Congressional Record, Volume 150 Issue 137 (Monday, December 6, 2004)

[Congressional Record Volume 150, Number 137 (Monday, December 6, 2004)]
[House]
[Pages H10910-H10914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H10910]]
FEDERAL EMPLOYEE DENTAL AND VISION BENEFITS ENHANCEMENT ACT OF 2004

Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules
and pass the Senate bill (S. 2657) 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 available to Federal
employees, retirees, and their dependents, to expand the contracting
authority of the Office of Personnel Management, and for other
purposes.
The Clerk read as follows:

S. 2657

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.

(a) In General.--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.

``Sec. 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 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 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.

``Sec. 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.

``Sec. 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 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 contract
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 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
qualified company to agree--
``(A) to provide payments or benefits to an eligible
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 contract--
``(i) to establish internal procedures designed 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 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.

``Sec. 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.

``Sec. 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.

``Sec. 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.

[[Page H10911]]

``(2) A transfer under paragraph (1) shall be subject to
waiting periods provided under a new plan.

``Sec. 8957. Coverage of restored survivor or disability
annuitants

``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.

``Sec. 8958. 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 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 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.

``Sec. 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 benefits, insurance,
plans, or contracts.

``Sec. 8960. Studies, reports, and audits

``(a) Each contract shall contain provisions requiring the
qualified company to--
``(1) furnish such reasonable reports as the Office
determines to be necessary to enable it to carry out its
functions under this chapter; and
``(2) 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 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.

``Sec. 8961. Jurisdiction of courts

``The district courts of the United States have original
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 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.

``Sec. 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 consultation 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 disadvantages 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.

``Sec. 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 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.

``Sec. 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.

``Sec. 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 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 contract
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 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
qualified company to agree--
``(A) to provide payments or benefits to an eligible
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 contract--
``(i) to establish internal procedures designed 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 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

[[Page H10912]]

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.

``Sec. 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.

``Sec. 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.

``Sec. 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. 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.

``Sec. 8987. Coverage of restored survivor or disability
annuitants

``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 conditions prescribed in regulations issued by the
Office.

``Sec. 8988. 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 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 anticipated
expenses of the Office in administering this chapter during
such year are defrayed.

``Sec. 8989. Preemption

``Sec. 8990. Studies, reports, and audits

``(a) Each contract shall contain provisions requiring the
qualified company to--
``(1) furnish such reasonable reports as the Office
determines to be necessary to enable it to carry out its
functions under this chapter; and
``(2) 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 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.

``Sec. 8991. Jurisdiction of courts

``The district courts of the United States have original
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 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.

``Sec. 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 consultation 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 disadvantages 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''.....

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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Tom Davis) and the gentleman from Illinois (Mr. Davis)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).
Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I
may consume.
I rise in strong support of S. 2657, the Federal Employee Dental and
Vision Benefits Enhancement Act.
The Federal Employees Health Benefit Plan, FEHBP, is one of the
Federal Government's most important tools as we seek to recruit and
retain the best Federal workforce that this country has to offer. It
covers over 8.6 million

[[Page H10913]]

