Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Healthy Kids for Healthy Futures Act of
2009''.

SEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.

    (a) Amendments of ERISA.--
            (1) In general.--Subpart B of part 7 of title I of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
        et seq.) is amended by adding at the end the following:

``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.

    ``(a) In General.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, shall provide coverage for appropriate preventive care for
each qualified dependent child of the participant.
    ``(b) Appropriate Preventive Care.--For purposes of this section,
the term `appropriate preventive care' means medical care which, under
regulations prescribed by the Secretary of Health and Human Services,
in consultation with the Secretary and the Secretary of the Treasury,
meets the most recent Bright Futures Guidelines for Health Supervision
of Infants, Children, and Adolescents.
    ``(c) Qualified Dependent Child.--For purposes of this section, the
term `qualified dependent child' means a child of the participant who--
            ``(1) is not more than 18 years of age, and
            ``(2) is a dependent child, under the terms of the plan or
        coverage, of the participant.
    ``(d) Cost-Sharing Prohibited.--A group health plan and health
insurance coverage provided in connection with a group health plan may
not impose deductibles, copayments, coinsurance, or other cost-sharing
in relation to services provided pursuant to the requirements of
subsection (a).
    ``(e) Certain Coverage Restrictions Prohibited.--A group health
plan, and a health insurance issuer providing coverage in connection
with a group health plan, may not--
            ``(1) deny to a participant or beneficiary eligibility, or
        continued eligibility, to enroll or to renew coverage under the
        terms of the plan solely for the purpose of avoiding the
        requirements of this section, or
            ``(2) penalize, or otherwise reduce or limit the
        reimbursement of, an attending provider, or provide incentives
        (monetary or otherwise) to an attending provider, so as to
        induce the provider to provide care to a beneficiary in a
        manner inconsistent with this section.
    ``(f) Allowance for Level or Type of Provider Reimbursement.--
Nothing in this section shall be construed to prevent a group health
plan or a health insurance issuer providing health insurance coverage
in connection with a group health plan from negotiating the level and
type of reimbursement with a provider for care provided in accordance
with this section.
    ``(g) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall provide notice to each participant and beneficiary under
such plan regarding the coverage required by this section in accordance
with regulations which shall be promulgated by the Secretary, in
consultation with the Secretary of Health and Human Services and the
Secretary of the Treasury. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed to participants and beneficiaries by the plan
or issuer on an annual or other more frequent periodic basis.
    ``(h) Relation to State Laws.--Nothing in this section shall be
construed to preempt or otherwise limit any State law with respect to
health insurance coverage that requires more extensive coverage than is
otherwise required under this section.''.
            (2) Conforming amendment.--The table of contents in section
        1 of such Act is amended by inserting after the item relating
        to section 713 the following new item:

``Sec. 714. Coverage of preventive care for children.''.
    (b) Amendments to the Public Health Service Act.--
            (1) Group markets.--Subpart 2 of part A of title XXVII of
        the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
        amended by adding at the end the following new section:

``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.

    ``(a) In General.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, shall provide coverage for appropriate preventive care for
each qualified dependent child of the participant.
    ``(b) Appropriate Preventive Care.--For purposes of this section,
the term `appropriate preventive care' means medical care which, under
regulations prescribed by the Secretary, in consultation with the
Secretary of Labor and the Secretary of the Treasury, meets the most
recent Bright Futures Guidelines for Health Supervision of Infants,
Children, and Adolescents.
    ``(c) Qualified Dependent Child.--For purposes of this section, the
term `qualified dependent child' means a child of the participant who--
            ``(1) is not more than 18 years of age, and
            ``(2) is a dependent child, under the terms of the plan or
        coverage, of the participant.
    ``(d) Cost-Sharing Prohibited.--A group health plan and health
insurance coverage provided in connection with a group health plan may
not impose deductibles, copayments, coinsurance, or other cost-sharing
in relation to services provided pursuant to the requirements of
subsection (a).
    ``(e) Certain Coverage Restrictions Prohibited.--A group health
plan, and a health insurance issuer providing coverage in connection
with a group health plan, may not--
            ``(1) deny to a participant or beneficiary eligibility, or
        continued eligibility, to enroll or to renew coverage under the
        terms of the plan solely for the purpose of avoiding the
        requirements of this section, or
            ``(2) penalize, or otherwise reduce or limit the
        reimbursement of, an attending provider, or provide incentives
        (monetary or otherwise) to an attending provider, so as to
        induce the provider to provide care to a beneficiary in a
        manner inconsistent with this section.
    ``(f) Allowance for Level or Type of Provider Reimbursement.--
Nothing in this section shall be construed to prevent a group health
plan or a health insurance issuer providing health insurance coverage
in connection with a group health plan from negotiating the level and
type of reimbursement with a provider for care provided in accordance
with this section.
    ``(g) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall provide notice to each participant and beneficiary under
such plan regarding the coverage required by this section in accordance
with regulations which shall be promulgated by the Secretary of Labor,
in consultation with the Secretary and the Secretary of the Treasury.
Such notice shall be in writing and prominently positioned in any
literature or correspondence made available or distributed to
participants and beneficiaries by the plan or issuer on an annual or
other more frequent periodic basis.
    ``(h) Relation to State Laws.--Nothing in this section shall be
construed to preempt or otherwise limit any State law with respect to
health insurance coverage that requires more extensive coverage than is
otherwise required under this section.''.
            (2) Individual market.--Subpart 3 of part B of title XXVII
        of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding
        at the end the following new section:

``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.

    ``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
    (c) Amendments to the Internal Revenue Code.--
            (1) In general.--Subchapter B of chapter 100 of the
        Internal Revenue Code of 1986 (relating to other group health
        plan requirements) is amended by inserting after section 9812
        the following new section:

``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN.

    ``(a) In General.--A group health plan shall provide coverage for
appropriate preventive care for each qualified dependent child of the
participant.
    ``(b) Appropriate Preventive Care.--For purposes of this section,
the term `appropriate preventive care' means medical care which, under
regulations prescribed by the Secretary of Health and Human Services in
consultation with the Secretary and the Secretary of Labor, meets the
most recent Bright Futures Guidelines for Health Supervision of
Infants, Children, and Adolescents.
    ``(c) Qualified Dependent Child.--For purposes of this section, the
term `qualified dependent child' means a child of the participant who--
            ``(1) is not more than 18 years of age, and
            ``(2) is a dependent child, under the terms of the plan or
        coverage, of the participant.
    ``(d) Cost-Sharing Prohibited.--A group health plan may not impose
deductibles, copayments, coinsurance, or other cost-sharing in relation
to services provided pursuant to the requirements of subsection (a).
    ``(e) Certain Coverage Restrictions Prohibited.--A group health
plan may not--
            ``(1) deny to a participant or beneficiary eligibility, or
        continued eligibility, to enroll or to renew coverage under the
        terms of the plan solely for the purpose of avoiding the
        requirements of this section, or
            ``(2) penalize, or otherwise reduce or limit the
        reimbursement of, an attending provider, or provide incentives
        (monetary or otherwise) to an attending provider, so as to
        induce the provider to provide care to a beneficiary in a
        manner inconsistent with this section.
    ``(f) Allowance for Level or Type of Provider Reimbursement.--
Nothing in this section shall be construed to prevent a group health
plan or a health insurance issuer providing health insurance coverage
in connection with a group health plan from negotiating the level and
type of reimbursement with a provider for care provided in accordance
with this section.
    ``(g) Notice.--A group health plan shall provide notice to each
participant and beneficiary under such plan regarding the coverage
required by this section in accordance with regulations which shall be
promulgated by the Secretary of Labor, in consultation with the
Secretary and the Secretary of Health and Human Services. Such notice
shall be in writing and prominently positioned in any literature or
correspondence made available or distributed to participants and
beneficiaries by the plan or issuer on an annual or other more frequent
periodic basis.
    ``(h) Relation to State Laws.--Nothing in this section shall be
construed to preempt or otherwise limit any State law with respect to
health insurance coverage that requires more extensive coverage than is
otherwise required under this section.''.
            (2) Conforming amendment.--The table of sections for
        subchapter B of chapter 100 of such Code is amended by
        inserting after the item relating to section 9812 the following
        new item:

