#aaeth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #bj1 #bjah ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the bill 7,h4,r4 #hh7 entitled ,an ,act to modify the boundary of the ,shiloh ,national ,military ,park located in ,tennessee and ,mississippi1 to establish ,parker's ,crossroads ,battlefield as an affiliated area of the ,national ,park ,system1 and for other purposes41 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate1 insert the following3 ,a ,retirement1 ,savings1 and ,other ,tax ,relief ,act of #bjah #a4 ,short title1 etc 7a7 ,short title ,this division may be cited as the ,retirement1 ,savings1 and ,other ,tax ,relief ,act of #bjah4 7b7 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this division an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 7c7 ,table of contents ,the table of contents for this division is as follows3 ,sec4 #a4 ,short title1 etc4 ,title ,i--,disaster tax relief ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,special disaster-related rules for use of retirement funds4 ,sec4 #ajc4 ,employee retention credit for employers affected by qualified disasters4 ,sec4 #ajd4 ,other disaster-related tax relief provisions4 ,sec4 #aje4 ,treatment of certain possessions4 ,sec4 #ajf4 ,automatic extension of filing deadline4 ,title ,,ii--,retirement and savings ,subtitle ,a--,expanding and preserving retirement savings ,sec4 #bja4 ,multiple employer plans2 pooled employer plans4 ,sec4 #bjb4 ,rules relating to election of safe harbor #dja7k7 status4 ,sec4 #bjc4 ,certain taxable non-tuition fellowship and stipend payments treated as compensation for ,,ira purposes4 ,sec4 #bjd4 ,repeal of maximum age for traditional ,,ira contributions4 ,sec4 #bje4 ,qualified employer plans prohibited from making loans through credit cards and other similar arrangements4 ,sec4 #bjf4 ,portability of lifetime income investments4 ,sec4 #bjg4 ,treatment of custodial accounts on termination of section #djc7;b7 plans4 ,sec4 #bjh4 ,clarification of retirement income account rules relating to church-controlled organizations4 ,sec4 #bji4 ,increase in #aj percent cap for automatic enrollment safe harbor after #ast plan year4 ,sec4 #baj4 ,increase in credit limitation for small employer pension plan startup costs4 ,sec4 #baa4 ,small employer automatic enrollment credit4 ,sec4 #bab4 ,exemption from required minimum distribution rules for individuals with certain account balances4 ,sec4 #bac4 ,elective deferrals by members of the ,ready ,reserve of a reserve component of the ,armed ,forces4 ,subtitle ,b--,administrative improvements ,sec4 #bba4 ,plan adopted by filing due date for year may be treated as in effect as of close of year4 ,sec4 #bbb4 ,modification of nondiscrimination rules to protect older1 longer service participants4 ,sec4 #bbc4 ,fiduciary safe harbor for selection of lifetime income provider4 ,sec4 #bbd4 ,disclosure regarding lifetime income4 ,sec4 #bbe4 ,modification of ,,pbgc premiums for ,,csec plans4 ,subtitle ,c--,other ,savings ,provisions ,sec4 #bca4 ,expansion of section #ebi plans4 ,sec4 #bcb4 ,penalty-free withdrawals from retirement plans for individuals in case of birth of child or adoption4 ,title ,,iii--,repeal or delay of certain health-related taxes ,sec4 #cja4 ,extension of moratorium on medical device excise tax4 ,sec4 #cjb4 ,delay in implementation of excise tax on high cost employer-sponsored health coverage4 ,sec4 #cjc4 ,extension of suspension of annual fee on health insurance providers4 ,sec4 #cjd4 ,repeal of excise tax on indoor tanning services4 ,title ,,iv--,certain expiring provisions ,sec4 #dja4 ,railroad track maintenance credit made permanent4 ,sec4 #djb4 ,biodiesel and renewable diesel provisions extended and phased out4 ,title ,v--,other provisions ,sec4 #eja4 ,technical amendments relating to ,public ,law #aae-ig4 ,sec4 #ejb4 ,clarification of treatment of veterans as specified group for purposes of the low-income housing tax credit4 ,sec4 #ejc4 ,clarification of general public use requirement for qualified residential rental projects4 ,sec4 #ejd4 ,floor plan financing applicable to certain trailers and campers4 ,sec4 #eje4 ,repeal of increase in unrelated business taxable income by disallowed fringe4 ,sec4 #ejf4 ,certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings4 ,sec4 #ejg4 ,allowing #eja7;c77#c7 organization to make statements relating to political campaign in ordinary course of carrying out its tax exempt purpose4 ,sec4 #ejh4 ,charitable organizations permitted to make collegiate housing and infrastructure grants4 ,sec4 #eji4 ,restriction on regulation of contingency fees with respect to tax returns1 etc4 ,i ,disaster tax relief #aja4 ,definitions ,for purposes of this title-- 7#a7 ,general definitions 7,a7 ,qualified disaster area ,the term qualified disaster area means the ,hurricane ,florence disaster area2 the ,hurricane ,michael disaster area2 the ,typhoon ,mangkhut disaster area2 the ,typhoon ,yutu disaster area2 the ,mendocino wildfire disaster area2 the ,camp and ,woolsey wildfire disaster area2 the ,kilauea volcanic eruption and earthquakes disaster area2 the ,hawaii severe storms1 flooding1 landslides1 and mudslides disaster area2 the ,wisconsin severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides disaster area2 the ,texas severe storms and flooding disaster area2 the ,north ,carolina tornado and severe storms disaster area2 the ,indiana severe storms and flooding disaster area2 the ,alabama severe storms and tornadoes disaster area2 and the ,tropical ,storm ,gita disaster area4 7,b7 ,qualified disaster zone ,the term qualified disaster zone means that portion of any qualified disaster area which is determined by the ,president to warrant individual or individual and public assistance from the ,federal ,government under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the qualified disaster with respect to such disaster area4 7,c7 ,qualified disaster ,the term qualified disaster means1 with respect to any qualified disaster area1 the disaster by reason of which a major disaster was declared with respect to such area4 7#b7 ,hurricane ,florence 7,a7 ,hurricane ,florence disaster area ,the term ,hurricane ,florence disaster area means an area with respect to which a major disaster has been declared by the ,president on or before ,december #ag1 #bjah1 under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,hurricane ,florence4 7,b7 ,incident beginning date ,the incident beginning date of ,hurricane ,florence is ,september #g1 #bjah4 7,c7 ,incident period ,the incident period of ,hurricane ,florence is the period beginning on the incident beginning date of ,hurricane ,florence and ending on ,october #h1 #bjah4 7#c7 ,hurricane ,michael 7,a7 ,hurricane ,michael disaster area ,the term ,hurricane ,michael disaster area means an area with respect to which a major disaster has been declared by the ,president on or before ,december #ag1 #bjah1 under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,hurricane ,michael4 7,b7 ,incident beginning date ,the incident beginning date of ,hurricane ,michael is ,october #g1 #bjah4 7,c7 ,incident period ,the incident period of ,hurricane ,michael is the period beginning on the incident beginning date of ,hurricane ,michael and ending on ,october #bc1 #bjah4 7#d7 ,typhoon ,mangkhut 7,a7 ,typhoon ,mangkhut disaster area ,the term ,typhoon ,mangkhut disaster area means an area with respect to which a major disaster has been declared by the ,president on or before ,december #ag1 #bjah1 under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,typhoon ,mangkhut4 7,b7 ,incident beginning date ,the incident beginning date of ,typhoon ,mangkhut is ,september #aj1 #bjah4 7,c7 ,incident period ,the incident period of ,typhoon ,mangkhut is the period beginning on the incident beginning date of ,typhoon ,mangkhut and ending on ,september #aa1 #bjah4 7#e7 ,typhoon ,yutu 7,a7 ,typhoon ,yutu disaster area ,the term ,typhoon ,yutu disaster area means an area with respect to which a major disaster has been declared by the ,president on or before ,december #ag1 #bjah1 under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,typhoon ,yutu4 7,b7 ,incident beginning date ,the incident beginning date of ,typhoon ,yutu is ,october #bd1 #bjah4 7,c7 ,incident period ,the incident period of ,typhoon ,yutu is the period beginning on the incident beginning date of ,typhoon ,yutu and ending on ,october #bf1 #bjah4 7#f7 ,mendocino wildfire 7,a7 ,mendocino wildfire disaster area ,the term ,mendocino wildfire disaster area means an area with respect to which1 during the period beginning on ,august #d1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the wildfire in ,california commonly known as the ,mendocino wildfire of #bjah 7including the ,carr wildfire of #bjah74 7,b7 ,incident beginning date ,the incident beginning date of the wildfires referred to in subparagraph 7,a7 is ,july #bc1 #bjah4 7,c7 ,incident period ,the incident period of the wildfires referred to in subparagraph 7,a7 is the period beginning on the incident beginning date of such wildfires and ending on ,september #ai1 #bjah4 7#g7 ,camp and ,woolsey wildfires 7,a7 ,camp and ,woolsey wildfire disaster area ,the term ,camp and ,woolsey wildfire disaster area means an area with respect to which1 during the period beginning on ,november #ab1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the wildfires in ,california commonly known as the ,camp and ,woolsey wildfires of #bjah 7including the ,hill wildfire of #bjah74 7,b7 ,incident beginning date ,the incident beginning date of the wildfires referred to in subparagraph 7,a7 is ,november #h1 #bjah4 7,c7 ,incident period ,the incident period of the wildfires referred to in subparagraph 7,a7 is the period beginning on the incident beginning date of such wildfires and ending on ,november #be1 #bjah4 7#h7 ,kilauea volcanic eruption and earthquakes 7,a7 ,kilauea volcanic eruption and earthquakes disaster area ,the term ,kilauea volcanic eruption and earthquakes disaster area means an area with respect to which1 during the period beginning on ,may #aa1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the ,kilauea volcanic eruption and earthquakes occurring in ,hawaii during the period beginning on ,may #c1 #bjah1 and ending on ,august #ag1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the volcanic eruption and earthquakes referred to in subparagraph 7,a7 is ,may #c1 #bjah4 7,c7 ,incident period ,the incident period of the volcanic eruption and earthquakes referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such eruption and earthquakes and ending on ,august #ag1 #bjah4 7#i7 ,hawaii severe storms1 flooding1 landslides1 and mudslides 7,a7 ,hawaii severe storms1 flooding1 landslides1 and mudslides disaster area ,the term ,hawaii severe storms1 flooding1 landslides1 and mudslides disaster area means an area with respect to which1 during the period beginning on ,may #h1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the severe storms1 flooding1 landslides1 and mudslides occurring in ,hawaii during the period beginning on ,april #ac1 #bjah1 and ending on ,april #af1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the severe storms1 flooding1 landslides1 and mudslides referred to in subparagraph 7,a7 is ,april #ac1 #bjah4 7,c7 ,incident period ,the incident period of the severe storms1 flooding1 landslides1 and mudslides referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such severe storms1 flooding1 landslides1 and mudslides and ending on ,april #af1 #bjah4 7#aj7 ,wisconsin severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides 7,a7 ,wisconsin severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides disaster area ,the term ,wisconsin severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides disaster area means an area with respect to which1 during the period beginning on ,october #ah1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides occurring in ,wisconsin during the period beginning on ,august #ag1 #bjah1 and ending on ,september #ad1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides referred to in subparagraph 7,a7 is ,august #ag1 #bjah4 7,c7 ,incident period ,the incident period of the severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such severe storms1 tornadoes1 straight-line winds1 flooding1 and landslides and ending on ,september #ad1 #bjah4 7#aa7 ,texas severe storms and flooding 7,a7 ,texas severe storms and flooding disaster area ,the term ,texas severe storms and flooding disaster area means an area with respect to which1 during the period beginning on ,july #f1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the severe storms and flooding occurring in ,texas during the period beginning on ,june #ai1 #bjah1 and ending on ,july #ac1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the severe storms and flooding referred to in subparagraph 7,a7 is ,june #ai1 #bjah4 7,c7 ,incident period ,the incident period of the severe storms and flooding referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such severe storms and flooding and ending on ,july #ac1 #bjah4 7#ab7 ,north ,carolina tornado and severe storms 7,a7 ,north ,carolina tornado and severe storms disaster area ,the term ,north ,carolina tornado and severe storms disaster area means an area with respect to which1 during the period beginning on ,may #h1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the tornado and severe storms occurring in ,north ,carolina on ,april #ae1 #bjah4 7,b7 ,incident beginning date2 incident period ,the incident beginning date1 and the incident period1 of the tornado and severe storms referred to in subparagraph 7,a7 is ,april #ae1 #bjah4 7#ac7 ,indiana severe storms and flooding 7,a7 ,indiana severe storms and flooding disaster area ,the term ,indiana severe storms and flooding disaster area means an area with respect to which1 during the period beginning on ,may #d1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the severe storms and flooding occurring in ,indiana during the period beginning on ,february #ad1 #bjah1 and ending on ,march #d1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the severe storms and flooding referred to in subparagraph 7,a7 is ,february #ad1 #bjah4 7,c7 ,incident period ,the incident period of the severe storms and flooding referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such severe storms and flooding and ending on ,march #d1 #bjah4 7#ad7 ,alabama severe storms and tornadoes 7,a7 ,alabama severe storms and tornadoes disaster area ,the term ,alabama severe storms and tornadoes disaster area means an area with respect to which1 during the period beginning on ,april #bf1 #bjah1 and ending on ,december #ag1 #bjah1 a major disaster has been declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the severe storms and tornadoes occurring in ,alabama during the period beginning on ,march #ai1 #bjah1 and ending on ,march #bj1 #bjah4 7,b7 ,incident beginning date ,the incident beginning date of the severe storms and tornadoes referred to in subparagraph 7,a7 is ,march #ai1 #bjah4 7,c7 ,incident period ,the incident period of the severe storms and tornadoes referred to in subparagraph 7,a7 is the period beginning on the incident beginning date with respect to such severe storms and tornadoes and ending on ,march #bj1 #bjah4 7#ae7 ,tropical ,storm ,gita 7,a7 ,tropical ,storm ,gita disaster area ,the term ,tropical ,storm ,gita disaster area means an area with respect to which a major disaster has been declared by the ,president on or before ,december #ag1 #bjah1 under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of ,tropical ,storm ,gita4 7,b7 ,incident beginning date ,the incident beginning date of ,tropical ,storm ,gita is ,february #g1 #bjah4 7,c7 ,incident period ,the incident period of ,tropical ,storm ,gita is the period beginning on the incident beginning date of ,tropical ,storm ,gita and ending on ,february #ab1 #bjah4 #ajb4 ,special disaster-related rules for use of retirement funds 7a7 ,tax-,favored withdrawals from retirement plans 7#a7 ,in general ,section #gb7t7 of the ,internal ,revenue ,code of #aihf shall not apply to any qualified disaster distribution4 7#b7 ,aggregate dollar limitation 7,a7 ,in general ,for purposes of this subsection1 the aggregate amount of distributions received by an individual which may be treated as qualified disaster distributions for any taxable year shall not exceed the excess 7if any7 of-- 7i7 #ajj1jjj1 over 7ii7 the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years4 7,b7 ,treatment of plan distributions ,if a distribution to an individual would 7without regard to subparagraph 7,a77 be a qualified disaster distribution1 a plan shall not be treated as violating any requirement of the ,internal ,revenue ,code of #aihf merely because the plan treats such distribution as a qualified disaster distribution1 unless the aggregate amount of such distributions from all plans maintained by the employer 7and any member of any controlled group which includes the employer7 to such individual exceeds #ajj1jjj4 7,c7 ,controlled group ,for purposes of subparagraph 7,b71 the term controlled group means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7,d7 ,special rule for individuals affected by more than one disaster ,the limitation of subparagraph 7,a7 shall be applied separately with respect to distributions made with respect to each qualified disaster which is described in a separate paragraph of section #aja4 7#c7 ,amount distributed may be repaid 7,a7 ,in general ,any individual who receives a qualified disaster distribution may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 make #a or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af71 of the ,internal ,revenue ,code of #aihf1 as the case may be4 7,b7 ,treatment of repayments of distributions from eligible retirement plans other than ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan1 then the taxpayer shall1 to the extent of the amount of the contribution1 be treated as having received the qualified disaster distribution in an eligible rollover distribution 7as defined in section #djb7;c77#d7 of such ,code7 and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7,c7 ,treatment of repayments of distributions from ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified disaster distribution from an individual retirement plan 7as defined by section #ggja7;a77#cg7 of such ,code71 then1 to the extent of the amount of the contribution1 the qualified disaster distribution shall be treated as a distribution described in section #djh7;d77#c7 of such ,code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7#d7 ,definitions ,for purposes of this subsection-- 7,a7 ,qualified disaster distribution ,except as provided in paragraph 7#b71 the term qualified disaster distribution means any distribution from an eligible retirement plan made on or after the incident beginning date of a qualified disaster and before ,january #a1 #bjbj1 to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster4 7,b7 ,eligible retirement plan ,the term eligible retirement plan shall have the meaning given such term by section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,income inclusion spread over #c-year period 7,a7 ,in general ,in the case of any qualified disaster distribution1 unless the taxpayer elects not to have this paragraph apply for any taxable year1 any amount required to be included in gross income for such taxable year shall be so included ratably over the #c-taxable-year period beginning with such taxable year4 7,b7 ,special rule ,for purposes of subparagraph 7,a71 rules similar to the rules of subparagraph 7,e7 of section #djh;,a7d77#c7 of the ,internal ,revenue ,code of #aihf shall apply4 7#f7 ,special rules 7,a7 ,exemption of distributions from trustee to trustee transfer and withholding rules ,for purposes of sections #dja7;a77#ca71 #djb7;f71 and #cdje of the ,internal ,revenue ,code of #aihf1 qualified disaster distributions shall not be treated as eligible rollover distributions4 7,b7 ,qualified disaster distributions treated as meeting plan distribution requirements ,for purposes the ,internal ,revenue ,code of #aihf1 a qualified disaster distribution shall be treated as meeting the requirements of sections #dja7k77#b77;,b77,i71 #djc7;b77#g77;,a77ii71 #djc7;b77#aa71 and #deg7;d77#a77;,a7 of such ,code4 7b7 ,recontributions of withdrawals for home purchases 7#a7 ,recontributions 7,a7 ,in general ,any individual who received a qualified distribution may1 during the applicable period1 make #a or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan 7as defined in section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf7 of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 or #djh7;d77#c71 of such ,code1 as the case may be4 7,b7 ,treatment of repayments ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of subsection 7a77#c7 shall apply for purposes of this subsection4 7#b7 ,qualified distribution ,for purposes of this subsection1 the term qualified distribution means any distribution-- 7,a7 described in section #dja7k77#b77;,b77i77,,iv71 #djc7;b77#g77;,a77ii7 7but only to the extent such distribution relates to financial hardship71 #djc7;b77#aa77;,b71 or #gb7t77#b77;,f71 of the ,internal ,revenue ,code of #aihf1 7,b7 which was to be used to purchase or construct a principal residence in a qualified disaster area1 but which was not so used on account of the qualified disaster with respect to such area1 and 7,c7 which was received on or after ,january #a1 #bjah1 and before the date which is #cj days after the last day of the incident period of such qualified disaster4 7#c7 ,applicable period ,for purposes of this subsection1 the term applicable period means1 in the case of a principal residence in a qualified disaster area with respect to any qualified disaster1 the period beginning on the incident beginning date of such qualified disaster and ending on ,february #bh1 #bjai4 7c7 ,loans from qualified plans 7#a7 ,increase in limit on loans not treated as distributions ,in the case of any loan from a qualified employer plan 7as defined under section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7 to a qualified individual made during the period beginning on the date of the enactment of this ,act and ending on ,december #ca1 #bjai-- 7,a7 clause 7i7 of section #gb7p77#b77;,a7 of such ,code shall be applied by substituting #ajj1jjj for #ej1jjj1 and 7,b7 clause 7ii7 of such section shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan4 7#b7 ,delay of repayment ,in the case of a qualified individual 7with respect to any qualified disaster7 with an outstanding loan on or after the incident beginning date 7of such qualified disaster7 from a qualified employer plan 7as defined in section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7-- 7,a7 if the due date pursuant to subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 of such ,code for any repayment with respect to such loan occurs during the period beginning on the incident beginning date of such qualified disaster and ending on ,december #ca1 #bjai1 such due date shall be delayed for #a year1 7,b7 any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph 7#a7 and any interest accruing during such delay1 and 7,c7 in determining the #e-year period and the term of a loan under subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 of such ,code1 the period described in subparagraph 7,a7 of this paragraph shall be disregarded4 7#c7 ,qualified individual ,for purposes of this subsection1 the term qualified individual means any individual-- 7,a7 whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster1 and 7,b7 who has sustained an economic loss by reason of such qualified disaster4 7d7 ,provisions relating to plan amendments 7#a7 ,in general ,if this subsection applies to any amendment to any plan or annuity contract1 such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph 7#b77;,b77i74 7#b7 ,amendments to which subsection applies 7,a7 ,in general ,this subsection shall apply to any amendment to any plan or annuity contract which is made-- 7i7 pursuant to any provision of this section1 or pursuant to any regulation issued by the ,secretary or the ,secretary of ,labor under any provision of this section1 and 7ii7 on or before the last day of the first plan year beginning on or after ,january #a1 #bjbj1 or such later date as the ,secretary may prescribe4 ,in the case of a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf71 clause 7ii7 shall be applied by substituting the date which is #b years after the date otherwise applied under clause 7ii74 7,b7 ,conditions ,this subsection shall not apply to any amendment unless-- 7i7 during the period-- 7,i7 beginning on the date that this section or the regulation described in subparagraph 7,a77i7 takes effect 7or in the case of a plan or contract amendment not required by this section or such regulation1 the effective date specified by the plan71 and 7,,ii7 ending on the date described in subparagraph 7,a77ii7 7or1 if earlier1 the date the plan or contract amendment is adopted71 the plan or contract is operated as if such plan or contract amendment were in effect1 and 7ii7 such plan or contract amendment applies retroactively for such period4 #ajc4 ,employee retention credit for employers affected by qualified disasters 7a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the #bjah qualified disaster employee retention credit shall be treated as a credit listed in subsection 7b7 of such section4 ,for purposes of this subsection1 the #bjah qualified disaster employee retention credit for any taxable year is an amount equal to #dj percent of the qualified wages with respect to each eligible employee of such employer for such taxable year4 ,for purposes of the preceding sentence1 the amount of qualified wages which may be taken into account with respect to any individual shall not exceed #f1jjj4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,eligible employer ,the term eligible employer means any employer-- 7,a7 which conducted an active trade or business in a qualified disaster zone at any time during the incident period of the qualified disaster with respect to such qualified disaster zone1 and 7,b7 with respect to whom the trade or business described in subparagraph 7,a7 is inoperable at any time after the incident beginning date of such qualified disaster1 and before ,january #a1 #bjai1 as a result of damage sustained by reason of such qualified disaster4 7#b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment at any time during the incident period of the qualified disaster referred to in paragraph 7#a7 with such eligible employer was in the qualified disaster zone referred to in such paragraph4 7#c7 ,qualified wages ,the term qualified wages means wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 paid or incurred by an eligible employer with respect to an eligible employee at any time after the incident beginning date of the qualified disaster referred to in paragraph 7#a71 and before ,january #a1 #bjai1 which occurs during the period-- 7,a7 beginning on the date on which the trade or business described in paragraph 7#a7 first became inoperable at the principal place of employment of the employee immediately before the qualified disaster referred to in such paragraph1 and 7,b7 ending on the date on which such trade or business has resumed significant operations at such principal place of employment4 ,such term shall include wages paid without regard to whether the employee performs no services1 performs services at a different place of employment than such principal place of employment1 or performs services at such principal place of employment before significant operations have resumed4 7c7 ,certain rules to apply ,for purposes of this subsection1 rules similar to the rules of sections #ea7;i77#a71 #eb1 and #bhj;,c7a71 of the ,internal ,revenue ,code of #aihf1 shall apply4 7d7 ,employee not taken into account more than once ,an employee shall not be treated as an eligible employee for purposes of this subsection for any period with respect to any employer if such employer is allowed a credit under section #ea of the ,internal ,revenue ,code of #aihf with respect to such employee for such period4 #ajd4 ,other disaster-related tax relief provisions 7a7 ,temporary suspension of limitations on charitable contributions 7#a7 ,in general ,except as otherwise provided in paragraph 7#b71 subsection 7b7 of section #agj of the ,internal ,revenue ,code of #aihf shall not apply to qualified contributions and such contributions shall not be taken into account for purposes of applying subsections 7b7 and 7d7 of such section to other contributions4 7#b7 ,treatment of excess contributions ,for purposes of section #agj of the ,internal ,revenue ,code of #aihf-- 7,a7 ,individuals ,in the case of an individual-- 7i7 ,limitation ,any qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base 7as defined in subparagraph 7,h7 of section #agj7;b77#a7 of such ,code7 over the amount of all other charitable contributions allowed under section #agj7;b77#a7 of such ,code4 7ii7 ,carryover ,if the aggregate amount of qualified contributions made in the contribution year 7within the meaning of section #agj7;d77#a7 of such ,code7 exceeds the limitation of clause 7i71 such excess shall be added to the excess described in the portion of subparagraph 7,a7 of such section which precedes clause 7i7 thereof for purposes of applying such section4 7,b7 ,corporations ,in the case of a corporation-- 7i7 ,limitation ,any qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's taxable income 7as determined under paragraph 7#b7 of section #agj7;b7 of such ,code7 over the amount of all other charitable contributions allowed under such paragraph4 7ii7 ,carryover ,rules similar to the rules of subparagraph 7,a77ii7 shall apply for purposes of this subparagraph4 7#c7 ,qualified contributions 7,a7 ,in general ,for purposes of this subsection1 the term qualified contribution means any charitable contribution 7as defined in section #agj7;c7 of the ,internal ,revenue ,code of #aihf7 if-- 7i7 such contribution-- 7,i7 is paid during the period beginning on ,february #g1 #bjah1 and ending on ,december #ca1 #bjah1 in cash to an organization described in section #agj7;b77#a77;,a7 of such ,code1 and 7,,ii7 is made for relief efforts in one or more qualified disaster areas1 7ii7 the taxpayer obtains from such organization contemporaneous written acknowledgment 7within the meaning of