Great Lakes Fish and Wildlife Restoration Act of 1998
PL 105-265 (H.R.1481), enacted 10/19/1998

112 STAT. 2358 
PUBLIC LAW 105-265—OCT. 19, 1998 
Public Law 105-265 
105th Congress 
An Act 
O t 1
Q 1QQ8 
''^ amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide 
^ • 
'•••—-— 
for implementation of recommendations of the United States Fish and Wildlife 
[H.R. 1481] 
Service contained in the Great Lakes Fishery Resources Restoration Study. 
Be it enacted by the Senate and House of Representatives 
of 
Great Lakes Fish the United States of America in Congress assembled, 
and Wildlife 
Restoration Act 
SECTION 1. SHORT TITLE. 
16 use 941 note 
This Act may be cited as the "Great Lakes Fish and Wildlife 
Restoration Act of 1998". 
16 u s e 941 note. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Great Lakes Fishery Resources Restoration Study, 
for which a report was submitted to Congress in 1995, was 
a comprehensive study of the status, and the assessment, 
management, and restoration needs, of the fishery resources 
of the Great Lakes Basin, and was conducted through the 
joint effort of the United States Fish and Wildlife Service, 
State fish and wildlife resource management agencies, Indian 
tribes, and the Great Lakes Fishery Commission; and 
(2) the study— 
(A) found that, although State, Provincial, Native 
Americsm Tribal, and Federal agencies have made signifi-
cant progress toward the goal of restoring a healthy fish 
community to the Great Lakes Basin, additional actions 
and better coordination are needed to protect and effectively 
manage the fisheries and related resources in the Great 
Lakes Basin; and 
(B) recommended actions that are not currently funded 
but are considered essentisd to meet goals and objectives 
in managing the resources of the Great Lakes Basin. 
SEC. 3. REFERENCE; REPEAL. 
(a) REFERENCE.—Each reference in this Act (other than in 
subsection (b)) to the Great Lakes Fish and Wildlife Restoration 
Act of 1990 is a reference to the Act enacted by title I of Public 
Law 101-537 (104 Stat. 2370). 
(b) REPEAL OF DUPLICATIVE ENACTMENT.—The Great Lakes 
Fish and Wildlife Restoration Act of 1990, enacted as title II of 
16 use 941- 
Public Law 101-646 (104 Stat. 4773), is repealed. 
941g and note. 
SEC. 4. PURPOSES. 
Sectibn 1003 of the Great Lakes Fish and WildUfe Restoration 
Act of 1990 (16 U.S.C. 941a) is amended— 
PUBLIC LAW 105-265—OCT. 19, 1998 
112 STAT. 2359 
(1) in the matter preceding paragraph (1), by striking "this 
Act" and inserting "this title"; 
(2) by striking paragraph (1); 
(3) by redesignating paragraphs (2) and (3) as peiragraphs 
(1) and (2), respectively; 
(4) by striking paragraph (1) (as so redesignated) and 
inserting the following: 
"(1) to develop and implement proposals for the restoration 
of fish and wildlife resources in the Great Lakes Basin; and"; 
and 
(5) in paragraph (2) (as redesignated by paragraph (3)), 
by striking "habitat of and inserting "habitat in", 
SEC. 5. DEFINITIONS. 
Section 1004 of the Great Lakes Fish and Wildlife Restoration 
Act of 1990 (16 U.S.C. 941b) is amended— 
(1) in the matter preceding paragraph (1), by striking "this 
Act" and inserting "this title"; 
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (7), 
(8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (14), (9), 
(12), and (13), respectively; 
(3) by moving paragraph (14) (as redesignated by paragraph 
(2)) to the end of the section; 
(4) in paragraph (9) (as redesignated by paragraph (2)), 
by striking "plant or animal" and inserting "plant, animal, 
or other organism"; 
(5) by inserting after paragraph (1) the following: 
"(2) the term 'Committee' means the Great Lakes Fish 
and WildHfe Restoration Proposal Review Committee estab-
lished by section 1005(c);"; 
(6) by inserting after paragraph (7) (as redesignated by 
paragraph (2)) the following: 
"(8) the term 'non-Federal source' includes a State govern-
ment, local government, Indian tribe, other non-Federal govern-
mental entity, private entity, and individual;"; 
(7) by inserting after paragraph (9) (as redesignated by 
paragraph (2)) the following: 
"(10) the term 'Report' means the United States Fish and 
Wildlife Service report entitled 'Great Lakes Fishery Resources 
Restoration Studjr*, submitted to the President of the Senate 
and the Speaker of the House of Representatives on September 
13,1995; 
"(11) the term 'restoration' means rehabilitation 
and 
maintenance of the structure, function, diversity, and dynamics 
of a biological system, including reestablishment of self-sustain-
ing populations offish and wildlife;"; 
(8) in paragraph (12) (as redesignated by paragraph (2)), 
by striking "and" at the end; and 
(9) in paragraph (13) (as redesignated by paragraph (2)), 
by striking the period at the end and inserting "; £ind". 