``Sec. 9813. Coverage of preventive care for children.''.
    (d) Effective Date.--The amendments made by this Act shall apply
with respect to plan years beginning on or after January 1, 2010.
    (e) Initial Notice.--Each group health plan and health insurance
issuer to which the notice requirements of section 714(g) of the
Employee Retirement Income Security Act of 1974, section 2707(g) of the
Public Health Service Act, or section 9813(g) of the Internal Revenue
Code of 1986 apply shall be deemed not in compliance with such
requirements with respect to the first plan year beginning on or after
January 1, 2010, unless, not later than January 1, 2010, the plan or
issuer includes the information described in such section in a notice
which is provided to each participant and beneficiary in writing.

SEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS
              ACCOUNTS.

    (a) In General.--Paragraph (2) of section 223(c) of the Internal
Revenue Code of 1986 (defining high deductible health plan) is amended
by adding at the end the following new subparagraph:
                    ``(E) Special rule for preventative care for
                children.--
                            ``(i) In general.--A plan shall not be
                        treated as a high deductible health plan unless
                        such plan meets the requirements of section
                        9813 (relating to coverage of preventative care
                        for children).
                            ``(ii) Plan treated as group health plan.--
                        For purposes of clause (i), the plan shall be
                        treated as a group health plan.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.

Output:
Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines "appropriate preventive care" to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services.

Prohibits a group health plan from taking specified actions to avoid the requirements of this Act.

Applies the provisions of this Act to individual health insurance coverage.

Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2015''.

SEC. 2. ALLOCATIONS.

    (a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
    (b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``For each'' and all that
                        follows through ``the balance'' and inserting
                        ``For each fiscal year through fiscal year
                        2020, the balance''; and
                            (ii) by striking ``multistate conservation
                        grants under section 14'' and inserting
                        ``activities under section 14(e)'';
                    (B) in paragraph (1) by striking ``18.5'' percent
                and inserting ``18.673 percent'';
                    (C) in paragraph (2) by striking ``18.5 percent''
                and inserting ``17.315 percent'';
                    (D) by striking paragraphs (3) and (4);
                    (E) by redesignating paragraph (5) as paragraph
                (4); and
                    (F) by inserting after paragraph (2) the following:
            ``(3) Boating infrastructure improvement.--
                    ``(A) In general.--An amount equal to 4 percent to
                the Secretary of the Interior for qualified projects
                under section 5604(c) of the Clean Vessel Act of 1992
                (33 U.S.C. 1322 note) and section 7404(d) of the
                Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
                777g-1(d)).
                    ``(B) Limitation.--Not more than 75 percent of the
                amount under subparagraph (A) shall be available for
                projects under either of the sections referred to in
                subparagraph (A).'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``for
                        each'' and all that follows through ``the
                        Secretary'' and inserting ``for each fiscal
                        year through fiscal year 2020, the Secretary'';
                        and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i) by striking
                                ``each of fiscal years 2001 and 2002,
                                $9,000,000;'' and inserting ``fiscal
                                year 2016, $11,000,000;'';
                                    (II) in clause (ii) by striking
                                ``2003, $8,212,000; and'' and inserting
                                ``2017, $11,300,000;''; and
                                    (III) by striking clause (iii) and
                                inserting the following:
                            ``(iii) for fiscal year 2018, $11,600,000;
                            ``(iv) for fiscal year 2019, $11,800,000;
                        and
                            ``(v) for fiscal year 2020, $11,900,000.'';
                    (B) by redesignating paragraph (2) as paragraph
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Set-aside for coast guard administration.--
                    ``(A) In general.--From the annual appropriation
                made in accordance with section 3, for each of fiscal
                years 2016 through 2020, the Secretary of the
                department in which the Coast Guard is operating may
                use no more than the amount specified in subparagraph
                (B) for the fiscal year for the purposes set forth in
                section 13107(c) of title 46, United States Code. The
                amount specified in subparagraph (B) for a fiscal year
                may not be included in the amount of the annual
                appropriation distributed under subsection (a) for the
                fiscal year.
                    ``(B) Available amounts.--The available amount
                referred to in subparagraph (A) is--
                            ``(i) for fiscal year 2016, $7,800,000;
                            ``(ii) for fiscal year 2017, $7,900,000;
                            ``(iii) for fiscal year 2018, $8,000,000;
                            ``(iv) for fiscal year 2019, $8,100,000;
                        and
                            ``(v) for fiscal year 2020, $8,200,000.'';
                        and
                    (D) in paragraph (3), as so redesignated--
                            (i) in subparagraph (A) by striking ``until
                        the end of the fiscal year.'' and inserting
                        ``until the end of the subsequent fiscal
                        year.''; and
                            (ii) in subparagraph (B) by striking
                        ``under subsection (e)'' and inserting ``under
                        subsection (c)'';
            (3) in subsection (c)--
                    (A) by striking ``(c) The Secretary'' and inserting
                ``(c)(1) The Secretary,'';
                    (B) by striking ``grants under section 14 of this
                title'' and inserting ``activities under section
                14(e)'';
                    (C) by striking ``57 percent'' and inserting
                ``58.012 percent''; and
                    (D) by adding at the end the following:
    ``(2) The Secretary shall deduct from the amount to be apportioned
under paragraph (1) the amounts used for grants under section 14(a).'';
and
            (4) in subsection (e)(1) by striking ``those subsections,''
        and inserting ``those paragraphs,''.
    (c) Submission and Approval of Plans and Projects.--Section 6(d) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is
amended by striking ``for appropriations'' and inserting ``from
appropriations''.
    (d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is
amended by striking ``57 percent'' and inserting ``58.012 percent''.
    (e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended--
            (1) by striking ``57 percent'' and inserting ``58.012
        percent''; and
            (2) by striking ``under section 4(b)'' and inserting
        ``under section 4(c)''.
    (f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m) is amended--
            (1) in subsection (a)(1) by striking ``of each annual
        appropriation made in accordance with section 3''; and
            (2) in subsection (e)--
                    (A) in the matter preceding paragraph (1) by
                striking ``Of amounts made available under section 4(b)
                for each fiscal year--'' and inserting ``Not more than
                $1,200,000 of each annual appropriation made in
                accordance with the provisions of section 3 shall be
                distributed to the Secretary of the Interior for use as
                follows:''; and
                    (B) in paragraph (1)(D) by striking ``; and'' and
                inserting a period.
    (g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.) is amended--
            (1) by striking section 15; and
            (2) by redesignating section 16 as section 15.