individuals, including 2.2 million Federal and postal employees, 1.9
million Federal annuitants, and 4.5 million dependents; and offers the
widest selection of health plans in the country, enabling enrollees to
compare the costs, benefits, and features of different plans. However,
this program will not remain a model for excellence in employer-
provided health care coverage unless we continue to explore avenues to
enhance the care and the choices provided.
Through the FEHBP, the Federal Government fulfills its
responsibilities as an employer to contribute to health and well-being
by providing comprehensive high-quality, affordable health care for its
employees, while also providing an example and a model for improving
the performance of the U.S. health care system as a whole. While a fine
example for comprehensive care, the FEHBP currently offers minimal
dental and vision benefits. Over 15 years ago, the Office of Personnel
Management stopped allowing plans to add new dental and vision packages
or to enhance packages they already had in place. As a result, the
FEHBP has not kept pace in these areas, as an overwhelming majority of
private sector plans provide dental and vision benefits.
In addition, there has been a groundswell among Federal employees and
annuitants through numerous surveys and focus groups on this issue.
More than any benefit, they want better coverage for dental and vision
care. This will change with the passage of this important legislation.
The bill before us now will establish a voluntary, supplemental
program under which Federal employees and annuitants may purchase
dental and vision insurance as part of the FEHBP. This important
legislation follows the design of the current long-term care insurance
program whose premiums are wholly employee-funded, but allows the
Federal Government to leverage its purchasing power to lower the cost
of care in these areas.
Mr. Speaker, I want to recognize the efforts of my distinguished
counterpart in the other body, the Senator from Maine, Ms. Collins.
Senator Collins was instrumental in the drafting of this legislation. I
commend her for her dedication on issues important to our Nation's
civil service. I look forward to continuing to work with her on these
important issues in the 109th Congress. I also thank my ranking member,
the gentleman from California (Mr. Waxman), and the ranking member of
the subcommittee, my friend, the gentleman from Illinois (Mr. Davis).
Mr. Speaker, I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to join with the gentleman from Virginia
(Chairman Tom Davis) in consideration of S. 2657, the Federal Employee
Dental and Vision Benefits Enhancement Act of 2004.
Visual health and oral health are integral to our general health. Eye
and oral diseases are progressive and become more complex over time.
Our ability to eat, see, read, learn, and communicate all depends on
good visual and oral health.
Periodic eye and dental examinations are an important part of routine
preventive health care. Many visual and oral conditions present no
obvious symptoms. Therefore, individuals are often unaware that
problems exist.
There are safe and effective measures to prevent the most common eye
and dental diseases, and that is why early diagnosis and treatment are
important for maintaining good visual and oral health, and why a vision
and dental benefit should be made available to Federal employees and
annuitants.
We know that in 1987, the Office of Personnel Management stopped
plans in the Federal health benefits program from adding new visual and
dental packages. OPM did so for various reasons. However, that decision
was made over 15 years ago, and it is time to take a fresh look at how
we can meet the visual and oral health needs of Federal employees.
In the long run, preventive care through periodic examinations and
doctor visits will help keep down long-term visual and dental costs due
to early detection.
I am happy to support S. 2657 because it permits OPM to contract with
qualified companies to offer dental and vision benefits to Federal
employees and retirees under the Federal Employee Health Benefits
Program.
Unfortunately, however, this bill does not include a provision that
would require OPM to study the feasibility of providing hearing
benefits to Federal benefits and retirees. Currently, over 28 million
Americans suffer hearing loss, half of whom are under the age of 50.
Hearing loss is not just a problem affecting adults. Thirty-three
children are born every day with some form of hearing loss. With early
detection and treatment, these children can be taught in regular
classes, saving the school system as much as $500,000 during a 12-year
education.
I included similar language in H.R. 3751, which passed the House in
June. Like vision and dental benefits, most insurance plans do not
provide hearing benefits, such as coverage for hearing aids.
To address this omission, the gentleman from California (Mr. Waxman)
and I, along with the gentleman from Virginia (Chairman Tom Davis) and
the Senate sponsors of this bill, sent a letter to the Director of the
office of OPM requesting that the agency assess current hearing
benefits available to FEHBP participants and explore the feasibility of
expanding hearing benefits to enrollees and their dependents.
Director James has already replied that such a study will be
conducted and completed by September 30, 2005. I am pleased that we
have received this commitment from OPM and look forward to reviewing
the finished report.
I would urge my colleagues to support passage of Senate bill 2657.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Virginia (Mr. Moran).
(Mr. MORAN of Virginia asked and was given permission to revise and
extend his remarks.)
Mr. MORAN of Virginia. Mr. Speaker, we had inserted similar language
to this bill in the legislative branch appropriations bill that
hopefully we will approve tonight as well. It addresses the fact that
dental and vision needs are some of the most expensive out-of-pocket
expenses. We will now have it available for Federal employees in the
executive branch, as well as the legislative branch; this is a very
important accomplishment of the Committee on Government Reform.
Mr. Speaker, I rise in strong support of H.R. 5295, the Federal
Employees Dental and Vision Benefits Enhancement Act of 2004 and am
proud to be a co-sponsor of this bill. As ranking member of the
Legislative Branch Appropriations Subcommittee, I was pleased to
initiate efforts to establish a similar benefit for Members and
congressional staff with House passage of the Fiscal 2005 Legislative
Branch Appropriations Act (H.R. 4755). Combined, these two initiatives
represent one of the most significant changes to health benefits under
the Federal Employee Health Benefits Plan in recent years.
The Federal Employees Dental and Vision Benefits Enhancement Act
would establish a voluntary program under which Federal employees,
retirees and annuitants may purchase supplemental dental and vision
coverage. The legislation grants the Office of Personnel Management
(OPM) the authority to select the appropriate combination of nationwide
and regional companies and a variety of benefit packages to meet the
diverse needs of our Federal employee, retiree, and annuitant
population.
Greater access to dental and vision care is an area where major
improvement is needed and should be an essential component to any
comprehensive health care strategy. Many Federal employees whom I hear
from tell me that their greatest health care expenditures go towards
dental and vision care. Federal employees need and deserve increased
access to dental and vision benefits.
FEHBP has long been regarded as a model health care program. I am
confident that with the addition of a supplementary dental and vision
coverage program, the Federal government will set an example for other
employers to expand their health care offerings to include dental and
vision coverage for their employees. Additionally, I believe this new
benefit will serve as a recruitment tool for the Federal government in
attracting and keeping the best and the brightest in the government.
Mr. Speaker, I thank Chairman Davis on the Government Reform
Committee for moving this important legislation, and I strongly support
its adoption.
Mr. DAVIS of Illinois. Mr. Speaker, I yield back the balance of my
time.
Mr. MURPHY. Mr. Speaker, too often, basic health insurance coverage
offered to federal