section #agj7;f77#h7 of such ,code7 that such contribution was used 7or is to be used7 for relief efforts described in clause 7i77,,ii71 and 7iii7 the taxpayer has elected the application of this subsection with respect to such contribution4 7,b7 ,exception ,such term shall not include a contribution by a donor if the contribution is-- 7i7 to an organization described in section #eji7;a77#c7 of the ,internal ,revenue ,code of #aihf1 or 7ii7 for the establishment of a new1 or maintenance of an existing1 donor advised fund 7as defined in section #diff7;d77#b7 of such ,code74 7,c7 ,application of election to partnerships and ,s corporations ,in the case of a partnership or ,s corporation1 the election under subparagraph 7,a77iii7 shall be made separately by each partner or shareholder4 7b7 ,special rules for qualified disaster-related personal casualty losses 7#a7 ,in general ,if an individual has a net disaster loss for any taxable year-- 7,a7 the amount determined under section #afe7;h77#b77;,a77ii7 of the ,internal ,revenue ,code of #aihf shall be equal to the sum of-- 7i7 such net disaster loss1 and 7ii7 so much of the excess referred to in the matter preceding clause 7i7 of section #afe7;h77#b77;,a7 of such ,code 7reduced by the amount in clause 7i7 of this subparagraph7 as exceeds #aj percent of the adjusted gross income of the individual1 7,b7 section #afe7;h77#a7 of such ,code shall be applied by substituting #ejj for #ejj 7#ajj for taxable years beginning after ,december #ca1 #bjji71 7,c7 the standard deduction determined under section #fc7;c7 of such ,code shall be increased by the net disaster loss1 and 7,d7 section #ef7;b77#a77;,e7 of such ,code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph 7,c7 of this paragraph4 7#b7 ,net disaster loss ,for purposes of this subsection1 the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains 7as defined in section #afe7;h77#c77;,a7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,qualified disaster-related personal casualty losses ,for purposes of this subsection1 the term qualified disaster-related personal casualty losses means losses described in section #afe7;c77#c7 of the ,internal ,revenue ,code of #aihf which arise in a qualified disaster area on or after the incident beginning date of the qualified disaster to which such area relates1 and which are attributable to such qualified disaster4 7c7 ,special rule for determining earned income 7#a7 ,in general ,in the case of a qualified individual1 if the earned income of the taxpayer for the applicable taxable year is less than the earned income of the taxpayer for the preceding taxable year1 the credits allowed under sections #bd7;d7 and #cb of the ,internal ,revenue ,code of #aihf may1 at the election of the taxpayer1 be determined by substituting-- 7,a7 such earned income for the preceding taxable year1 for 7,b7 such earned income for the applicable taxable year4 7#b7 ,qualified individual ,for purposes of this subsection1 the term qualified individual means any individual whose principal place of abode at any time during the incident period of any qualified disaster was located-- 7,a7 in the qualified disaster zone with respect to such qualified disaster1 or 7,b7 in the qualified disaster area with respect to such qualified disaster 7but outside the qualified disaster zone with respect to such qualified disaster7 and such individual was displaced from such principal place of abode by reason of such qualified disaster4 7#c7 ,applicable taxable year ,the term applicable taxable year means1 with respect to any qualified individual1 any taxable year which includes any day during the incident period of the qualified disaster to which the qualified disaster area referred to in paragraph 7#b7 relates4 7#d7 ,earned income ,for purposes of this subsection1 the term earned income has the meaning given such term under section #cb7;c7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,special rules 7,a7 ,application to joint returns ,for purposes of paragraph 7#a71 in the case of a joint return for an applicable taxable year-- 7i7 such paragraph shall apply if either spouse is a qualified individual1 and 7ii7 the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year4 7,b7 ,uniform application of election ,any election made under paragraph 7#a7 shall apply with respect to both sections #bd7;d7 and #cb of the ,internal ,revenue ,code of #aihf4 7,c7 ,errors treated as mathematical error ,for purposes of section #fbac of the ,internal ,revenue ,code of #aihf1 an incorrect use on a return of earned income pursuant to paragraph 7#a7 shall be treated as a mathematical or clerical error4 7,d7 ,no effect on determination of gross income1 etc ,except as otherwise provided in this subsection1 the ,internal ,revenue ,code of #aihf shall be applied without regard to any substitution under paragraph 7#a74 #aje4 ,treatment of certain possessions 7a7 ,payments to ,guam and the ,commonwealth of the ,northern ,mariana ,islands ,the ,secretary of the ,treasury shall pay to ,guam and the ,commonwealth of the ,northern ,mariana ,islands amounts equal to the loss to that possession by reason of the application of the provisions of this title4 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7b7 ,payments to ,american ,samoa 7#a7 ,in general ,the ,secretary of the ,treasury shall pay to ,american ,samoa amounts estimated by the ,secretary of the ,treasury as being equal to the aggregate benefits that would have been provided to residents of ,american ,samoa by reason of the provisions of this title if a mirror code tax system had been in effect in ,american ,samoa4 ,the preceding sentence shall not apply unless ,american ,samoa has a plan1 which has been approved by the ,secretary of the ,treasury1 under which ,american ,samoa will promptly distribute such payments to its residents4 7#b7 ,mirror code tax system ,for purposes of this subsection1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7c7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 #ajf4 ,automatic extension of filing deadline 7a7 ,in general ,section #gejh;,a is amended by adding at the end the following new subsection3 7d7 ,mandatory #fj-;day extension ,in the case of-- 7#a7 any individual whose principal place of abode is in a disaster area 7as defined in section #afe7;i77#e77;,b771 and 7#b7 any taxpayer if the taxpayer's principal place of business 7other than the business of performing services of an employee7 is located in a disaster area 7as so defined71 the period beginning on the earliest incident date specified in the declaration to which such area relates and ending on the date which is #fj days after the latest incident date so specified shall be disregarded in the same manner as a period specified under subsection 7a74 4 7b7 ,effective date ,the amendment made by this section shall apply to ,federally declared disasters declared after ,december #ca1 #bjag4 ,,ii ,retirement and savings ,a ,expanding and preserving retirement savings #bja4 ,multiple employer plans2 pooled employer plans 7a7 ,qualification requirements 7#a7 ,in general ,section #dac is amended by adding at the end the following new subsection3 7e7 ,application of qualification requirements for certain multiple employer plans with pooled plan providers 7#a7 ,in general ,except as provided in paragraph 7#b71 if a defined contribution plan to which subsection 7c7 applies-- 7,a7 is maintained by employers which have a common interest other than having adopted the plan1 or 7,b7 in the case of a plan not described in subparagraph 7,a71 has a pooled plan provider1 then the plan shall not be treated as failing to meet the requirements under this title applicable to a plan described in section #dja7;a7 or to a plan that consists of individual retirement accounts described in section #djh 7including by reason of subsection 7c7 thereof71 whichever is applicable1 merely because one or more employers of employees covered by the plan fail to take such actions as are required of such employers for the plan to meet such requirements4 7#b7 ,limitations 7,a7 ,in general ,paragraph 7#a7 shall not apply to any plan unless the terms of the plan provide that in the case of any employer in the plan failing to take the actions described in paragraph 7#a7-- 7i7 the assets of the plan attributable to employees of such employer 7or beneficiaries of such employees7 will be transferred to a plan maintained only by such employer 7or its successor71 to an eligible retirement plan as defined in section #djb7;c77#h77;,b7 for each individual whose account is transferred1 or to any other arrangement that the ,secretary determines is appropriate1 unless the ,secretary determines it is in the best interests of the employees of such employer 7and the beneficiaries of such employees7 to retain the assets in the plan1 and 7ii7 such employer 7and not the plan with respect to which the failure occurred or any other employer in such plan7 shall1 except to the extent provided by the ,secretary1 be liable for any liabilities with respect to such plan attributable to employees of such employer 7or beneficiaries of such employees74 7,b7 ,failures by pooled plan providers ,if the pooled plan provider of a plan described in paragraph 7#a77;,b7 does not perform substantially all of the administrative duties which are required of the provider under paragraph 7#c77;,a77i7 for any plan year1 the ,secretary may provide that the determination as to whether the plan meets the requirements under this title applicable to a plan described in section #dja7;a7 or to a plan that consists of individual retirement accounts described in section #djh 7including by reason of subsection 7c7 thereof71 whichever is applicable1 shall be made in the same manner as would be made without regard to paragraph 7#a74 7#c7 ,pooled plan provider 7,a7 ,in general ,for purposes of this subsection1 the term pooled plan provider means1 with respect to any plan1 a person who-- 7i7 is designated by the terms of the plan as a named fiduciary 7within the meaning of section #djb7;a77#b7 of the ,employee ,retirement ,income ,security ,act of #aigd71 as the plan administrator1 and as the person responsible to perform all administrative duties 7including conducting proper testing with respect to the plan and the employees of each employer in the plan7 which are reasonably necessary to ensure that-- 7,i7 the plan meets any requirement applicable under the ,employee ,retirement ,income ,security ,act of #aigd or this title to a plan described in section #dja7;a7 or to a plan that consists of individual retirement accounts described in section #djh 7including by reason of subsection 7c7 thereof71 whichever is applicable1 and 7,,ii7 each employer in the plan takes such actions as the ,secretary or such person determines are necessary for the plan to meet the requirements described in subclause 7,i71 including providing to such person any disclosures or other information which the ,secretary may require or which such person otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements1 7ii7 registers as a pooled plan provider with the ,secretary1 and provides such other information to the ,secretary as the ,secretary may require1 before beginning operations as a pooled plan provider1 7iii7 acknowledges in writing that such person is a named fiduciary 7within the meaning of section #djb7;a77#b7 of the ,employee ,retirement ,income ,security ,act of #aigd71 and the plan administrator1 with respect to the plan1 and 7iv7 is responsible for ensuring that all persons who handle assets of1 or who are fiduciaries of1 the plan are bonded in accordance with section #dab of the ,employee ,retirement ,income ,security ,act of #aigd4 7,b7 ,audits1 examinations and investigations ,the ,secretary may perform audits1 examinations1 and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this subsection4 7,c7 ,aggregation rules ,for purposes of this paragraph1 in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan1 all persons who perform services for the plan and who are treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad shall be treated as one person4 7,d7 ,treatment of employers as plan sponsors ,except with respect to the administrative duties of the pooled plan provider described in subparagraph 7,a77i71 each employer in a plan which has a pooled plan provider shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer 7or beneficiaries of such employees74 7#d7 ,guidance ,the ,secretary shall issue such guidance as the ,secretary determines appropriate to carry out this subsection1 including guidance-- 7,a7 to identify the administrative duties and other actions required to be performed by a pooled plan provider under this subsection1 7,b7 which describes the procedures to be taken to terminate a plan which fails to meet the requirements to be a plan described in paragraph 7#a71 including the proper treatment of1 and actions needed to be taken by1 any employer in the plan and the assets and liabilities of the plan attributable to employees of such employer 7or beneficiaries of such employees71 and 7,c7 identifying appropriate cases to which the rules of paragraph 7#b77;,a7 will apply to employers in the plan failing to take the actions described in paragraph 7#a74 ,the ,secretary shall take into account under subparagraph 7,c7 whether the failure of an employer or pooled plan provider to provide any disclosures or other information1 or to take any other action1 necessary to administer a plan or to allow a plan to meet requirements applicable to the plan under section #dja7;a7 or #djh1 whichever is applicable1 has continued over a period of time that demonstrates a lack of commitment to compliance4 7#e7 ,model plan ,the ,secretary shall publish model plan language which meets the requirements of this subsection and of paragraphs 7#dc7 and 7#dd7 of section #c of the ,employee ,retirement ,income ,security ,act of #aigd and which may be adopted in order for a plan to be treated as a plan described in paragraph 7#a77;,b74 4 7#b7 ,conforming amendment ,section #dac7;c77#b7 is amended by striking section #dja7;a7 and inserting sections #dja7;a7 and #djh7;c74 7#c7 ,technical amendment ,section #djh7;c7 is amended by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,there is a separate accounting for any interest of an employee or member 7or spouse of an employee or member7 in a ,roth ,,ira4 4 7b7 ,no common interest required for pooled employer plans ,section #c7b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7b77 is amended by adding at the end the following3 7,c7 ,a pooled employer plan shall be treated as-- 7i7 a single employee pension benefit plan or single pension plan2 and 7ii7 a plan to which section #baj7;a7 applies4 4 7c7 ,pooled employer plan and provider defined 7#a7 ,in general ,section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7 is amended by adding at the end the following3 7#dc7 ,pooled employer plan 7,a7 ,in general ,the term pooled employer plan means a plan-- 7i7 which is an individual account plan established or maintained for the purpose of providing benefits to the employees of #b or more employers2 7ii7 which is a plan described in section #dja7;a7 of the ,internal ,revenue ,code of #aihf which includes a trust exempt from tax under section #eja7;a7 of such ,code or a plan that consists of individual retirement accounts described in section #djh of such ,code 7including by reason of subsection 7c7 thereof72 and 7iii7 the terms of which meet the requirements of subparagraph 7,b74 ,such term shall not include a plan maintained by employers which have a common interest other than having adopted the plan4 7,b7 ,requirements for plan terms ,the requirements of this subparagraph are met with respect to any plan if the terms of the plan-- 7i7 designate a pooled plan provider and provide that the pooled plan provider is a named fiduciary of the plan2 7ii7 designate one or more trustees meeting the requirements of section #djh7;a77#b7 of the ,internal ,revenue ,code of #aihf 7other than an employer in the plan7 to be responsible for collecting contributions to1 and holding the assets of1 the plan and require such trustees to implement written contribution collection procedures that are reasonable1 diligent1 and systematic2 7iii7 provide that each employer in the plan retains fiduciary responsibility for-- 7,i7 the selection and monitoring in accordance with section #djd7;a7 of the person designated as the pooled plan provider and any other person who1 in addition to the pooled plan provider1 is designated as a named fiduciary of the plan2 and 7,,ii7 to the extent not otherwise delegated to another fiduciary by the pooled plan provider and subject to the provisions of section #djd7;c71 the investment and management of the portion of the plan's assets attributable to the employees of the employer 7or beneficiaries of such employees72 7iv7 provide that employers in the plan1 and participants and beneficiaries1 are not subject to unreasonable restrictions1 fees1 or penalties with regard to ceasing participation1 receipt of distributions1 or otherwise transferring assets of the plan in accordance with section #bjh or paragraph 7#dd77;,c77i77,,ii72 7v7 require-- 7,i7 the pooled plan provider to provide to employers in the plan any disclosures or other information which the ,secretary may require1 including any disclosures or other information to facilitate the selection or any monitoring of the pooled plan provider by employers in the plan2 and 7,,ii7 each employer in the plan to take such actions as the ,secretary or the pooled plan provider determines are necessary to administer the plan or for the plan to meet any requirement applicable under this ,act or the ,internal ,revenue ,code of #aihf to a plan described in section #dja7;a7 of such ,code or to a plan that consists of individual retirement accounts described in section #djh of such ,code 7including by reason of subsection 7c7 thereof71 whichever is applicable1 including providing any disclosures or other information which the ,secretary may require or which the pooled plan provider otherwise determines are necessary to administer the plan or to allow the plan to meet such requirements2 and 7vi7 provide that any disclosure or other information required to be provided under clause 7v7 may be provided in electronic form and will be designed to ensure only reasonable costs are imposed on pooled plan providers and employers in the plan4 7,c7 ,exceptions ,the term pooled employer plan does not include-- 7i7 a multiemployer plan2 or 7ii7 a plan established before the date of the enactment of the ,retirement1 ,savings1 and ,other ,tax ,relief ,act of #bjah unless the plan administrator elects that the plan will be treated as a pooled employer plan and the plan meets the requirements of this title applicable to a pooled employer plan established on or after such date4 7,d7 ,treatment of employers as plan sponsors ,except with respect to the administrative duties of the pooled plan provider described in paragraph 7#dd77;,a77i71 each employer in a pooled employer plan shall be treated as the plan sponsor with respect to the portion of the plan attributable to employees of such employer 7or beneficiaries of such employees74 7#dd7 ,pooled plan provider 7,a7 ,in general ,the term pooled plan provider means a person who-- 7i7 is designated by the terms of a pooled employer plan as a named fiduciary1 as the plan administrator1 and as the person responsible for the performance of all administrative duties 7including conducting proper testing with respect to the plan and the employees of each employer in the plan7 which are reasonably necessary to ensure that-- 7,i7 the plan meets any requirement applicable under this ,act or the ,internal ,revenue ,code of #aihf to a plan described in section #dja7;a7 of such ,code or to a plan that consists of individual retirement accounts described in section #djh of such ,code 7including by reason of subsection 7c7 thereof71 whichever is applicable2 and 7,,ii7 each employer in the plan takes such actions as the ,secretary or pooled plan provider determines are necessary for the plan to meet the requirements described in subclause 7,i71 including providing the disclosures and information described in paragraph 7#dc77;,b77v77,,ii72 7ii7 registers as a pooled plan provider with the ,secretary1 and provides to the ,secretary such other information as the ,secretary may require1 before beginning operations as a pooled plan provider2 7iii7 acknowledges in writing that such person is a named fiduciary1 and the plan administrator1 with respect to the pooled employer plan2 and 7iv7 is responsible for ensuring that all persons who handle assets of1 or who are fiduciaries of1 the pooled employer plan are bonded in accordance with section #dab4 7,b7 ,audits1 examinations and investigations ,the ,secretary may perform audits1 examinations1 and investigations of pooled plan providers as may be necessary to enforce and carry out the purposes of this paragraph and paragraph 7#dc74 7,c7 ,guidance ,the ,secretary shall issue such guidance as the ,secretary determines appropriate to carry out this paragraph and paragraph 7#dc71 including guidance-- 7i7 to identify the administrative duties and other actions required to be performed by a pooled plan provider under either such paragraph2 and 7ii7 which requires in appropriate cases that if an employer in the plan fails to take the actions required under subparagraph 7,a77i77,,ii7-- 7,i7 the assets of the plan attributable to employees of such employer 7or beneficiaries of such employees7 are transferred to a plan maintained only by such employer 7or its successor71 to an eligible retirement plan as defined in section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf for each individual whose account is transferred1 or to any other arrangement that the ,secretary determines is appropriate in such guidance2 and 7,,ii7 such employer 7and not the plan with respect to which the failure occurred or any other employer in such plan7 shall1 except to the extent provided in such guidance1 be liable for any liabilities with respect to such plan attributable to employees of such employer 7or beneficiaries of such employees74 ,the ,secretary shall take into account under clause 7ii7 whether the failure of an employer or pooled plan provider to provide any disclosures or other information1 or to take any other action1 necessary to administer a plan or to allow a plan to meet requirements described in subparagraph 7,a77i77,,ii7 has continued over a period of time that demonstrates a lack of commitment to compliance4 ,the ,secretary may waive the requirements of subclause 7ii77,i7 in appropriate circumstances if the ,secretary determines it is in the best interests of the employees of the employer referred to in such clause 7and the beneficiaries of such employees7 to retain the assets in the plan with respect to which the employer's failure occurred4 7,d7 ,aggregation rules ,for purposes of this paragraph1 in determining whether a person meets the requirements of this paragraph to be a pooled plan provider with respect to any plan1 all persons who perform services for the plan and who are treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be treated as one person4 4 7#b7 ,bonding requirements for pooled employer plans ,the last sentence of section #dab7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaab7;a77 is amended by inserting or in the case of a pooled employer plan 7as defined in section #c7dc77 after section #djg7;d77#a774 7#c7 ,conforming and technical amendments ,section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7 is amended-- 7,a7 in paragraph 7#af77;,b7-- 7i7 by striking or at the end of clause 7ii72 and 7ii7 by striking the period at the end and inserting 1 or 7iv7 in the case of a pooled employer plan1 the pooled plan provider42 and 7,b7 by striking the second paragraph 7#da74 7d7 ,pooled employer and multiple employer plan reporting 7#a7 ,additional information ,section #ajc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajbc7 is amended-- 7,a7 in subsection 7a77#a77;,b71 by striking applicable subsections 7d71 7e71 and 7f7 and inserting applicable subsections 7d71 7e71 7f71 and 7g72 and 7,b7 by amending subsection 7g7 to read as follows3 7g7 ,additional information with respect to pooled employer and multiple employer plans ,an annual report under this section for a plan year shall include-- 7#a7 with respect to any plan to which section #baj7;a7 applies 7including a pooled employer plan71 a list of employers in the plan1 a good faith estimate of the percentage of total contributions made by such employers during the plan year1 and the aggregate account balances attributable to each employer in the plan 7determined as the sum of the account balances of the employees of such employer 7and the beneficiaries of such employees772 and 7#b7 with respect to a pooled employer plan1 the identifying information for the person designated under the terms of the plan as the pooled plan provider4 4 7#b7 ,simplified annual reports ,section #ajd7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajbd7;a77 is amended by striking paragraph 7#b77;,a7 and inserting the following3 7#b7 7,a7 ,with respect to annual reports required to be filed with the ,secretary under this part1 the ,secretary may by regulation prescribe simplified annual reports for any pension plan that-- 7i7 covers fewer than #ajj participants2 or 7ii7 is a plan described in section #baj7;a7 that covers fewer than #a1jjj participants1 but only if no single employer in the plan has #ajj or more participants covered by the plan4 4 7e7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjai4 7#b7 ,rule of construction ,nothing in the amendments made by subsection 7a7 shall be construed as limiting the authority of the ,secretary of the ,treasury or the ,secretary's delegate 7determined without regard to such amendments7 to provide for the proper treatment of a failure to meet any requirement applicable under the ,internal ,revenue ,code of #aihf with respect to one employer 7and its employees7 in a multiple employer plan4 #bjb4 ,rules relating to election of safe harbor #dja7k7 status 7a7 ,limitation of annual safe harbor notice to matching contribution plans 7#a7 ,in general ,section #dja7k77#ab77;,a7 is amended by striking if such arrangement and all that follows and inserting if such arrangement-- 7i7 meets the contribution requirements of subparagraph 7,b7 and the notice requirements of subparagraph 7,d71 or 7ii7 meets the contribution requirements of subparagraph 7,c74 4 7#b7 ,automatic contribution arrangements ,section #dja7k77#ac77;,b7 is amended by striking means and all that follows and inserting means a cash or deferred arrangement-- 7i7 which is described in subparagraph 7,d77i77,i7 and meets the applicable requirements of subparagraphs 7,c7 through 7,e71 or 7ii7 which is described in subparagraph 7,d77i77,,ii7 and meets the applicable requirements of subparagraphs 7,c7 and 7,d74 4 7b7 ,nonelective contributions ,section #dja7k77#ab7 is amended by redesignating subparagraph 7,f7 as subparagraph 7,g71 and by inserting after subparagraph 7,e7 the following new subparagraph3 7,f7 ,timing of plan amendment for employer making nonelective contributions 7i7 ,in general ,except as provided in clause 7ii71 a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph 7,c7 shall apply to the arrangement for the plan year1 but only if the amendment is adopted-- 7,i7 at any time before the #cjth day before the close of the plan year1 or 7,,ii7 at any time before the last day under paragraph 7#h77;,a7 for distributing excess contributions for the plan year4 7ii7 ,exception where plan provided for matching contributions ,clause 7i7 shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph 7,b7 or paragraph 7#ac77;,d77i77,i7 applied to the plan year4 7iii7 #d-percent contribution requirement ,clause 7i77,,ii7 shall not apply to an arrangement unless the amount of the contributions described in subparagraph 7,c7 which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least #d percent of the employee's compensation4 4 7c7 ,automatic contribution arrangements ,section #dja7k77#ac7 is amended by adding at the end the following3 7,f7 ,timing of plan amendment for employer making nonelective contributions 7i7 ,in general ,except as provided in clause 7ii71 a plan may be amended after the beginning of a plan year to provide that the requirements of subparagraph 7,d77i77,,ii7 shall apply to the arrangement for the plan year1 but only if the amendment is adopted-- 7,i7 at any time before the #cjth day before the close of the plan year1 or 7,,ii7 at any time before the last day under paragraph 7#h77;,a7 for distributing excess contributions for the plan year4 7ii7 ,exception where plan provided for matching contributions ,clause 7i7 shall not apply to any plan year if the plan provided at any time during the plan year that the requirements of subparagraph 7,d77i77,i7 or paragraph 7#ab77;,b7 applied to the plan year4 7iii7 #d-percent contribution requirement ,clause 7i77,,ii7 shall not apply to an arrangement unless the amount of the contributions described in subparagraph 7,d77i77,,ii7 which the employer is required to make under the arrangement for the plan year with respect to any employee is an amount equal to at least #d percent of the employee's compensation4 4 7d7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjah4 #bjc4 ,certain taxable non-tuition fellowship and stipend payments treated as compensation for ,,ira purposes 7a7 ,in general ,section #bai7;f77#a7 is amended by adding at the end the following3 ,the term compensation shall include any amount included in gross income and paid to an individual to aid the individual in the pursuit of graduate or postdoctoral study44 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjah4 #bjd4 ,repeal of maximum age for traditional ,,ira contributions 7a7 ,in general ,section #bai7;d7 is amended by striking paragraph 7#a74 7b7 ,conforming amendment ,section #djh;,a7c7 is amended by striking paragraph 7#d7 and by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively4 7c7 ,effective date ,the amendments made by this section shall apply to contributions made for taxable years beginning after ,december #ca1 #bjah4 #bje4 ,qualified employer plans prohibited from making loans through credit cards and other similar arrangements 7a7 ,in general ,section #gb7p77#b7 is amended by redesignating subparagraph 7,d7 as subparagraph 7,e7 