SEC. 3. RECREATIONAL BOATING SAFETY.

    Section 13107 of title 46, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) Subject to paragraph (2) and
                subsection (c),'' and inserting ``Subject to subsection
                (c),'';
                    (B) by striking ``the sum of (A) the amount made
                available from the Boat Safety Account for that fiscal
                year under section 15 of the Dingell-Johnson Sport Fish
                Restoration Act and (B)''; and
                    (C) by striking paragraph (2); and
            (2) in subsection (c)--
                    (A) by striking the subsection designation and
                paragraph (1) and inserting the following:
    ``(c)(1)(A) The Secretary may use amounts made available each
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the
Coast Guard for investigations, personnel, and activities directly
related to--
            ``(i) administering State recreational boating safety
        programs under this chapter; or
            ``(ii) coordinating or carrying out the national
        recreational boating safety program under this title.
    ``(B) Of the amounts used by the Secretary each fiscal year under
subparagraph (A)--
            ``(i) not less than $2,500,000 is available to ensure
        compliance with chapter 43 of this title; and
            ``(ii) not more than $1,500,000 is available to conduct a
        survey, not more than once every 3 years, of levels of
        recreational boating participation and related matters in the
        United States.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``No funds'' and inserting
                        ``On and after October 1, 2015, no funds''; and
                            (ii) by striking ``traditionally''.

SEC. 4. ANNUAL ASSESSMENT.

    (a) In General.--On the date on which the President submits to
Congress a budget for fiscal year 2017 and for each fiscal year
thereafter, the Director of the United States Fish and Wildlife Service
shall submit to Congress an assessment of the administrative services
provided by such Service under the Dingell-Johnson Sport Fish
Restoration Act to the States and the sportfishing community.
    (b) Contents.--Each assessment under subsection (a) shall include
the following:
            (1) The percentage of grant awards and amendments completed
        within 45 days after receipt of a complete grant application,
        the average number of days to process new grant applications,
        and the average number of days to process grant amendment
        requests.
            (2) Which wildlife and sport fish restoration policies are
        currently being updated, the start time for each update, and
        the anticipated completion time for each update.
            (3) The number of Federal assistance workshops held with
        States and such Service in efforts to communicate fiscal
        policies and procedures to State agencies.
            (4) The average time to respond to requests from States for
        assistance, based on initial notification or assistance
        requests initiated by a State.
            (5) The number of States with unresolved reconciliation of
        land records and the number of corrective action plans with
        open actions.
            (6) The number of employees of such Service with grants
        management training and the number of such employees with
        outstanding training requirements, and the number of State fish
        and wildlife staff who have received training through the
        Wildlife and Sport Fish Restoration Fund Program of such
        Service.
            (7) The number of full-time positions of such Service
        filled and vacant, including the associated position titles and
        paygrades, that contribute to grant processing and related
        grant management in each Service region and at Service
        headquarters.

Output: Sport Fish Restoration and Recreational Boating Safety Act of 2015 This bill amends the Dingell-Johnson Sport Fish Restoration Act to reauthorize through FY2020 appropriations from the Sport Fish Restoration and Boating Trust Fund for various fish, boating, and coastal wetlands restoration programs. The bill also revises amounts allocated from the Fund to various programs, including amounts for programs concerning: (1) coastal wetlands, (2) boating safety, and (3) boating infrastructure. A separate amount is set aside each fiscal year through FY2020 for the Coast Guard's administration of the national recreational boating safety program. When the President submits a budget for FY2017 and each fiscal year thereafter, the U.S. Fish and Wildlife Service must submit an assessment of the administrative services it provides under the Act to states and the sportfishing community.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Officer Daniel Faulkner Children of
Fallen Heroes Scholarship Act of 2010''.

SEC. 2. CALCULATION OF ELIGIBILITY.

    Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm(b)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by
                inserting ``(in the case of a student who meets the
                requirement of subparagraph (B)(i)), or academic year
                2011-2012 (in the case of a student who meets the
                requirement of subparagraph (B)(ii)),'' after
                ``academic year 2009-2010''; and
                    (B) by amending subparagraph (B) to read as
                follows:
                    ``(B) whose parent or guardian was--
                            ``(i) a member of the Armed Forces of the
                        United States and died as a result of
                        performing military service in Iraq or
                        Afghanistan after September 11, 2001; or
                            ``(ii) actively serving as a public safety
                        officer and died in the line of duty while
                        performing as a public safety officer; and'';
            (2) in paragraph (3)--
                    (A) by striking ``Notwithstanding'' and inserting
                the following:
                    ``(A) Armed forces.--Notwithstanding'';
                    (B) by striking ``paragraph (2)'' and inserting
                ``subparagraphs (A), (B)(i), and (C) of paragraph
                (2)''; and
                    (C) by adding at the end the following:
                    ``(B) Public safety officers.--Notwithstanding any
                other provision of law, unless the Secretary
                establishes an alternate method to adjust the expected
                family contribution, for each student who meets the
                requirements of subparagraphs (A), (B)(ii), and (C) of
                paragraph (2), a financial aid administrator shall--
                            ``(i) verify with the student that the
                        student is eligible for the adjustment;
                            ``(ii) adjust the expected family
                        contribution in accordance with this
                        subsection; and
                            ``(iii) notify the Secretary of the
                        adjustment and the student's eligibility for
                        the adjustment.''; and
            (3) by adding at the end the following:
            ``(4) Treatment of pell amount.--Notwithstanding section
        1212 of the Omnibus Crime Control and Safe Streets Act of 1968
        (42 U.S.C. 3796d-1), in the case of a student who receives an
        increased Federal Pell Grant amount under this section, the
        total amount of such Federal Pell Grant, including the increase
        under this subsection, shall not be considered in calculating
        that student's educational assistance benefits under the Public
        Safety Officers' Benefits program under subpart 2 of part L of
        title I of such Act.
            ``(5) Definitions.--For purposes of this subsection:
                    ``(A) Firefighter.--The term `firefighter' means an
                individual who is trained in the suppression of fire or
                hazardous materials response and has the legal
                authority to engage in these duties.
                    ``(B) Law enforcement officer.--The term `law
                enforcement officer' means an individual who--
                            ``(i) is authorized by law to engage in or
                        supervise the prevention, detection,
                        investigation, or prosecution of, or the
                        incarceration of any person for, any violation
                        of law; and
                            ``(ii) has statutory powers of arrest or
                        apprehension.
                    ``(C) Member of a rescue squad or ambulance crew.--
                The term `member of a rescue squad or ambulance crew'
                means an individual who is an officially recognized or
                designated public employee member of a rescue squad or
                ambulance crew.
                    ``(D) Federal or public agency.--The term `Federal
                or public agency' means--
                            ``(i) the United States, any State of the
                        United States, the District of Columbia, the
                        Commonwealth of Puerto Rico, the Virgin Islands
                        of the United States, Guam, American Samoa, the
                        Commonwealth of the Northern Mariana Islands,
                        the Freely Associated States, or any territory
                        or possession of the United States;
                            ``(ii) any unit of local government,
                        department, agency, or instrumentality of any
                        of the entities described in clause (i); or
                            ``(iii) the Amtrak Police department or
                        Federal Reserve Police department.
                    ``(E) Public safety officer.--The term `public
                safety officer' means an individual serving a Federal
                or public agency in an official capacity, with or
                without compensation, as a law enforcement officer, as
                a firefighter, or as a member of a rescue squad or
                ambulance crew.''.

