Federal Employee Dental and Vision Benefits Enhancement Act of 2004
PL 108-496 (S.2657), enacted 12/23/2004

118 STAT. 4000
PUBLIC LAW 108–495—DEC. 23, 2004
LEGISLATIVE HISTORY—S. 1301:
HOUSE REPORTS: No. 108–504 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Sept. 25, considered and passed Senate.
Vol. 150 (2004): Sept. 21, considered and passed House, amended.
Dec. 7, Senate concurred in House amendment.
be visible to the public, regardless of whether that person
is in a public or private place.
‘‘(c) This section does not prohibit any lawful law enforcement,
correctional, or intelligence activity.’’.
(b) AMENDMENT TO PART ANALYSIS.—The table of chapters at
the beginning of part I of title 18, United States Code, is amended
by inserting after the item relating to chapter 87 the following
new item:
‘‘88. Privacy ........................................................................................................... 1801’’.
Approved December 23, 2004.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00534
Fmt 6580
Sfmt 6580
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4001
PUBLIC LAW 108–496—DEC. 23, 2004
Public Law 108–496
108th Congress
An Act
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 avail-
able to Federal employees, retirees, and their dependents, to expand the con-
tracting authority of the Office of Personnel Management, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employee Dental and
Vision Benefits Enhancement Act of 2004’’.
SEC. 2. ENHANCED DENTAL BENEFITS FOR FEDERAL EMPLOYEES.
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.
‘‘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.
‘‘§ 8951. Definitions
‘‘In this chapter:
‘‘(1) The term ‘employee’ means an employee defined under
section 8901(1).
‘‘(2) The terms ‘annuitant’, ‘member of family’, and
‘dependent’ have the meanings as such terms are defined under
paragraphs (3), (5), and (9), respectively, of 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 Personnel
Management.
‘‘(5) The term ‘qualified company’ means a company (or
consortium of companies or an employee organization defined
under section 8901(8)) that offers indemnity, preferred provider
5 USC 101 note.
Federal
Employee Dental
and Vision
Benefits
Enhancement
Act of 2004.
Dec. 23, 2004
[S. 2657]
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00535
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4002
PUBLIC LAW 108–496—DEC. 23, 2004
organization, health maintenance organization, or discount
dental programs and if required is licensed to issue applicable
coverage in any number of States, taking any subsidiaries
of such a company into account (and, in the case of a consor-
tium, 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 Govern-
ment agency who are eligible to enroll in a health benefits
plan under chapter 89.
‘‘(7) The term ‘State’ includes the District of Columbia.
‘‘§ 8952. Availability of dental benefits
‘‘(a) The Office shall establish and administer a program
through which an eligible individual may obtain dental coverage
to supplement coverage available through chapter 89.
‘‘(b) The Office shall determine, in the exercise of its reasonable
discretion, the financial requirements for qualified 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.
‘‘§ 8953. 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 8954 without regard to section 5 of title 41 or any
other statute requiring competitive bidding. An employee organiza-
tion 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 contract is
awarded on the basis of contractor qualifications, price, and reason-
able 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 Office.
‘‘(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 require the quali-
fied company to agree—
‘‘(A) to provide payments or benefits to an eligible indi-
vidual 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 contract—
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00536
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4003
PUBLIC LAW 108–496—DEC. 23, 2004
‘‘(i) to establish internal procedures designed to expedi-
tiously resolve such disputes; and
‘‘(ii) to establish, for disputes not resolved through
procedures under clause (i), procedures for 1 or more alter-
native means of dispute resolution involving independent
third-party review under appropriate circumstances by
entities mutually acceptable to the Office and the qualified
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 decide 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
described 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 action described in section 10(a)(1)
of such Act relative 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 uniform term
of 7 years and may not be renewed automatically.
‘‘§ 8954. 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 individuals.
‘‘(c) The benefits to be provided under enhanced dental benefits
plans under this chapter may be of the following types:
‘‘(1) Diagnostic.
‘‘(2) Preventive.
‘‘(3) Emergency care.
‘‘(4) Restorative.
‘‘(5) Oral and maxillofacial surgery.
‘‘(6) Endodontics.
‘‘(7) Periodontics.
‘‘(8) Prosthodontics.
‘‘(9) Orthodontics.
‘‘(d) A contract approved under this chapter shall require the
qualified company to cover the geographic service delivery area
specified by the Office. The Office shall require qualified companies
to include dentally underserved areas in their service delivery areas.
‘‘(e) If an individual has dental coverage under a health benefits
plan under chapter 89 and also has coverage under a plan under
this chapter, the health benefits plan under chapter 89 shall be
the first payor of any benefit payments.
Procedures.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00537
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4004
PUBLIC LAW 108–496—DEC. 23, 2004
‘‘§ 8955. 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 maximums, limitations, and exclusions),
that the Office considers necessary to enable the individual to
make an informed decision about electing coverage.
‘‘(b) The Office shall make available to each individual eligible
to enroll in a dental benefits plan, information on services and
benefits provided by qualified companies participating under
chapter 89.