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 ,prohibition of loans through credit cards and other similar arrangements ,notwithstanding subparagraph 7,a71 paragraph 7#a7 shall apply to any loan which is made through the use of any credit card or any other similar arrangement4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to loans made after the date of the enactment of this ,act4 #bjf4 ,portability of lifetime income investments 7a7 ,in general ,section #dja7;a7 is amended by inserting after paragraph 7#cg7 the following new paragraph3 7#ch7 ,portability of lifetime income investments 7,a7 ,in general ,except as may be otherwise provided by regulations1 a trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing-- 7i7 qualified distributions of a lifetime income investment1 or 7ii7 distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract1 on or after the date that is #ij days prior to the date on which such lifetime income investment is no longer authorized to be held as an investment option under the plan4 7,b7 ,definitions ,for purposes of this subsection-- 7i7 the term qualified distribution means a direct trustee-to-trustee transfer described in paragraph 7#ca77;,a7 to an eligible retirement plan 7as defined in section #djb7;c77#h77;,b771 7ii7 the term lifetime income investment means an investment option which is designed to provide an employee with election rights-- 7,i7 which are not uniformly available with respect to other investment options under the plan1 and 7,,ii7 which are to a lifetime income feature available through a contract or other arrangement offered under the plan 7or under another eligible retirement plan 7as so defined71 if paid by means of a direct trustee-to-trustee transfer described in paragraph 7#ca77;,a7 to such other eligible retirement plan71 7iii7 the term lifetime income feature means-- 7,i7 a feature which guarantees a minimum level of income annually 7or more frequently7 for at least the remainder of the life of the employee or the joint lives of the employee and the employee's designated beneficiary1 or 7,,ii7 an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments 7not less frequently than annually7 over the life of the employee or the joint lives of the employee and the employee's designated beneficiary1 and 7iv7 the term qualified plan distribution annuity contract means an annuity contract purchased for a participant and distributed to the participant by a plan or contract described in subparagraph 7,b7 of section #djb7;c77#h7 7without regard to clauses 7i7 and 7ii7 thereof74 4 7b7 ,cash or deferred arrangement 7#a7 ,in general ,section #dja7k77#b77;,b77i7 is amended by striking or at the end of subclause 7,,iv71 by striking and at the end of subclause 7,v7 and inserting or1 and by adding at the end the following new subclause3 7,,vi7 except as may be otherwise provided by regulations1 with respect to amounts invested in a lifetime income investment 7as defined in subsection 7a77#ch77;,b77ii771 the date that is #ij days prior to the date that such lifetime income investment may no longer be held as an investment option under the arrangement1 and 4 7#b7 ,distribution requirement ,section #dja7k77#b77;,b71 as amended by paragraph 7#a71 is amended by striking and at the end of clause 7i71 by striking the semicolon at the end of clause 7ii7 and inserting 1 and1 and by adding at the end the following new clause3 7iii7 except as may be otherwise provided by regulations1 in the case of amounts described in clause 7i77,,vi71 will be distributed only in the form of a qualified distribution 7as defined in subsection 7a77#ch77;,b77i77 or a qualified plan distribution annuity contract 7as defined in subsection 7a77#ch77;,b77iv771 4 7c7 ,section #djc7;b7 plans 7#a7 ,annuity contracts ,section #djc7;b77#aa7 is amended by striking or at the end of subparagraph 7,b71 by striking the period at the end of subparagraph 7,c7 and inserting 1 or1 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 except as may be otherwise provided by regulations1 with respect to amounts invested in a lifetime income investment 7as defined in section #dja7;a77#ch77;,b77ii77-- 7i7 on or after the date that is #ij days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract1 and 7ii7 in the form of a qualified distribution 7as defined in section #dja7;a77#ch77;,b77i77 or a qualified plan distribution annuity contract 7as defined in section #dja7;a77#ch77;,b77iv774 4 7#b7 ,custodial accounts ,section #djc7;b77#g77;,a7 is amended by striking if-- and all that follows and inserting if the amounts are to be invested in regulated investment company stock to be held in that custodial account1 and under the custodial account-- 7i7 no such amounts may be paid or made available to any distributee 7unless such amount is a distribution to which section #gb7t77#b77;,g7 applies7 before-- 7,i7 the employee dies1 7,,ii7 the employee attains age #ei1 7,,iii7 the employee has a severance from employment1 7,,iv7 the employee becomes disabled 7within the meaning of section #gb7m77#g771 7,v7 in the case of contributions made pursuant to a salary reduction agreement 7within the meaning of section #caba7;a77#e77;,d771 the employee encounters financial hardship1 or 7,,vi7 except as may be otherwise provided by regulations1 with respect to amounts invested in a lifetime income investment 7as defined in section #dja7;a77#ch77;,b77ii771 the date that is #ij days prior to the date that such lifetime income investment may no longer be held as an investment option under the contract1 and 7ii7 in the case of amounts described in clause 7i77,,vi71 such amounts will be distributed only in the form of a qualified distribution 7as defined in section #dja7;a77#ch77;,b77i77 or a qualified plan distribution annuity contract 7as defined in section #dja7;a77#ch77;,b77iv774 4 7d7 ,eligible deferred compensation plans 7#a7 ,in general ,section #deg7;d77#a77;,a7 is amended by striking or at the end of clause 7ii71 by inserting or at the end of clause 7iii71 and by adding after clause 7iii7 the following3 7iv7 except as may be otherwise provided by regulations1 in the case of a plan maintained by an employer described in subsection 7e77#a77;,a71 with respect to amounts invested in a lifetime income investment 7as defined in section #dja7;a77#ch77;,b77ii771 the date that is #ij days prior to the date that such lifetime income investment may no longer be held as an investment option under the plan1 4 7#b7 ,distribution requirement ,section #deg7;d77#a7 is amended by striking and at the end of subparagraph 7,b71 by striking the period at the end of subparagraph 7,c7 and inserting 1 and1 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 except as may be otherwise provided by regulations1 in the case of amounts described in subparagraph 7,a77iv71 such amounts will be distributed only in the form of a qualified distribution 7as defined in section #dja7;a77#ch77;,b77i77 or a qualified plan distribution annuity contract 7as defined in section #dja7;a77#ch77;,b77iv774 4 7e7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjah4 #bjg4 ,treatment of custodial accounts on termination of section #djc7;b7 plans ,not later than six months after the date of enactment of this ,act1 the ,secretary of the ,treasury shall issue guidance to provide that1 if an employer terminates the plan under which amounts are contributed to a custodial account under subparagraph 7,a7 of section #djc7;b77#g71 the plan administrator or custodian may distribute an individual custodial account in kind to a participant or beneficiary of the plan and the distributed custodial account shall be maintained by the custodian on a tax-deferred basis as a section #djc7;b77#g7 custodial account1 similar to the treatment of fully-paid individual annuity contracts under ,revenue ,ruling #bjaa-g1 until amounts are actually paid to the participant or beneficiary4 ,the guidance shall provide further 7i7 that the section #djc7;b77#g7 status of the distributed custodial account is generally maintained if the custodial account thereafter adheres to the requirements of section #djc7;b7 that are in effect at the time of the distribution of the account and 7ii7 that a custodial account would not be considered distributed to the participant or beneficiary if the employer has any material retained rights under the account 7but the employer would not be treated as retaining material rights simply because the custodial account was originally opened under a group contract74 #bjh4 ,clarification of retirement income account rules relating to church-controlled organizations 7a7 ,in general ,section #djc7;b77#i77;,b7 is amended by inserting 7including an employee described in section #dad7;e77#c77;,b77 after employee described in paragraph 7#a74 7b7 ,effective date ,the amendment made by this section shall apply to years beginning before1 on1 or after the date of the enactment of this ,act4 #bji4 ,increase in #aj percent cap for automatic enrollment safe harbor after #ast plan year 7a7 ,in general ,section #dja7k77#ac77;,c77iii7 is amended by striking does not exceed #aj percent and inserting does not exceed #ae percent 7#aj percent during the period described in subclause 7,i774 7b7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjah4 #baj4 ,increase in credit limitation for small employer pension plan startup costs 7a7 ,in general ,paragraph 7#a7 of section #de;,e7b7 is amended to read as follows3 7#a7 for the first credit year and each of the #b taxable years immediately following the first credit year1 the greater of-- 7,a7 #ejj1 or 7,b7 the lesser of-- 7i7 #bej for each employee of the eligible employer who is not a highly compensated employee 7as defined in section #dad7q77 and who is eligible to participate in the eligible employer plan maintained by the eligible employer1 or 7ii7 #a1ejj1 and 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjah4 #baa4 ,small employer automatic enrollment credit 7a7 ,in general ,section #de;,e is amended by adding at the end the following new subsection3 7f7 ,credit for auto-enrollment option for retirement savings options 7#a7 ,in general ,the credit allowed under subsection 7a7 for any taxable year during an eligible employer's retirement auto-enrollment credit period shall be increased 7without regard to subsection 7b77 by #ejj4 7#b7 ,retirement auto-enrollment credit period 7,a7 ,in general ,the retirement auto-enrollment credit period with respect to any eligible employer is the #c-taxable-year period beginning with the first taxable year for which the employer includes an eligible automatic contribution arrangement 7as defined in section #dad7w77#c77 in a qualified employer plan 7as defined in section #digb7;d77 sponsored by the employer4 7,b7 ,maintenance of arrangement ,no taxable year with respect to an employer shall be treated as occurring within the retirement auto-enrollment credit period unless the arrangement described in subparagraph 7,a7 is included in the plan for such year4 7#c7 ,not limited to new plans ,this subsection shall be applied without regard to subsection 7c77#b74 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjah4 #bab4 ,exemption from required minimum distribution rules for individuals with certain account balances 7a7 ,in general ,section #dja7;a77#i7 is amended by adding at the end the following new subparagraph3 7,h7 ,exception from required minimum distributions during life of employee where assets do not exceed #ej1jjj 7i7 ,in general ,if on the last day of any calendar year the aggregate value of an employee's entire interest under all applicable eligible retirement plans does not exceed #ej1jjj1 then the requirements of subparagraph 7,a7 with respect to any distribution relating to such year shall not apply with respect to such employee4 7ii7 ,applicable eligible retirement plan ,for purposes of this subparagraph1 the term applicable eligible retirement plan means an eligible retirement plan 7as defined in section #djb7;c77#h77;,b77 other than a defined benefit plan4 7iii7 ,limit on required minimum distribution ,the required minimum distribution determined under subparagraph 7,a7 for an employee under all applicable eligible retirement plans shall not exceed an amount equal to the excess of-- 7,i7 the aggregate value of an employee's entire interest under such plans on the last day of the calendar year to which such distribution relates1 over 7,,ii7 the dollar amount in effect under clause 7i7 for such calendar year4 ,the ,secretary in regulations or other guidance may provide how such amount shall be distributed in the case of an individual with more than one applicable eligible retirement plan4 7iv7 ,inflation adjustment ,in the case of any calendar year beginning after #bjai1 the #ej1jjj amount in clause 7i7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost of living adjustment determined under section #a7;f77#c7 for the calendar year1 determined by substituting calendar year #bjah for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,any increase determined under this clause shall be rounded to the next lowest multiple of #e1jjj4 7v7 ,plan administrator reliance on employee certification ,an applicable eligible retirement plan described in clause 7iii71 7iv71 7v71 or 7vi7 of section #djb7;c77#h77;,b7 shall not be treated as failing to meet the requirements of this paragraph in the case of any failure to make a required minimum distribution for a calendar year if-- 7,i7 the aggregate value of an employee's entire interest under all applicable eligible retirement plans of the employer on the last day of the calendar year to which such distribution relates does not exceed the dollar amount in effect for such year under clause 7i71 and 7,,ii7 the employee certifies that the aggregate value of the employee's entire interest under all applicable eligible retirement plans on the last day of the calendar year to which such distribution relates did not exceed the dollar amount in effect for such year under clause 7i74 7vi7 ,aggregation rule ,all employers treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad shall be treated as a single employer for purposes of clause 7v74 4 7b7 ,plan administrator reporting ,section #fjdg is amended by redesignating subsection 7h7 as subsection 7i7 and by inserting after subsection 7g7 the following new subsection3 7h7 ,account balance for participants who have attained age #fi 7#a7 ,in general ,not later than ,january #ca of each year1 the plan administrator 7as defined in section #dad7;g77 of each applicable eligible retirement plan 7as defined in section #dja7;a77#i77;,h77 shall make a return to the ,secretary with respect to each participant of such plan who has attained age #fi as of the end of the preceding calendar year which states-- 7,a7 the name and plan number of the plan1 7,b7 the name and address of the plan administrator1 7,c7 the name1 address1 and taxpayer identification number of the participant1 and 7,d7 the account balance of such participant as of the end of the preceding calendar year4 7#b7 ,statement furnished to participant ,every person required to make a return under paragraph 7#a7 with respect to a participant shall furnish a copy of such return to such participant4 7#c7 ,application to individual retirement plans and annuities ,in the case of an applicable eligible retirement plan described in clause 7i7 or 7ii7 of section #djb7;c77#h77;,b7-- 7,a7 any reference in this subsection to the plan administrator shall be treated as a reference to the trustee or issuer1 as the case may be1 and 7,b7 any reference in this subsection to the participant shall be treated as a reference to the individual for whom such account or annuity is maintained4 4 7c7 ,effective date ,the amendments made by this section shall apply to distributions required to be made in calendar years beginning more than #abj days after the date of the enactment of this ,act4 #bac4 ,elective deferrals by members of the ,ready ,reserve of a reserve component of the ,armed ,forces 7a7 ,in general ,section #djb7;g7 is amended by adding at the end the following new paragraph3 7#i7 ,elective deferrals by members of ,ready ,reserve 7,a7 ,in general ,in the case of a qualified ready reservist for any taxable year1 the limitations of subparagraphs 7,a7 and 7,c7 of paragraph 7#a7 shall be applied separately with respect to-- 7i7 elective deferrals of such qualified ready reservist with respect to compensation described in subparagraph 7,b71 and 7ii7 all other elective deferrals of such qualified ready reservist4 7,b7 ,qualified ready reservist ,for purposes of this paragraph1 the term qualified ready reservist means any individual for any taxable year if such individual received compensation for service as a member of the ,ready ,reserve of a reserve component 7as defined in section #aja of title #cg1 ,united ,states ,code7 during such taxable year4 4 7b7 ,effective date ,the amendment made by this section shall apply to plan years beginning after ,december #ca1 #bjah4 ,b ,administrative improvements #bba4 ,plan adopted by filing due date for year may be treated as in effect as of close of year 7a7 ,in general ,section #dja7;b7 is amended-- 7#a7 by striking retroactive changes in plan4--,a stock bonus and inserting 8plan amendments4-- 7#a7 ,certain retroactive changes in plan ,a stock bonus 1 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,adoption of plan ,if an employer adopts a stock bonus1 pension1 profit-sharing1 or annuity plan after the close of a taxable year but before the time prescribed by law for filing the employer's return of tax for the taxable year 7including extensions thereof71 the employer may elect to treat the plan as having been adopted as of the last day of the taxable year4 4 7b7 ,effective date ,the amendments made by this section shall apply to plans adopted for taxable years beginning after ,december #ca1 #bjah4 #bbb4 ,modification of nondiscrimination rules to protect older1 longer service participants 7a7 ,in general ,section #dja is amended-- 7#a7 by redesignating subsection 7o7 as subsection 7p71 and 7#b7 by inserting after subsection 7n7 the following new subsection3 7o7 ,special rules for applying nondiscrimination rules to protect older1 longer service and grandfathered participants 7#a7 ,testing of defined benefit plans with closed classes of participants 7,a7 ,benefits1 rights1 or features provided to closed classes ,a defined benefit plan which provides benefits1 rights1 or features to a closed class of participants shall not fail to satisfy the requirements of subsection 7a77#d7 by reason of the composition of such closed class or the benefits1 rights1 or features provided to such closed class1 if-- 7i7 for the plan year as of which the class closes and the #b succeeding plan years1 such benefits1 rights1 and features satisfy the requirements of subsection 7a77#d7 7without regard to this subparagraph but taking into account the rules of subparagraph 7,i771 7ii7 after the date as of which the class was closed1 any plan amendment which modifies the closed class or the benefits1 rights1 and features provided to such closed class does not discriminate significantly in favor of highly compensated employees1 and 7iii7 the class was closed before ,april #e1 #bjag1 or the plan is described in subparagraph 7,c74 7,b7 ,aggregate testing with defined contribution plans permitted on a benefits basis 7i7 ,in general ,for purposes of determining compliance with subsection 7a77#d7 and section #daj7;b71 a defined benefit plan described in clause 7iii7 may be aggregated and tested on a benefits basis with #a or more defined contribution plans1 including with the portion of #a or more defined contribution plans which-- 7,i7 provides matching contributions 7as defined in subsection 7m77#d77;,a771 7,,ii7 provides annuity contracts described in section #djc7;b7 which are purchased with matching contributions or nonelective contributions1 or 7,,iii7 consists of an employee stock ownership plan 7within the meaning of section #dige7;e77#g77 or a tax credit employee stock ownership plan 7within the meaning of section #dji7;a774 7ii7 ,special rules for matching contributions ,for purposes of clause 7i71 if a defined benefit plan is aggregated with a portion of a defined contribution plan providing matching contributions-- 7,i7 such defined benefit plan must also be aggregated with any portion of such defined contribution plan which provides elective deferrals described in subparagraph 7,a7 or 7,c7 of section #djb7;g77#c71 and 7,,ii7 such matching contributions shall be treated in the same manner as nonelective contributions1 including for purposes of applying the rules of subsection 7l74 7iii7 ,plans described ,a defined benefit plan is described in this clause if-- 7,i7 the plan provides benefits to a closed class of participants1 7,,ii7 for the plan year as of which the class closes and the #b succeeding plan years1 the plan satisfies the requirements of section #daj7;b7 and subsection 7a77#d7 7without regard to this subparagraph but taking into account the rules of subparagraph 7,i771 7,,iii7 after the date as of which the class was closed1 any plan amendment which modifies the closed class or the benefits provided to such closed class does not discriminate significantly in favor of highly compensated employees1 and 7,,iv7 the class was closed before ,april #e1 #bjag1 or the plan is described in subparagraph 7,c74 7,c7 ,plans described ,a plan is described in this subparagraph if1 taking into account any predecessor plan-- 7i7 such plan has been in effect for at least #e years as of the date the class is closed1 and 7ii7 during the #e-year period preceding the date the class is closed1 there has not been a substantial increase in the coverage or value of the benefits1 rights1 or features described in subparagraph 7,a7 or in the coverage or benefits under the plan described in subparagraph 7,b77iii7 7whichever is applicable74 7,d7 ,determination of substantial increase for benefits1 rights1 and features ,in applying subparagraph 7,c77ii7 for purposes of subparagraph 7,a77iii71 a plan shall be treated as having had a substantial increase in coverage or value of the benefits1 rights1 or features described in subparagraph 7,a7 during the applicable #e-year period only if1 during such period-- 7i7 the number of participants covered by such benefits1 rights1 or features on the date such period ends is more than #ej percent greater than the number of such participants on the first day of the plan year in which such period began1 or 7ii7 such benefits1 rights1 and features have been modified by #a or more plan amendments in such a way that1 as of the date the class is closed1 the value of such benefits1 rights1 and features to the closed class as a whole is substantially greater than the value as of the first day of such #e-year period1 solely as a result of such amendments4 7,e7 ,determination of substantial increase for aggregate testing on benefits basis ,in applying subparagraph 7,c77ii7 for purposes of subparagraph 7,b77iii77,,iv71 a plan shall be treated as having had a substantial increase in coverage or benefits during the applicable #e-year period only if1 during such period-- 7i7 the number of participants benefitting under the plan on the date such period ends is more than #ej percent greater than the number of such participants on the first day of the plan year in which such period began1 or 7ii7 the average benefit provided to such participants on the date such period ends is more than #ej percent greater than the average benefit provided on the first day of the plan year in which such period began4 7,f7 ,certain employees disregarded ,for purposes of subparagraphs 7,d7 and 7,e71 any increase in coverage or value or in coverage or benefits1 whichever is applicable1 which is attributable to such coverage and value or coverage and benefits provided to employees-- 7i7 who became participants as a result of a merger1 acquisition1 or similar event which occurred during the #g-year period preceding the date the class is closed1 or 7ii7 who became participants by reason of a merger of the plan with another plan which had been in effect for at least #e years as of the date of the merger1 shall be disregarded1 except that clause 7ii7 shall apply for purposes of subparagraph 7,d7 only if1 under the merger1 the benefits1 rights1 or features under #a plan are conformed to the benefits1 rights1 or features of the other plan prospectively4 7,g7 ,rules relating to average benefit ,for purposes of subparagraph 7,e7-- 7i7 the average benefit provided to participants under the plan will be treated as having remained the same between the #b dates described in subparagraph 7,e77ii7 if the benefit formula applicable to such participants has not changed between such dates1 and 7ii7 if the benefit formula applicable to #a or more participants under the plan has changed between such #b dates1 then the average benefit under the plan shall be considered to have increased by more than #ej percent only if-- 7,i7 the total amount determined under section #dcj7;b77#a77;,a77i7 for all participants benefitting under the plan for the plan year in which the #e-year period described in subparagraph 7,e7 ends1 exceeds 7,,ii7 the total amount determined under section #dcj7;b77#a77;,a77i7 for all such participants for such plan year1 by using the benefit formula in effect for each such participant for the first plan year in such #e-year period1 by more than #ej percent4 ,in the case of a ,,csec plan 7as defined in section #dad7y771 the normal cost of the plan 7as determined under section #dcc7;j77#a77;,b77 shall be used in lieu of the amount determined under section #dcj7;b77#a77;,a77i74 7,h7 ,treatment as single plan ,for purposes of subparagraphs 7,e7 and 7,g71 a plan described in section #dac7;c7 shall be treated as a single plan rather than as separate plans maintained by each employer in the plan4 7,i7 ,special rules ,for purposes of subparagraphs 7,a77i7 and 7,b77iii77,,ii71 the following rules shall apply3 7i7 ,in applying section #daj7;b77#f77;,c71 the closing of the class of participants shall not be treated as a significant change in coverage under section #daj7;b77#f77;,c77i77,,ii74 7ii7 #b or more plans shall not fail to be eligible to be aggregated and treated as a single plan solely by reason of having different plan years4 7iii7 ,changes in the employee population shall be disregarded to the extent attributable to individuals who become employees or cease to be employees1 after the date the class is closed1 by reason of a merger1 acquisition1 divestiture1 or similar event4 7iv7 ,aggregation and all other testing methodologies otherwise applicable under subsection 7a77#d7 and section #daj7;b7 may be taken into account4 ,the rule of clause 7ii7 shall also apply for purposes of determining whether plans to which subparagraph 7,b77i7 applies may be aggregated and treated as #a plan for purposes of determining whether such plans meet the requirements of subsection 7a77#d7 and section #daj7;b74 7,j7 ,spun-off plans ,for purposes of this paragraph1 if a portion of a defined benefit plan described in subparagraph 7,a7 or 7,b77iii7 is spun off to another employer and the spun-off plan continues to satisfy the requirements of-- 7i7 subparagraph 7,a77i7 or 7,b77iii77,,ii71 whichever is applicable1 if the original plan was still within the #c-year period described in such subparagraph at the time of the spin off1 and 7ii7 subparagraph 7,a77ii7 or 7,b77iii77,,iii71 whichever is applicable1 the treatment under subparagraph 7,a7 or 7,b7 of the spun-off plan shall continue with respect to such other employer4 7#b7 ,testing of defined contribution plans 7,a7 ,testing on a benefits basis ,a defined contribution plan shall be permitted to be tested on a benefits basis if-- 7i7 such defined contribution plan provides make-whole contributions to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated1 7ii7 for the plan year of the defined contribution plan as of which the class eligible to receive such make-whole contributions closes and the #b succeeding plan years1 such closed class of participants satisfies the requirements of section #daj7;b77#b77;,a77i7 7determined by applying the rules of paragraph 7#a77;,i771 7iii7 after the date as of which the class was closed1 any plan amendment to the defined contribution plan which modifies the closed class or the allocations1 benefits1 rights1 and features provided to such closed class does not discriminate significantly in favor of highly compensated employees1 and 7iv7 the class was closed before ,april #e1 #bjag1 or the defined benefit plan under clause 7i7 is described in paragraph 7#a77;,c7 7as applied for purposes of paragraph 7#a77;,b77iii77,,iv774 7,b7 ,aggregation with plans including matching contributions 7i7 ,in general ,with respect to #a or more defined contribution plans described in subparagraph 7,a71 for purposes of determining compliance with subsection 7a77#d7 and section #daj7;b71 the portion of such plans which provides make-whole contributions or other nonelective contributions may be aggregated and tested on a benefits basis with the portion of #a or more other defined contribution plans which-- 7,i7 provides matching contributions 7as defined in subsection 7m77#d77;,a771 7,,ii7 provides annuity contracts described in section #djc7;b7 which are purchased with matching contributions or nonelective contributions1 or 7,,iii7 consists of an employee stock ownership plan 7within the meaning of section #dige7;e77#g77 or a tax credit employee stock ownership plan 7within the meaning of section #dji7;a774 7ii7 ,special rules for matching contributions ,rules similar to the rules of paragraph 7#a77;,b77ii7 shall apply for purposes of clause 7i74 7,c7 ,special rules for testing defined contribution plan features providing matching contributions to certain older1 longer service participants ,in the case of a defined contribution plan which provides benefits1 rights1 or features to a closed class of participants whose accruals under a defined benefit plan have been reduced or eliminated1 the plan shall not fail to satisfy the requirements of subsection 7a77#d7 solely by reason of the composition of the closed class or the benefits1 rights1 or features provided to such closed class if the defined contribution plan and defined benefit plan otherwise meet the requirements of subparagraph 7,a7 but for the fact that the make-whole contributions under the defined contribution plan are made in whole or in part through matching contributions4 7,d7 ,spun-off