SEC. 3. CALCULATION OF PELL GRANT AMOUNT.

    Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended--
            (1) in subparagraph (A), in the matter preceding clause
        (i), by striking ``The Amount'' and inserting ``Subject to
        subparagraph (C), the amount''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) In the case of a student who meets the
                requirements of subparagraphs (A), (B)(ii), and (C) of
                section 473(b)(2)--
                            ``(i) clause (ii) of subparagraph (A) of
                        this paragraph shall be applied by substituting
                        `from the amounts appropriated in the last
                        enacted appropriation Act applicable to that
                        award year, an amount equal to the amount of
                        the increase calculated under paragraph (8)(B)
                        for that year' for `the amount of the increase
                        calculated under paragraph (8)(B) for that
                        year'; and
                            ``(ii) such student--
                                    ``(I) shall be provided an amount
                                under clause (i) of this subparagraph
                                only to the extent that funds are
                                specifically provided in advance in an
                                appropriation Act to such students for
                                that award year; and
                                    ``(II) shall not be eligible for
                                the amounts made available pursuant to
                                clauses (i) through (iii) of paragraph
                                (8)(A).''.

SEC. 4. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

SEC. 5. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
July 1, 2011.

Output:
Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew.

Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death.

Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted (or eliminated), and of adjusting (or eliminating) it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution.

Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program.

 Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rent-To-Own Consumer Credit
Protection Act of 1993''.

SEC. 2. RENT-TO-OWN PROTECTION ACT.

    The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:

                  ``TITLE X--RENT-TO-OWN TRANSACTIONS

``Sec.
``1001. Short title.
``1002. Findings and purposes.
``1003. Definitions.
``1004. Application of State laws regarding fees, charges, guarantees,
                            and warranties.
``1005. Application of Federal laws.
``1006. Disclosures on goods.
``1007. Prohibitions; enforcement.
``1008. Civil liability.
``1009. Regulations.
``1010. Relationship to other laws.
``Sec. 1001. Short title
    ``This title may be cited as the `Rent-To-Own Consumer Credit
Protection Act'.
``Sec. 1002. Findings and purposes
    ``(a) Findings.--The Congress finds that--
            ``(1) the rent-to-own industry targets its products
        primarily to low-income and minority neighborhoods;
            ``(2) the majority of rent-to-own customers enter into
        rent-to-own contracts with the intention of owning the goods
        for which they are contracting;
            ``(3) rent-to-own dealers often fail to disclose key terms
        of rent-to-own contracts, and engage in unfair debt collection
        practices; and
            ``(4) rent-to-own dealers do not provide customers with the
        protections afforded purchasers in retail installment sales
        under State and Federal laws, and often charge excessive fees
        and interest rates.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to provide consumers in rent-to-own transactions the
        range of protections provided under State and Federal laws to
        individuals who acquire goods in other consumer credit sales;
            ``(2) to require rent-to-own contracts, and tags affixed to
        items available for acquisition in rent-to-own transactions, to
        disclose the material terms of those transactions; and
            ``(3) to prohibit rent-to-own dealers and collection agents
        hired by such dealers from engaging in abusive collection
        practices.
``Sec. 1003. Definitions
    ``As used in this title--
            ``(1) the term `cash price' means--
                    ``(A) with respect to any item of consumer goods--
                            ``(i) the bona fide retail price for the
                        item as offered for sale by a seller to a
                        consumer who pays the full price in one payment
                        before taking possession of the item, as
                        indicated by actual sales of such item; or
                            ``(ii) the average cash retail price of the
                        item or a similar item in the community; and
                    ``(B) with respect to a service--
                            ``(i) the bona fide retail value of the
                        service if provided independently to a
                        consumer; or
                            ``(ii) the estimated bona fide retail value
                        of the service;
            ``(2) the term `Commission' means the Federal Trade
        Commission;
            ``(3) the term `consumer'--
                    ``(A) when used as an adjective, means for use by
                an individual primarily for personal, family, or
                household purposes; and
                    ``(B) when used as a noun, means an individual who
                is the lessee or bailee under a rent-to-own contract;
            ``(4) the term `credit'--
                    ``(A) includes the right granted by a seller to a
                consumer to obtain possession of an item of consumer
                goods under a rent-to-own contract before payment of
                the total amount that is required to be paid to acquire
                ownership of the item; and
                    ``(B) is deemed to be a fixed sum equal to the
                difference of--
                            ``(i) the total of payments for the item
                        required to obtain ownership of the item under
                        the contract; minus
                            ``(ii) the sum of--
                                    ``(I) the cash price;
                                    ``(II) any fees specifically
                                allowable under State law, except
                                finance charges, interest, or a time
                                price differential; and
                                    ``(III) the termination fee under
                                section 1004;
            ``(5) the term `organization' means a corporation, trust,
        estate, partnership, cooperative, or association;
            ``(6) the term `person' means a natural person or an
        organization;
            ``(7) the term `rent-to-own contract' means a contract in
        the form of a terminable lease or bailment of an item of
        consumer goods, under which--
                    ``(A) the consumer--
                            ``(i) has the right of possession and use
                        of the item; and
                            ``(ii) has the option to renew the contract
                        periodically by making payments specified in
                        the contract; and
                    ``(B) the seller agrees, orally or in writing, to
                transfer ownership of the item to the consumer upon the
                fulfillment of all obligations of the consumer under
                the contract for that transfer;
            ``(8) the term `rent-to-own transaction' means the lease or
        bailment of an item of consumer goods under a rent-to-own
        contract;
            ``(9) the term `seller' means--
                    ``(A) a person--
                            ``(i) who regularly makes consumer goods
                        available under rent-to-own contracts; and
                            ``(ii) to whom payments are payable under
                        those contracts; and
                    ``(B) an assignee of such a person; and
            ``(10) the term `State' means any State, the Commonwealth
        of Puerto Rico, the District of Columbia, and any territory or
        possession of the United States.
``Sec. 1004. Application of State laws regarding fees, charges,
              guarantees, and warranties
    ``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located that--
            ``(1) establish a maximum rate or amount of interest,
        finance charge, or time-price differential that may be charged
        in connection with a credit sale or retail installment sale;
            ``(2) establish the types of fees and the maximum amount of
        fees that a seller may charge in connection with a credit sale
        or retail installment sale; or
            ``(3) establish the types of credit insurance and the
        maximum amount of premiums that may be charged for credit
        insurance in connection with a credit sale or a retail
        installment sale.
    ``(b) Additional Termination Charges and Fees.--
            ``(1) Charges and fees authorized.--In addition to charges
        and fees authorized under subsection (a), a seller in a rent-
        to-own transaction may charge--
                    ``(A) a termination fee in accordance with
                paragraph (2), if in exchange the consumer is given the
                right to terminate the rent-to-own contract for the
                transaction at any time without regard to whether the
                consumer has completed payment of the fee; and
                    ``(B) reasonable fees for recovery of the items
                that are the subject of the contract and that are not
                voluntarily returned to the seller upon the completion
                or termination of the contract.
            ``(2) Termination fee.--A termination fee under paragraph
        (1)(A)--
                    ``(A) shall not exceed 5 percent of the cash price
                disclosed under the contract;
                    ``(B) shall be disclosed in the contract; and
                    ``(C) may be paid at the time the contract is
                entered into or over the life of the contract; and
                    ``(D) shall be calculated as part of the finance
                charge determined under section 106 of the Truth in
                Lending Act.
            ``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
        shall be disclosed in the contract.
            ``(4) Effect of termination.--The termination of a rent-to-
        own contract by a consumer in accordance with a right of
        termination given to the consumer in exchange for a termination
        fee under subsection (a)(1) shall be deemed to satisfy the
        consumer's obligations for all payments and fees due under the
        contract, except for payments and fees under the contract that
        were due prior to the date of termination.
    ``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale shall
apply to goods that are the subject of a rent-to-own transaction in the
State.
``Sec. 1005. Application of Federal laws
    ``The following Federal laws apply to a rent-to-own transaction, as
follows:
            ``(1) Truth in lending act.--The Truth in Lending Act
        applies as it applies to consumer credit transactions other
        than consumer credit transactions under an open end credit
        plan.
            ``(2) Equal credit opportunity act.--The Equal Credit
        Opportunity Act applies as it applies to credit transactions.
        For purposes of this application--
                    ``(A) a consumer shall be treated as an applicant;
                and
                    ``(B) a seller shall be treated as a creditor.
            ``(3) Fair debt collection practices act.--The Fair Debt
        Collection Practices Act applies to the collection of overdue
        payments arising from a rent-to-own transaction, unless the
        payments are collected by any person specified in subparagraphs
        (A) through (F) of section 803(6) of such Act. For purposes of
        this application, overdue payments shall be treated as debt.
            ``(4) Fair credit reporting act.--The Fair Credit Reporting
        Act applies as it applies to a credit transaction and to any
        extension or denial of credit.
``Sec. 1006. Disclosures on goods
    ``A seller shall include on each item in the place of business of
the seller that is available for purchase pursuant to a rent-to-own
transaction--
            ``(1) the cash price of the item;
            ``(2) an itemization of services offered under a rent-to-
        own contract for the item, and the cash price of each service;
            ``(3) the annual percentage rate of the item under a rent-
        to-own contract, determined under section 107 of the Truth in
        Lending Act;
            ``(4) the weekly, biweekly, monthly, or other incremental
        payment applicable under the rent-to-own contract for the
        transaction and the number of payments;
            ``(5) the total of payments required to be paid to acquire
        ownership of the item under a rent-to-own contract for the
        transaction, determined under regulations under the Truth in
        Lending Act; and
            ``(6) specification of whether the item is new or used.
``Sec. 1007. Prohibitions; enforcement
    ``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
            ``(1) threaten or invoke criminal prosecution of a consumer
        for any matter related to the contract, unless there is clear
        and convincing evidence that the goods that are the subject of
        the contract are being held by the consumer with an intent to
        defraud the seller;
            ``(2) use threats or coercion to collect or attempt to
        collect any amounts alleged to be due from the consumer;
            ``(3) engage in any conduct, the natural consequence of
        which is to oppress, harass, or abuse any person in connection
        with an attempt to collect amounts owed by the consumer under
        the contract;
            ``(4) unreasonably publicize information to third parties
        regarding amounts owed by the consumer;
            ``(5) make any fraudulent, deceptive, or misleading
        representation to obtain information about the consumer or to
        collect amounts owed by the consumer;
            ``(6) use any unconscionable means to collect or attempt to
        collect a debt owed to the seller;
            ``(7) engage in any act or practice that is unfair or
        deceptive in making, servicing, or collecting payment pursuant
        to a rent-to-own contract;
            ``(8) advertise, announce, solicit, or otherwise represent
        as free or available without charge (including by use of other
        words of similar meaning) any service under the contract for
        which the seller charges the consumer, including any service
        for which a charge is collected by inclusion in the amount
        required to be paid under the contract;
            ``(9) use, for purposes of complying with any State or
        Federal law governing rent-to-own transactions (other than a
        State or Federal tax law) any definition of the term `cash
        price' other than the definition under section 1003(2); or
            ``(10) attempt to evade the provisions of this title by any
        devise or subterfuge.
    ``(b) Enforcement.--
            ``(1) In general.--Compliance with the requirements under
        this title shall be enforced by the Commission. All functions
        and powers of the Commission under the Federal Trade Commission
        Act shall be available to the Commission to enforce compliance
        with this title by any person, irrespective of whether the
        person is engaged in commerce or meets any other jurisdictional
        tests in the Federal Trade Commission Act, including the power
        to enforce the provisions of this title in the same manner as
        if the violation had been a violation of a Commission trade
        regulation rule.
            ``(2) Treatment of violations.--For the purpose of the
        exercise by the Commission of its functions and powers under
        the Federal Trade Commission Act, a violation of any
        requirement or prohibition under this title is deemed to be an
        unfair or deceptive act or practice in commerce in violation of
        that Act.
``Sec. 1008. Civil liability
    ``(a) Liability for Failure to Properly Disclose Terms.--A seller
who fails to comply with a requirement under section 1006 shall be
liable to the consumer in an amount equal to the sum of--
            ``(1) actual damages sustained by the consumer as a result
        of the failure;
            ``(2) $500 for each failure; and
            ``(3) all costs of the action and reasonable attorney fees,
        as determined by the court.
    ``(b) Other Liability.--A seller who violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1005, shall be liable to the consumer in an amount equal
to the sum of--
            ``(1) actual damages sustained by the consumer as a result
        of the violation;
            ``(2) $5,000 for each violation; and
            ``(3) all costs of the action and reasonable attorney fees,
        as determined by the court.
    ``(c) Jurisdiction; Limitation.--
            ``(1) In general.--An action under this title may be
        brought in any United States district court or in any other
        court of competent jurisdiction, not later than 2 years after
        the date of the violation or failure that is the subject of the
        action.
            ``(2) Other actions.--The 2-year statute of limitations in
        paragraph (1) shall not prohibit any person from asserting a
        violation of this title as a defense in an action to collect
        amounts alleged to be due from such person, if such action is
        brought more than 2 years after the date of the occurrence of
        the violation.
    ``(d) Remedies.--Nothing in this title shall be construed to limit
any remedy otherwise available under State or Federal law.
``Sec. 1009. Regulations
    ``Not later than 6 months after the date of enactment of this
title, the Commission shall issue such regulations as may be necessary
to implement this title.
``Sec. 1010. Relationship to other laws
    ``(a) State Law.--This title does not annul, alter, affect, or
exempt any person subject to the provisions of this title from
complying with the laws of any State with respect to rent-to-own
transactions, except to the extent that such laws are inconsistent with
any provision of this title, and then only to the extent of the
inconsistency.
    ``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction to the extent application of that
Act to the transaction is inconsistent with this title.''.