SEC. 6. IDENTIFICATION; REVIEW; AND IMPLEMENTATION OF 
PROPOSALS. 
Section 1005 of the Great Lakes Fish and WildUfe Restoration 
Act of 1990 (16 U.S.C. 941c) is amended to read as follows: 
112 STAT. 2360 
PUBLIC LAW 105-265—OCT. 19, 1998 
"SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF 
PROPOSALS. 
"(a) IN GENERAL.—^The Director, in consultation with the 
Committee, shall encoura^fe the development and, subject to the 
availability of appropriations, the implementation of proposals 
based on tne results of the Report. 
"(b) IDENTIFICATION OF PROPOSALS.— 
"(1) 
REQUEST 
BY THE DIRECTOR.—The Director shall 
annually request that State Directors and Indian tribes, in 
cooperation or partnership with other interested entities and 
based on the results of the Report, submit proposals for the 
restoration offish and wildlife resources. 
"(2) REQUIREMENTS FOR PROPOSALS.—^A proposal under 
paragraph (1) shall be submitted in the manner and form 
prescribed by the Director and shall be consistent with the 
^oals of the Great Lakes Water Quality Agreement, as revised 
m 1987, the 1954 Great Lakes Fisheries Convention, the 1980 
Joint Strategic Plan for the Management of Great Lakes fishery 
resources, the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4701 et seq.), and the North 
American Waterfowl Management Plan and joint ventures 
estabUshed under the plan. 
"(3) SEA LAMPREY AUTHORITY.—The Great Lakes Fishery 
Commission shall retain authority and responsibihty for formu-
lation and implementation of a comprehensive program for 
eradicating^ or minimizing sea lamprey populations in me Great 
Lakes Basm. 
"(c) REVIEW OF PROPOSALS.— 
"(1) ESTABLISHMENT OF COMMITTEE.—There is established 
the Great Lakes Fish and Wildlife Restoration Proposal Review 
Committee, which shall operate imder the guidance of the 
Council of Lake Committees of the Great Lakes Fishery 
Commission. 
"(2) MEMBERSHIP AND APPOINTMENT.— 
"(A) IN GENERAL.—The Committee shall consist of 
representatives of all State Directors and Indian tribes 
with Great Lakes fish and wildUfe management authority 
in the Great Lakes Basin. 
"(B) 
APPOINTMENTS.—State 
Directors 
and 
Tribal 
Chairs shall appoint their representatives, who shall serve 
at tiie pleasure of the appointing authority. 
"(C) OBSERVER.—The Great Lakes Coordinator of the 
United States Fish and Wildlife Service shall participate 
as an observer of the Committee. 
"(D) RECUSAL.—^A member of the Committee shall 
recuse himself or herself from consideration of proposals 
that the member, or the entity that the member represents, 
has submitted. 
"(3) FUNCTIONS.—^The Committee shall at least annually— 
"(A) review proposals developed in accordance with 
subsection (b) to assess their effectiveness and appropriate-
ness in fulfilling the purposes of this title; and 
"(B) recommend to the Director any of those proposals 
that should be funded and implemented under this section. 
