118 STAT. 4010 PUBLIC LAW 108–496—DEC. 23, 2004 anticipated expenses of the Office in administering this chapter during such year are defrayed. ‘‘§ 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. ‘‘§ 8990. Studies, reports, and audits ‘‘(a) Each contract shall contain provisions requiring the quali- fied company to— ‘‘(1) furnish such reasonable reports as the Office deter- mines to be necessary to enable it to carry out its functions under this chapter; and ‘‘(2) permit the Office and representatives of the Govern- ment Accountability Office to examine such records of the quali- fied 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. ‘‘§ 8991. Jurisdiction of courts ‘‘The district courts of the United States have original jurisdic- tion, 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 sec- tion 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. ‘‘§ 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 con- sultation 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 disadvan- tages 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’’. Regulations. Records. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00544 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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