SEC. 3. RECOMMENDATIONS TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, the
Federal Trade Commission shall submit to the Congress any
recommendations for further legislative or administrative action with
respect to the regulation of rent-to-own transactions.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.

S 1566 IS----2

Output:
Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item:  (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance.
Sets forth requirements regarding:  (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties.
Makes the following Federal laws applicable to rent-to-own transactions:  (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act.
Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction:  (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used.  Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract.
Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer.
Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission.  Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act.
Subjects sellers who violate the requirements of this Act to civil liability.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Domestic Product Promotion
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) In 2007, the United States trade deficit for goods
        reached $815 billion.
            (2) In March 2005, manufacturing employment in the United
        States fell to 14.3 million. This number is lower than it was
        in 1945, when the population of the United States was more than
        50 percent less.
            (3) In 2006, United States manufacturing's share of the
        Gross Domestic Product was approximately half what it was in
        1950.
            (4) The earnings of United States manufacturing workers
        exceed the earnings of workers in the service and other
        sectors.
            (5) Each United States manufacturing job creates as many as
        four related jobs.
            (6) The promotion of domestically produced goods is
        beneficial for United States workers and the United States
        economy.

SEC. 3. DEFINITION.

    In this Act the term ``domestic product'' means a product--
            (1) that is manufactured or produced in the United States;
        and
            (2) at least 65 percent of the cost of the articles,
        materials, or supplies of which are grown, mined, produced, or
        manufactured in the United States.

SEC. 4. OFFICE OF DOMESTIC PRODUCT PROMOTION.

    (a) Establishment.--There is hereby established within the
Department of Commerce an Office of Domestic Product Promotion
(hereinafter referred to in this Act as the ``Office'').
    (b) Duties.--The Office shall--
            (1) work with United States businesses to promote domestic
        products;
            (2) provide information and advice to United States
        businesses on benefits and incentives available to United
        States businesses for producing domestic products, including
        the award of Federal procurement contracts and Federal and
        State tax benefits;
            (3) establish a comprehensive database of businesses that
        use, sell, or would prefer to use or sell, domestic products,
        and make the information in such database available to the
        public, including on a website that a user can sort and search
        by the State, county, city, or congressional district of a
        business, as well as by product type;
            (4) develop, with input from private businesses, non-profit
        businesses, labor organizations, academic institutions, and
        other entities, tools and ideas on how to promote domestic
        products; and
            (5) coordinate with State governments to further the
        Office's performance of its duties.

SEC. 5. COMPOSITION OF THE OFFICE.

    (a) National Director.--
            (1) Selection.--The Office shall be headed by a National
        Director, who shall be appointed by the President, by and with
        the advice of the Senate.
            (2) Term.--The National Director shall serve a term of 5
        years. A National Director whose term has expired may continue
        to serve until the date on which a successor takes office.
            (3) Compensation.--The National Director shall be
        compensated at the rate provided for level V of the Executive
        Schedule under section 5316 of title 5, United States Code.
    (b) Staff.--The National Director shall appoint, terminate, and fix
the compensation of such employees of the Office as the National
Director considers necessary to carry out the functions of the Office,
except that no rate of pay fixed under this subsection may exceed the
equivalent of the rate provided for level V of the Executive Schedule
under section 5316 of title 5, United States Code.

SEC. 6. REGIONAL OFFICES.

    (a) In General.--The Office shall have six regional offices, each
headed by a regional director, and one regional office shall be located
within each of the following six regions:
            (1) Region 1, consisting of Ohio, Pennsylvania, Michigan,
        Indiana, Illinois, Kentucky, and West Virginia.
            (2) Region 2, consisting of the District of Columbia,
        Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
        Connecticut, New York, New Jersey, Delaware, and Maryland.
            (3) Region 3, consisting of Virginia, North Carolina, South
        Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi,
        Louisiana, and Arkansas.
            (4) Region 4, consisting of California, Oregon, Washington,
        Idaho, Montana, Wyoming, Alaska, and Hawaii.
            (5) Region 5, consisting of Iowa, Missouri, North Dakota,
        South Dakota, Nebraska, Kansas, Oklahoma, Minnesota, and
        Wisconsin.
            (6) Region 6, consisting of Texas, Nevada, New Mexico,
        Arizona, Utah, and Colorado.
    (b) Duties.--The regional offices shall--
            (1) support the Office in performing the Office's duties;
        and
            (2) concentrate on issues affecting the promotion of
        domestic products produced in the region in which the regional
        office is located.
    (c) Regional Director and Staff.--
            (1) Appointment.--The National Director shall appoint,
        terminate, and fix the compensation of each regional director,
        except that no rate of pay fixed under this paragraph may
        exceed the equivalent of the rate provided for level V of the
        Executive Schedule under section 5316 of title 5, United States
        Code.
            (2) Qualifications.--Each regional director shall have
        knowledge of the domestic products produced in the region in
        which the regional office is located and region-specific issues
        related to the promotion of the region's domestic products.
            (3) Regional office staff.--Each regional director shall,
        with the approval of the National Director, appoint, terminate,
        and fix the compensation of such additional employees of the
        regional office as the regional director considers necessary to
        carry out the functions of the regional office, except that no
        rate of pay fixed under this paragraph may exceed the
        equivalent of the rate provided for level V of the Executive
        Schedule under section 5316 of title 5, United States Code.
    (d) Regional Conventions.--Each regional office shall hold an
annual convention to help connect United States businesses producing
domestic products with consumers who want to work with domestic
products, address domestic product production issues, and generate
ideas on how to promote domestic products.

SEC. 7. REPORTS TO THE PRESIDENT AND THE CONGRESS.

    The National Director and the Secretary of Commerce shall submit an
annual report to the President and the Congress on the operation of the
Office, including recommendations on strategies for promoting domestic
products.

SEC. 8. AUTHORIZATION OF APPROPRIATION.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act.

Output: Office of Domestic Product Promotion Act - Establishes within the Department of Commerce an Office of Domestic Product Promotion to: (1) work with U.S. businesses to promote domestic products; (2) provide information and advice to them on benefits and incentives available for producing domestic products, including the award of federal procurement contracts and federal and state tax benefits; (3) establish a comprehensive publicly available database of businesses that use, sell, or would prefer to use or sell, domestic products; (4) develop tools and ideas on how to promote domestic products; and (5) coordinate with state governments to further the Office's performance of its duties.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Cyberspace Coordination
Act of 2015''.

SEC. 2. NATIONAL OFFICE FOR CYBERSPACE.