[[Page H10914]]

employees does not adequately cover the cost of dental and vision care,
yet regular visits to the eye doctor and the dentist are just as
important for maintaining overall health as annual visits to the M.D.
That is why Chairman Davis, Rep. JoAnn Davis, Senator Susan Collins,
myself and others have made the addition of supplemental dental and
vision benefits to the Federal Employee Health Benefits Program a
priority.
According to testimony we heard last year in the Government Reform
Committee, while 56 percent of Americans have dental coverage, of 150
FEHBP plans studied, only one provided dental coverage for children and
only 14 provided orthodontic coverage. Unfortunately, there are not a
lot of options for federal employees when it comes to vision insurance
either. The FEHBP is often cited as a leader and a model for health
care plans across the Nation. It is unacceptable that federal employees
and their families are denied quality coverage for dental and vision
services.
The Federal Employees Dental and Vision Benefits Enhancement Act of
2004 seeks to address this situation by leveraging the purchasing power
of the federal government to obtain supplemental dental and vision
benefits for federal employees. This much-needed legislation is
patterned after the successful long-term care benefits program we
already offer federal employees and will provide tangible relief to
millions of federal employees and their families.
The new benefits would be offered separately from existing health
care plans and would be available strictly on a voluntary basis. Since
federal employees opting to take advantage of these benefits would pay
100 percent of the premiums, we can offer these policies at very little
cost to the federal government. This legislation is a win-win for all
parties involved.
Recently, I chaired a subcommittee hearing on steps the federal
government can take to lead the way in reducing health care costs by
taking advantage of our missive purchasing power, investing in new
health care technologies and promoting good health through preventative
care. This legislation is a step in that direction. The federal
government must lead by example when it comes to health care and I ask
my colleagues to support that effort by voting in favor of this bill.

{time} 1515

Mr. TOM DAVIS of Virginia. Mr. Speaker, I urge support for the bill,
S. 2657.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Simpson). The question is on the motion
offered by the gentleman from Virginia (Mr. Tom Davis) that the House
suspend the rules and pass the Senate bill, S. 2657.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.

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