"(d) 
IMPLEMENTATION 
OF 
PROPOSALS.—^After 
considering 
recommendations of the Committee and the goals specified in sec-
tion 1006, the Director shall select proposals to be implemented 
PUBLIC LAW 105-265—OCT. 19, 1998 
112 STAT. 2361 
and, subject to the availability of appropriations and subsection 
(e), fund implementation of the proposals. In selecting and funding 
proposals, tne Director shall take into account the effectiveness 
and appropriateness of the proposals in fulfilling the purposes of 
other laws appHcable to restoration of the fishery resources and 
habitat of the Great Lakes Basin, 
"(e) COST-SHARING.— 
"(1) IN GENERAL.—Not less than 25 percent of the cost 
of implementing a proposal selected under subsection (d) (not 
including the cost of establishing sea lamprey barriers) shall 
be paid in cash or in-kind contributions by non-Federal sources. 
"(2) 
EXCLUSION OF FEDERAL FUNDS FROM NON-FEDERAL 
SHARE.—^The Director may not consider the expenditure, 
directly or indirectly, of Federal funds received by a State 
or local government to be a contribution by a non-Federal 
source for purposes of this subsection.". 
SEC. 7. REPORTS TO CONGRESS. 
Section 1008 of the Great Lakes Fish and Wildlife Restoration 
Act of 1990 (16 U.S.C. 941f) is amended to read as follows: 
"SEC. 1008. REPORTS TO CONGRESS. 
"On December 31, 2002, the Director shall submit to the Deadline. 
Committee on Resources of the House of Representatives and the 
Committee on Environment and PubUc Works of the Senate a 
report that describes— 
"(1) actions taken to soUcit and review proposals under 
section 1005; 
"(2) the results of proposals implemented under section 
1005; and 
"(3) progress toward the accomplishment of the goals 
specified in section 1006.". 
SEC. 8. AUTHORIZATION OP APPROPRIATIONS. 
Section 1009 of the Great Lakes Fish £ind Wildlife Restoration 
Act of 1990 (16 U.S.C. 941g) is amended to read as follows: 
"SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to the Director— 
"(1) for the activities of the Great Lakes Coordination Office 
in East Lansing, Michigan, of the Upper Great Lakes Fishery 
Resources Office, and of the Lower Great Lakes Fishery 
Resources Office imder section 1007, $3,500,000 for each of 
fiscal years 1999 through 2004; and 
112 STAT. 2362 
PUBLIC LAW 105-265—OCT. 19, 1998 
"(2) for implementation of fish and wildlife restoration 
proposals selected by the Director under section 1005(d), 
$4,500,000 for each of fiscal years 1999 through 2004, of which 
no funds shall be available for costs incurred in administering 
the proposals.". 
Approved October 19, 1998. 
LEGISLATIVE fflSTORY—H.R. 1481 (S. 659): 
HOUSE REPORTS: No. 105-715 (Comm. on Resources). 
SENATE REPORTS: No. 105-283 accompanying S. 659 (Comm. on Environment 
and Public Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 2, considered and passed Senate. 
PUBLIC LAW 105-265—OCT. 19, 1998 
112 STAT. 2361 
and, subject to the availability of appropriations and subsection 
(e), fund implementation of the proposals. In selecting and funding 
proposals, tne Director shall take into account the effectiveness 
and appropriateness of the proposals in fulfilling the purposes of 
other laws appHcable to restoration of the fishery resources and 
habitat of the Great Lakes Basin, 
"(e) COST-SHARING.— 
"(1) IN GENERAL.—Not less than 25 percent of the cost 
of implementing a proposal selected under subsection (d) (not 
including the cost of establishing sea lamprey barriers) shall 
be paid in cash or in-kind contributions by non-Federal sources. 
"(2) 
EXCLUSION OF FEDERAL FUNDS FROM NON-FEDERAL 
SHARE.—^The Director may not consider the expenditure, 
directly or indirectly, of Federal funds received by a State 
or local government to be a contribution by a non-Federal 
source for purposes of this subsection.". 
SEC. 7. REPORTS TO CONGRESS. 
Section 1008 of the Great Lakes Fish and Wildlife Restoration 
Act of 1990 (16 U.S.C. 941f) is amended to read as follows: 
"SEC. 1008. REPORTS TO CONGRESS. 
"On December 31, 2002, the Director shall submit to the Deadline. 
Committee on Resources of the House of Representatives and the 
Committee on Environment and PubUc Works of the Senate a 
report that describes— 
"(1) actions taken to soUcit and review proposals under 
section 1005; 
"(2) the results of proposals implemented under section 
1005; and 
"(3) progress toward the accomplishment of the goals 
specified in section 1006.". 