    (a) Coordination of Federal Information Policy.--Subchapter II of
chapter 35 of title 44, United States Code, is amended--
            (1) in section 3552(b), by adding at the end the following
        new paragraphs:
            ``(8) The term `Director' means the Director of the
        National Office for Cyberspace.
            ``(9) The term `information infrastructure' means the
        underlying framework that information systems and assets rely
        on in processing, storing, or transmitting information
        electronically.'';
            (2) in section 3553--
                    (A) in subsection(a)--
                            (i) in paragraph (5), by striking ``; and''
                        and inserting a semicolon;
                            (ii) in paragraph (6), by striking the
                        period at the end and inserting a semicolon;
                        and
                            (iii) by inserting after paragraph (6) the
                        following new paragraphs:
            ``(7) reviewing at least annually, and approving or
        disapproving, agency information security programs required
        under section 3554(b);
            ``(8) coordinating the defense of information
        infrastructure operated by agencies in the case of a large-
        scale attack on information infrastructure, as determined by
        the Director;
            ``(9) coordinating information security training for
        Federal employees with the Office of Personnel Management;
            ``(10) ensuring the adequacy of protections for privacy and
        civil liberties in carrying out the responsibilities of the
        Director under this subchapter;
            ``(11) making recommendations that the Director determines
        are necessary to ensure risk-based security of the Federal
        information infrastructure and information infrastructure that
        is owned, operated, controlled, or licensed for use by, or on
        behalf of, the Department of Defense, a military department, or
        another element of the intelligence community to--
                    ``(A) the Director of the Office of Management and
                Budget;
                    ``(B) the head of an agency; or
                    ``(C) to Congress with regard to the reprogramming
                of funds;
            ``(12) ensuring, in consultation with the Administrator of
        the Office of Information and Regulatory Affairs, that the
        efforts of agencies relating to the development of regulations,
        rules, requirements, or other actions applicable to the
        national information infrastructure are complementary;
            ``(13) when directed by the President, carrying out the
        responsibilities for national security and emergency
        preparedness communications described in section 706 of the
        Communications Act of 1934 (47 U.S.C. 606) to ensure
        integration and coordination; and
            ``(14) as assigned by the President, other duties relating
        to the security and resiliency of cyberspace.'';
            (3) by adding at the end of section 3554, the following new
        subsection:
    ``(f) Budget Assessment and Reporting.--
            ``(1) Agency submission.--The head of each agency shall
        submit to the Director a budget each year for the following
        fiscal year relating to the protection of information
        infrastructure for such agency, by a date determined by the
        Director that is before July 1 of each year. Such budget shall
        include--
                    ``(A) a review of any threats to information
                technology for such agency;
                    ``(B) a plan to secure the information
                infrastructure for such agency based on threats to
                information technology, using the National Institute of
                Standards and Technology guidelines and
                recommendations;
                    ``(C) a review of compliance by such agency with
                any previous year plan described in subparagraph (B);
                and
                    ``(D) a report on the development of the
                credentialing process to enable secure authentication
                of identity and authorization for access to the
                information infrastructure of such agency.
            ``(2) Assessment and certification.--The Director shall
        assess and certify the adequacy of each budget submitted under
        paragraph (1).
            ``(3) Agency recommendations.--Not later than July 1 of
        each year, the Director shall submit to the head of each agency
        budget recommendations, including requests for specific
        initiatives that are consistent with the priorities of the
        President relating to the protection of information
        infrastructure. Such budget recommendations shall--
                    ``(A) apply to the next budget year scheduled for
                formulation under chapter 11 of title 31, and each of
                the 4 subsequent fiscal years; and
                    ``(B) address funding priorities developed in the
                National Office for Cyberspace.
            ``(4) Recommendations to the president.--The Director shall
        make recommendations to the President that the Director
        determines are appropriate regarding changes in the
        organization, management, and budget of each agency relating to
        the protection of information infrastructure in each such
        agency, and changes in the allocation of personnel to and
        within such agency, including monetary penalties or incentives
        necessary to encourage and maintain accountability of any
        agency, or senior agency official, for efforts to secure the
        information infrastructure of such agency.''; and
            (4) by adding at the end the following new section:
``Sec. 3559. National Office for Cyberspace
    ``(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the National Office
for Cyberspace.
    ``(b) Director.--
            ``(1) In general.--There shall be at the head of the
        National Office for Cyberspace a Director, who shall be
        appointed by the President by and with the advice and consent
        of the Senate. The Director of the National Office for
        Cyberspace shall administer all functions designated to such
        Director under section 3553 and collaborate to the extent
        practicable with the heads of appropriate agencies, the private
        sector, and international partners. The Office shall serve as
        the principal office for coordinating issues relating to
        cyberspace, including achieving an assured, reliable, secure,
        and survivable information infrastructure and related
        capabilities for the Federal Government, while promoting
        national economic interests, security, and civil liberties.
            ``(2) Basic pay.--The Director of the National Office for
        Cyberspace shall be paid at the rate of basic pay for level III
        of the Executive Schedule.
    ``(c) Staff.--The Director of the National Office for Cyberspace
may appoint and fix the pay of additional personnel as the Director
considers appropriate.
    ``(d) Experts and Consultants.--The Director of the National Office
for Cyberspace may procure temporary and intermittent services under
section 3109(b) of title 5.''.
    (b) Technical and Conforming Amendments.--The table of sections for
subchapter II of chapter 35 of title 44, United States Code, is amended
by adding at the end the following:

        ``3559. National Office for Cyberspace.''.
    (c) National Strategy Required.--Not later than one year after the
date of the enactment of this Act, the Director of the National Office
for Cyberspace shall establish a national strategy for improving agency
information security.
    (d) Effective Date.--This section, and the amendments made by this
section, shall take effect 180 days after the date of the enactment of
this Act.

Output: Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines "information infrastructure" as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs; (2) coordinating information security training for federal employees with the Office of Personnel Management; and (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Paul Wellstone Mental Health
Equitable Treatment Act of 2005''.

SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
              1974.

    (a) In General.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows:

``SEC. 712. MENTAL HEALTH PARITY.