plans ,for purposes of this paragraph1 if a portion of a defined contribution plan described in subparagraph 7,a7 or 7,c7 is spun off to another employer1 the treatment under subparagraph 7,a7 or 7,c7 of the spun-off plan shall continue with respect to the other employer if such plan continues to comply with the requirements of clauses 7ii7 7if the original plan was still within the #c-year period described in such clause at the time of the spin off7 and 7iii7 of subparagraph 7,a71 as determined for purposes of subparagraph 7,a7 or 7,c71 whichever is applicable4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 ,make-whole contributions ,except as otherwise provided in paragraph 7#b77;,c71 the term make-whole contributions means nonelective allocations for each employee in the class which are reasonably calculated1 in a consistent manner1 to replace some or all of the retirement benefits which the employee would have received under the defined benefit plan and any other plan or qualified cash or deferred arrangement under subsection 7k77#b7 if no change had been made to such defined benefit plan and such other plan or arrangement4 ,for purposes of the preceding sentence1 consistency shall not be required with respect to employees who were subject to different benefit formulas under the defined benefit plan4 7,b7 ,references to closed class of participants ,references to a closed class of participants and similar references to a closed class shall include arrangements under which #a or more classes of participants are closed1 except that #a or more classes of participants closed on different dates shall not be aggregated for purposes of determining the date any such class was closed4 7,c7 ,highly compensated employee ,the term highly compensated employee has the meaning given such term in section #dad7q74 4 7b7 ,participation requirements ,section #dja7;a77#bf7 is amended by adding at the end the following new subparagraph3 7,i7 ,protected participants 7i7 ,in general ,a plan shall be deemed to satisfy the requirements of subparagraph 7,a7 if-- 7,i7 the plan is amended-- 7aa7 to cease all benefit accruals1 or 7bb7 to provide future benefit accruals only to a closed class of participants1 7,,ii7 the plan satisfies subparagraph 7,a7 7without regard to this subparagraph7 as of the effective date of the amendment1 and 7,,iii7 the amendment was adopted before ,april #e1 #bjag1 or the plan is described in clause 7ii74 7ii7 ,plans described ,a plan is described in this clause if the plan would be described in subsection 7o77#a77;,c71 as applied for purposes of subsection 7o77#a77;,b77iii77,,iv7 and by treating the effective date of the amendment as the date the class was closed for purposes of subsection 7o77#a77;,c74 7iii7 ,special rules ,for purposes of clause 7i77,,ii71 in applying section #daj7;b77#f77;,c71 the amendments described in clause 7i7 shall not be treated as a significant change in coverage under section #daj7;b77#f77;,c77i77,,ii74 7iv7 ,spun-off plans ,for purposes of this subparagraph1 if a portion of a plan described in clause 7i7 is spun off to another employer1 the treatment under clause 7i7 of the spun-off plan shall continue with respect to the other employer4 4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the date of the enactment of this ,act1 without regard to whether any plan modifications referred to in such amendments are adopted or effective before1 on1 or after such date of enactment4 7#b7 ,special rules 7,a7 ,election of earlier application ,at the election of the plan sponsor1 the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjac4 7,b7 ,closed classes of participants ,for purposes of paragraphs 7#a77;,a77iii71 7#a77;,b77iii77,,iv71 and 7#b77;,a77iv7 of section #dja7o7 of the ,internal ,revenue ,code of #aihf 7as added by this section71 a closed class of participants shall be treated as being closed before ,april #e1 #bjag1 if the plan sponsor's intention to create such closed class is reflected in formal written documents and communicated to participants before such date4 7,c7 ,certain post-enactment plan amendments ,a plan shall not be treated as failing to be eligible for the application of section #dja7o77#a77;,a71 #dja7o77#a77;,b77iii71 or #dja7;a77#bf7 of such ,code 7as added by this section7 to such plan solely because in the case of-- 7i7 such section #dja7o77#a77;,a71 the plan was amended before the date of the enactment of this ,act to eliminate #a or more benefits1 rights1 or features1 and is further amended after such date of enactment to provide such previously eliminated benefits1 rights1 or features to a closed class of participants1 or 7ii7 such section #dja7o77#a77;,b77iii7 or section #dja7;a77#bf71 the plan was amended before the date of the enactment of this ,act to cease all benefit accruals1 and is further amended after such date of enactment to provide benefit accruals to a closed class of participants4 ,any such section shall only apply if the plan otherwise meets the requirements of such section and in applying such section1 the date the class of participants is closed shall be the effective date of the later amendment4 #bbc4 ,fiduciary safe harbor for selection of lifetime income provider ,section #djd of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aajd7 is amended by adding at the end the following3 7e7 ,safe harbor for annuity selection 7#a7 ,in general ,with respect to the selection of an insurer for a guaranteed retirement income contract1 the requirements of subsection 7a77#a77;,b7 will be deemed to be satisfied if a fiduciary-- 7,a7 engages in an objective1 thorough1 and analytical search for the purpose of identifying insurers from which to purchase such contracts2 7,b7 with respect to each insurer identified under subparagraph 7,a7-- 7i7 considers the financial capability of such insurer to satisfy its obligations under the guaranteed retirement income contract2 and 7ii7 considers the cost 7including fees and commissions7 of the guaranteed retirement income contract offered by the insurer in relation to the benefits and product features of the contract and administrative services to be provided under such contract2 and 7,c7 on the basis of such consideration1 concludes that-- 7i7 at the time of the selection1 the insurer is financially capable of satisfying its obligations under the guaranteed retirement income contract2 and 7ii7 the relative cost of the selected guaranteed retirement income contract as described in subparagraph 7,b77ii7 is reasonable4 7#b7 ,financial capability of the insurer ,a fiduciary will be deemed to satisfy the requirements of paragraphs 7#a77;,b77i7 and 7#a77;,c77i7 if-- 7,a7 the fiduciary obtains written representations from the insurer that-- 7i7 the insurer is licensed to offer guaranteed retirement income contracts2 7ii7 the insurer1 at the time of selection and for each of the immediately preceding #g plan years-- 7,i7 operates under a certificate of authority from the insurance commissioner of its domiciliary ,state which has not been revoked or suspended2 7,,ii7 has filed audited financial statements in accordance with the laws of its domiciliary ,state under applicable statutory accounting principles2 7,,iii7 maintains 7and has maintained7 reserves which satisfies all the statutory requirements of all ,states where the insurer does business2 and 7,,iv7 is not operating under an order of supervision1 rehabilitation1 or liquidation2 7iii7 the insurer undergoes1 at least every #e years1 a financial examination 7within the meaning of the law of its domiciliary ,state7 by the insurance commissioner of the domiciliary ,state 7or representative1 designee1 or other party approved by such commissioner72 and 7iv7 the insurer will notify the fiduciary of any change in circumstances occurring after the provision of the representations in clauses 7i71 7ii71 and 7iii7 which would preclude the insurer from making such representations at the time of issuance of the guaranteed retirement income contract2 and 7,b7 after receiving such representations and as of the time of selection1 the fiduciary has not received any notice described in subparagraph 7,a77iv7 and is in possession of no other information which would cause the fiduciary to question the representations provided4 7#c7 ,no requirement to select lowest cost ,nothing in this subsection shall be construed to require a fiduciary to select the lowest cost contract4 ,a fiduciary may consider the value of a contract1 including features and benefits of the contract and attributes of the insurer 7including1 without limitation1 the insurer's financial strength7 in conjunction with the cost of the contract4 7#d7 ,time of selection 7,a7 ,in general ,for purposes of this subsection1 the time of selection is-- 7i7 the time that the insurer and the contract are selected for distribution of benefits to a specific participant or beneficiary2 or 7ii7 if the fiduciary periodically reviews the continuing appropriateness of the conclusion described in paragraph 7#a77;,c7 with respect to a selected insurer1 taking into account the considerations described in such paragraph1 the time that the insurer and the contract are selected to provide benefits at future dates to participants or beneficiaries under the plan4 ,nothing in the preceding sentence shall be construed to require the fiduciary to review the appropriateness of a selection after the purchase of a contract for a participant or beneficiary4 7,b7 ,periodic review ,a fiduciary will be deemed to have conducted the periodic review described in subparagraph 7,a77ii7 if the fiduciary obtains the written representations described in clauses 7i71 7ii71 and 7iii7 of paragraph 7#b77;,a7 from the insurer on an annual basis1 unless the fiduciary receives any notice described in paragraph 7#b77;,a77iv7 or otherwise becomes aware of facts that would cause the fiduciary to question such representations4 7#e7 ,limited liability ,a fiduciary which satisfies the requirements of this subsection shall not be liable following the distribution of any benefit1 or the investment by or on behalf of a participant or beneficiary pursuant to the selected guaranteed retirement income contract1 for any losses that may result to the participant or beneficiary due to an insurer's inability to satisfy its financial obligations under the terms of such contract4 7#f7 ,definitions ,for purposes of this subsection-- 7,a7 ,insurer ,the term insurer means an insurance company1 insurance service1 or insurance organization1 including affiliates of such companies4 7,b7 ,guaranteed retirement income contract ,the term guaranteed retirement income contract means an annuity contract for a fixed term or a contract 7or provision or feature thereof7 which provides guaranteed benefits annually 7or more frequently7 for at least the remainder of the life of the participant or the joint lives of the participant and the participant's designated beneficiary as part of an individual account plan4 4 #bbd4 ,disclosure regarding lifetime income 7a7 ,in general ,subparagraph 7,b7 of section #aje7;a77#b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajbe7;a77#b77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking diversification4 and inserting diversification1 and2 and 7#c7 by inserting at the end the following3 7iii7 the lifetime income disclosure described in subparagraph 7,d77i74 ,in the case of pension benefit statements described in clause 7i7 of paragraph 7#a77;,a71 a lifetime income disclosure under clause 7iii7 of this subparagraph shall be required to be included in only one pension benefit statement during any one #ab-month period4 4 7b7 ,lifetime income ,paragraph 7#b7 of section #aje7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajbe7;a77 is amended by adding at the end the following new subparagraph3 7,d7 ,lifetime income disclosure 7i7 ,in general 7,i7 ,disclosure ,a lifetime income disclosure shall set forth the lifetime income stream equivalent of the total benefits accrued with respect to the participant or beneficiary4 7,,ii7 ,lifetime income stream equivalent of the total benefits accrued ,for purposes of this subparagraph1 the term lifetime income stream equivalent of the total benefits accrued means the amount of monthly payments the participant or beneficiary would receive if the total accrued benefits of such participant or beneficiary were used to provide lifetime income streams described in subclause 7,,iii71 based on assumptions specified in rules prescribed by the ,secretary4 7,,iii7 ,lifetime income streams ,the lifetime income streams described in this subclause are a qualified joint and survivor annuity 7as defined in section #bje7;d771 based on assumptions specified in rules prescribed by the ,secretary1 including the assumption that the participant or beneficiary has a spouse of equal age1 and a single life annuity4 ,such lifetime income streams may have a term certain or other features to the extent permitted under rules prescribed by the ,secretary4 7ii7 ,model disclosure ,not later than #a year after the date of the enactment of the ,retirement1 ,savings1 and ,other ,tax ,relief ,act of #bjah1 the ,secretary shall issue a model lifetime income disclosure1 written in a manner so as to be understood by the average plan participant1 which-- 7,i7 explains that the lifetime income stream equivalent is only provided as an illustration2 7,,ii7 explains that the actual payments under the lifetime income stream described in clause 7i77,,iii7 which may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the lifetime income stream equivalent in the disclosures2 7,,iii7 explains the assumptions upon which the lifetime income stream equivalent was determined2 and 7,,iv7 provides such other similar explanations as the ,secretary considers appropriate4 7iii7 ,assumptions and rules ,not later than #a year after the date of the enactment of the ,retirement1 ,savings1 and ,other ,tax ,relief ,act of #bjah1 the ,secretary shall-- 7,i7 prescribe assumptions which administrators of individual account plans may use in converting total accrued benefits into lifetime income stream equivalents for purposes of this subparagraph2 and 7,,ii7 issue interim final rules under clause 7i74 ,in prescribing assumptions under subclause 7,i71 the ,secretary may prescribe a single set of specific assumptions 7in which case the ,secretary may issue tables or factors which facilitate such conversions71 or ranges of permissible assumptions4 ,to the extent that an accrued benefit is or may be invested in a lifetime income stream described in clause 7i77,,iii71 the assumptions prescribed under subclause 7,i7 shall1 to the extent appropriate1 permit administrators of individual account plans to use the amounts payable under such lifetime income stream as a lifetime income stream equivalent4 7iv7 ,limitation on liability ,no plan fiduciary1 plan sponsor1 or other person shall have any liability under this title solely by reason of the provision of lifetime income stream equivalents which are derived in accordance with the assumptions and rules described in clause 7iii7 and which include the explanations contained in the model lifetime income disclosure described in clause 7ii74 ,this clause shall apply without regard to whether the provision of such lifetime income stream equivalent is required by subparagraph 7,b77iii74 7v7 ,effective date ,the requirement in subparagraph 7,b77iii7 shall apply to pension benefit statements furnished more than #ab months after the latest of the issuance by the ,secretary of-- 7,i7 interim final rules under clause 7i72 7,,ii7 the model disclosure under clause 7ii72 or 7,,iii7 the assumptions under clause 7iii74 4 #bbe4 ,modification of ,,pbgc premiums for ,,csec plans 7a7 ,flat rate premium ,subparagraph 7,a7 of section #djjf7;a77#c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acjf7;a77#c77 is amended-- 7#a7 in clause 7i71 by striking plan1 and inserting plan other than a ,,csec plan 7as defined in section #baj7;f77#a772 7#b7 in clause 7v71 by striking or at the end2 7#c7 in clause 7vi71 by striking the period at the end and inserting 1 or2 and 7#d7 by adding at the end the following new clause3 7vii7 in the case of a ,,csec plan 7as defined in section #baj7;f77#a771 for plan years beginning after ,december #ca1 #bjah1 for each individual who is a participant in such plan during the plan year an amount equal to the sum of-- 7,i7 the additional premium 7if any7 determined under subparagraph 7,e71 and 7,,ii7 #ai4 4 7b7 ,variable rate premium 7#a7 ,unfunded vested benefits 7,a7 ,in general ,subparagraph 7,e7 of section #djjf7;a77#c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acjf7;a77#c77 is amended by adding at the end the following new clause3 7v7 ,for purposes of clause 7ii71 in the case of a ,,csec plan 7as defined in section #baj7;f77#a771 the term unfunded vested benefits means1 for plan years beginning after ,december #ca1 #bjah1 the excess 7if any7 of-- 7,i7 the funding liability of the plan as determined under section #cjf7;j77#e77;,c7 for the plan year by only taking into account vested benefits1 over 7,,ii7 the fair market value of plan assets for the plan year which are held by the plan on the valuation date4 4 7,b7 ,conforming amendment ,clause 7iii7 of section #djjf7;a77#c77;,e7 of such ,act 7#bi ,u4,s4,c4 #acjf7;a77#c77;,e77 is amended by striking ,for purposes and inserting ,except as provided in clause 7v71 for purposes4 7#b7 ,applicable dollar amount 7,a7 ,in general ,paragraph 7#h7 of section #djjf7;a7 of such ,act 7#bi ,u4,s4,c4 #acjf7;a77 is amended by adding at the end the following new subparagraph3 7,e7 ,,csec plans ,in the case of a ,,csec plan 7as defined in section #baj7;f77#a771 the applicable dollar amount shall be #i4 4 7,b7 ,conforming amendment ,subparagraph 7,a7 of section #djjf7;a77#h7 of such ,act 7#bi ,u4,s4,c4 #acjf7;a77#h77 is amended by striking 7,b7 and 7,c7 and inserting 7,b71 7,c71 and 7,e74 ,c ,other ,savings ,provisions #bca4 ,expansion of section #ebi plans 7a7 ,distributions for certain expenses associated with registered apprenticeship programs ,section #ebi7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#h7 ,treatment of certain expenses associated with registered apprenticeship programs ,any reference in this subsection to the term qualified higher education expense shall include a reference to expenses for fees1 books1 supplies1 and equipment required for the participation of a designated beneficiary in an apprenticeship program registered and certified with the ,secretary of ,labor under section #a of the ,national ,apprenticeship ,act 7#bi ,u4,s4,c4 #ej74 4 7b7 ,distributions for certain homeschooling expenses ,section #ebi7;c77#g7 of such ,code is amended by striking include a reference to and all that follows and inserting include a reference to-- 7,a7 expenses for tuition in connection with enrollment or attendance of a designated beneficiary at an elementary or secondary public1 private1 or religious school1 and 7,b7 expenses1 with respect to a designated beneficiary1 for-- 7i7 curriculum and curricular materials1 7ii7 books or other instructional materials1 7iii7 online educational materials1 7iv7 tuition for tutoring or educational classes outside of the home 7but only if the tutor or class instructor is not related 7within the meaning of section #aeb7;d77#b77 to the student71 7v7 dual enrollment in an institution of higher education1 and 7vi7 educational therapies for students with disabilities1 in connection with a homeschool 7whether treated as a homeschool or a private school for purposes of applicable ,state law74 4 7c7 ,distributions for qualified education loan repayments 7#a7 ,in general ,section #ebi7;c7 of such ,code1 as amended by subsection 7a71 is amended by adding at the end the following new paragraph3 7#i7 ,treatment of qualified education loan repayments 7,a7 ,in general ,any reference in this subsection to the term qualified higher education expense shall include a reference to amounts paid as principal or interest on any qualified education loan 7as defined in section #bba7;d77 of the designated beneficiary or a sibling of the designated beneficiary4 7,b7 ,limitation ,the amount of distributions treated as a qualified higher education expense under this paragraph with respect to the loans of any individual shall not exceed #aj1jjj 7reduced by the amount of distributions so treated for all prior taxable years74 7,c7 ,special rules for siblings of the designated beneficiary 7i7 ,separate accounting ,for purposes of subparagraph 7,b7 and subsection 7d71 amounts treated as a qualified higher education expense with respect to the loans of a sibling of the designated beneficiary shall be taken into account with respect to such sibling and not with respect to such designated beneficiary4 7ii7 ,sibling defined ,for purposes of this paragraph1 the term sibling means an individual who bears a relationship to the designated beneficiary which is described in section #aeb7;d77#b77;,b74 4 7#b7 ,coordination with deduction for student loan interest ,section #bba7;e77#a7 of such ,code is amended by adding at the end the following3 ,the deduction otherwise allowable under subsection 7a7 7prior to the application of subsection 7b77 to the taxpayer for any taxable year shall be reduced 7but not below zero7 by so much of the distributions treated as a qualified higher education expense under section #ebi7;c77#i7 with respect to loans of the taxpayer as would be includible in gross income under section #ebi7;c77#c77;,a7 for such taxable year but for such treatment44 7d7 ,distributions for certain elementary and secondary school expenses in addition to tuition ,section #ebi7;c77#g77;,a71 as amended by subsection 7b71 is amended to read as follows3 7,a7 expenses described in section #ecj7;b77#c77;,a77i7 in connection with enrollment or attendance of a designated beneficiary at an elementary or secondary public1 private1 or religious school1 and 4 7e7 ,unborn children allowed as account beneficiaries ,section #ebi7;e7 is amended by adding at the end the following new paragraph3 7#f7 ,treatment of unborn children 7,a7 ,in general ,nothing shall prevent an unborn child from being treated as a designated beneficiary or an individual under this section4 7,b7 ,unborn child ,for purposes of this paragraph-- 7i7 ,in general ,the term unborn child means a child in utero4 7ii7 ,child in utero ,the term child in utero means a member of the species homo sapiens1 at any stage of development1 who is carried in the womb4 4 7f7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to distributions made after ,december #ca1 #bjah4 7#b7 ,unborn children allowed as account beneficiaries ,the amendment made by subsection 7e7 shall apply to contributions made after ,december #ca1 #bjah4 #bcb4 ,penalty-free withdrawals from retirement plans for individuals in case of birth of child or adoption 7a7 ,in general ,section #gb7t77#b7 is amended by adding at the end the following new subparagraph3 7,h7 ,distributions from retirement plans in case of birth of child or adoption 7i7 ,in general ,any qualified birth or adoption distribution4 7ii7 ,limitation ,the aggregate amount which may be treated as qualified birth or adoption distributions by any individual with respect to any birth or adoption shall not exceed #g1ejj4 7iii7 ,qualified birth or adoption distribution ,for purposes of this subparagraph-- 7,i7 ,in general ,the term qualified birth or adoption distribution means any distribution from an applicable eligible retirement plan to an individual if made during the #a-year period beginning on the date on which a child of the individual is born or on which the legal adoption by the individual of an eligible child is finalized4 7,,ii7 ,eligible child ,the term eligible child means any individual 7other than a child of the taxpayer's spouse7 who has not attained age #ah or is physically or mentally incapable of self-support4 7iv7 ,treatment of plan distributions 7,i7 ,in general ,if a distribution to an individual would 7without regard to clause 7ii77 be a qualified birth or adoption distribution1 a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as a qualified birth or adoption distribution1 unless the aggregate amount of such distributions from all plans maintained by the employer 7and any member of any controlled group which includes the employer7 to such individual exceeds #g1ejj4 7,,ii7 ,controlled group ,for purposes of subclause 7,i71 the term controlled group means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad4 7v7 ,amount distributed may be repaid 7,i7 ,in general ,any individual who receives a qualified birth or adoption distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an applicable eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af71 as the case may be4 7,,ii7 ,limitation on contributions to applicable eligible retirement plans other than ,i,r,as ,the aggregate amount of contributions made by an individual under subclause 7,i7 to any applicable eligible retirement plan which is not an individual retirement plan shall not exceed the aggregate amount of qualified birth or adoption distributions which are made from such plan to such individual4 ,subclause 7,i7 shall not apply to contributions to any applicable eligible retirement plan which is not an individual retirement plan unless the individual is eligible to make contributions 7other than those described in subclause 7,i77 to such applicable eligible retirement plan4 7,,iii7 ,treatment of repayments of distributions from applicable eligible retirement plans other than ,i,r,as ,if a contribution is made under subclause 7,i7 with respect to a qualified birth or adoption distribution from an applicable eligible retirement plan other than an individual retirement plan1 then the taxpayer shall1 to the extent of the amount of the contribution1 be treated as having received such distribution in an eligible rollover distribution 7as defined in section #djb7;c77#d77 and as having transferred the amount to the applicable eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7,,iv7 ,treatment of repayments for distributions from ,i,r,as ,if a contribution is made under subclause 7,i7 with respect to a qualified birth or adoption distribution from an individual retirement plan1 then1 to the extent of the amount of the contribution1 such distribution shall be treated as a distribution described in section #djh7;d77#c7 and as having been transferred to the applicable eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7vi7 ,definition and special rules ,for purposes of this subparagraph-- 7,i7 ,applicable eligible retirement plan ,the term applicable eligible retirement plan means an eligible retirement plan 7as defined in section #djb7;c77#h77;,b77 other than a defined benefit plan4 7,,ii7 ,exemption of distributions from trustee to trustee transfer and withholding rules ,for purposes of sections #dja7;a77#ca71 #djb7;f71 and #cdje1 a qualified birth or adoption distribution shall not be treated as an eligible rollover distribution4 7,,iii7 ,taxpayer must include ,,tin ,a distribution shall not be treated as a qualified birth or adoption distribution with respect to any child or eligible child unless the taxpayer includes the name1 age1 and ,,tin of such child or eligible child on the taxpayer's return of tax for the taxable year4 7,,iv7 ,distributions treated as meeting plan distribution requirements ,any qualified birth or adoption distribution shall be treated as meeting the requirements of sections #dja7k77#b77;,b77i71 #djc7;b77#g77;,a77ii71 #djc7;b77#aa71 and #deg7;d77#a77;,a74 4 7b7 ,effective date ,the amendments made by this section shall apply to distributions made after ,december #ca1 #bjah4 ,,iii ,repeal or delay of certain health-related taxes #cja4 ,extension of moratorium on medical device excise tax ,section #daia7;c7 of the ,internal ,revenue ,code of #aihf is amended by striking ,december #ca1 #bjai and inserting ,december #ca1 #bjbd 4 #cjb4 ,delay in implementation of excise tax on high cost employer-sponsored health coverage ,section #ijja7;c7 of the ,patient ,protection and ,affordable ,care ,act is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbb4 #cjc4 ,extension of suspension of annual fee on health insurance providers ,section #ijaj7;j77#c7 of the ,patient ,protection and ,affordable ,care ,act is amended by striking ,december #ca1 #bjai and inserting ,december #ca1 #bjba4 #cjd4 ,repeal of excise tax on indoor tanning services 7a7 ,in general ,subtitle ,d of the ,internal ,revenue ,code of #aihf is amended by striking chapter #di and by striking the item relating to such chapter in the table of chapters of such subtitle4 7b7 ,effective date ,the amendments made by this section shall apply to services performed in calendar quarters beginning more than #cj days after the date of the enactment of this ,act4 ,,iv ,certain expiring provisions #dja4 ,railroad track maintenance credit made permanent 7a7 ,credit percentage reduced ,section #de;,g7a7 is amended by striking #ej percent and inserting #cj percent4 7b7 ,made permanent ,section #de;,g is amended by striking subsection 7f74 7c7 ,effective date ,the amendments made by this section shall apply to expenditures paid or incurred during taxable years beginning after ,december #ca1 #bjag4 #djb4 ,biodiesel and renewable diesel provisions extended and phased out 7a7 ,income tax credit 7#a7 ,in general ,section #dj;,a7g7 is amended to read as follows3 7g7 ,phase out2 termination 7#a7 ,phase out ,in the case of any sale or use after ,december #ca1 #bjba1 subsections 7b77#a77;,a7 and 7b77#b77;,a7 shall be applied by substituting for #a4jj-- 7,a7 4#ge1 if such sale or use is before ,january #a1 #bjbc1 7,b7 4#ej1 if such sale or use is after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 and 7,c7 4#cc1 if such sale or use is after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe4 7#b7 ,termination ,this section shall not apply to any sale or use after ,december #ca1 #bjbd4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to fuel sold or used after ,december #ca1 #bjag4 7b7 ,excise tax incentives 7#a7 ,phase out ,section #fdbf7;c77#b7 is amended to read as follows3 7#b7 ,applicable amount ,for purposes of this subsection1 the applicable amount is-- 7,a7 #a4jj in the case of any sale or use for any period before ,january #a1 #bjbb1 7,b7 4#ge in the case of any sale or use for any period after ,december #ca1 #bjba1 and before ,january #a1 #bjbc1 7,c7 4#ej in the case of any sale or use for any period after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 