SEC. 8. AUTHORIZATION OP APPROPRIATIONS. 
Section 1009 of the Great Lakes Fish £ind Wildlife Restoration 
Act of 1990 (16 U.S.C. 941g) is amended to read as follows: 
"SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to the Director— 
"(1) for the activities of the Great Lakes Coordination Office 
in East Lansing, Michigan, of the Upper Great Lakes Fishery 
Resources Office, and of the Lower Great Lakes Fishery 
Resources Office imder section 1007, $3,500,000 for each of 
fiscal years 1999 through 2004; and 
112 STAT. 2362 
PUBLIC LAW 105-265—OCT. 19, 1998 
"(2) for implementation of fish and wildlife restoration 
proposals selected by the Director under section 1005(d), 
$4,500,000 for each of fiscal years 1999 through 2004, of which 
no funds shall be available for costs incurred in administering 
the proposals.". 
Approved October 19, 1998. 
LEGISLATIVE fflSTORY—H.R. 1481 (S. 659): 
HOUSE REPORTS: No. 105-715 (Comm. on Resources). 
SENATE REPORTS: No. 105-283 accompanying S. 659 (Comm. on Environment 
and Public Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 2, considered and passed Senate. 
PUBLIC LAW 105-266—OCT. 19, 1998 
112 STAT. 2363 
Public Law 105-266 
105th Congress 
An Act 
To amend chapter 89 of title 5, United States Code, to improve administration 
of sanctions against unfit health care providers under the Federal Employees 
Health Benefits Program, 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 Employees Health Care 
Protection Act of 1998". 
SEC. 2. DEBARMENT AND OTHER SANCTIONS. 
(a) AMENDMENTS.—Section 8902a of title 5, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking "and" at the end of subparagraph 
(B); 
(ii) by striking the period at the end of subpara-
graph (C) and inserting "; and"; and 
(iii) by adding at the end the following: 
"(D) the term 'should know' means that a person, with 
respect to information, acts in deliberate ignorance of, or in 
reckless disregard of, the truth or falsity of the information, 
and no proof of specific intent to defraud is required;"; and 
(B) in paragraph (2)(A), by striking "subsection (b) 
or (c)" and inserting "subsection (b), (c), or (d)"; 
(2) in subsection (b)— 
(A) by striking "The Office of Personnel Management 
may bar" and inserting "The Office of Personnel Manage-
ment shall bar"; and 
(B) by amending paragraph (5) to read as follows: 
"(5) Any provider that is currently debarred, suspended, 
or otherwise excluded from any procurement or nonprocurement 
activity (within the meaning of section 2455 of the Federal 
Acquisition Streamlining Act of 1994)."; 
tS) by redesignating subsections (c) through (i) as snh-
sections (d) through (j), respectively, and by inserting after 
subsection (b) the following: 
"(c) The Office may bar the following providers of health care 
services from participating in the program under this chapter: 
"(1) Any provider— 
"(A) whose license to provide health care services or 
supplies has been revoked, suspended, restricted, or not 
renewed, by a State licensing authority for reasons relating 
Oct. 19, 1998 
[H.R. 1836] 
Federal 
Employees 
Health Care 
Protection Act of 
1998. 
5 u s e 8901 note. 
112 STAT. 2364 
PUBLIC LAW 105-266—OCT. 19, 1998 
to the provider's professional competence, professional 
performance, or financial integrity; or 
"(B) that surrendered such a license while a formal 
disciplinary proceeding was pending before such an author-
ity, if the proceeding concerned the provider's professional 
competence, professional performance, or financial integ-
rity. 
"(2) Any provider that is an entity directly or indirectly 
owned, or with a control interest of 5 percent or more held, 
by an individual who has been convicted of any offense 
described in subsection (b), against whom a civil monetary 
penalty has been assessed under subsection (d), or who has 
been debarred from participation under this chapter. 
"(3) Any individual who directly or indirectly owns or has 
a control interest in a semctioned entity and who knows or 
should know of the action constituting the basis for the entity's 
conviction of any offense described in subsection (b), assessment 
with a civil monetary penalty under subsection (d), or debar-
ment from participation under this chapter. 
