118 STAT. 4005 PUBLIC LAW 108–496—DEC. 23, 2004 ‘‘(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. ‘‘§ 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 bene- fits, insurance, plans, or contracts. ‘‘§ 8960. 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 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. ‘‘§ 8961. 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 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. Records. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00539 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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