and 7,d7 4#cc in the case of any sale or use for any period after ,december #ca1 #bjbc1 and before ,january #a1 #bjbe4 4 7#b7 ,termination 7,a7 ,in general ,section #fdbf7;c77#f7 is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjbd4 7,b7 ,payments ,section #fdbg7;e77#f77;,b7 is amended by striking ,december #ca1 #bjag and inserting ,december #ca1 #bjbd4 7#c7 ,effective date ,the amendments made by this subsection shall apply to fuel sold or used after ,december #ca1 #bjag4 7#d7 ,special rule for #bjah ,notwithstanding any other provision of law1 in the case of any biodiesel mixture credit properly determined under section #fdbf7;c7 of the ,internal ,revenue ,code of #aihf for the period beginning on ,january #a1 #bjah1 and ending on ,december #ca1 #bjah1 such credit shall be allowed1 and any refund or payment attributable to such credit 7including any payment under section #fdbg7;e7 of such ,code7 shall be made1 only in such manner as the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall provide4 ,such ,secretary shall issue guidance within #cj days after the date of the enactment of this ,act providing for a one-time submission of claims covering periods described in the preceding sentence4 ,such guidance shall provide for a #ahj-;day period for the submission of such claims 7in such manner as prescribed by such ,secretary7 to begin not later than #cj days after such guidance is issued4 ,such claims shall be paid by such ,secretary not later than #fj days after receipt4 ,if such ,secretary has not paid pursuant to a claim filed under this subsection within #fj days after the date of the filing of such claim1 the claim shall be paid with interest from such date determined by using the overpayment rate and method under section #ffba of such ,code4 ,v ,other provisions #eja4 ,technical amendments relating to ,public ,law #aae-ig 7a7 ,amendment relating to section #aajaa ,section #heb7;b7 is amended by adding at the end the following3 7#aj7 ,treatment by shareholders of qualified ,,reit dividends and qualified publicly traded partnership income 7,a7 ,in general ,a shareholder of a regulated investment company shall take into account for purposes of section #aii;,a7b77#a77;,b7-- 7i7 as a qualified ,,reit dividend the amount which is reported by the company 7in written statements furnished to its shareholders7 as being attributable to qualified ,,reit dividends received by the company1 and 7ii7 as qualified publicly traded partnership income the amount which is reported by the company 7in written statements furnished to its shareholders7 as being attributable to qualified publicly traded partnership income of the company4 7,b7 ,excess reported amounts ,rules similar to the rules of clauses 7ii7 and 7iii7 of paragraph 7#e77;,a7 shall apply for purposes of this paragraph4 7,c7 ,negative qualified publicly traded partnership income required to be taken into account ,if the qualified publicly traded partnership income of the company is less than zero1 such income shall be reported by the company under subparagraph 7,a77ii74 7,d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph4 4 7b7 ,amendments relating to section #acbjd 7#a7 ,section #afh7;e77#c77;,e7 is amended by striking and at the end of clause 7v71 by striking the period at the end of clause 7vi7 and inserting 1 and1 and by adding at the end the following new clause3 7vii7 any qualified improvement property4 4 7#b7 ,the table contained in subparagraph 7,b7 of section #afh7;g77#c7 is amended-- 7,a7 by striking the item relating to subparagraph 7,d77v71 and 7,b7 by inserting after the item relating to subparagraph 7,e77vi7 the following new item3 7,e77vii7#bj 4 7c7 ,amendment relating to section #accjb ,section #accjb7;e77#b7 of ,public ,law #aae-ig is amended by striking ending and inserting beginning4 7d7 ,amendment relating to section #accjg ,section #afb7q77#b7 is amended by inserting in the case of the taxpayer for whom a deduction is disallowed by reason of paragraph 7#a71 before attorney's fees4 7e7 ,amendment relating to section #adajc 7#a7 ,in general ,section #ife7;h7 is amended by adding at the end the following new paragraph3 7#g7 ,installments not to prevent credit or refund of overpayments or increase estimated taxes ,if an election is made under paragraph 7#a7 to pay the net tax liability under this section in installments-- 7,a7 no installment of such net tax liability shall-- 7i7 in the case of a request for credit or refund1 be taken into account as a liability for purposes of determining whether an overpayment exists for purposes of section #fdjb before the date on which such installment is due1 or 7ii7 for purposes of sections #fdbe1 #ffed1 and #ffee1 be treated as a tax imposed by section #a1 section #aa1 or subchapter ,l of chapter #a1 and 7,b7 the first sentence of section #fdjc shall not apply with respect to any such installment4 4 7#b7 ,limitation on payment of interest ,in the case of the portion of any overpayment which exists by reason of the application of section #ife7;h77#g7 of the ,internal ,revenue ,code of #aihf 7as added by this subsection7-- 7,a7 if credit or refund of such portion is made on or before the date which is #de days after the date of the enactment of this ,act1 no interest shall be allowed or paid under section #ffaa of such ,code with respect to such portion1 and 7,b7 if credit or refund of such portion is made after the date which is #de days after the date of the enactment of this ,act1 no interest shall be allowed or paid under section #ffaa of such ,code with respect to such portion for any period before the date of the enactment of this ,act4 7f7 ,amendments relating to section #adbac 7#a7 ,section #ieh7;b7 is amended-- 7,a7 by inserting after paragraph 7#c7 the following3 7#d7 ,subparagraphs 7,a71 7,b71 and 7,c7 of section #cah7;a77#c7 shall not be applied so as to consider a ,united ,states person as owning stock which is owned by a person who is not a ,united ,states person4 1 and 7,b7 by striking ,paragraph 7#a7 in the last sentence and inserting ,paragraphs 7#a7 and 7#d74 7#b7 ,subpart ,f of part ,,iii of subchapter ,n of chapter #a is amended by inserting after section #iea;,a the following new section3 #iea;,b4 ,amounts included in gross income of foreign controlled ,united ,states shareholders 7a7 ,in general ,in the case of any foreign controlled ,united ,states shareholder of a foreign controlled foreign corporation-- 7#a7 this subpart 7other than sections #iea;,a1 #iea7;b71 #ieg1 and #ife7 shall be applied with respect to such shareholder 7separately from1 and in addition to1 the application of this subpart without regard to this section7-- 7,a7 by substituting foreign controlled ,united ,states shareholder for ,united ,states shareholder each place it appears therein1 and 7,b7 by substituting foreign controlled foreign corporation for controlled foreign corporation each place it appears therein1 and 7#b7 sections #iea;,a and #ife shall be applied with respect to such shareholder -- 7,a7 by treating each reference to ,united ,states shareholder in such sections as including a reference to such shareholder1 and 7,b7 by treating each reference to controlled foreign corporation in such sections as including a reference to such foreign controlled foreign corporation4 7b7 ,foreign controlled ,united ,states shareholder ,for purposes of this section1 the term foreign controlled ,united ,states shareholder means1 with respect to any foreign corporation1 any ,united ,states person which would be a ,united ,states shareholder with respect to such foreign corporation if-- 7#a7 section #iea7;b7 were applied by substituting more than #ej percent for #aj percent or more1 and 7#b7 section #ieh7;b7 were applied without regard to paragraph 7#d7 thereof4 7c7 ,foreign controlled foreign corporation ,for purposes of this section1 the term foreign controlled foreign corporation means a foreign corporation1 other than a controlled foreign corporation1 which would be a controlled foreign corporation if section #ieg7;a7 were applied-- 7#a7 by substituting foreign controlled ,united ,states shareholders for ,united ,states shareholders1 and 7#b7 by substituting section #ieh7;b7 7other than paragraph 7#d7 thereof7 for section #ieh7;b74 7d7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations or other guidance-- 7#a7 to treat a foreign controlled ,united ,states shareholder or a foreign controlled foreign corporation as a ,united ,states shareholder or as a controlled foreign corporation1 respectively1 for purposes of provisions of this title other than this subpart1 and 7#b7 to prevent the avoidance of the purposes of this section4 4 7#c7 ,the amendments made by paragraphs 7#a7 and 7#b7 shall apply to-- 7,a7 the last taxable year of foreign corporations beginning before ,january #a1 #bjah1 and each subsequent taxable year of such foreign corporations1 and 7,b7 taxable years of ,united ,states persons in which or with which such taxable years of foreign corporations end4 7g7 ,effective dates ,except as otherwise provided in this section1 the amendments made by this section shall take effect as if included in the provision of ,public ,law #aae-ig to which they relate4 #ejb4 ,clarification of treatment of veterans as specified group for purposes of the low-income housing tax credit ,for purposes of section #db7;g77#i77;,b7 of the ,internal ,revenue ,code of #aihf1 veterans shall not fail to be treated as a specified group under a ,federal program4 #ejc4 ,clarification of general public use requirement for qualified residential rental projects 7a7 ,in general ,section #adb7;d77#b7 is amended by adding at the end the following new subparagraph3 7,f7 ,clarification of general public use requirement ,rules similar to the rules of section #db7;g77#i7 shall apply for purposes of this subsection4 4 7b7 ,effective date ,the amendment made by this section shall apply to bonds issued before1 on1 or after the date of enactment of this ,act4 #ejd4 ,floor plan financing applicable to certain trailers and campers 7a7 ,in general ,section #afc7;j77#i77;,c7 is amended by adding at the end the following new flush sentence3 ,such term shall include any trailer or camper which is designed to provide temporary living quarters for recreational1 camping1 travel1 or seasonal use and is designed to be towed by1 or affixed to1 a motor vehicle4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjag4 #eje4 ,repeal of increase in unrelated business taxable income by disallowed fringe 7a7 ,in general ,section #eab7;a7 is amended by striking paragraph 7#g74 7b7 ,effective date ,the amendment made by this section shall take effect as if included in section #acgjc of ,public ,law #aae-ig4 #ejf4 ,certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings 7a7 ,in general ,section #didc7;c77#d77;,a7 is amended by adding at the end the following new clause3 7v7 ,certain purchases of employee-owned stock disregarded ,for purposes of clause 7i71 subparagraph 7,d71 and paragraph 7#b71 any voting stock which-- 7,i7 is not readily tradable on an established securities market1 7,,ii7 is purchased by the business enterprise on or after ,january #a1 #bjje1 from a stock bonus or profit sharing plan described in section #dja7;a7 in which employees of such business enterprise participate1 in connection with a distribution from such plan1 and 7,,iii7 is held by the business enterprise as treasury stock1 cancelled1 or retired1 shall be treated as outstanding voting stock1 but only to the extent so treating such stock would not result in permitted holdings exceeding #di percent 7determined without regard to this clause74 ,the preceding sentence shall not apply with respect to the purchase of stock from a plan during the #aj-year period beginning on the date the plan is established4 7b7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to taxable years ending after the date of enactment of this ,act and to purchases by a business enterprise of voting stock in taxable years beginning before1 on1 or after the date of enactment of this ,act4 7#b7 ,special rule for grandfathered foundations in case of decrease in ownership by reason of pre-enactment purchases ,section #didc7;c77#d77;,a77ii7 of the ,internal ,revenue ,code of #aihf shall not apply with respect to any decrease in the percentage of holdings in a business enterprise by reason of section #didc7;c77#d77;,a77v7 of such ,code 7as added by this section74 #ejg4 ,allowing #eja7;c77#c7 organization to make statements relating to political campaign in ordinary course of carrying out its tax exempt purpose 7a7 ,in general ,section #eja of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7s7 ,special rule relating to political campaign statements of organization described in subsection 7c77#c7 7#a7 ,in general ,for purposes of subsection 7c77#c7 and sections #agj7;c77#b71 #bjee1 #bajf1 #bebb1 and #diee1 an organization shall not fail to be treated as organized and operated exclusively for a purpose described in subsection 7c77#c71 nor shall it be deemed to have participated in1 or intervened in any political campaign on behalf of 7or in opposition to7 any candidate for public office1 solely because of the content of any statement which-- 7,a7 is made in the ordinary course of the organization's regular and customary activities in carrying out its exempt purpose1 and 7,b7 results in the organization incurring not more than de minimis incremental expenses4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 #ejh4 ,charitable organizations permitted to make collegiate housing and infrastructure grants 7a7 ,in general ,section #eja1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subsection3 7t7 ,treatment of organizations making collegiate housing and infrastructure improvement grants 7#a7 ,in general ,for purposes of subsection 7c77#c7 and sections #agj7;c77#b77;,b71 #bjee7;a77#b71 and #bebb7;a77#b71 an organization shall not fail to be treated as organized and operated exclusively for charitable or educational purposes solely because such organization makes collegiate housing and infrastructure grants to an organization described in subsection 7c77#g7 which applies the grant to its collegiate housing property4 7#b7 ,housing and infrastructure grants ,for purposes of paragraph 7#a71 collegiate housing and infrastructure grants are grants to provide1 improve1 operate1 or maintain collegiate housing property that may involve more than incidental social1 recreational1 or private purposes1 so long as such grants are for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated4 ,a grant shall not be treated as a collegiate housing and infrastructure grant for purposes of paragraph 7#a7 to the extent that such grant is used to provide physical fitness facilities4 7#c7 ,collegiate housing property ,for purposes of this subsection1 collegiate housing property is property in which1 at the time of a grant or following the acquisition1 lease1 construction1 or modification of such property using such grant1 substantially all of the residents are full-time students at the college or university in the community where such property is located4 7#d7 ,grants to certain organizations holding title to property1 etc ,for purposes of this subsection1 a collegiate housing and infrastructure grant to an organization described in subsection 7c77#b7 or 7c77#g7 holding title to property exclusively for the benefit of an organization described in subsection 7c77#g7 shall be considered a grant to the organization described in subsection 7c77#g7 for whose benefit such property is held4 4 7b7 ,effective date ,the amendment made by this section shall apply to grants made in taxable years ending after the date of the enactment of this ,act4 #eji4 ,restriction on regulation of contingency fees with respect to tax returns1 etc ,the ,secretary of the ,treasury may not regulate1 prohibit1 or restrict the use of a contingent fee in connection with tax returns1 claims for refund1 or documents in connection with tax returns or claims for refund prepared on behalf of a taxpayer4 ,b ,taxpayer ,first ,act of #bjah #a4 ,short title2 etc 7a7 ,short title ,this division may be cited as the ,taxpayer ,first ,act of #bjah4 7b7 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this division an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 7c7 ,table of ,contents ,the table of contents for this division is as follows3 ,sec4 #a4 ,short title2 etc4 ,title ,i--,putting taxpayers first ,subtitle ,a--,independent appeals process ,sec4 #ajja4 ,establishment of ,internal ,revenue ,service ,independent ,office of ,appeals4 ,subtitle ,b--,improved ,service ,sec4 #aaja4 ,comprehensive customer service strategy4 ,sec4 #aajb4 ,,irs ,free ,file ,program4 ,sec4 #aajc4 ,low-income exception for payments otherwise required in connection with a submission of an offer-in-compromise4 ,subtitle ,c--,sensible ,enforcement ,sec4 #abja4 ,internal ,revenue ,service seizure requirements with respect to structuring transactions4 ,sec4 #abjb4 ,exclusion of interest received in action to recover property seized by the ,internal ,revenue ,service based on structuring transaction4 ,sec4 #abjc4 ,clarification of equitable relief from joint liability4 ,sec4 #abjd4 ,modification of procedures for issuance of third-party summons4 ,sec4 #abje4 ,private debt collection and special compliance personnel program4 ,sec4 #abjf4 ,reform of notice of contact of third parties4 ,sec4 #abjg4 ,modification of authority to issue designated summons4 ,sec4 #abjh4 ,limitation on access of non-,internal ,revenue ,service employees to returns and return information4 ,subtitle ,d--,organizational modernization ,sec4 #acja4 ,office of the ,national ,taxpayer ,advocate4 ,sec4 #acjb4 ,modernization of ,internal ,revenue ,service organizational structure4 ,subtitle ,e--,other provisions ,sec4 #adja4 ,return preparation programs for applicable taxpayers4 ,sec4 #adjb4 ,provision of information regarding low-income taxpayer clinics4 ,sec4 #adjc4 ,notice from ,,irs regarding closure of taxpayer assistance centers4 ,sec4 #adjd4 ,rules for seizure and sale of perishable goods restricted to only perishable goods4 ,sec4 #adje4 ,whistleblower reforms4 ,sec4 #adjf4 ,customer service information4 ,sec4 #adjg4 ,misdirected tax refund deposits4 ,title ,,ii--#bast ,century ,,irs ,subtitle ,a--,cybersecurity and identity protection ,sec4 #bjja4 ,public-private partnership to address identity theft refund fraud4 ,sec4 #bjjb4 ,recommendations of ,electronic ,tax ,administration ,advisory ,committee regarding identity theft refund fraud4 ,sec4 #bjjc4 ,information sharing and analysis center4 ,sec4 #bjjd4 ,compliance by contractors with confidentiality safeguards4 ,sec4 #bjje4 ,report on electronic payments4 ,sec4 #bjjf4 ,identity protection personal identification numbers4 ,sec4 #bjjg4 ,single point of contact for tax-related identity theft victims4 ,sec4 #bjjh4 ,notification of suspected identity theft4 ,sec4 #bjji4 ,guidelines for stolen identity refund fraud cases4 ,sec4 #bjaj4 ,increased penalty for improper disclosure or use of information by preparers of returns4 ,subtitle ,b--,development of information technology ,sec4 #baja4 ,management of ,internal ,revenue ,service information technology4 ,sec4 #bajb4 ,development of online accounts and portals4 ,sec4 #bajc4 ,internet platform for ,form #ajii filings4 ,sec4 #bajd4 ,streamlined critical pay authority for information technology positions4 ,subtitle ,c--,modernization of consent-based income verification system ,sec4 #bbja4 ,disclosure of taxpayer information for third-party income verification4 ,sec4 #bbjb4 ,limit redisclosures and uses of consent-based disclosures of tax return information4 ,subtitle ,d--,expanded use of electronic systems ,sec4 #bcja4 ,electronic filing of returns4 ,sec4 #bcjb4 ,uniform standards for the use of electronic signatures for disclosure authorizations to1 and other authorizations of1 practitioners4 ,sec4 #bcjc4 ,payment of taxes by debit and credit cards4 ,sec4 #bcjd4 ,requirement that electronically prepared paper returns include scannable code4 ,sec4 #bcje4 ,authentication of users of electronic services accounts4 ,subtitle ,e--,other provisions ,sec4 #bdja4 ,repeal of provision regarding certain tax compliance procedures and reports4 ,sec4 #bdjb4 ,comprehensive training strategy4 ,title ,,iii--,miscellaneous provisions ,subtitle ,a--,reform of ,laws ,governing ,internal ,revenue ,service ,employees ,sec4 #cjja4 ,electronic record retention4 ,sec4 #cjjb4 ,prohibition on rehiring any employee of the ,internal ,revenue ,service who was involuntarily separated from service for misconduct4 ,sec4 #cjjc4 ,notification of unauthorized inspection or disclosure of returns and return information4 ,subtitle ,b--,provisions relating to exempt organizations ,sec4 #caja4 ,mandatory e-filing by exempt organizations4 ,sec4 #cajb4 ,notice required before revocation of tax exempt status for failure to file return4 ,subtitle ,c--,tax ,court ,sec4 #ccja4 ,disqualification of judge or magistrate judge of the ,tax ,court4 ,sec4 #ccjb4 ,opinions and judgments4 ,sec4 #ccjc4 ,title of special trial judge changed to magistrate judge of the ,tax ,court4 ,sec4 #ccjd4 ,repeal of deadwood related to ,board of ,tax ,appeals4 ,i ,putting taxpayers first ,a ,independent appeals process #ajja4 ,establishment of ,internal ,revenue ,service ,independent ,office of ,appeals 7a7 ,in general ,section #ghjc is amended by adding at the end the following new subsection3 7e7 ,independent ,office of ,appeals 7#a7 ,establishment ,there is established in the ,internal ,revenue ,service an office to be known as the ,internal ,revenue ,service ,independent ,office of ,appeals4 7#b7 ,chief of ,appeals 7,a7 ,in general ,the ,internal ,revenue ,service ,independent ,office of ,appeals shall be under the supervision and direction of an official to be known as the ,chief of ,appeals4 ,the ,chief of ,appeals shall report directly to the ,commissioner of the ,internal ,revenue ,service and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code4 7,b7 ,appointment ,the ,chief of ,appeals shall be appointed by the ,commissioner of the ,internal ,revenue ,service without regard to the provisions of title #e1 ,united ,states ,code1 relating to appointments in the competitive service or the ,senior ,executive ,service4 7,c7 ,qualifications ,an individual appointed under subparagraph 7,b7 shall have experience and expertise in-- 7i7 administration of1 and compliance with1 ,federal tax laws1 7ii7 a broad range of compliance cases1 and 7iii7 management of large service organizations4 7#c7 ,purposes and duties of ,office ,it shall be the function of the ,internal ,revenue ,service ,independent ,office of ,appeals to resolve ,federal tax controversies without litigation on a basis which-- 7,a7 is fair and impartial to both the ,government and the taxpayer1 7,b7 promotes a consistent application and interpretation of1 and voluntary compliance with1 the ,federal tax laws1 and 7,c7 enhances public confidence in the integrity and efficiency of the ,internal ,revenue ,service4 7#d7 ,right of appeal ,the resolution process described in paragraph 7#c7 shall be generally available to all taxpayers4 7#e7 ,limitation on designation of cases as not eligible for referral to ,independent ,office of ,appeals 7,a7 ,in general ,if any taxpayer which is in receipt of a notice of deficiency authorized under section #fbab requests referral to the ,internal ,revenue ,service ,independent ,office of ,appeals and such request is denied1 the ,commissioner of the ,internal ,revenue ,service shall provide such taxpayer a written notice which-- 7i7 provides a detailed description of the facts involved1 the basis for the decision to deny the request1 and a detailed explanation of how the basis of such decision applies to such facts1 and 7ii7 describes the procedures prescribed under subparagraph 7,c7 for protesting the decision to deny the request4 7,b7 ,report to ,congress ,the ,commissioner of the ,internal ,revenue ,service shall submit a written report to ,congress on an annual basis which includes the number of requests described in subparagraph 7,a7 which were denied and the reasons 7described by category7 that such requests were denied4 7,c7 ,procedures for protesting denial of request ,the ,commissioner of the ,internal ,revenue ,service shall prescribe procedures for protesting to the ,commissioner of the ,internal ,revenue ,service a denial of a request described in subparagraph 7,a74 7,d7 ,not applicable to frivolous positions ,this paragraph shall not apply to a request for referral to the ,internal ,revenue ,service ,independent ,office of ,appeals which is denied on the basis that the issue involved is a frivolous position 7within the meaning of section #fgjb7;c774 7#f7 ,staff 7,a7 ,in general ,all personnel in the ,internal ,revenue ,service ,independent ,office of ,appeals shall report to the ,chief of ,appeals4 7,b7 ,access to staff of ,office of the ,chief ,counsel ,the ,chief of ,appeals shall have authority to obtain legal assistance and advice from the staff of the ,office of the ,chief ,counsel4 ,the ,chief ,counsel shall ensure that such assistance and advice is provided by staff of the ,office of the ,chief ,counsel who were not involved in the case with respect to which such assistance and advice is sought and who are not involved in preparing such case for litigation4 7#g7 ,access to case files 7,a7 ,in general ,in any case in which a conference with the ,internal ,revenue ,service ,independent ,office of ,appeals has been scheduled upon request of a specified taxpayer1 the ,chief of ,appeals shall ensure that such taxpayer is provided access to the nonprivileged portions of the case file on record regarding the disputed issues 7other than documents provided by the taxpayer to the ,internal ,revenue ,service7 not later than #aj days before the date of such conference4 7,b7 ,taxpayer election to expedite conference ,if the taxpayer so elects1 subparagraph 7,a7 shall be applied by substituting the date of such conference for #aj days before the date of such conference4 7,c7 ,specified taxpayer ,for purposes of this paragraph-- 7i7 ,in general ,the term specified taxpayer means-- 7,i7 in the case of any taxpayer who is a natural person1 a taxpayer whose adjusted gross income does not exceed #djj1jjj for the taxable year to which the dispute relates1 and 7,,ii7 in the case of any other taxpayer1 a taxpayer whose gross receipts do not exceed #e1jjj1jjj for the taxable year to which the dispute relates4 7ii7 ,aggregation rule ,rules similar to the rules of section #ddh7;c77#b7 shall apply for purposes of clause 7i77,,ii74 4 7b7 ,conforming amendments 7#a7 ,the following provisions are each amended by striking ,internal ,revenue ,service ,office of ,appeals and inserting ,internal ,revenue ,service ,independent ,office of ,appeals3 7,a7 ,section #fjae7;c77#d77;,b77ii77,i74 7,b7 ,section #fcbj7;b77#a74 7,c7 ,subsections 7b77#a7 and 7d77#c7 of section #fccj4 7,d7 ,section #ffjc7;d77#c77;,b74 7,e7 ,section #ffba7;c77#b77;,a77i74 7,f7 ,section #gabb7;e77#b74 7,g7 ,subsections 7a71 7b77#a71 7b77#b71 and 7c77#a7 of section #gabc4 7,h7 ,subsections 7c77#g77;,b77i71 and 7g77#b77;,a7 of section #gdcj4 7,i7 ,section #gebb7;b77#c74 7,j7 ,section #gfab7;c77#b77;,a74 7#b7 ,section #gdcj7;c77#b7 is amended by striking ,internal ,revenue ,service ,office of ,appeals each place it appears and inserting ,internal ,revenue ,service ,independent ,office of ,appeals4 7#c7 ,the heading of section #fccj7;d77#c7 is amended by inserting ,independent after ,,irs4 7c7 ,other references ,any reference in any provision of law1 or regulation or other guidance1 to the ,internal ,revenue ,service ,office of ,appeals shall be treated as a reference to the ,internal ,revenue ,service ,independent ,office of ,appeals4 7d7 ,savings provisions ,rules similar to the rules of paragraphs 7#b7 through 7#f7 of section #ajja7;b7 of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih shall apply for purposes of this section 7and the amendments made by this section74 7e7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,access to case files ,section #ghjc7;e77#g7 of the ,internal ,revenue ,code of #aihf1 as added by subsection 7a71 shall apply to conferences occurring after the date which is #a year after the date of the enactment of this ,act4 ,b ,improved ,service #aaja4 ,comprehensive customer service strategy 7a7 ,in general ,not later than the date which is #a year after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to ,congress a written comprehensive customer service strategy for the ,internal ,revenue ,service4 ,such strategy shall include-- 7#a7 a plan to provide assistance to taxpayers that is secure1 designed to meet reasonable taxpayer expectations1 and adopts appropriate best practices of customer service provided in the private sector1 including online services1 telephone call back services1 and training of employees providing customer services1 7#b7 a thorough assessment of the services that the ,internal ,revenue ,service can co-locate with other ,federal services or offer as self-service options1 7#c7 proposals to improve ,internal ,revenue ,service customer service in the short term 7the current and following fiscal year71 medium term 7approximately #c to #e fiscal years71 and long term 7approximately #aj fiscal years71 7#d7 a plan to update guidance and training materials for customer service employees of the ,internal ,revenue ,service1 including the ,internal ,revenue ,manual1 to reflect such strategy1 and 7#e7 identified metrics and benchmarks for quantitatively measuring the progress of the ,internal ,revenue ,service in implementing such strategy4 7b7 ,updated guidance and training materials ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall make available the updated guidance and training materials described in subsection 7a77#d7 7including the ,internal ,revenue ,manual74 ,such updated guidance and training materials 7including the ,internal ,revenue ,manual7 shall be written in a manner so as to be easily understood by customer service employees of the ,internal ,revenue ,service and shall provide clear instructions4 #aajb4 ,,irs ,free ,file ,program 7a7 ,in general 7#a7 ,the ,secretary of the ,treasury1 or the ,secretary's delegate1 shall continue to operate the ,,irs ,free ,file ,program as established by the ,internal ,revenue ,service and published in the ,federal ,register on ,november #d1 #bjjb 7#fg ,fed4 ,reg4 #fgbdg71 including any subsequent agreements and governing