"(4) Any provider that the Office determines, in connection 
with claims presented under this chapter, has charged for 
health care services or supplies in an amount substantially 
in excess of such provider's customary charge for such services 
or supplies (unless the Office finds there is good cause for 
such charge), or charged for health care services or supplies 
which are substantially in excess of the needs of the covered 
individual or which are of a quality that fails to meet profes-
sionally recognized standards for such services or supplies. 
"(5) Any provider that the Office determines has committed 
acts described in subsection (d). 
Any determination under paragraph (4) relating to whether a charge 
for health care services or supplies is substantially in excess of 
the needs of the covered individual shall be made by trained review-
ers based on written medical protocols developed by physicians. 
In the event such a determination cannot be made based on such 
protocols, a physician in an appropriate specialty shall be con-
sulted."; 
(4) in subsection (d) (as so redesignated by paragraph (3)) 
by amending paragraph (1) to read as follows: 
"(1) in connection with claims presented under this chapter, 
that a provider has charged for a health care service or supply 
which the provider knows or should have known involves— 
"(A) an item or service not provided as claimed; 
"(B) charges in violation of applicable charge limita-
tions under section 8904(b); or 
"(C) an item or service furnished during a period in 
which the provider was debarred from participation under 
this chapter pursuant to a determination by the Office 
under this section, other than as permitted under sub-
section (g)(2)(B);"; 
(5) in subsection (f) (as so redesignated by paragraph (3)) 
by inserting after "under this section" the first place it appears 
the following: "(where such debarment is not mandatory)"; 
(6) in subsection (g) (as so redesignated by paragraph (3))— 
(A) by striking "(g)(1)" and all that follows through 
the end of paragraph (1) and inserting the following: 
PUBLIC LAW 105-266—OCT. 19, 1998 
112 STAT. 2365 
"(g)(1)(A) Except as provided in subparagraph (B), debarment Regulations. 
of a provider under subsection (b) or (c) shall be effective at such 
time and upon such reasonable notice to such provider, and to 
carriers and covered individuals, as shall be specified in regulations 
prescribed by the Office. Any such provider that is debarred from 
participation may request a hearing in accordance with subsection 
(h)(1). 
"(B) Unless the Office determines that the health or safety 
of individuals receiving health care services warrants an earlier 
effective date, the Office shall not make a determination adverse 
to a provider under subsection (c)(5) or (d) until such provider 
has been given reasonable notice and an opportunity for the deter-
mination to be made after a hearing as provided in accordance 
with subsection (h)(1)."; 
(B) in paragraph (3)— 
(i) by inserting "of debarment" after "notice"; and 
(ii) by adding at the end the following: "In the 
case of a debarment under paragraph (1), (2), (3), or 
(4) of subsection (b), the minimum period of debarment 
shall not be less than 3 years, except as provided 
in paragraph (4)(B)(ii)."; 
(C) in paragraph (4)(B)(i)(I) by striking "subsection 
(b) or (c)" and inserting "subsection (b), (c), or (d)"; and 
(D) by striking paragraph (6); 
(7) in subsection (h) (as so redesignated by paragraph (3)) 
by striking "(h)(1)" and all that follows through the end of 
paragraph (2) and inserting the following: 
"(h)(1) Any provider of health care services or supplies 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 Regulation. 
for a hearing under this subsection shall be filed within such 
period and in accordaince with such procedures as the Office shall 
prescribe by regulation. 
"(2) Any provider adversely affected by a final decision under 
paragraph (1) made after a hearing to which such provider was 
a party may seek review of such decision in the United States 
District Court for the District of Columbia or for the district in 
which the plaintiff resides or has his or her principal place of 
business by filing a notice of appeal in such court within 60 days 
after the date the decision is issued, and by simultaneously sending 
copies of such notice by certified mail to the Director of the Office 
and to the Attorney General. In answer to the appeal, the Director Records, 
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 gu'e based. The court shall have power to enter, upon the plead- Courts, 
ings and evidence of record, a judgment affirming, modif3dng, or 
112 STAT. 2366 
PUBLIC LAW 105-266—OCT. 19, 1998 
5 use 8902a 
note. 