‘‘§ 8956. Election of coverage
‘‘(a) An eligible individual may enroll in a dental benefits 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 enrolled 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 dental 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 circumstances
specified by the Office.
‘‘(2) A transfer under paragraph (1) shall be subject to waiting
periods provided under a new plan.
‘‘§ 8957. Coverage of restored survivor or disability annu-
itants
‘‘A surviving spouse, disability annuitant, or surviving child
whose annuity is terminated and is later restored, may continue
enrollment in a dental benefits plan subject to the terms and
conditions prescribed in regulations issued by the Office.
‘‘§ 8958. Premiums
‘‘(a) Each eligible individual obtaining supplemental dental cov-
erage 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 required 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; or
‘‘(2) in the case of an annuitant, be withheld from the
annuity of such an annuitant.
Regulations.
Regulations.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00538
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4005
PUBLIC LAW 108–496—DEC. 23, 2004
‘‘(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 information and reports as
the Office may require.
‘‘(f)(1) The Employee Health Benefits Fund is available, without
fiscal year limitation, for reasonable expenses 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 appropriate
provisions under which the qualified company involved shall, during
each year, make such periodic contributions to the Dental Benefits
Administrative Account as necessary to ensure that the reasonable
anticipated expenses of the Office in administering this chapter
during such year are defrayed.
‘‘§ 8959. Preemption
‘‘The terms of any contract that relate to the nature, provision,
or extent of coverage or benefits (including payments with respect
to benefits) shall supersede and preempt any State or local law,
or any regulation issued thereunder, which relates to dental bene-
fits, insurance, plans, or contracts.
‘‘§ 8960. Studies, reports, and audits
‘‘(a) Each contract shall contain provisions requiring the quali-
fied company to—
‘‘(1) furnish such reasonable reports as the Office deter-
mines to be necessary to enable it to carry out its functions
under this chapter; and
‘‘(2) permit the Office and representatives of the Govern-
ment Accountability Office to examine such records of the quali-
fied company as may be necessary to carry out the purposes
of this chapter.
‘‘(b) Each Federal 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.
‘‘§ 8961. Jurisdiction of courts
‘‘The district courts of the United States have original jurisdic-
tion, 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 sec-
tion 8953(d) have been exhausted, but only to the extent judicial
review is not precluded by any dispute resolution or other remedy
under this chapter.
Records.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00539
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4006
PUBLIC LAW 108–496—DEC. 23, 2004
‘‘§ 8962. 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 conditions pertaining
to it.
‘‘(b) The Office shall, as appropriate, provide for coordinated
enrollment, promotion, and education efforts as appropriate in con-
sultation with each qualified company. The information under this
subsection shall include information relating to the dental benefits
available under chapter 89, including the advantages and disadvan-
tages of obtaining additional coverage under this chapter.’’.
SEC. 3. ENHANCED VISION BENEFITS FOR FEDERAL EMPLOYEES.
Subpart G of part III of title 5, United States Code, is amended
by inserting after chapter 89A (as added by section 2 of this Act)
the following:
‘‘CHAPTER 89B—ENHANCED VISION 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.
‘‘8989. Preemption.
‘‘8990. Studies, reports, and audits.
‘‘8991. Jurisdiction of courts.
‘‘8992. Administrative functions.
‘‘§ 8981. Definitions
‘‘In this chapter:
‘‘(1) The term ‘employee’ means an employee defined under
section 8901(1).
‘‘(2) The terms ‘annuitant’, ‘member of family’, and
‘dependent’ have the meanings as such terms are defined under
paragraphs (3), (5), and (9), respectively, of 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 Personnel
Management.
‘‘(5) The term ‘qualified company’ means a company (or
consortium of companies or an employee organization defined
under section 8901(8)) that offers indemnity, preferred provider
organization, health maintenance organization, or discount
vision programs and if required is licensed to issue applicable
coverage in any number of States, taking any subsidiaries
of such a company into account (and, in the case of a consor-
tium, 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 Govern-
ment agency who are eligible to enroll in a health benefits
plan under chapter 89.
Regulations.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00540
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4007
PUBLIC LAW 108–496—DEC. 23, 2004
‘‘(7) The term ‘State’ includes the District of Columbia.
‘‘§ 8982. Availability of vision benefits
‘‘(a) The Office shall establish and administer a program
through which an eligible individual may obtain vision coverage
to supplement coverage available through chapter 89.
‘‘(b) The Office shall determine, in the exercise of its reasonable
discretion, the financial requirements for qualified 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.
‘‘§ 8983. 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 8984 without regard to section 5 of title 41 or any
other statute requiring competitive bidding. An employee organiza-
tion 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 contract is
awarded on the basis of contractor qualifications, price, and reason-
able 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 Office.
‘‘(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 require the quali-
fied company to agree—
‘‘(A) to provide payments or benefits to an eligible indi-
vidual 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 contract—
‘‘(i) to establish internal procedures designed to expedi-
tiously resolve such disputes; and
‘‘(ii) to establish, for disputes not resolved through
procedures under clause (i), procedures for 1 or more alter-
native means of dispute resolution involving independent
third-party review under appropriate circumstances by
entities mutually acceptable to the Office and the qualified
company.
