[Congressional Record (Bound Edition), Volume 150 (2004), Part 16]
[House]
[Pages 22774-22779]
[From the U.S. Government Publishing Office, www.gpo.gov]




  FEDERAL EMPLOYEES DENTAL AND VISION BENEFITS ENHANCEMENT ACT OF 2004

  Mr. MURPHY. Mr. Speaker, I ask unanimous consent that the Committee 
on Government Reform be discharged from further consideration of the 
bill (H.R. 5295) 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, and ask for 
its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?

[[Page 22775]]

  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5295

       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 Dental and 
     Vision Benefits Enhancement Act of 2004''.

     SEC. 2. ENHANCED DENTAL BENEFITS.

       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.
``8921. Definitions.
``8922. Availability of dental benefits.
``8923. Contracting authority.
``8924. Benefits.
``8925. Information to individuals eligible to enroll.
``8926. Election of coverage.
``8927. Coverage of restored survivor or disability annuitants.
``8928. Premiums.
``8929. Preemption.
``8930. Studies, reports, and audits.
``8931. Jurisdiction of courts.
``8932. Administrative functions.

     ``Sec. 8921. Definitions

       ``In this chapter:
       ``(1) The term `employee' means an employee, as defined by 
     section 8901(1).
       ``(2) The terms `annuitant', `member of family', and 
     `dependent' have the meanings given such terms by 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) 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. 8922. 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. 8923. 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 8924, 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. 8924. 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 specified by the Office. The Office shall require 
     qualified companies to include underserved areas (with 
     respect to dental services) 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. 8925. 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. 8926. Election of coverage

       ``(a) An eligible individual may enroll in a dental 
     benefits plan for self-only, self plus one, or for self and 
     family. If an eligible individual has a spouse who is also 
     eligible to enroll, either spouse, but not both, may enroll 
     for self plus one or self and family. An individual may not 
     be enrolled both as an employee, annuitant, or other 
     individual eligible to enroll and as a member of the family.
       ``(b) The Office shall prescribe regulations under which--
       ``(1) an eligible individual may enroll in a dental 
     benefits plan; and
       ``(2) an enrolled individual may change the self-only, self 
     plus one, or self and family coverage of that individual.
       ``(c)(1) Regulations under subsection (b) shall permit an 
     eligible individual to cancel or transfer the enrollment of 
     that individual to another dental benefits plan--
       ``(A) before the start of any contract term in which there 
     is a change in rates charged or benefits provided, in which a 
     new plan is offered, or in which an existing plan is 
     terminated; or
       ``(B) during other times and under other circumstances 
     specified by the Office.
       ``(2) A transfer under paragraph (1) shall be subject to 
     waiting periods provided under a new plan.

[[Page 22776]]



     ``Sec. 8927. Coverage of restored survivor or disability 
       annuitants

       ``A surviving spouse, disability annuitant, or surviving 
     child whose annuity is terminated and later restored may 
     continue enrollment in a dental benefits plan, subject to the 
     terms and conditions prescribed in regulations issued by the 
     Office.

     ``Sec. 8928. 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; and
       ``(2) in the case of an annuitant, be withheld from the 
     annuity of such an annuitant.
       ``(d) All amounts withheld under this section shall be paid 
     directly to the qualified company.
       ``(e) Each participating qualified company shall maintain 
     accounting records that contain such information and reports 
     as the Office may require.
       ``(f)(1) The Employees 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. 8929. 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. 8930. Studies, reports, and audits

       ``(a) Each contract shall contain provisions requiring the 
     qualified company--
       ``(1) to furnish such reasonable reports as the Office 
     determines to be necessary to enable it to carry out its 
     functions under this chapter; and
       ``(2) to permit the Office and representatives of the 
     Government Accountability Office to examine such records of 
     the qualified company as may be necessary to carry out the 
     purposes of this chapter.
       ``(b) Each Government agency shall keep such records, make 
     such certifications, and furnish the Office, the qualified 
     company, or both, with such information and reports as the 
     Office may require.
       ``(c) The Office shall conduct periodic reviews of plans 
     under this chapter, including a comparison of the 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. 8931. 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 8923(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. 8932. 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.

       Subpart G of part III of title 5, United States Code, is 
     amended by inserting after chapter 89A (as added by section 
     2) the following:

                ``CHAPTER 89B--ENHANCED VISION BENEFITS

``Sec.
``8941. Definitions.
``8942. Availability of vision benefits.
``8943. Contracting authority.
``8944. Benefits.
``8945. Information to individuals eligible to enroll.
``8946. Election of coverage.
``8947. Coverage of restored survivor or disability annuitants.
``8948. Premiums.
``8949. Preemption.
``8950. Studies, reports, and audits.
``8951. Jurisdiction of courts.
``8952. Administrative functions.