    ``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
    ``(b) Construction.--
            ``(1) In general.--Nothing in this section shall be
        construed as requiring a group health plan (or health insurance
        coverage offered in connection with such a plan) to provide any
        mental health benefits.
            ``(2) Medical management of mental health benefits.--
        Consistent with subsection (a), nothing in this section shall
        be construed to prevent the medical management of mental health
        benefits, including through concurrent and retrospective
        utilization review and utilization management practices,
        preauthorization, and the application of medical necessity and
        appropriateness criteria applicable to behavioral health and
        the contracting and use of a network of participating
        providers.
            ``(3) No requirement of specific services.--Nothing in this
        section shall be construed as requiring a group health plan (or
        health insurance coverage offered in connection with such a
        plan) to provide coverage for specific mental health services,
        except to the extent that the failure to cover such services
        would result in a disparity between the coverage of mental
        health and medical and surgical benefits.
    ``(c) Small Employer Exemption.--
            ``(1) In general.--This section shall not apply to any
        group health plan (and group health insurance coverage offered
        in connection with a group health plan) for any plan year of
        any employer who employed an average of at least 2 but not more
        than 50 employees on business days during the preceding
        calendar year.
            ``(2) Application of certain rules in determination of
        employer size.--For purposes of this subsection--
                    ``(A) Application of aggregation rule for
                employers.--Rules similar to the rules under
                subsections (b), (c), (m), and (o) of section 414 of
                the Internal Revenue Code of 1986 shall apply for
                purposes of treating persons as a single employer.
                    ``(B) Employers not in existence in preceding
                year.--In the case of an employer which was not in
                existence throughout the preceding calendar year, the
                determination of whether such employer is a small
                employer shall be based on the average number of
                employees that it is reasonably expected such employer
                will employ on business days in the current calendar
                year.
                    ``(C) Predecessors.--Any reference in this
                paragraph to an employer shall include a reference to
                any predecessor of such employer.
    ``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
    ``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
    ``(f) Definitions.--For purposes of this section--
            ``(1) Financial requirements.--The term `financial
        requirements' includes deductibles, coinsurance, co-payments,
        other cost sharing, and limitations on the total amount that
        may be paid by a participant or beneficiary with respect to
        benefits under the plan or health insurance coverage and shall
        include the application of annual and lifetime limits.
            ``(2) Medical or surgical benefits.--The term `medical or
        surgical benefits' means benefits with respect to medical or
        surgical services, as defined under the terms of the plan or
        coverage (as the case may be), but does not include mental
        health benefits.
            ``(3) Mental health benefits.--The term `mental health
        benefits' means benefits with respect to services, as defined
        under the terms and conditions of the plan or coverage (as the
        case may be), for all categories of mental health conditions
        listed in the Diagnostic and Statistical Manual of Mental
        Disorders, Fourth Edition (DSM IV-TR), or the most recent
        edition if different than the Fourth Edition, if such services
        are included as part of an authorized treatment plan that is in
        accordance with standard protocols and such services meet the
        plan or issuer's medical necessity criteria.
            ``(4) Treatment limitations.--The term `treatment
        limitations' means limitations on the frequency of treatment,
        number of visits or days of coverage, or other similar limits
        on the duration or scope of treatment under the plan or
        coverage.''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by striking the item relating to section 712 and
inserting the following new item:

``Sec. 712. Mental health parity.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2006.

SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
              GROUP MARKET.

    (a) In General.--Section 2705 of the Public Health Service Act (42
U.S.C. 300gg-5) is amended to read as follows:

``SEC. 2705. MENTAL HEALTH PARITY.

    ``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose any treatment limitations or
financial requirements with respect to the coverage of benefits for
mental illnesses unless comparable treatment limitations or financial
requirements are imposed on medical and surgical benefits.
    ``(b) Construction.--
            ``(1) In general.--Nothing in this section shall be
        construed as requiring a group health plan (or health insurance
        coverage offered in connection with such a plan) to provide any
        mental health benefits.
            ``(2) Medical management of mental health benefits.--
        Consistent with subsection (a), nothing in this section shall
        be construed to prevent the medical management of mental health
        benefits, including through concurrent and retrospective
        utilization review and utilization management practices,
        preauthorization, and the application of medical necessity and
        appropriateness criteria applicable to behavioral health and
        the contracting and use of a network of participating
        providers.
            ``(3) No requirement of specific services.--Nothing in this
        section shall be construed as requiring a group health plan (or
        health insurance coverage offered in connection with such a
        plan) to provide coverage for specific mental health services,
        except to the extent that the failure to cover such services
        would result in a disparity between the coverage of mental
        health and medical and surgical benefits.
    ``(c) Small Employer Exemption.--
            ``(1) In general.--This section shall not apply to any
        group health plan (and group health insurance coverage offered
        in connection with a group health plan) for any plan year of
        any employer who employed an average of at least 2 but not more
        than 50 employees on business days during the preceding
        calendar year.
            ``(2) Application of certain rules in determination of
        employer size.--For purposes of this subsection--
                    ``(A) Application of aggregation rule for
                employers.--Rules similar to the rules under
                subsections (b), (c), (m), and (o) of section 414 of
                the Internal Revenue Code of 1986 shall apply for
                purposes of treating persons as a single employer.
                    ``(B) Employers not in existence in preceding
                year.--In the case of an employer which was not in
                existence throughout the preceding calendar year, the
                determination of whether such employer is a small
                employer shall be based on the average number of
                employees that it is reasonably expected such employer
                will employ on business days in the current calendar
                year.
                    ``(C) Predecessors.--Any reference in this
                paragraph to an employer shall include a reference to
                any predecessor of such employer.
    ``(d) Separate Application to Each Option Offered.--In the case of
a group health plan that offers a participant or beneficiary two or
more benefit package options under the plan, the requirements of this
section shall be applied separately with respect to each such option.
    ``(e) In-Network and Out-of-Network Rules.--In the case of a plan
or coverage option that provides in-network mental health benefits,
out-of-network mental health benefits may be provided using treatment
limitations or financial requirements that are not comparable to the
limitations and requirements applied to medical and surgical benefits
if the plan or coverage provides such in-network mental health benefits
in accordance with subsection (a) and provides reasonable access to in-
network providers and facilities.
    ``(f) Definitions.--For purposes of this section--
            ``(1) Financial requirements.--The term `financial
        requirements' includes deductibles, coinsurance, co-payments,
        other cost sharing, and limitations on the total amount that
        may be paid by a participant, beneficiary or enrollee with
        respect to benefits under the plan or health insurance coverage
        and shall include the application of annual and lifetime
        limits.
            ``(2) Medical or surgical benefits.--The term `medical or
        surgical benefits' means benefits with respect to medical or
        surgical services, as defined under the terms of the plan or
        coverage (as the case may be), but does not include mental
        health benefits.
            ``(3) Mental health benefits.--The term `mental health
        benefits' means benefits with respect to services, as defined
        under the terms and conditions of the plan or coverage (as the
        case may be), for all categories of mental health conditions
        listed in the Diagnostic and Statistical Manual of Mental
        Disorders, Fourth Edition (DSM IV-TR), or the most recent
        edition if different than the Fourth Edition, if such services
        are included as part of an authorized treatment plan that is in
        accordance with standard protocols and such services meet the
        plan or issuer's medical necessity criteria.
            ``(4) Treatment limitations.--The term `treatment
        limitations' means limitations on the frequency of treatment,
        number of visits or days of coverage, or other similar limits
        on the duration or scope of treatment under the plan or
        coverage.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to plan years beginning on or after January 1, 2006.

SEC. 4. PREEMPTION.

     Nothing in the amendments made by this Act shall be construed to
preempt any provision of State law, with respect to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan, that provides protections to enrollees that are
greater than the protections provided under such amendments. Nothing in
the amendments made by this Act shall be construed to affect or modify
section 514 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144).

SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) Study.--The Comptroller General shall conduct a study that
evaluates the effect of the implementation of the amendments made by
this Act on the cost of health insurance coverage, access to health
insurance coverage (including the availability of in-network
providers), the quality of health care, and other issues as determined
appropriate by the Comptroller General. Such study also shall include
an estimation of the costs of extending the provisions of such
amendments to treatment of substance abuse and chemical dependency.
    (b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall prepare and submit to the
appropriate committees of Congress a report containing the results of
the study conducted under subsection (a).

Output:
Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers.

Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access.

 Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.