‘‘(2) A determination by a qualified company as to whether
or not a particular individual is eligible to obtain coverage under
Procedures.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00541
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4008
PUBLIC LAW 108–496—DEC. 23, 2004
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 decide 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
described 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 action described in section 10(a)(1)
of such Act relative 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 uniform term
of 7 years and may not be renewed automatically.
‘‘§ 8984. 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 individuals.
‘‘(c) The benefits to be provided under enhanced vision benefits
plans under this chapter may be of the following types:
‘‘(1) Diagnostic (to include refractive services).
‘‘(2) Preventive.
‘‘(3) Eyewear.
‘‘(d) A contract approved under this chapter shall require the
qualified company to cover the geographic service delivery area
specified by the Office. The Office shall require qualified companies
to include visually underserved areas in their service delivery areas.
‘‘(e) If an individual has vision coverage under a health benefits
plan under chapter 89 and also has coverage under a plan under
this chapter, the health benefits plan under chapter 89 shall be
the first payor of any benefit payments.
‘‘§ 8985. 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 maximums, limitations, and exclusions),
that the Office considers necessary to enable the individual to
make an informed decision about electing coverage.
‘‘(b) The Office shall make available to each individual eligible
to enroll in a vision benefits plan, information on services and
benefits provided by qualified companies participating under
chapter 89.
‘‘§ 8986. Election of coverage
‘‘(a) An eligible individual may enroll in a vision benefits 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00542
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4009
PUBLIC LAW 108–496—DEC. 23, 2004
An individual may not be enrolled 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 circumstances
specified by the Office.
‘‘(2) A transfer under paragraph (1) shall be subject to waiting
periods provided under a new plan.
‘‘§ 8987. Coverage of restored survivor or disability annu-
itants
‘‘A surviving spouse, disability annuitant, or surviving child
whose annuity is terminated and is later restored, may continue
enrollment in a vision benefits plan subject to the terms and condi-
tions prescribed in regulations issued by the Office.
‘‘§ 8988. Premiums
‘‘(a) Each eligible individual obtaining supplemental vision cov-
erage 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 required 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; or
‘‘(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 information and reports as
the Office may require.
‘‘(f)(1) The Employee Health Benefits Fund is available, without
fiscal year limitation, for reasonable expenses 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 appropriate
provisions under which the qualified company involved shall, during
each year, make such periodic contributions to the Vision Benefits
Administrative Account as necessary to ensure that the reasonable
Regulations.
Regulations.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00543
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4010
PUBLIC LAW 108–496—DEC. 23, 2004
anticipated expenses of the Office in administering this chapter
during such year are defrayed.
‘‘§ 8989. Preemption
‘‘The terms of any contract that relate to the nature, provision,
or extent of coverage or benefits (including payments with respect
to benefits) shall supersede and preempt any State or local law,
or any regulation issued thereunder, which relates to vision benefits,
insurance, plans, or contracts.
‘‘§ 8990. Studies, reports, and audits
‘‘(a) Each contract shall contain provisions requiring the quali-
fied company to—
‘‘(1) furnish such reasonable reports as the Office deter-
mines to be necessary to enable it to carry out its functions
under this chapter; and
‘‘(2) permit the Office and representatives of the Govern-
ment Accountability Office to examine such records of the quali-
fied company as may be necessary to carry out the purposes
of this chapter.
‘‘(b) Each Federal 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.
‘‘§ 8991. Jurisdiction of courts
‘‘The district courts of the United States have original jurisdic-
tion, 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 sec-
tion 8983(d) have been exhausted, but only to the extent judicial
review is not precluded by any dispute resolution or other remedy
under this chapter.
‘‘§ 8992. 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 conditions pertaining
to it.
‘‘(b) The Office shall, as appropriate, provide for coordinated
enrollment, promotion, and education efforts as appropriate in con-
sultation with each qualified company. The information under this
subsection shall include information relating to the vision benefits
available under chapter 89, including the advantages and disadvan-
tages of obtaining 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 relating to chapter
89 the following:
‘‘89A. Enhanced Dental Benefits ..................................................................... 8951
‘‘89B. Enhanced Vision Benefits ...................................................................... 8981’’.
Regulations.
Records.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00544
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 4011
PUBLIC LAW 108–496—DEC. 23, 2004
LEGISLATIVE HISTORY—S. 2657 (H.R. 5295):
SENATE REPORTS: No. 108–393 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Nov. 20, considered and passed Senate.
Dec. 6, considered and passed House.
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. REQUIREMENT TO STUDY HEALTH BENEFITS COVERAGE 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 submit 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 dependent 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. 7. 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 with respect to the calendar year 2006.
Approved December 23, 2004.
5 USC 8951 note.
Deadline.
Reports.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00545
Fmt 6580
Sfmt 6580
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4