rules established pursuant thereto4 7#b7 ,the ,,irs ,free ,file ,program shall continue to provide free commercial-type online individual income tax preparation and electronic filing services to the lowest #gj percent of taxpayers by adjusted gross income4 ,the number of taxpayers eligible to receive such services each year shall be calculated by the ,internal ,revenue ,service annually based on prior year aggregate taxpayer adjusted gross income data4 7#c7 ,in addition to the services described in paragraph 7#b71 and in the same manner1 the ,,irs ,free ,file ,program shall continue to make available to all taxpayers 7without regard to income7 a basic1 online electronic fillable forms utility4 7#d7 ,the ,,irs ,free ,file ,program shall continue to work cooperatively with the private sector to provide the free individual income tax preparation and the electronic filing services described in paragraphs 7#b7 and 7#c74 7#e7 ,the ,,irs ,free ,file ,program shall work cooperatively with ,state government agencies to enhance and expand the use of the program to provide needed benefits to the taxpayer while reducing the cost of processing returns4 7b7 ,innovations ,the ,secretary of the ,treasury1 or the ,secretary's delegate1 shall work with the private sector through the ,,irs ,free ,file ,program to identify and implement1 consistent with applicable law1 innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns through voluntary compliance4 #aajc4 ,low-income exception for payments otherwise required in connection with a submission of an offer-in-compromise 7a7 ,in general ,section #gabb7;c7 is amended by adding at the end the following new paragraph3 7#c7 ,exception for low-income taxpayers ,paragraph 7#a71 and any user fee otherwise required in connection with the submission of an offer-in-compromise1 shall not apply to any offer-in-compromise with respect to a taxpayer who is an individual with adjusted gross income1 as determined for the most recent taxable year for which such information is available1 which does not exceed #bej percent of the applicable poverty level 7as determined by the ,secretary74 4 7b7 ,effective date ,the amendment made by this section shall apply to offers-in-compromise submitted after the date of the enactment of this ,act4 ,c ,sensible ,enforcement #abja4 ,internal ,revenue ,service seizure requirements with respect to structuring transactions ,section #ecag7;c77#b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by striking ,any property and inserting the following3 7,a7 ,in general ,any property 2 and 7#b7 by adding at the end the following3 7,b7 ,internal ,revenue ,service seizure requirements with respect to structuring transactions 7i7 ,property derived from an illegal source ,property may only be seized by the ,internal ,revenue ,service pursuant to subparagraph 7,a7 by reason of a claimed violation of section #ecbd if the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section #ecbd4 7ii7 ,notice ,not later than #cj days after property is seized by the ,internal ,revenue ,service pursuant to subparagraph 7,a71 the ,internal ,revenue ,service shall-- 7,i7 make a good faith effort to find all persons with an ownership interest in such property2 and 7,,ii7 provide each such person so found with a notice of the seizure and of the person's rights under clause 7iv74 7iii7 ,extension of notice under certain circumstances ,the ,internal ,revenue ,service may apply to a court of competent jurisdiction for one #cj-;day extension of the notice requirement under clause 7ii7 if the ,internal ,revenue ,service can establish probable cause of an imminent threat to national security or personal safety necessitating such extension4 7iv7 ,post-seizure hearing ,if a person with an ownership interest in property seized pursuant to subparagraph 7,a7 by the ,internal ,revenue ,service requests a hearing by a court of competent jurisdiction within #cj days after the date on which notice is provided under subclause 7ii71 such property shall be returned unless the court holds an adversarial hearing and finds within #cj days of such request 7or such longer period as the court may provide1 but only on request of an interested party7 that there is probable cause to believe that there is a violation of section #ecbd involving such property and probable cause to believe that the property to be seized was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than section #ecbd4 4 #abjb4 ,exclusion of interest received in action to recover property seized by the ,internal ,revenue ,service based on structuring transaction 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a is amended by inserting before section #adj the following new section3 #aci;,h4 ,interest received in action to recover property seized by the ,internal ,revenue ,service based on structuring transaction ,gross income shall not include any interest received from the ,federal ,government in connection with an action to recover property seized by the ,internal ,revenue ,service pursuant to section #ecag7;c77#b7 of title #ca1 ,united ,states ,code1 by reason of a claimed violation of section #ecbd of such title4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a is amended by inserting before the item relating to section #adj the following new item3 ,sec4 #aci;,h4 ,interest received in action to recover property seized by the ,internal ,revenue ,service based on structuring transaction4 4 7c7 ,effective date ,the amendments made by this section shall apply to interest received on or after the date of the enactment of this ,act4 #abjc4 ,clarification of equitable relief from joint liability 7a7 ,in general ,section #fjae is amended-- 7#a7 in subsection 7e71 by adding at the end the following new paragraph3 7#g7 ,standard and scope of review ,any review of a determination made under this section shall be reviewed de novo by the ,tax ,court and shall be based upon-- 7,a7 the administrative record established at the time of the determination1 and 7,b7 any additional newly discovered or previously unavailable evidence4 1 and 7#b7 by amending subsection 7f7 to read as follows3 7f7 ,equitable relief 7#a7 ,in general ,under procedures prescribed by the ,secretary1 if-- 7,a7 taking into account all the facts and circumstances1 it is inequitable to hold the individual liable for any unpaid tax or any deficiency 7or any portion of either71 and 7,b7 relief is not available to such individual under subsection 7b7 or 7c71 the ,secretary may relieve such individual of such liability4 7#b7 ,limitation ,a request for equitable relief under this subsection may be made with respect to any portion of any liability that-- 7,a7 has not been paid1 provided that such request is made before the expiration of the applicable period of limitation under section #fejb1 or 7,b7 has been paid1 provided that such request is made during the period in which the individual could submit a timely claim for refund or credit of such payment4 4 7b7 ,effective date ,the amendments made by this section shall apply to petitions or requests filed or pending on or after the date of the enactment of this ,act4 #abjd4 ,modification of procedures for issuance of third-party summons 7a7 ,in general ,section #gfji7;f7 is amended by adding at the end the following flush sentence3 ,the ,secretary shall not issue any summons described in the preceding sentence unless the information sought to be obtained is narrowly tailored to information that pertains to the failure 7or potential failure7 of the person or group or class of persons referred to in paragraph 7#b7 to comply with one or more provisions of the internal revenue law which have been identified for purposes of such paragraph4 4 7b7 ,effective date ,the amendments made by this section shall apply to summonses served after the date of the enactment of this ,act4 #abje4 ,private debt collection and special compliance personnel program 7a7 ,certain tax receivables not eligible for collection under tax collection contracts ,section #fcjf7;d77#c7 is amended by striking or at the end of subparagraph 7,c7 and by inserting after subparagraph 7,d7 the following new subparagraphs3 7,e7 a taxpayer substantially all of whose income consists of disability insurance benefits under section #bbc of the ,social ,security ,act or supplemental security income benefits under title ,,xvi of the ,social ,security ,act 7including supplemental security income benefits of the type described in section #afaf of such ,act or section #bab of ,public ,law #ic-ff71 or 7,f7 a taxpayer who is an individual with adjusted gross income1 as determined for the most recent taxable year for which such information is available1 which does not exceed #bjj percent of the applicable poverty level 7as determined by the ,secretary74 4 7b7 ,determination of inactive tax receivables eligible for collection under tax collection contracts ,section #fcjf7;c77#b77;,a77ii7 is amended by striking more than #a_/c of the period of the applicable statute of limitation has lapsed and inserting more than #b years has passed since assessment4 7c7 ,maximum length of installment agreements offered under tax collection contracts ,section #fcjf7;b77#a77;,b7 is amended by striking #e years and inserting #g years4 7d7 ,clarification that special compliance personnel program account may be used for program costs 7#a7 ,in general ,section #fcjg7;b7 is amended-- 7,a7 in paragraph 7#b71 by striking all that follows under such program and inserting a period1 and 7,b7 in paragraph 7#c71 by striking all that follows out of such account and inserting for other than program costs4 7#b7 ,communications1 software1 and technology costs treated as program costs ,section #fcjg7;d77#b77;,b7 is amended by striking telecommunications and inserting communications1 software1 technology4 7#c7 ,conforming amendment ,section #fcjg7;d77#b7 is amended by striking and at the end of subparagraph 7,a71 by striking the period at the end of subparagraph 7,b7 and inserting 1 and1 and by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 reimbursement of the ,internal ,revenue ,service or other government agencies for the cost of administering the qualified tax collection program under section #fcjf4 4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to tax receivables identified by the ,secretary 7or the ,secretary's delegate7 after ,december #ca1 #bjai4 7#b7 ,maximum length of installment agreements ,the amendment made by subsection 7c7 shall apply to contracts entered into after the date of the enactment of this ,act4 7#c7 ,use of special compliance personnel program account ,the amendment made by subsection 7d7 shall apply to amounts expended from the special compliance personnel program account after the date of the enactment of this ,act4 #abjf4 ,reform of notice of contact of third parties 7a7 ,in general ,section #gfjb7;c77#a7 is amended to read as follows3 7#a7 ,general notice ,an officer or employee of the ,internal ,revenue ,service may not contact any person other than the taxpayer with respect to the determination or collection of the tax liability of such taxpayer unless such contact occurs during a period 7not greater than #a year7 which is specified in a notice which-- 7,a7 informs the taxpayer that contacts with persons other than the taxpayer are intended to be made during such period1 and 7,b7 except as otherwise provided by the ,secretary1 is provided to the taxpayer not later than #de days before the beginning of such period4 ,nothing in the preceding sentence shall prevent the issuance of notices to the same taxpayer with respect to the same tax liability with periods specified therein that1 in the aggregate1 exceed #a year4 ,a notice shall not be issued under this paragraph unless there is an intent at the time such notice is issued to contact persons other than the taxpayer during the period specified in such notice4 ,the preceding sentence shall not prevent the issuance of a notice if the requirement of such sentence is met on the basis of the assumption that the information sought to be obtained by such contact will not be obtained by other means before such contact4 4 7b7 ,effective date ,the amendment made by this section shall apply to notices provided1 and contacts of persons made1 after the date which is #de days after the date of the enactment of this ,act4 #abjg4 ,modification of authority to issue designated summons 7a7 ,in general ,paragraph 7#a7 of section #fejc7;j7 is amended by striking coordinated examination program and inserting coordinated industry case program4 7b7 ,requirements for summons ,clause 7i7 of section #fejc7;j77#b77;,a7 is amended to read as follows3 7i7 the issuance of such summons is preceded by a review and written approval of such issuance by the ,commissioner of the relevant operating division of the ,internal ,revenue ,service and the ,chief ,counsel which-- 7,i7 states facts clearly establishing that the ,secretary has made reasonable requests for the information that is the subject of the summons1 and 7,,ii7 is attached to such summons1 4 7c7 ,establishment that reasonable requests for information were made ,subsection 7j7 of section #fejc is amended by adding at the end the following new paragraph3 7#d7 ,establishment that reasonable requests for information were made ,in any court proceeding described in paragraph 7#c71 the ,secretary shall establish that reasonable requests were made for the information that is the subject of the summons4 4 7d7 ,effective date ,the amendments made by this section shall apply to summonses issued after the date of the enactment of this ,act4 #abjh4 ,limitation on access of non-,internal ,revenue ,service employees to returns and return information 7a7 ,in general ,section #gfjb is amended by adding at the end the following new subsection3 7f7 ,limitation on access of persons other than ,internal ,revenue ,service officers and employees ,the ,secretary shall not1 under the authority of section #fajc7n71 provide any books1 papers1 records1 or other data obtained pursuant to this section to any person authorized under section #fajc7n71 except when such person requires such information for the sole purpose of providing expert evaluation and assistance to the ,internal ,revenue ,service4 ,no person other than an officer or employee of the ,internal ,revenue ,service or the ,office of ,chief ,counsel may1 on behalf of the ,secretary1 question a witness under oath whose testimony was obtained pursuant to this section4 4 7b7 ,effective date ,the amendment made by this section-- 7#a7 shall take effect on the date of the enactment of this ,act1 and 7#b7 shall not fail to apply to a contract in effect under section #fajc7n7 of the ,internal ,revenue ,code of #aihf merely because such contract was in effect before the date of the enactment of this ,act4 ,d ,organizational modernization #acja4 ,office of the ,national ,taxpayer ,advocate 7a7 ,taxpayer ,advocate ,directives 7#a7 ,in general ,section #ghjc7;c7 is amended by adding at the end the following new paragraph3 7#e7 ,taxpayer ,advocate ,directives ,in the case of any ,taxpayer ,advocate ,directive issued by the ,national ,taxpayer ,advocate pursuant to a delegation of authority from the ,commissioner of the ,internal ,revenue ,service-- 7,a7 the ,commissioner or a ,deputy ,commissioner shall modify1 rescind1 or ensure compliance with such directive not later than #ij days after the issuance of such directive1 and 7,b7 in the case of any directive which is modified or rescinded by a ,deputy ,commissioner1 the ,national ,taxpayer ,advocate may 7not later than #ij days after such modification or rescission7 appeal to the ,commissioner and the ,commissioner shall 7not later than #ij days after such appeal is made7 ensure compliance with such directive as issued by the ,national ,taxpayer ,advocate or provide the ,national ,taxpayer ,advocate with a detailed description of the reasons for any modification or rescission made or upheld by the ,commissioner pursuant to such appeal4 4 7#b7 ,report to certain committees of ,congress regarding directives ,section #ghjc7;c77#b77;,b77ii7 is amended by redesignating subclauses 7,,viii7 through 7,,xi7 as subclauses 7,,ix7 through 7,,xii71 respectively1 and by inserting after subclause 7,,vii7 the following new subclause3 7,,viii7 identify any ,taxpayer ,advocate ,directive which was not honored by the ,internal ,revenue ,service in a timely manner1 as specified under paragraph 7#e72 4 7b7 ,national ,taxpayer ,advocate annual reports to ,congress 7#a7 ,inclusion of most serious taxpayer problems ,section #ghjc7;c77#b77;,b77ii77,,iii7 is amended by striking at least #bj of the and inserting the #aj4 7#b7 ,coordination with ,treasury ,inspector ,general for ,tax ,administration ,section #ghjc7;c77#b7 is amended by adding at the end the following new subparagraph3 7,e7 ,coordination with ,treasury ,inspector ,general for ,tax ,administration ,before beginning any research or study1 the ,national ,taxpayer ,advocate shall coordinate with the ,treasury ,inspector ,general for ,tax ,administration to ensure that the ,national ,taxpayer ,advocate does not duplicate any action that the ,treasury ,inspector ,general for ,tax ,administration has already undertaken or has a plan to undertake4 4 7#c7 ,statistical support 7,a7 ,in general ,section #fajh is amended by adding at the end the following new subsection3 7d7 ,statistical support for ,national ,taxpayer ,advocate ,the ,secretary shall1 upon request of the ,national ,taxpayer ,advocate1 provide the ,national ,taxpayer ,advocate with statistical support in connection with the preparation by the ,national ,taxpayer ,advocate of the annual report described in section #ghjc7;c77#b77;,b77ii74 ,such statistical support shall include statistical studies1 compilations1 and the review of information provided by the ,national ,taxpayer ,advocate for statistical validity and sound statistical methodology4 4 7,b7 ,disclosure of review ,section #ghjc7;c77#b77;,b77ii71 as amended by subsection 7a71 is amended by redesignating subclause 7,,xii7 as subclause 7,,xiii7 and by inserting after subclause 7,,xi7 the following new subclause3 7,,xii7 with respect to any statistical information included in such report1 include a statement of whether such statistical information was reviewed or provided by the ,secretary under section #fajh7;d7 and1 if so1 whether the ,secretary determined such information to be statistically valid and based on sound statistical methodology4 4 7,c7 ,conforming amendment ,section #ghjc7;c77#b77;,b77iii7 is amended by adding at the end the following3 ,the preceding sentence shall not apply with respect to statistical information provided to the ,secretary for review1 or received from the ,secretary1 under section #fajh7;d744 7c7 ,salary of ,national ,taxpayer ,advocate ,section #ghjc7;c77#a77;,b77i7 is amended by striking 1 or1 if the ,secretary of the ,treasury so determines1 at a rate fixed under section #iejc of such title4 7d7 ,effective date 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,salary of ,national ,taxpayer ,advocate ,the amendment made by subsection 7c7 shall apply to compensation paid to individuals appointed as the ,national ,taxpayer ,advocate after the date of the enactment of this ,act4 #acjb4 ,modernization of ,internal ,revenue ,service organizational structure 7a7 ,in general ,not later than ,september #cj1 #bjbj1 the ,commissioner of the ,internal ,revenue ,service shall submit to ,congress a comprehensive written plan to redesign the organization of the ,internal ,revenue ,service4 ,such plan shall-- 7#a7 ensure the successful implementation of the priorities specified by ,congress in this ,act1 7#b7 prioritize taxpayer services to ensure that all taxpayers easily and readily receive the assistance that they need1 7#c7 streamline the structure of the agency including minimizing the duplication of services and responsibilities within the agency1 7#d7 best position the ,internal ,revenue ,service to combat cybersecurity and other threats to the ,internal ,revenue ,service1 and 7#e7 address whether the ,criminal ,investigation ,division of the ,internal ,revenue ,service should report directly to the ,commissioner4 7b7 ,repeal of restriction on organizational structure of ,internal ,revenue ,service ,paragraph 7#c7 of section #ajja7;a7 of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih shall cease to apply beginning #a year after the date on which the ,commissioner of the ,internal ,revenue ,service submits to ,congress the plan described in subsection 7a74 ,e ,other provisions #adja4 ,return preparation programs for applicable taxpayers 7a7 ,in general ,chapter #gg is amended by inserting after section #gebf the following new section3 #gebf;,a4 ,return preparation programs for applicable taxpayers 7a7 ,establishment of ,volunteer ,income ,tax ,assistance ,matching ,grant ,program ,the ,secretary shall establish a ,community ,volunteer ,income ,tax ,assistance ,matching ,grant ,program under which the ,secretary may1 subject to the availability of appropriated funds1 make grants to provide matching funds for the development1 expansion1 or continuation of qualified return preparation programs assisting applicable taxpayers and members of underserved populations4 7b7 ,use of funds 7#a7 ,in general ,qualified return preparation programs may use grants received under this section for-- 7,a7 ordinary and necessary costs associated with program operation in accordance with cost principles under the applicable ,office of ,management and ,budget circular1 including-- 7i7 wages or salaries of persons coordinating the activities of the program1 7ii7 developing training materials1 conducting training1 and performing quality reviews of the returns prepared under the program1 7iii7 equipment purchases1 and 7iv7 vehicle-related expenses associated with remote or rural tax preparation services1 7,b7 outreach and educational activities described in subsection 7c77#b77;,b71 and 7,c7 services related to financial education and capability1 asset development1 and the establishment of savings accounts in connection with tax return preparation4 7#b7 ,requirement of matching funds ,a qualified return preparation program must provide matching funds on a dollar-for-dollar basis for all grants provided under this section4 ,matching funds may include-- 7,a7 the salary 7including fringe benefits7 of individuals performing services for the program1 7,b7 the cost of equipment used in the program1 and 7,c7 other ordinary and necessary costs associated with the program4 ,indirect expenses1 including general overhead of any entity administering the program1 shall not be counted as matching funds4 7c7 ,application 7#a7 ,in general ,each applicant for a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to applications which demonstrate-- 7,a7 assistance to applicable taxpayers1 with emphasis on outreach to1 and services for1 such taxpayers1 7,b7 taxpayer outreach and educational activities relating to eligibility and availability of income supports available through this title1 including the earned income tax credit1 and 7,c7 specific outreach and focus on one or more underserved populations4 7#c7 ,amounts taken into account ,in determining matching grants under this section1 the ,secretary shall only take into account amounts provided by the qualified return preparation program for expenses described in subsection 7b74 7d7 ,program adherence 7#a7 ,in general ,the ,secretary shall establish procedures for1 and shall conduct not less frequently than once every #e calendar years during which a qualified return preparation program is operating under a grant under this section1 periodic site visits-- 7,a7 to ensure the program is carrying out the purposes of this section1 and 7,b7 to determine whether the program meets such program adherence standards as the ,secretary shall by regulation or other guidance prescribe4 7#b7 ,additional requirements for grant recipients not meeting program adherence standards ,in the case of any qualified return preparation program which-- 7,a7 is awarded a grant under this section1 and 7,b7 is subsequently determined-- 7i7 not to meet the program adherence standards described in paragraph 7#a77;,b71 or 7ii7 not to be otherwise carrying out the purposes of this section1 such program shall not be eligible for any additional grants under this section unless such program provides sufficient documentation of corrective measures established to address any such deficiencies determined4 7e7 ,definitions ,for purposes of this section-- 7#a7 ,qualified return preparation program ,the term qualified return preparation program means any program-- 7,a7 which provides assistance to individuals1 not less than #ij percent of whom are applicable taxpayers1 in preparing and filing ,federal income tax returns1 7,b7 which is administered by a qualified entity1 7,c7 in which all volunteers who assist in the preparation of ,federal income tax returns meet the training requirements prescribed by the ,secretary1 and 7,d7 which uses a quality review process which reviews #ajj percent of all returns4 7#b7 ,qualified entity 7,a7 ,in general ,the term qualified entity means any entity which-- 7i7 is an eligible organization1 7ii7 is in compliance with ,federal tax filing and payment requirements1 7iii7 is not debarred or suspended from ,federal contracts1 grants1 or cooperative agreements1 and 7iv7 agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this section4 7,b7 ,eligible organization ,the term eligible organization means-- 7i7 an institution of higher education which is described in section #ajb 7other than subsection 7a77#a77;,c7 thereof7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 as in effect on the date of the enactment of this section1 and which has not been disqualified from participating in a program under title ,,iv of such ,act1 7ii7 an organization described in section #eja7;c7 and exempt from tax under section #eja7;a71 7iii7 a local government agency1 including-- 7,i7 a county or municipal government agency1 and 7,,ii7 an ,indian tribe1 as defined in section #d7ac7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc7ac771 including any tribally designated housing entity 7as defined in section #d7bb7 of such ,act 7#be ,u4,s4,c4 #dajc7bb7771 tribal subsidiary1 subdivision1 or other wholly owned tribal entity1 7iv7 a local1 ,state1 regional1 or national coalition 7with one lead organization which meets the eligibility requirements of clause 7i71 7ii71 or 7iii7 acting as the applicant organization71 or 7v7 in the case of applicable taxpayers and members of underserved populations with respect to which no organizations described in the preceding clauses are available-- 7,i7 a ,state government agency1 or 7,,ii7 an office providing ,cooperative ,extension services 7as established at the land-grant colleges and universities under the ,smith-,lever ,act of ,may #h1 #aiad74 7#c7 ,applicable taxpayers ,the term applicable taxpayer means a taxpayer whose income for the taxable year does not exceed an amount equal to the completed phaseout amount under section #cb7;b7 for a married couple filing a joint return with three or more qualifying children1 as determined in a revenue procedure or other published guidance4 7#d7 ,underserved population ,the term underserved population includes populations of persons with disabilities1 persons with limited ,english proficiency1 ,native ,americans1 individuals living in rural areas1 members of the ,armed ,forces and their spouses1 and the elderly4 7f7 ,special rules and limitations 7#a7 ,duration of grants ,upon application of a qualified return preparation program1 the ,secretary is authorized to award a multi-year grant not to exceed #c years4 7#b7 ,aggregate limitation ,unless otherwise provided by specific appropriation1 the ,secretary shall not allocate more than #cj1jjj1jjj per fiscal year 7exclusive of costs of administering the program7 to grants under this section4 7g7 ,promotion of programs 7#a7 ,in general ,the ,secretary shall promote tax preparation through qualified return preparation programs through the use of mass communications and other means4 7#b7 ,provision of information regarding qualified return preparation programs ,the ,secretary may provide taxpayers information regarding qualified return preparation programs receiving grants under this section4 7#c7 ,,vita grantee referral ,qualified return preparation programs receiving a grant under this section are encouraged1 in appropriate cases1 to-- 7,a7 advise taxpayers of the availability of1 and eligibility requirements for receiving1 advice and assistance from qualified low-income taxpayer clinics receiving funding under section #gebf1 and 7,b7 provide information regarding the location of1 and contact information for1 such clinics4 4 7b7 ,clerical amendment ,the table of sections for chapter #gg is amended by inserting after the item relating to section #gebf the following new item3 ,sec4 #gebf;,a4 ,return preparation programs for applicable taxpayers4 4 #adjb4 ,provision of information regarding low-income taxpayer clinics 7a7 ,in general ,section #gebf7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#f7 ,provision of information regarding qualified low-income taxpayer clinics ,notwithstanding any other provision of law1 officers and employees of the ,department of the ,treasury may-- 7,a7 advise taxpayers of the availability of1 and eligibility requirements for receiving1 advice and assistance from one or more specific qualified low-income taxpayer clinics receiving funding under this section1 and 7,b7 provide information regarding the location of1 and contact information for1 such clinics4 4 7b7 ,effective date ,the amendment made by this section shall take effect on the date of the enactment of this ,act4 #adjc4 ,notice from ,,irs regarding closure of taxpayer assistance centers ,not later than #ij days before the date that a proposed closure of a ,taxpayer ,assistance ,center would take effect1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall-- 7#a7 make publicly available 7including by non-electronic means7 a notice which-- 7,a7 identifies the ,taxpayer ,assistance ,center proposed for closure and the date of such proposed closure1 and 7,b7 identifies the relevant alternative sources of taxpayer assistance which may be utilized by taxpayers affected by such proposed closure1 and 7#b7 submit to ,congress a written report that includes-- 7,a7 the information included in the notice described in paragraph 7#a71 7,b7 the reasons for such proposed closure1 