[Congressional Record (Bound Edition), Volume 150 (2004), Part 19]
[Senate]
[Pages 25218-25222]
[From the U.S. Government Publishing Office, www.gpo.gov]




  FEDERAL EMPLOYEE DENTAL AND VISION BENEFITS ENHANCEMENT ACT OF 2004

  Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 783, S. 2657.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:


[[Page 25219]]

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the amendment 
at the desk be agreed to, the bill, as amended, be read a third time 
and passed, the motions to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4075) was agreed to, as follows:

                           AMENDMENT NO. 4075

         (Purpose: To make technical and conforming amendments)

       On page 3, line 10, insert ``or an employee organization 
     defined under section 8901(8)'' after ``companies)''.
       On page 8, line 9, insert ``area'' after ``delivery''.
       On page 12, line 15, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 13, line 1, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 15, line 4, insert ``or an employee organization 
     defined under section 8901(8)'' after ``companies)''.
       On page 19, line 20, ``area'' after ``delivery''.
       On page 23, line 25, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 24, line 11, strike ``General Accounting Office'' 
     and insert ``Government Accountability Office''.
       On page 25, line 18, strike all through page 26, line 19.
       On page 26, line 20, strike ``sec. 7.'' and insert ``sec. 
     6.''.
       On page 27, line 7, strike ``sec. 8.'' and insert ``sec. 
     7.''.

  The bill (S. 2657), as amended, was read the third time and passed, 
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

[[Page 25220]]

     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.
       ``(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

[[Page 25221]]

     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 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.

[[Page 25222]]



     ``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.

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