‘‘(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—
‘‘(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. 
‘‘(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. 
‘‘(b) The Office shall make available to each indi-
vidual eligible to enroll in a vision benefits plan, informa-
tion on services and benefits provided by qualified compa-
nies participating under chapter 89. 
‘‘§ 8946. Election of coverage 
‘‘(a) An eligible individual may enroll in a vision bene-
fits 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 vision 
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 vision 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.
‘‘§ 8947. 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 vision benefits plan, subject 
to the terms and conditions prescribed in regulations 
issued by the Office. 
‘‘§ 8948. Premiums 
‘‘(a) Each eligible individual obtaining supplemental 
vision 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.
‘‘(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. 
‘‘§ 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 
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.’’. 
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. 
(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 
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; 
(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—
(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 
contracts that take effect in any year beginning after De-
cember 31, 2005.
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