and 7,c7 such other information as the ,secretary may determine appropriate4 #adjd4 ,rules for seizure and sale of perishable goods restricted to only perishable goods 7a7 ,in general ,section #fccf of the ,internal ,revenue ,code of #aihf is amended by striking or become greatly reduced in price or value by keeping1 or that such property cannot be kept without great expense4 7b7 ,effective date ,the amendment made by this section shall apply to property seized after the date of the enactment of this ,act4 #adje4 ,whistleblower reforms 7a7 ,modifications to disclosure rules for whistleblowers 7#a7 ,in general ,section #fajc7k7 is amended by adding at the end the following new paragraph3 7#ac7 ,disclosure to whistleblowers 7,a7 ,in general ,the ,secretary may disclose1 to any individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a71 return information related to the investigation of any taxpayer with respect to whom the individual has provided such information1 but only to the extent that such disclosure is necessary in obtaining information1 which is not otherwise reasonably available1 with respect to the correct determination of tax liability for tax1 or the amount to be collected with respect to the enforcement of any other provision of this title4 7,b7 ,updates on whistleblower investigations ,the ,secretary shall disclose to an individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a7 the following3 7i7 ,not later than #fj days after a case for which the individual has provided information has been referred for an audit or examination1 a notice with respect to such referral4 7ii7 ,not later than #fj days after a taxpayer with respect to whom the individual has provided information has made a payment of tax with respect to tax liability to which such information relates1 a notice with respect to such payment4 7iii7 ,subject to such requirements and conditions as are prescribed by the ,secretary1 upon a written request by such individual-- 7,i7 information on the status and stage of any investigation or action related to such information1 and 7,,ii7 in the case of a determination of the amount of any award under section #gfbc7;b71 the reasons for such determination4 ,clause 7iii7 shall not apply to any information if the ,secretary determines that disclosure of such information would seriously impair ,federal tax administration4 ,information described in clauses 7i71 7ii71 and 7iii7 may be disclosed to a designee of the individual providing such information in accordance with guidance provided by the ,secretary4 4 7#b7 ,conforming amendments 7,a7 ,confidentiality of information ,section #fajc7;a77#c7 is amended by striking subsection 7k77#aj7 and inserting paragraph 7#aj7 or 7#ac7 of subsection 7k74 7,b7 ,penalty for unauthorized disclosure ,section #gbac7;a77#b7 is amended by striking 7k77#aj7 and inserting 7k77#aj7 or 7#ac74 7,c7 ,coordination with authority to disclose for investigative purposes ,section #fajc7k77#f7 is amended by adding at the end the following new sentence3 ,this paragraph shall not apply to any disclosure to an individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a7 which is made under paragraph 7#ac77;,a744 7b7 ,protection against retaliation ,section #gfbc is amended by adding at the end the following new subsection3 7d7 ,civil action ,to protect against retaliation cases 7#a7 ,anti-retaliation whistleblower protection for employees ,no employer1 or any officer1 employee1 contractor1 subcontractor1 or agent of such employer1 may discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against an employee in the terms and conditions of employment 7including through an act in the ordinary course of such employee's duties7 in reprisal for any lawful act done by the employee-- 7,a7 to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding underpayment of tax or any conduct which the employee reasonably believes constitutes a violation of the internal revenue laws or any provision of ,federal law relating to tax fraud1 when the information or assistance is provided to the ,internal ,revenue ,service1 the ,secretary of ,treasury1 the ,treasury ,inspector ,general for ,tax ,administration1 the ,comptroller ,general of the ,united ,states1 the ,department of ,justice1 the ,united ,states ,congress1 a person with supervisory authority over the employee1 or any other person working for the employer who has the authority to investigate1 discover1 or terminate misconduct1 or 7,b7 to testify1 participate in1 or otherwise assist in any administrative or judicial action taken by the ,internal ,revenue ,service relating to an alleged underpayment of tax or any violation of the internal revenue laws or any provision of ,federal law relating to tax fraud4 7#b7 ,enforcement action 7,a7 ,in general ,a person who alleges discharge or other reprisal by any person in violation of paragraph 7#a7 may seek relief under paragraph 7#c7 by-- 7i7 filing a complaint with the ,secretary of ,labor1 or 7ii7 if the ,secretary of ,labor has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7,b7 ,procedure 7i7 ,in general ,an action under subparagraph 7,a77i7 shall be governed under the rules and procedures set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code4 7ii7 ,exception ,notification made under section #dbaba7;b77#a7 of title #di1 ,united ,states ,code1 shall be made to the person named in the complaint and to the employer4 7iii7 ,burdens of proof ,an action brought under subparagraph 7,a77ii7 shall be governed by the legal burdens of proof set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code1 except that in applying such section-- 7,i7 behavior described in paragraph 7#a7 shall be substituted for behavior described in paragraphs 7#a7 through 7#d7 of subsection 7a7 each place it appears in paragraph 7#b77;,b7 thereof1 and 7,,ii7 a violation of paragraph 7#a7 shall be substituted for a violation of subsection 7a7 each place it appears4 7iv7 ,statute of limitations ,a complaint under subparagraph 7,a77i7 shall be filed not later than #ahj days after the date on which the violation occurs4 7v7 ,jury trial ,a party to an action brought under subparagraph 7,a77ii7 shall be entitled to trial by jury4 7#c7 ,remedies 7,a7 ,in general ,an employee prevailing in any action under paragraph 7#b77;,a7 shall be entitled to all relief necessary to make the employee whole4 7,b7 ,compensatory damages ,relief for any action under subparagraph 7,a7 shall include-- 7i7 reinstatement with the same seniority status that the employee would have had1 but for the reprisal1 7ii7 the sum of #bjj percent of the amount of back pay and #ajj percent of all lost benefits1 with interest1 and 7iii7 compensation for any special damages sustained as a result of the reprisal1 including litigation costs1 expert witness fees1 and reasonable attorney fees4 7#d7 ,rights retained by employee ,nothing in this section shall be deemed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under any collective bargaining agreement4 7#e7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7,a7 ,waiver of rights and remedies ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7,b7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable1 if the agreement requires arbitration of a dispute arising under this subsection4 4 7c7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall apply to disclosures made after the date of the enactment of this ,act4 7#b7 ,civil protection ,the amendment made by subsection 7b7 shall take effect on the date of the enactment of this ,act4 #adjf4 ,customer service information ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall provide helpful information to taxpayers placed on hold during a telephone call to any ,internal ,revenue ,service help line1 including the following3 7#a7 ,information about common tax scams4 7#b7 ,information on where and how to report tax scams4 7#c7 ,additional advice on how taxpayers can protect themselves from identity theft and tax scams4 #adjg4 ,misdirected tax refund deposits ,section #fdjb is amended by adding at the end the following new subsection3 7n7 ,misdirected direct deposit refund ,not later than the date which is #f month after the date of the enactment of the ,taxpayer ,first ,act of #bjah1 the ,secretary shall prescribe regulations to establish procedures to allow for-- 7#a7 taxpayers to report instances in which a refund made by the ,secretary by electronic funds transfer was erroneously delivered to an account at a financial institution for which the taxpayer is not the owner2 7#b7 coordination with financial institutions for the purpose of-- 7,a7 identifying erroneous payments described in paragraph 7#a72 and 7,b7 recovery of the erroneously transferred amounts2 and 7#c7 the refund to be delivered to the correct account of the taxpayer4 4 ,,ii #bast ,century ,,irs ,a ,cybersecurity and identity protection #bjja4 ,public-private partnership to address identity theft refund fraud ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall work collaboratively with the public and private sectors to protect taxpayers from identity theft refund fraud4 #bjjb4 ,recommendations of ,electronic ,tax ,administration ,advisory ,committee regarding identity theft refund fraud ,the ,secretary of the ,treasury shall ensure that the advisory group convened by the ,secretary pursuant to section #bjja7;b77#b7 of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih 7commonly known as the ,electronic ,tax ,administration ,advisory ,committee7 studies 7including by providing organized public forums7 and makes recommendations to the ,secretary regarding methods to prevent identity theft and refund fraud4 #bjjc4 ,information sharing and analysis center 7a7 ,in general ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 may participate in an information sharing and analysis center to centralize1 standardize1 and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft tax refund fraud4 7b7 ,development of performance metrics ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall develop metrics for measuring the success of such center in detecting and preventing identity theft tax refund fraud4 7c7 ,disclosure 7#a7 ,in general ,section #fajc7k71 as amended by this ,act1 is amended by adding at the end the following new paragraph3 7#ad7 ,disclosure of return information for purposes of cybersecurity and the prevention of identity theft tax refund fraud 7,a7 ,in general ,under such procedures and subject to such conditions as the ,secretary may prescribe1 the ,secretary may disclose specified return information to specified ,,isac participants to the extent that the ,secretary determines such disclosure is in furtherance of effective ,federal tax administration relating to the detection or prevention of identity theft tax refund fraud1 validation of taxpayer identity1 authentication of taxpayer returns1 or detection or prevention of cybersecurity threats4 7,b7 ,specified ,,isac participants ,for purposes of this paragraph-- 7i7 ,in general ,the term specified ,,isac participant means-- 7,i7 any person designated by the ,secretary as having primary responsibility for a function performed with respect to the information sharing and analysis center described in section #bjjc7;a7 of the ,taxpayer ,first ,act of #bjah1 and 7,,ii7 any person subject to the requirements of section #gbaf and which is a participant in such information sharing and analysis center4 7ii7 ,information sharing agreement ,such term shall not include any person unless such person has entered into a written agreement with the ,secretary setting forth the terms and conditions for the disclosure of information to such person under this paragraph1 including requirements regarding the protection and safeguarding of such information by such person4 7,c7 ,specified return information ,for purposes of this paragraph1 the term specified return information means-- 7i7 in the case of a return which is in connection with a case of potential identity theft refund fraud-- 7,i7 in the case of such return filed electronically1 the internet protocol address1 device identification1 email domain name1 speed of completion1 method of authentication1 refund method1 and such other return information related to the electronic filing characteristics of such return as the ,secretary may identify for purposes of this subclause1 and 7,,ii7 in the case of such return prepared by a tax return preparer1 identifying information with respect to such tax return preparer1 including the preparer taxpayer identification number and electronic filer identification number of such preparer1 7ii7 in the case of a return which is in connection with a case of a identity theft refund fraud which has been confirmed by the ,secretary 7pursuant to such procedures as the ,secretary may provide71 the information referred to in subclauses 7,i7 and 7,,ii7 of clause 7i71 the name and taxpayer identification number of the taxpayer as it appears on the return1 and any bank account and routing information provided for making a refund in connection with such return1 and 7iii7 in the case of any cybersecurity threat to the ,internal ,revenue ,service1 information similar to the information described in subclauses 7,i7 and 7,,ii7 of clause 7i7 with respect to such threat4 7,d7 ,restriction on use of disclosed information 7i7 ,designated third parties ,any return information received by a person described in subparagraph 7,b77i77,i7 shall be used only for the purposes of and to the extent necessary in-- 7,i7 performing the function such person is designated to perform under such subparagraph1 7,,ii7 facilitating disclosures authorized under subparagraph 7,a7 to persons described in subparagraph 7,b77i77,,ii71 and 7,,iii7 facilitating disclosures authorized under subsection 7d7 to participants in such information sharing and analysis center4 7ii7 ,return preparers ,any return information received by a person described in subparagraph 7,b77i77,,ii7 shall be treated for purposes of section #gbaf as information furnished to such person for1 or in connection with1 the preparation of a return of the tax imposed under chapter #a4 7,e7 ,data protection and safeguards ,return information disclosed under this paragraph shall be subject to such protections and safeguards as the ,secretary may require in regulations or other guidance or in the written agreement referred to in subparagraph 7,b77ii74 ,such written agreement shall include a requirement that any unauthorized access to information disclosed under this paragraph1 and any breach of any system in which such information is held1 be reported to the ,treasury ,inspector ,general for ,tax ,administration4 4 7#b7 ,application of civil and criminal penalties 7,a7 ,section #fajc7;a77#c71 as amended by this ,act1 is amended by striking or 7#ac7 and inserting 7#ac71 or 7#ad74 7,b7 ,section #gbac7;a77#b71 as amended by this ,act1 is amended by striking or 7#ac7 and inserting 7#ac71 or 7#ad74 #bjjd4 ,compliance by contractors with confidentiality safeguards 7a7 ,in ,general ,section #fajc7p7 is amended by adding at the end the following new paragraph3 7#i7 ,disclosure to contractors and other agents ,notwithstanding any other provision of this section1 no return or return information shall be disclosed to any contractor or other agent of a ,federal1 ,state1 or local agency unless such agency1 to the satisfaction of the ,secretary-- 7,a7 has requirements in effect which require each such contractor or other agent which would have access to returns or return information to provide safeguards 7within the meaning of paragraph 7#d77 to protect the confidentiality of such returns or return information1 7,b7 agrees to conduct an on-site review every #c years 7or a mid-point review in the case of contracts or agreements of less than #c years in duration7 of each contractor or other agent to determine compliance with such requirements1 7,c7 submits the findings of the most recent review conducted under subparagraph 7,b7 to the ,secretary as part of the report required by paragraph 7#d77;,e71 and 7,d7 certifies to the ,secretary for the most recent annual period that such contractor or other agent is in compliance with all such requirements4 ,the certification required by subparagraph 7,d7 shall include the name and address of each contractor or other agent1 a description of the contract or agreement with such contractor or other agent1 and the duration of such contract or agreement4 ,the requirements of this paragraph shall not apply to disclosures pursuant to subsection 7n7 for purposes of ,federal tax administration4 4 7b7 ,conforming ,amendment ,section #fajc7p77#h77;,b7 is amended by inserting or paragraph 7#i7 after subparagraph 7,a74 7c7 ,effective ,date ,the amendments made by this section shall apply to disclosures made after ,december #ca1 #bjbb4 #bjje4 ,report on electronic payments ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate71 in coordination with the ,bureau of ,fiscal ,service and the ,internal ,revenue ,service1 and in consultation with private sector financial institutions1 shall submit a written report to ,congress describing how the government can utilize new payment platforms to increase the number of tax refunds paid by electronic funds transfer4 ,such report shall weigh the interests of reducing identity theft tax refund fraud1 reducing the ,federal ,government's costs in delivering tax refunds1 the costs and any associated fees charged to taxpayers 7including monthly and point-of-service fees7 to access their tax refunds1 the impact on individuals who do not have access to financial accounts or institutions1 and ensuring payments are made to accounts at a financial institution that complies with section #ba of the ,federal ,deposit ,insurance ,act1 chapter #b of title ,i of ,public ,law #ia-ejh1 and subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code 7commonly referred to collectively as the ,bank ,secrecy ,act7 and the ,,usa ,,patriot ,act4 ,such report shall include any legislative recommendations necessary to accomplish these goals4 #bjjf4 ,identity protection personal identification numbers 7a7 ,in ,general ,subject to subsection 7b71 the ,secretary of the ,treasury or the ,secretary's delegate 7hereafter referred to in this section as the ,secretary7 shall establish a program to issue1 upon the request of any individual1 a number which may be used in connection with such individual's social security number 7or other identifying information with respect to such individual as determined by the ,secretary7 to assist the ,secretary in verifying such individual's identity4 7b7 ,requirements 7#a7 ,annual expansion ,for each calendar year beginning after the date of the enactment of this ,act1 the ,secretary shall provide numbers through the program described in subsection 7a7 to individuals residing in such ,states as the ,secretary deems appropriate1 provided that the total number of ,states served by such program during such year is greater than the total number of ,states served by such program during the preceding year4 7#b7 ,nationwide availability ,not later than #e years after the date of the enactment of this ,act1 the ,secretary shall ensure that the program described in subsection 7a7 is made available to any individual residing in the ,united ,states4 #bjjg4 ,single point of contact for tax-related identity theft victims 7a7 ,in general ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall establish and implement procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to tax-related identity theft has a single point of contact at the ,internal ,revenue ,service throughout the processing of the taxpayer's case4 ,the single point of contact shall track the taxpayer's case to completion and coordinate with other ,internal ,revenue ,service employees to resolve case issues as quickly as possible4 7b7 ,single point of contact 7#a7 ,in general ,for purposes of subsection 7a71 the single point of contact shall consist of a team or subset of specially trained employees who-- 7,a7 have the ability to work across functions to resolve the issues involved in the taxpayer's case2 and 7,b7 shall be accountable for handling the case until its resolution4 7#b7 ,team or subset ,the employees included within the team or subset described in paragraph 7#a7 may change as required to meet the needs of the ,internal ,revenue ,service1 provided that procedures have been established to-- 7,a7 ensure continuity of records and case history2 and 7,b7 notify the taxpayer when appropriate4 #bjjh4 ,notification of suspected identity theft 7a7 ,in general ,chapter #gg is amended by adding at the end the following new section3 #gebi4 ,notification of suspected identity theft 7a7 ,in general ,if the ,secretary determines that there has been or may have been an unauthorized use of the identity of any individual1 the ,secretary shall1 without jeopardizing an investigation relating to tax administration-- 7#a7 as soon as practicable1 notify the individual of such determination and provide-- 7,a7 instructions on how to file a report with law enforcement regarding the unauthorized use of the identity of the individual1 7,b7 the identification of any forms necessary for the individual to complete and submit to law enforcement to permit access to personal information of the individual during the investigation1 7,c7 information regarding actions the individual may take in order to protect the individual from harm relating to such unauthorized use1 and 7,d7 an offer of identity protection measures to be provided to the individual by the ,internal ,revenue ,service1 such as the use of an identity protection personal identification number1 and 7#b7 at the time the information described in paragraph 7#a7 is provided 7or1 if not available at such time1 as soon as practicable thereafter71 issue additional notifications to such individual 7or such individual's designee7 regarding-- 7,a7 whether an investigation has been initiated in regards to such unauthorized use1 7,b7 whether the investigation substantiated an unauthorized use of the identity of the individual1 and 7,c7 whether-- 7i7 any action has been taken against a person relating to such unauthorized use1 or 7ii7 any referral has been made for criminal prosecution of such person and1 to the extent such information is available1 whether such person has been criminally charged by indictment or information4 7b7 ,employment-,related identity theft 7#a7 ,in general ,for purposes of this section1 the unauthorized use of the identity of an individual includes the unauthorized use of the identity of the individual to obtain employment4 7#b7 ,determination of employment-related identity theft ,for purposes of this section1 in making a determination as to whether there has been or may have been an unauthorized use of the identity of an individual to obtain employment1 the ,secretary shall review any information-- 7,a7 obtained from a statement described in section #fjea or an information return relating to compensation for services rendered other than as an employee1 or 7,b7 provided to the ,internal ,revenue ,service by the ,social ,security ,administration regarding any statement described in section #fjea1 which indicates that the social security account number provided on such statement or information return does not correspond with the name provided on such statement or information return or the name on the tax return reporting the income which is included on such statement or information return4 4 7b7 ,additional measures 7#a7 ,examination of both paper and electronic statements and returns ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall examine the statements1 information returns1 and tax returns described in section #gebi7;b77#b7 of the ,internal ,revenue ,code of #aihf 7as added by subsection 7a77 for any evidence of employment-related identity theft1 regardless of whether such statements or returns are submitted electronically or on paper4 7#b7 ,improvement of effective return processing program with ,social ,security ,administration ,section #bcb of the ,social ,security ,act 7#db ,u4,s4,c4 #dcb7 is amended by inserting after the third sentence the following3 ,for purposes of carrying out the return processing program described in the preceding sentence1 the ,commissioner of ,social ,security shall request1 not less than annually1 such information described in section #gebi7;b77#b7 of the ,internal ,revenue ,code of #aihf as may be necessary to ensure the accuracy of the records maintained by the ,commissioner of ,social ,security related to the amounts of wages paid to1 and the amounts of self-employment income derived by1 individuals44 7#c7 ,underreporting of income ,the ,secretary 7or the ,secretary's delegate7 shall establish procedures to ensure that income reported in connection with the unauthorized use of a taxpayer's identity is not taken into account in determining any penalty for underreporting of income by the victim of identity theft4 7c7 ,clerical amendment ,the table of sections for chapter #gg is amended by adding at the end the following new item3 ,sec4 #gebi4 ,notification of suspected identity theft4 4 7d7 ,effective date ,the amendments made by this section shall apply to determinations made after the date that is #f months after the date of the enactment of this ,act4 #bjji4 ,guidelines for stolen identity refund fraud cases 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary 7or the ,secretary's delegate71 in consultation with the ,national ,taxpayer ,advocate1 shall develop and implement publicly available guidelines for management of cases involving stolen identity refund fraud in a manner that reduces the administrative burden on taxpayers who are victims of such fraud4 7b7 ,standards and procedures ,to be considered ,the guidelines described in subsection 7a7 may include-- 7#a7 standards for-- 7,a7 the average length of time in which a case involving stolen identity refund fraud should be resolved2 7,b7 the maximum length of time1 on average1 a taxpayer who is a victim of stolen identity refund fraud and is entitled to a tax refund which has been stolen should have to wait to receive such refund2 and 7,c7 the maximum number of offices and employees within the ,internal ,revenue ,service with whom a taxpayer who is a victim of stolen identity refund fraud should be required to interact in order to resolve a case2 7#b7 standards for opening1 assigning1 reassigning1 or closing a case involving stolen identity refund fraud2 and 7#c7 procedures for implementing and accomplishing the standards described in paragraphs 7#a7 and 7#b71 and measures for evaluating such procedures and determining whether such standards have been successfully implemented4 #bjaj4 ,increased penalty for improper disclosure or use of information by preparers of returns 7a7 ,in general ,section #fgac is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,enhanced penalty for improper use or disclosure relating to identity theft 7#a7 ,in general ,in the case of a disclosure or use described in subsection 7a7 that is made in connection with a crime relating to the misappropriation of another person's taxpayer identity 7as defined in section #fajc7;b77#f771 whether or not such crime involves any tax filing1 subsection 7a7 shall be applied-- 7,a7 by substituting #a1jjj for #bej1 and 7,b7 by substituting #ej1jjj for #aj1jjj4 7#b7 ,separate application of total penalty limitation ,the limitation on the total amount of the penalty under subsection 7a7 shall be applied separately with respect to disclosures or uses to which this subsection applies and to which it does not apply4 4 7b7 ,criminal penalty ,section #gbaf7;a7 is amended by striking #a1jjj and inserting #a1jjj 7#ajj1jjj in the case of a disclosure or use to which section #fgac7;b7 applies74 7c7 ,effective date ,the amendments made by this section shall apply to disclosures or uses on or after the date of the enactment of this ,act4 ,b ,development of information technology #baja4 ,management of ,internal ,revenue ,service information technology 7a7 ,duties and responsibilities of ,internal ,revenue ,service ,chief ,information ,officer ,section #ghjc1 as amended by section #ajja1 is amended by adding at the end the following new subsection3 7f7 ,internal ,revenue ,service ,chief ,information ,officer 7#a7 ,in general ,there shall be in the ,internal ,revenue ,service an ,internal ,revenue ,service ,chief ,information ,officer 7hereafter referred to in this subsection as the ,,irs ,,cio7 who shall be appointed by the ,commissioner of the ,internal ,revenue ,service4 7#b7 ,centralized responsibility for ,internal ,revenue ,service information technology ,the ,commissioner of the ,internal ,revenue ,service 7and the ,secretary7 shall act through the ,,irs ,,cio with respect to all development1 implementation1 and maintenance of information technology for the ,internal ,revenue ,service4 ,any reference in this subsection to the ,,irs ,,cio which directs the ,,irs ,,cio to take any action1 or to assume any responsibility1 shall be treated as a reference to the ,commissioner of the ,internal ,revenue ,service acting through the ,,irs ,,cio4 7#c7 ,general duties and responsibilities ,the ,,irs ,,cio shall-- 7,a7 be responsible for the development1 implementation1 and maintenance of information technology for the ,internal ,revenue ,service1 7,b7 ensure that the information technology of the ,internal ,revenue ,service is secure and integrated1 7,c7 maintain operational control of all information technology for the ,internal ,revenue ,service1 7,d7 be the principal advocate for the information technology needs of the ,internal ,revenue ,service1 and 7,e7 consult with the ,chief ,procurement ,officer of the ,internal ,revenue ,service to ensure that the information technology acquired for the ,internal ,revenue ,service is consistent with-- 7i7 the goals and requirements specified in subparagraphs 7,a7 through 7,d71 and 7ii7 the strategic plan developed under paragraph 7#d74 7#d7 ,strategic plan 7,a7 ,in general ,the ,,irs ,,cio shall develop and implement a multiyear strategic plan for the information technology needs of the ,internal ,revenue ,service4 ,such plan shall-- 7i7 include performance measurements of such technology and of the implementation of such plan1 7ii7 include a plan for an integrated enterprise architecture of the information technology of the ,internal ,revenue ,service1 7iii7 include and take into account the resources needed to accomplish such plan1 7iv7 take into account planned major acquisitions