Applicability. 
setting aside, in whole or in part, the decision of the Office, with 
or without remanding the case for a rehearing. The district court 
shall not set aside or remand the decision of the Office unless 
there is not substantial evidence on the record, taken as 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 discretion."; and 
(8>in subsection (i) (as so redesignated by paragraph (3))— 
/ 
(A) by striking "subsection (c)" and inserting "sub-
/ Section (d)"; and 
(B) by adding at the end the following: "The amount 
of a penalty or assessment as finally determined by the 
Office, or other amount the Office may agree to in com-
promise, may be 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 paragraph (2), the 
amendments made by this section shall take effect on the 
date of the enactment of this Act. 
(2) EXCEPTIONS.—(A) Paragraphs (2), (3), and (5) of section 
8902a(c) of title 5, United States Code, as amended by sub-
section (a)(3), shall apply only to the extent that the misconduct 
which is the basis for debarment under paragraph (2), (3), 
or (5), as applicable, occurs after the date of the enactment 
of this Act. 
(B) Paragraph (1)(B) of section 8902a(d) of title 5, United 
States Code, as amended by subsection (a)(4), shall apply only 
with respect to charges which violate section 8904(b) of such 
title for items or services furnished after the date of the enact-
ment of this Act. 
(C) Paragraph (3) of section 8902a(g) of title 5, United 
States Code, as amended by subsection (a)(6)(B), shall apply 
only with respect to debarments based on convictions occurring 
after the date of the enactment of this Act. 
SEC. 3. MISCELLANEOUS AMENDMENTS RELATING TO THE HEALTH 
BENEFITS PROGRAM FOR FEDERAL EMPLOYEES. 
(a) DEFINITION OF A CARRIER.—^Paragraph (7) of section 8901 
of title 5, United States Code, is amended by striking "organization;" 
and inserting "organization and an association of organizations 
or other entities described in this paragraph sponsoring a health 
benefits plan;". 
(b) SERVICE BENEFIT PLAN.—^Paragraph (1) of section 8903 of 
title 5, United States Code, is amended by striking "plan," and 
inserting "plan, which may be underwritten by participating affili-
ates licensed in any number of States,". 
(c) PREEMPTION.—Section 8902(m) of title 5, United States 
Code, is amended by striking "(m)(l)" and all that follows through 
the end of paragraph (1) and inserting the following: 
"(m)(l) The terms of any contract under this chapter which 
relate to the nature, provision, or extent of coverage or benefits 
(including pa3nnents with respect to benefits) shall supersede and 
preempt any State or local law, or any regulation issued thereunder, 
which relates to health insurance or plans.". 
PUBLIC LAW 105-266—OCT. 19, 1998 
112 STAT. 2367 
SEC. 4. CONTINUED HEALTH INSURANCE COVERAGE FOR CERTAIN 
5 USC 8901 note. 
INDIVIDUALS. 
(a) ENROLLMENT IN CHAPTER 89 PLAN.—For purposes of chapter 
89 of title 5, United States Code, any period of enrollment— 
(1) in a health benefits plan administered by the Federal 
Deposit Insurance Corporation before the termination of such 
plan on or before January 2, 1999; or 
(2) subject to subsection (c), in a health benefits plan (not 
under chapter 89 of such title) with respect to which the eligi-
bility of any employees or retired employees of the Board of 
Governors of the Federal Reserve System terminates on or 
before January 2, 1999, 
shall be deemed to be a period of enrollment in a health benefits 
plan under chapter 89 of such title. 
(b) CONTINUED COVERAGE.—(1) Subject to subsection (c), any 
individual who, on or before January 2, 1999, is enrolled in a 
health benefits plan described in subsection (a)(1) or (2) may enroll 
in an approved health benefits plan under chapter 89 of title 5, 
United States Code, either as an individual or for self and family, 
if, after taking into account the provisions of subsection (a), such 
individual— 
(A) meets the requirements of such chapter for eligibility 
to become so enrolled as £in employee, annuitant, or former 
spouse (within the meaning of such cnapter); or 
(B) would meet those requirements if, to the extent such 
requirements involve either retirement system under such title 
5, such individual satisfies similar requirements or provisions 
of the Retirement Plan for Employees of the Federal Reserve 
System. 
Any determination under subparagraph (B) shall be made under Guidelines. 
guidelines which the Office of Personnel Management shall estab-
lish in consultation with the Board of Governors of the Federal 
Reserve System. 