     ``Sec. 8941. Definitions

       ``In this chapter:
       ``(1) The term `employee' means an employee, as defined by 
     section 8901(1).
       ``(2) The terms `annuitant', `member of family', and 
     `dependent' have the meanings given such terms by 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) 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. 8942. 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. 8943. 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 8944, 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

[[Page 22777]]

     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. 8944. Benefits

       ``(a) The Office may prescribe reasonable minimum standards 
     for enhanced vision benefits plans offered under this chapter 
     and for qualified companies offering the plans.
       ``(b) Each contract may include more than 1 level of 
     benefits that shall be made available to all eligible 
     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 specified by the Office. The Office shall require 
     qualified companies to include underserved areas (with 
     respect to vision services) in their service delivery areas.
       ``(e) If an individual has vision coverage under a health 
     benefits plan under chapter 89 and also has coverage under a 
     plan under this chapter, the health benefits plan under 
     chapter 89 shall be the first payor of any benefit payments.

     ``Sec. 8945. Information to individuals eligible to enroll

       ``(a) The qualified companies, at the direction and with 
     the approval of the Office, shall make available to each 
     individual eligible to enroll in a vision benefits plan 
     information on services and benefits (including 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. 8946. 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. 8947. Coverage of restored survivor or disability 
       annuitants

       ``A surviving spouse, disability annuitant, or surviving 
     child whose annuity is terminated and later restored may 
     continue enrollment in a vision benefits plan, subject to the 
     terms and conditions prescribed in regulations issued by the 
     Office.

     ``Sec. 8948. Premiums

       ``(a) Each eligible individual obtaining supplemental 
     vision coverage under this chapter shall be responsible for 
     100 percent of the premiums for such coverage.
       ``(b) The Office shall prescribe regulations specifying the 
     terms and conditions under which individuals are 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; and
       ``(2) in the case of an annuitant, be withheld from the 
     annuity of such an annuitant.
       ``(d) All amounts withheld under this section shall be paid 
     directly to the qualified company.
       ``(e) Each participating qualified company shall maintain 
     accounting records that contain such information and reports 
     as the Office may require.
       ``(f)(1) The Employees 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. 8949. 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. 8950. Studies, reports, and audits

       ``(a) Each contract shall contain provisions requiring the 
     qualified company--
       ``(1) to furnish such reasonable reports as the Office 
     determines to be necessary to enable it to carry out its 
     functions under this chapter; and
       ``(2) to permit the Office and representatives of the 
     Government Accountability Office to examine such records of 
     the qualified company as may be necessary to carry out the 
     purposes of this chapter.
       ``(b) Each Government agency shall keep such records, make 
     such certifications, and furnish the Office, the qualified 
     company, or both, with such information and reports as the 
     Office may require.
       ``(c) The Office shall conduct periodic reviews of plans 
     under this chapter, including a comparison of the vision 
     benefits available under chapter 89, to ensure the 
     competitiveness of plans under this chapter. The Office shall 
     cooperate with the Government Accountability Office to 
     provide periodic evaluations of the program.

     ``Sec. 8951. 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 8943(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. 8952. Administrative functions

       ``(a) The Office shall prescribe regulations to carry out 
     this chapter. The regulations may exclude an employee on the 
     basis of the nature and type of employment or 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....................................8921
``89B. Enhanced Vision Benefits.................................8941''.

     SEC. 5. APPLICATION TO POSTAL SERVICE EMPLOYEES.

       Section 1005(f) of title 39, United States Code, is amended 
     in the second sentence by striking ``chapters 87 and 89'' and 
     inserting ``chapters 87, 89, 89A, and 89B''.

     SEC. 6. SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) oral and vision health and general health and well-
     being are inseparable, and access to dental and vision 
     services is an essential factor in maintaining good health;
       (2) Federal employees and their families deserve and desire 
     additional coverage options and place value on maintaining 
     good oral and vision health; and
       (3) it is in the interest of the Federal Government to 
     remain competitive in attracting and retaining highly skilled 
     employees and taking reasonable steps to ensure the health 
     and well-being of its employees.
       (b) Sense of Congress.--It is the sense of Congress that 
     health insurance benefits available to Federal employees 
     should be sufficient to promote the health and productivity 
     of all Federal workers and to support the recruitment and 
     retention of a highly qualified workforce. To help achieve 
     these goals, Congress should evaluate the supplemental plans 
     established under the this Act to determine the options for 
     and feasibility of providing an employer contribution.

