109 
tain sunset provisions, shall take effect on January 
1, 2009. 
(2) SPECIAL
RULE
FOR
COLLECTIVE
BAR-
GAINING
AGREEMENTS.—In the case of a group 
health plan maintained pursuant to one or more col-
lective bargaining agreements between employee rep-
resentatives and one or more employers ratified be-
fore the date of the enactment of this Act, the 
amendments made by this section shall not apply to 
plan years beginning before the later of— 
(A) the date on which the last of the col-
lective bargaining agreements relating to the 
plan terminates (determined without regard to 
any extension thereof agreed to after the date 
of the enactment of this Act), or 
(B) January 1, 2009. 
For purposes of subparagraph (A), any plan amend-
ment made pursuant to a collective bargaining 
agreement relating to the plan which amends the 
plan solely to conform to any requirement added by 
this section shall not be treated as a termination of 
such collective bargaining agreement. 
(f) ASSURING COORDINATION.—The Secretary of 
Health and Human Services, the Secretary of Labor, and 
the Secretary of the Treasury may ensure, through the 
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110 
execution or revision of an interagency memorandum of 
understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which two or more such Secretaries have re-
sponsibility under this section (and the amendments 
made by this section) are administered so as to have 
the same effect at all times; and 
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
(g) CONFORMING CLERICAL AMENDMENTS.— 
(1) ERISA HEADING.— 
(A) IN GENERAL.—The heading of section 
712 of the Employee Retirement Income Secu-
rity Act of 1974 is amended to read as follows: 
‘‘SEC. 712. PARITY IN MENTAL HEALTH AND SUBSTANCE 
USE DISORDER BENEFITS.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents in section 1 of such Act is amended by 
striking the item relating to section 712 and in-
serting the following new item: 
‘‘Sec. 712. Parity in mental health and substance use disorder benefits.’’. 
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111 
(2) PHSA HEADING.—The heading of section 
2705 of the Public Health Service Act is amended 
to read as follows: 
‘‘SEC. 2705. PARITY IN MENTAL HEALTH AND SUBSTANCE 
USE DISORDER BENEFITS.’’. 
(3) IRC HEADING.— 
(A) IN GENERAL.—The heading of section 
9812 of the Internal Revenue Code of 1986 is 
amended to read as follows: 
‘‘SEC. 9812. PARITY IN MENTAL HEALTH AND SUBSTANCE 
USE DISORDER BENEFITS.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections for subchapter B of chapter 100 of 
such Code is amended by striking the item re-
lating to section 9812 and inserting the fol-
lowing new item: 
‘‘Sec. 9812. Parity in mental health and substance use disorder benefits.’’. 
(h) GAO STUDY ON COVERAGE AND EXCLUSION OF 
MENTAL HEALTH AND SUBSTANCE USE DISORDER DIAG-
NOSES.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study that ana-
lyzes the specific rates, patterns, and trends in cov-
erage and exclusion of specific mental health and 
substance use disorder diagnoses by health plans 
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and health insurance. The study shall include an 
analysis of— 
(A) specific coverage rates for all mental 
health conditions and substance use disorders; 
(B) which diagnoses are most commonly 
covered or excluded; 
(C) whether implementation of this Act 
has affected trends in coverage or exclusion of 
such diagnoses; and 
(D) the impact of covering or excluding 
specific diagnoses on participants’ and enroll-
ees’ health, their health care coverage, and the 
costs of delivering health care. 
(2) REPORTS.—Not later than 3 years after the 
date of the enactment of this Act, and 2 years after 
the date of submission the first report under this 
paragraph, the Comptroller General shall submit to 
Congress a report on the results of the study con-
ducted under paragraph (1). 
TITLE V—REVENUE PROVISIONS 
SEC. 501. 0.2 PERCENT FUTA SURTAX. 
(a) IN GENERAL.—Section 3301 (relating to rate of 
tax) is amended— 
(1) by striking ‘‘through 2008’’ in paragraph 
(1) and inserting ‘‘through 2009’’, and 
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(2) by striking ‘‘calendar year 2009’’ in para-
graph (2) and inserting ‘‘calendar year 2010’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to wages paid after December 31, 
2008. 
SEC. 
502. 
NONQUALIFIED 
DEFERRED 
COMPENSATION 
FROM CERTAIN TAX INDIFFERENT PARTIES. 
(a) IN GENERAL.—Subpart B of part II of sub-
chapter E of chapter 1 is amended by inserting after sec-
tion 457 the following new section: 
‘‘SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION 
FROM CERTAIN TAX INDIFFERENT PARTIES. 
‘‘(a) IN GENERAL.—Any compensation of a service 
provider which is deferred under a nonqualified deferred 
compensation plan of a nonqualified entity shall be includ-
ible in gross income when there is no substantial risk of 
forfeiture of the rights to such compensation. 
‘‘(b) NONQUALIFIED ENTITY.—For purposes of this 
section, the term ‘nonqualified entity’ means— 
‘‘(1) any foreign corporation unless substan-
tially all of its income is— 
‘‘(A) effectively connected with the conduct 
of a trade or business in the United States, or 
‘‘(B) subject to a comprehensive foreign in-
come tax, and 
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