Page:United States Statutes at Large Volume 112 Part 3.djvu/536

 112 STAT. 2366 PUBLIC LAW 105-266—OCT. 19, 1998 5 USC 8902a note. Applicability. setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion."; and (8>in subsection (i) (as so redesignated by paragraph (3))— / (A) by striking "subsection (c)" and inserting "sub- / Section (d)"; and (B) by adding at the end the following: "The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.". (b) EFFECTIVE DATE. — (1) IN GENERAL. —Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) EXCEPTIONS.—(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act. (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(b) of such title for items or services furnished after the date of the enactment of this Act. (C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act. SEC. 3. MISCELLANEOUS AMENDMENTS RELATING TO THE HEALTH BENEFITS PROGRAM FOR FEDERAL EMPLOYEES. (a) DEFINITION OF A CARRIER. —Paragraph (7) of section 8901 of title 5, United States Code, is amended by striking "organization;" and inserting "organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;". (b) SERVICE BENEFIT PLAN.— Paragraph (1) of section 8903 of title 5, United States Code, is amended by striking "plan," and inserting "plan, which may be underwritten by participating affiliates licensed in any number of States,". (c) PREEMPTION.— Section 8902(m) of title 5, United States Code, is amended by striking "(m)(l)" and all that follows through the end of paragraph (1) and inserting the following: "(m)(l) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including pa3nnents with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.".

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