[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

       ``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.

     ``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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