a rehearing. The dis-
trict court shall not set aside or remand the decision of
the Office unless there is not substantial evidence on the
record, taken as a whole, to support the findings by the
Office of a cause for action under this section or unless
action taken by the Office constitutes an abuse of discre-
tion.’’; and
(8) in subsection (i), as so redesignated by
paragraph (3)—
(A) by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’; and
(B) by adding at the end the following:
‘‘The amount of a penalty or assessment as fi-
nally determined by the Office, or other amount
the Office may agree to in compromise, may be
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deducted from any sum then or later owing by
the United States to the party against whom
the penalty or assessment has been levied.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall take effect on the date
of the enactment of this Act.
(2) EXCEPTIONS.—(A) Paragraphs (2) and (4)
of section 8902a(c) of title 5, United States Code,
as amended by subsection (a), shall apply only to the
extent that the misconduct which is the basis for de-
barment thereunder occurs after the date of the en-
actment of this Act.
(B) Section 8902a(d)(1)(B) of title 5, United
States Code, as amended by subsection (a), shall
apply only with respect to charges which violate sec-
tion 8904(b) of such title 5 for items and services
furnished after the date of the enactment of this
Act.
(C) Section 8902a(g)(3) of title 5, United
States Code, as amended by subsection (a), shall
apply only with respect to debarments based on con-
victions occurring after the date of the enactment of
this Act.
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SEC. 604. CONSISTENT COVERAGE FOR INDIVIDUALS EN-
ROLLED IN A HEALTH PLAN ADMINISTERED
BY THE FEDERAL BANKING AGENCIES.
Section 5 of the FEGLI Living Benefits Act (Public
Law 103–409; 108 Stat. 4232) is amended—
(1) by inserting ‘‘and the Board of Governors
of the Federal Reserve System’’ after ‘‘Office of the
Comptroller of the Currency and the Office of Thrift
Supervision’’ each place it appears;
(2) in subsection (a), by inserting ‘‘or under a
health benefits plan not governed by chapter 89 of
such title in which employees and retirees of the
Board of Governors of the Federal Reserve System
participated before January 4, 1997,’’ after ‘‘Janu-
ary 7, 1995,’’;
(3) in subsection (b)—
(A) by inserting ‘‘(in the case of the Comp-
troller of the Currency and the Office of Thrift
Supervision) or on January 4, 1997 (in the case
of the Board of Governors of the Federal Re-
serve System)’’ after ‘‘on January 7, 1995’’
each place it appears;
(B) by inserting ‘‘, or in which employees
and retirees of the Board of Governors of the
Federal Reserve System participate,’’ after ‘‘Of-
fice of the Comptroller of the Currency or the