(2) Subject to subsection (c), any individual who, on or before 
January 2, 1999, is entitled to continued coverage under a health 
benefits plan described in subsection (a)(1) or (2) shall be deemed 
to be entitled to continued coverage under section 8905a of title 
5, United States Code, but only for the same remaining period 
as would have been allowable under the health benefits plan in 
which such individual was enrolled on or before January 2, 1999, 
if— 
(A) such individual had remained enrolled in such plan; 
and 
(B) such pl2in did not terminate, or the eligibility of such 
individual with respect to such plan did not terminate, as 
described in subsection (a). 
(3) Subject to subsection (c), any individual (other than an 
individual under paragraph (2)) who, on or before January 2, 1999, 
is covered under a health benefits plan described in subsection 
(a)(1) or (2) as an unmarried dependent child, but who does not 
then qualify for coverage under cnapter 89 of title 5, United States 
Code, as a family member (within the meaning of such chapter) 
shall be deemed to be entitled to continued coverage under section 
8905a of such title, to the same extent and in the same manner 
as if such individual had, on or before January 2, 1999, ceased 
to meet the requirements for being considered an unmarried 
dependent child of an enroUee under such chapter. 
112 STAT. 2368 
PUBLIC LAW 105-266—OCT. 19, 1998 
(4) Coverage under chapter 89 of title 5, United States Code, 
pursuant to an enrollment under this section shall become effective 
on January 3, 1999 or such earlier date as established by the 
Office of Personnel Management after consultation with the Federal 
Deposit Insurance Corporation or the Board of Governors of the 
Federal Reserve System, as appropriate. 
(c) ELIGIBILITY FOR F E H B P LIMITED TO INDIVIDUALS LOSING 
ELIGIBILITY UNDER FORMER HEALTH PLAN.—Nothing in subsection 
(a)(2) or any paragraph of subsection (b) (to the extent such para-
graph relates to tne plan described in subsection (a)(2)) shall be 
considered to apply with respect to any individual whose eligibility 
for coverage under such plan does not involuntarily terminate on 
or before January 2, 1999. 
(d) TRANSFERS TO THE EMPLOYEES HEALTH BENEFITS FUND.— 
The Federal Deposit Insurance Corporation and the Board of Gov-
ernors of the Federal Reserve System shall transfer to the Employ-
ees Health Benefits Fund under section 8909 of title 5, United 
States Code, amounts determined by the Director of the Office 
of Personnel Management, after consultation with the Federal 
Deposit Insurance Corporation and the Board of Governors of the 
Federal Reserve System, to be necessary to reimburse the Fund 
for the cost of providing benefits under this section not otherwise 
paid for by the individuals covered by this section. The amounts 
so transferred shall be held in the Fund and used by the Office 
of Personnel Management in addition to amounts available under 
section 8906(g)(1) of such title. 
(e) ADMINISTRATION AND REGULATIONS.—The Office of Person-
nel Management— 
(1) shall administer the provisions of this section to provide 
for— 
(A) a period of notice and open enrollment for individ-
uals affected by this section; and 
(B) no lapse of health coverage for individuals who 
enroll in a health benefits plan under chapter 89 of title 
5, United States Code, in accordance witn this section; 
and 
(2) may prescribe regulations to implement this section. 
5 use 8902 note. 
SEC. 5. FULL DISCLOSURE IN HEALTH PLAN CONTRACTS. 
The Office of Personnel Management shall encourage carriers 
offering health benefits plans described by section 8903 or section 
8903a of title 5, United States Code, with respect to contractual 
arrangements made by such carriers with any person for puiposes 
of obtaining discoimts firom providers for health care services or 
supplies furnished to individuals enrolled in such plan, to seek 
assurance that the conditions for such discounts are luUy disclosed 
to tiie providers who grant them. 
SEC. 6. PROVISIONS RELATING TO CERTAIN PLANS THAT HAVE 
DISCONTINUED THEIR PARTICIPATION IN FEHBP. 
(a) AUTHORITY TO READMIT.— 
(1) IN GENERAL.—Chapter 89 of title 5, United States Code, 
is amended by inserting after section 8903a the following: 
*
*
§ 8903b. Authority to readmit an employee organization plan 
"(a) In the event that a plan described by section 8903(3) 
or 8903a is discontinued under this chapter (other than in the 
circumstance described in section 8909(a)), that discontinuation