[[Page 22778]]



     SEC. 7. 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. 8. HEARING BENEFITS REPORTING REQUIREMENT.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall submit to Congress a report describing and evaluating 
     options whereby additional hearing benefits could be made 
     available to--
       (1) Federal employees and annuitants;
       (2) qualified relatives of Federal employees and 
     annuitants; and
       (3) other appropriate classes of individuals.
       (b) Required Content.--The report shall include--
       (1) a description of the hearing benefits currently 
     available under the Federal employees health benefits 
     program;
       (2) a description of any hearing plans currently offered by 
     carriers participating in the Federal employees health 
     benefits program;
       (3) a description of specific hearing benefits that could 
     be offered in addition to those described in paragraphs (1) 
     and (2), including any maximums, limitations, exclusions, and 
     definitions that might be relevant;
       (4) a description of the specific classes of individuals 
     (as referred to generally in paragraphs (1) through (3) of 
     subsection (a)) to whom those additional benefits should be 
     made available, including any definitions and other terms or 
     conditions that might be relevant;
       (5) a description and assessment of the various contracting 
     arrangements by which the Government could make those 
     additional benefits available, including whether such 
     benefits should be contracted for on a regional or national 
     basis;
       (6) the estimated cost of those additional benefits, 
     including an analysis relating to whether any regular 
     Government contributions or allocation for start-up costs 
     might be necessary or appropriate;
       (7) a description of how those additional benefits could be 
     made available through--
       (A) the Federal employees health benefits program;
       (B) one or more plans outside the Federal employees health 
     benefits program, including supplemental plans referred to in 
     paragraph (2);
       (C) the program described in subparagraph (A) in 
     combination with one or more of the plans described in 
     subparagraph (B); and
       (D) any other hearing coverage delivery method;
       (8) an analysis of the advantages and disadvantages 
     associated with the alternatives described under paragraph 
     (7), including--
       (A) the relative cost effectiveness and efficiency of each;
       (B) the likely impact of each alternative on the overall 
     attractiveness of the Federal employees health benefits 
     program to individuals eligible to enroll, particularly 
     Federal employees and annuitants; and
       (C) the extent to which each alternative might affect the 
     relative competitiveness of the various carriers and plans 
     currently participating in the Federal employees health 
     benefits program (including as a provider of supplemental 
     benefits);
       (9) a recommendation from the Office as to its preferred 
     method or methods for providing those additional benefits; 
     and
       (10) any proposed legislation or other measures the Office 
     considers necessary in order to implement any of the 
     foregoing.

     SEC. 9. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on the 
     date of enactment of this Act and shall apply to contracts 
     that take effect in any year beginning after December 31, 
     2005.

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise in strong support of 
H.R. 5295.
  Earlier this year, the House passed H.R. 3751, legislation authored 
by Representative Jo Ann Davis, instructing the Office of Personnel 
Management (OPM) to conduct a study to determine how best to include 
dental vision and hearing benefits in the Federal Employees Health 
Benefits Program, the FEHBP. The bill now before us takes an important 
step forward in this effort to establish a voluntary program under 
which federal employees and annuitants may purchase dental and vision 
insurance as part of the FEHBP.
  It was expertly crafted by the Senator from Maine, Ms. Collins, and 
follows the design of the current Long-Term Care Insurance Program. In 
addition, this legislation also includes an important provision from 
H.R. 3751. This provision, offered by Ranking Member of the Civil 
Service Subcommittee, Mr. Davis, retains the direction to OPM to 
conduct a study on how best to provide hearing benefits in the FEHBP.
  The 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 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 healthcare 
coverage unless we continue to explore avenues to enhance the care and 
choice provided.
  Minimal dental and vision benefits are available in the FEHBP because 
over 15 years ago, OPM stopped allowing plans to add new dental and 
vision packages or to increase packages they already had in place. The 
fact is that the FEHBP has not kept pace in these areas, as an 
overwhelming majority of private-sector plans provide dental and vision 
coverage. In addition, there has been a groundswell among federal 
employees and annuitants through numerous surveys and focus groups on 
this issue--more than any other benefit, they want better coverage for 
dental and vision care. That will change with the passage of this 
important legislation.
  I commend the sponsor of this legislation, Mr. Murphy, for his 
dedication on issues important to our Nation's civil servants. I look 
forward to working with him and all members as we provide 
comprehensive, high-quality, affordable healthcare through the FEHBP, 
and serve as a model for improving the performance of the U.S. health 
system as a whole.
  Mr. MORAN of Virginia. 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 Employees 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 strongly support 
its adoption.
  Mr. WOLF. Mr. Speaker, I rise today as a co-sponsor and in strong 
support for this legislation offered by Representative Murphy. I have 
often heard from my constitutents who are federal employees that while 
they are pleased with their health benefits, they are frustrated that 
coverage for dental and vision are lacking.
  This legislation would change this, by making dental and vision 
benefits available to federal employees. It is necessary to make sure

[[Page 22779]]

that our federal employees have access to these two vital benefits.
  Dental and vision related expenses can be very costly. Today we have 
the chance to help our federal employees, who serve their nation 
everyday, manage these expenses.
  Additionally, this bill would require the Office of Personnel 
Management to report to Congress about making benefits available for 
hearing aids and services.
  In order to recruit and retain federal employees, it is necessary to 
provide them with a first class health care system. Many health plans 
for employees in the private sector include dental, vision, and hearing 
coverage. This bill will help federal employees enjoy a health care 
system that is on par with the private sector.
  This bill is important to improve and expand the current health care 
available to federal employees, and will send an important signal that 
Congress and the American people continue to value the hard work and 
the health of those serving our government.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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