of information technology by the ,internal ,revenue ,service1 including ,customer ,account ,data ,engine #b and the ,enterprise ,case ,management ,system1 and 7v7 align with the needs and strategic plan of the ,internal ,revenue ,service4 7,b7 ,plan updates ,the ,,irs ,,cio shall1 not less frequently than annually1 review and update the strategic plan under subparagraph 7,a7 7including the plan for an integrated enterprise architecture described in subparagraph 7,a77ii77 to take into account the development of new information technology and the needs of the ,internal ,revenue ,service4 7#e7 ,scope of authority 7,a7 ,information technology ,for purposes of this subsection1 the term information technology has the meaning given such term by section #aaaja of title #dj1 ,united ,states ,code4 7,b7 ,internal ,revenue ,service ,any reference in this subsection to the ,internal ,revenue ,service includes a reference to all components of the ,internal ,revenue ,service1 including-- 7i7 the ,office of the ,taxpayer ,advocate1 7ii7 the ,criminal ,investigation ,division of the ,internal ,revenue ,service1 and 7iii7 except as otherwise provided by the ,secretary with respect to information technology related to matters described in subsection 7b77#c77;,b71 the ,office of the ,chief ,counsel4 4 7b7 ,independent verification and validation of the ,customer ,account ,data ,engine #b and ,enterprise ,case ,management ,system 7#a7 ,in general ,the ,commissioner of the ,internal ,revenue ,service shall enter into a contract with an independent reviewer to verify and validate the implementation plans 7including the performance milestones and cost estimates included in such plans7 developed for the ,customer ,account ,data ,engine #b and the ,enterprise ,case ,management ,system4 7#b7 ,deadline for completion ,such contract shall require that such verification and validation be completed not later than the date which is #a year after the date of the enactment of this ,act4 7#c7 ,application to phases of ,,cade #b 7,a7 ,in general ,paragraphs 7#a7 and 7#b7 shall not apply to phase #a of the ,customer ,account ,data ,engine #b and shall apply separately to each other phase4 7,b7 ,deadline for completing plans ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of the ,internal ,revenue ,service shall complete the development of plans for all phases of the ,customer ,account ,data ,engine #b4 7,c7 ,deadline for completion of verification and validation of plans ,in the case of any phase after phase #b of the ,customer ,account ,data ,engine #b1 paragraph 7#b7 shall be applied by substituting the date on which the plan for such phase was completed for the date of the enactment of this ,act4 7c7 ,coordination of ,,irs ,,cio and ,chief ,procurement ,officer of the ,internal ,revenue ,service 7#a7 ,in general ,the ,chief ,procurement ,officer of the ,internal ,revenue ,service shall-- 7,a7 identify all significant ,,irs information technology acquisitions and provide written notification to the ,internal ,revenue ,service ,chief ,information ,officer 7hereafter referred to in this subsection as the ,,irs ,,cio7 of each such acquisition in advance of such acquisition1 and 7,b7 regularly consult with the ,,irs ,,cio regarding acquisitions of information technology for the ,internal ,revenue ,service1 including meeting with the ,,irs ,,cio regarding such acquisitions upon request4 7#b7 ,significant ,,irs information technology acquisitions ,for purposes of this subsection1 the term significant ,,irs information technology acquisitions means-- 7,a7 any acquisition of information technology for the ,internal ,revenue ,service in excess of #a1jjj1jjj1 and 7,b7 such other acquisitions of information technology for the ,internal ,revenue ,service 7or categories of such acquisitions7 as the ,,irs ,,cio1 in consultation with the ,chief ,procurement ,officer of the ,internal ,revenue ,service1 may identify4 7#c7 ,scope ,terms used in this subsection which are also used in section #ghjc7;f7 of the ,internal ,revenue ,code of #aihf 7as amended by subsection 7a77 shall have the same meaning as when used in such section4 #bajb4 ,development of online accounts and portals 7a7 ,in general ,the ,secretary of the ,treasury or the ,secretary's delegate 7hereafter referred to in this section as the ,secretary7 shall-- 7#a7 develop secure individualized online accounts to provide services to taxpayers and their designated return preparers1 including obtaining taxpayer information1 making payment of taxes1 sharing documentation1 and 7to the extent feasible7 addressing and correcting issues1 and 7#b7 develop a process for the acceptance of tax forms1 and supporting documentation1 in digital or other electronic format4 7b7 ,electronic services treated as supplemental2 application of security standards ,the ,secretary shall ensure that the processes described in subsection 7a7-- 7#a7 are a supplement to1 and not a replacement for1 other services provided by the ,internal ,revenue ,service to taxpayers1 including face-to-face taxpayer assistance and services provided by phone1 and 7#b7 comply with applicable security standards and guidelines4 7c7 ,process for developing online accounts 7#a7 ,development of plan ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a written report describing the ,secretary's plan for developing the secure individualized online accounts described in subsection 7a77#a74 ,such plan shall address the feasibility of taxpayers addressing and correcting issues through such accounts and whether access to such accounts should be restricted and in what manner4 7#b7 ,deadline ,the ,secretary shall make every reasonable effort to make the secure individualized online accounts described in subsection 7a77#a7 available to taxpayers by ,december #ca1 #bjbc4 #bajc4 ,internet platform for ,form #ajii filings 7a7 ,in general ,not later than ,january #a1 #bjbc1 the ,secretary of the ,treasury or the ,secretary's delegate 7hereafter referred to in this section as the ,secretary7 shall make available an ,internet website or other electronic media1 with a user interface and functionality similar to the ,business ,services ,online ,suite of ,services provided by the ,social ,security ,administration1 that will provide access to resources and guidance provided by the ,internal ,revenue ,service and will allow persons to-- 7#a7 prepare and file ,forms #ajii1 7#b7 prepare ,forms #ajii for distribution to recipients other than the ,internal ,revenue ,service1 and 7#c7 maintain a record of completed and submitted ,forms #ajii4 7b7 ,electronic services treated as supplemental2 application of security standards ,the ,secretary shall ensure that the services described in subsection 7a7-- 7#a7 are a supplement to1 and not a replacement for1 other services provided by the ,internal ,revenue ,service to taxpayers1 and 7#b7 comply with applicable security standards and guidelines4 #bajd4 ,streamlined critical pay authority for information technology positions 7a7 ,in general ,subchapter ,a of chapter #hj is amended by adding at the end the following new section3 #ghab4 ,streamlined critical pay authority for information technology positions ,in the case of any position which is critical to the functionality of the information technology operations of the ,internal ,revenue ,service-- 7#a7 section #iejc of title #e1 ,united ,states ,code1 shall be applied-- 7,a7 by substituting during the period beginning on the date of the enactment of section #ghab of the ,internal ,revenue ,code of #aihf1 and ending on ,september #cj1 #bjbc for ,before ,september #cj1 #bjac in subsection 7a71 7,b7 without regard to subparagraph 7,b7 of subsection 7a77#a71 and 7,c7 by substituting the date of the enactment of the ,taxpayer ,first ,act of #bjah for ,june #a1 #aiih in subsection 7a77#f71 7#b7 section #iejd of such title #e shall be applied by substituting ,during the period beginning on the date of the enactment of section #ghab of the ,internal ,revenue ,code of #aihf1 and ending on ,september #cj1 #bjbc for ,before ,september #cj1 #bjac each place it appears in subsections 7a7 and 7b71 and 7#c7 section #ieje of such title shall be applied-- 7,a7 by substituting ,during the period beginning on the date of the enactment of section #ghab of the ,internal ,revenue ,code of #aihf1 and ending on ,september #cj1 #bjbc for ,before ,september #cj1 #bjac in subsection 7a71 and 7,b7 by substituting the information technology operations for significant functions in subsection 7a74 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #hj is amended by adding at the end the following new item3 ,sec4 #ghab4 ,streamlined critical pay authority for information technology positions4 4 ,c ,modernization of consent-based income verification system #bbja4 ,disclosure of taxpayer information for third-party income verification 7a7 ,in general ,not later than #a year after the close of the #b-year period described in subsection 7d77#a71 the ,secretary of the ,treasury or the ,secretary's delegate 7hereafter referred to in this section as the ,secretary7 shall implement a program to ensure that any qualified disclosure-- 7#a7 is fully automated and accomplished through the ,internet1 and 7#b7 is accomplished in as close to real-time as is practicable4 7b7 ,qualified disclosure ,for purposes of this section1 the term qualified disclosure means a disclosure under section #fajc7;c7 of the ,internal ,revenue ,code of #aihf of returns or return information by the ,secretary to a person seeking to verify the income or creditworthiness of a taxpayer who is a borrower in the process of a loan application4 7c7 ,application of security standards ,the ,secretary shall ensure that the program described in subsection 7a7 complies with applicable security standards and guidelines4 7d7 ,user fee 7#a7 ,in general ,during the #b-year period beginning on the first day of the #fth calendar month beginning after the date of the enactment of this ,act1 the ,secretary shall assess and collect a fee for qualified disclosures 7in addition to any other fee assessed and collected for such disclosures7 at such rates as the ,secretary determines are sufficient to cover the costs related to implementing the program described in subsection 7a71 including the costs of any necessary infrastructure or technology4 7#b7 ,deposit of collections ,amounts received from fees assessed and collected under paragraph 7#a7 shall be deposited in1 and credited to1 an account solely for the purpose of carrying out the activities described in subsection 7a74 ,such amounts shall be available to carry out such activities without need of further appropriation and without fiscal year limitation4 #bbjb4 ,limit redisclosures and uses of consent-based disclosures of tax return information 7a7 ,in general ,section #fajc7;c7 is amended by adding at the end the following3 ,persons designated by the taxpayer under this subsection to receive return information shall not use the information for any purpose other than the express purpose for which consent was granted and shall not disclose return information to any other person without the express permission of1 or request by1 the taxpayer44 7b7 ,application of penalties ,section #fajc7;a77#c7 is amended by inserting subsection 7c71 after return information under4 7c7 ,effective date ,the amendments made by this section shall apply to disclosures made after the date of the enactment of this ,act4 ,d ,expanded use of electronic systems #bcja4 ,electronic filing of returns 7a7 ,in general ,section #fjaa7;e77#b77;,a7 is amended by striking #bej and inserting the applicable number of4 7b7 ,applicable number ,section #fjaa7;e7 is amended by striking paragraph 7#e7 and inserting the following new paragraphs3 7#e7 ,applicable number 7,a7 ,in general ,for purposes of paragraph 7#b77;,a71 the applicable number shall be-- 7i7 except as provided in subparagraph 7,b71 in the case of calendar years before #bjbj1 #bej1 7ii7 in the case of calendar year #bjbj1 #ajj1 and 7iii7 in the case of calendar years after #bjbj1 #aj4 7,b7 ,special rule for partnerships for #bjah and #bjai ,in the case of a partnership1 for any calendar year before #bjbj1 the applicable number shall be-- 7i7 in the case of calendar year #bjah1 #bjj1 and 7ii7 in the case of calendar year #bjai1 #aej4 7#f7 ,partnerships required to file on magnetic media ,notwithstanding paragraph 7#b77;,a71 the ,secretary shall require partnerships having more than #ajj partners to file returns on magnetic media4 4 7c7 ,returns filed by a tax return preparer ,section #fjaa7;e77#c7 is amended by adding at the end the following new subparagraph3 7,d7 ,exception for certain preparers located in areas without internet access ,the ,secretary may waive the requirement of subparagraph 7,a7 if the ,secretary determines1 on the basis of an application by the tax return preparer1 that the preparer cannot meet such requirement by reason of being located in a geographic area which does not have access to internet service 7other than dial-up or satellite service74 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #bcjb4 ,uniform standards for the use of electronic signatures for disclosure authorizations to1 and other authorizations of1 practitioners ,section #fjfa7;b77#c7 is amended to read as follows3 7#c7 ,published guidance 7,a7 ,in general ,the ,secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph 7#a74 7,b7 ,electronic signatures for disclosure authorizations to1 and other authorizations of1 practitioners ,not later than #f months after the date of the enactment of this subparagraph1 the ,secretary shall publish guidance to establish uniform standards and procedures for the acceptance of taxpayers' signatures appearing in electronic form with respect to any request for disclosure of a taxpayer's return or return information under section #fajc7;c7 to a practitioner or any power of attorney granted by a taxpayer to a practitioner4 7,c7 ,practitioner ,for purposes of subparagraph 7,b71 the term practitioner means any individual in good standing who is regulated under section #ccj of title #ca1 ,united ,states ,code4 4 #bcjc4 ,payment of taxes by debit and credit cards ,section #fcaa7;d77#b7 is amended by adding at the end the following3 ,the preceding sentence shall not apply to the extent that the ,secretary ensures that any such fee or other consideration is fully recouped by the ,secretary in the form of fees paid to the ,secretary by persons paying taxes imposed under subtitle ,a with credit1 debit1 or charge cards pursuant to such contract4 ,notwithstanding the preceding sentence1 the ,secretary shall seek to minimize the amount of any fee or other consideration that the ,secretary pays under any such contract44 #bcjd4 ,requirement that electronically prepared paper returns include scannable code 7a7 ,in general ,subsection 7e7 of section #fjaa1 as amended by this ,act1 is amended by adding at the end the following new paragraph3 7#g7 ,special rule for returns prepared electronically and submitted on paper ,the ,secretary shall require that any return of tax which is prepared electronically1 but is printed and filed on paper1 bear a code which can1 when scanned1 convert such return to electronic format4 4 7b7 ,conforming amendment ,paragraph 7#a7 of section #fjaa7;e7 is amended by striking paragraph 7#c7 and inserting paragraphs 7#c7 and 7#g74 7c7 ,effective date ,the amendments made by this section shall apply to returns of tax the due date for which 7determined without regard to extensions7 is after ,december #ca1 #bjbj4 #bcje4 ,authentication of users of electronic services accounts ,beginning #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall verify the identity of any individual opening an e-,services account with the ,internal ,revenue ,service before such individual is able to use the e-,services tools4 ,e ,other provisions #bdja4 ,repeal of provision regarding certain tax compliance procedures and reports ,section #bjjd of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih 7#bf ,u4,s4,c4 #fjab note7 is repealed4 #bdjb4 ,comprehensive training strategy ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of ,internal ,revenue shall submit to ,congress a written report providing a comprehensive training strategy for employees of the ,internal ,revenue ,service1 including-- 7#a7 a plan to streamline current training processes1 including an assessment of the utility of further consolidating internal training programs1 technology1 and funding1 7#b7 a plan to develop annual training regarding taxpayer rights1 including the role of the ,office of the ,taxpayer ,advocate1 for employees that interface with taxpayers and their managers1 7#c7 a plan to improve technology-based training1 7#d7 proposals to-- 7,a7 focus employee training on early1 fair1 and efficient resolution of taxpayer disputes for employees that interface with taxpayers and their managers1 and 7,b7 ensure consistency of skill development and employee evaluation throughout the ,internal ,revenue ,service1 and 7#e7 a thorough assessment of the funding necessary to implement such strategy4 ,,iii ,miscellaneous provisions ,a ,reform of ,laws ,governing ,internal ,revenue ,service ,employees #cjja4 ,electronic record retention 7a7 ,retention of records 7#a7 ,in general ,email records of the ,internal ,revenue ,service shall be retained in an appropriate electronic system that supports records management and litigation requirements1 including the capability to identify1 retrieve1 and retain the records1 in accordance with the requirements described in paragraph 7#b74 7#b7 ,requirements 7,a7 ,prior to certification ,the ,commissioner of ,internal ,revenue and the ,chief ,counsel for the ,internal ,revenue ,service shall retain all email records generated on or after the date of the enactment of this ,act and before the date on which the ,treasury ,inspector ,general for ,tax ,administration makes the certification under subsection 7c77#a74 7,b7 ,principal officers and specified employees ,not later than ,december #ca1 #bjai1 the ,commissioner of ,internal ,revenue and the ,chief ,counsel for the ,internal ,revenue ,service shall maintain email records of all principal officers and specified employees of the ,internal ,revenue ,service for a period of not less than #ae years beginning on the date such record was generated4 7b7 ,transmission of records to the ,national ,archives ,not later than #ae years after the date on which an email record of a principal officer or specified employee of the ,internal ,revenue ,service is generated1 the ,commissioner of ,internal ,revenue and the ,chief ,counsel for the ,internal ,revenue ,service shall transfer such email record to the ,archivist of the ,united ,states4 7c7 ,compliance 7#a7 ,certification ,on the date that the ,treasury ,inspector ,general for ,tax ,administration determines that the ,internal ,revenue ,service has a program in place that complies with the requirements of subsections 7a77#b77;,b7 and 7b71 the ,treasury ,inspector ,general for ,tax ,administration shall certify to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate that the ,internal ,revenue ,service is in compliance with such requirements4 7#b7 ,reports 7,a7 ,interim report ,not later than ,december #ca1 #bjai1 the ,treasury ,inspector ,general for ,tax ,administration shall submit a report to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate on the steps being taken by the ,commissioner of ,internal ,revenue and the ,chief ,counsel for the ,internal ,revenue ,service to comply with the requirements of subsections 7a77#b77;,b7 and 7b74 7,b7 ,final report ,not later than ,april #a1 #bjbj1 the ,treasury ,inspector ,general for ,tax ,administration shall submit a report to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate describing whether the ,internal ,revenue ,service is in compliance with the requirements of subsections 7a77#b77;,b7 and 7b74 7d7 ,definitions ,for purposes of this section-- 7#a7 ,principal officer ,the term principal officer means1 with respect to the ,internal ,revenue ,service-- 7,a7 any employee whose position is listed under the ,internal ,revenue ,service in the most recent version of the ,united ,states ,government ,manual published by the ,office of the ,federal ,register2 7,b7 any employee who is a senior staff member reporting directly to the ,commissioner of ,internal ,revenue or the ,chief ,counsel for the ,internal ,revenue ,service2 and 7,c7 any associate counsel1 deputy counsel1 or division head in the ,office of the ,chief ,counsel for the ,internal ,revenue ,service4 7#b7 ,specified employee ,the term specified employee means1 with respect to the ,internal ,revenue ,service1 any employee who-- 7,a7 holds a ,senior ,executive ,service position 7as defined in section #cacb of title #e1 ,united ,states ,code7 in the ,internal ,revenue ,service or the ,office of ,chief ,counsel for the ,internal ,revenue ,service2 and 7,b7 is not a principal officer of the ,internal ,revenue ,service4 #cjjb4 ,prohibition on rehiring any employee of the ,internal ,revenue ,service who was involuntarily separated from service for misconduct 7a7 ,in general ,section #ghjd is amended by adding at the end the following new subsection3 7d7 ,prohibition on rehiring employees involuntarily separated ,the ,commissioner may not hire any individual previously employed by the ,commissioner who was removed for misconduct under this subchapter or chapter #dc or chapter #ge of title #e1 ,united ,states ,code1 or whose employment was terminated under section #abjc of the ,internal ,revenue ,service ,restructuring and ,reform ,act of #aiih 7#bf ,u4,s4,c4 #ghjd note74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to the hiring of employees after the date of the enactment of this ,act4 #cjjc4 ,notification of unauthorized inspection or disclosure of returns and return information 7a7 ,in general ,subsection 7e7 of section #gdca is amended by adding at the end the following new sentences3 ,the ,secretary shall also notify such taxpayer if the ,internal ,revenue ,service or a ,federal or ,state agency 7upon notice to the ,secretary by such ,federal or ,state agency7 proposes an administrative determination as to disciplinary or adverse action against an employee arising from the employee's unauthorized inspection or disclosure of the taxpayer's return or return information4 ,the notice described in this subsection shall include the date of the unauthorized inspection or disclosure and the rights of the taxpayer under such administrative determination44 7b7 ,effective date ,the amendment made by this section shall apply to determinations proposed after the date which is #ahj days after the date of the enactment of this ,act4 ,b ,provisions relating to exempt organizations #caja4 ,mandatory e-filing by exempt organizations 7a7 ,in general ,section #fjcc is amended by redesignating subsection 7n7 as subsection 7o7 and by inserting after subsection 7m7 the following new subsection3 7n7 ,mandatory electronic filing ,any organization required to file a return under this section shall file such return in electronic form4 4 7b7 ,conforming amendment ,paragraph 7#g7 of section #ebg7;j7 is amended by striking if the organization has and all that follows through such calendar year4 7c7 ,inspection of electronically filed annual returns ,subsection 7b7 of section #fajd is amended by adding at the end the following3 ,any annual return required to be filed electronically under section #fjcc7n7 shall be made available by the ,secretary to the public as soon as practicable in a machine readable format44 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 7#b7 ,transitional relief 7,a7 ,small organizations 7i7 ,in general ,in the case of any small organizations1 or any other organizations for which the ,secretary of the ,treasury or the ,secretary's delegate 7hereafter referred to in this paragraph as the ,secretary7 determines the application of the amendments made by this section would cause undue burden without a delay1 the ,secretary may delay the application of such amendments1 but such delay shall not apply to any taxable year beginning on or after the date #b years after of the enactment of this ,act4 7ii7 ,small organization ,for purposes of clause 7i71 the term small organization means any organization-- 7,i7 the gross receipts of which for the taxable year are less than #bjj1jjj2 and 7,,ii7 the aggregate gross assets of which at the end of the taxable year are less than #ejj1jjj4 7,b7 ,organizations filing form #iij-,t ,in the case of any organization described in section #eaa7;a77#b7 of the ,internal ,revenue ,code of #aihf which is subject to the tax imposed by section #eaa7;a77#a7 of such ,code on its unrelated business taxable income1 or any organization required to file a return under section #fjcc of such ,code and include information under subsection 7e7 thereof1 the ,secretary may delay the application of the amendments made by this section1 but such delay shall not apply to any taxable year beginning on or after the date #b years after of the enactment of this ,act4 #cajb4 ,notice required before revocation of tax exempt status for failure to file return 7a7 ,in general ,section #fjcc7;j77#a7 is amended by striking ,if an organization and inserting the following3 7,a7 ,notice 7i7 ,in general ,after an organization described in subsection 7a77#a7 or 7i7 fails to file the annual return or notice required under either subsection for #b consecutive years1 the ,secretary shall notify the organization-- 7,i7 that the ,internal ,revenue ,service has no record of such a return or notice from such organization for #b consecutive years1 and 7,,ii7 about the revocation that will occur under subparagraph 7,b7 if the organization fails to file such a return or notice by the due date for the next such return or notice required to be filed4 ,the notification under the preceding sentence shall include information about how to comply with the filing requirements under subsection 7a77#a7 and 7i74 7,b7 ,revocation ,if an organization 4 7b7 ,effective date ,the amendment made by this section shall apply to failures to file returns or notices for #b consecutive years if the return or notice for the second year is required to be filed after ,december #ca1 #bjah4 ,c ,tax ,court #ccja4 ,disqualification of judge or magistrate judge of the ,tax ,court 7a7 ,in general ,part ,,ii of subchapter ,c of chapter #gf is amended by adding at the end the following new section3 #gdfg4 ,disqualification of judge or magistrate judge of the ,tax ,court ,section #dee of title #bh1 ,united ,states ,code1 shall apply to judges and magistrate judges of the ,tax ,court and to proceedings of the ,tax ,court4 4 7b7 ,clerical amendment ,the table of sections for such part is amended by adding at the end the following new item3 ,sec4 #gdfg4 ,disqualification of judge or magistrate judge of the ,tax ,court4 4 #ccjb4 ,opinions and judgments 7a7 ,in general ,section #gdei is amended by striking all the precedes subsection 7c7 and inserting the following3 #gdei4 ,opinions and judgments 7a7 ,requirement ,an opinion upon any proceeding instituted before the ,tax ,court and a judgment thereon shall be made as quickly as practicable4 ,the judgment shall be made by a judge in accordance with the opinion of the ,tax ,court1 and such judgment so made shall1 when entered1 be the judgment of the ,tax ,court4 7b7 ,inclusion of findings of fact in opinion ,it shall be the duty of the ,tax ,court and of each division to include in its opinion or memorandum opinion upon any proceeding1 its findings of fact4 ,the ,tax ,court shall issue in writing all of its findings of fact1 opinions1 and memorandum opinions4 ,subject to such conditions as the ,tax ,court may by rule provide1 the requirements of this subsection and of section #gdfj are met if findings of fact or opinion are stated orally and recorded in the transcript of the proceedings4 4 7b7 ,references ,section #gdei is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,references ,any reference in this title to a decision or report of the ,tax ,court shall be treated as a reference to a judgment or opinion of the ,tax ,court1 respectively4 4 7c7 ,conforming amendment ,the item relating to section #gdei in the table of sections for part ,,ii of subchapter ,c of chapter #gf is amended to read as follows3 ,sec4 #gdei4 ,opinions and judgments4 4 7d7 ,continuing effect of legal documents ,all orders1 decisions1 reports1 rules1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 privileges1 and other administrative actions1 in connection with the ,tax ,court1 which are in effect at the time this section takes effect1 or were final before the effective date of this section and are to become effective on or after the effective date of this section1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,tax ,court4 #ccjc4 ,title of special trial judge changed to magistrate judge of the ,tax ,court 7a7 ,in general ,section #gddc;,a is amended-- 7#a7 by striking special trial judges in subsections 7a7 and 7e7 and inserting magistrate judges of the ,tax ,court1 7#b7 by striking special trial judges of the court in subsection 7b7 and inserting magistrate judges of the ,tax ,court1 and 7#c7 by striking special trial judge in subsections 7c7 and 7d7 and inserting magistrate judge of the ,tax ,court4 7b7 ,conforming amendments 7#a7 ,the heading of section #gddc;,a is amended by striking 8,special trial judges0 and inserting ,magistrate judges of the ,tax ,court4 7#b7 ,the heading of section #gddc;,a7b7 is amended by striking ,special trial judges and inserting ,magistrate judges of the ,tax ,court4 7#c7 ,the item relating to section #gddc;,a in the table of sections for part ,i of subchapter ,c of chapter #gf is amended to read as follows3 ,sec4 #gddc;,a4 ,magistrate judges of the ,tax ,court4 4 7#d7 ,the heading of section #gddh is amended by striking ,special trial judges and inserting ,magistrate judges of the ,tax ,court4 7#e7 ,section #gddh is amended-- 7,a7 by striking special trial judge's each place it appears in subsections 7a77#f71 7c77#a71 7d71 and 7m77#a7 and inserting magistrate judge of the ,tax ,court's1 and 7,b7 by striking special trial judge each place it appears other than in subsection 7n7 and inserting magistrate judge of the ,tax ,court4 7#f7 ,section #gddh7n7 is amended-- 7,a7 by striking special trial judge which are allowable and inserting magistrate judge of the ,tax ,court which are allowable1 and 7,b7 by striking special trial judge of the ,tax ,court both places it appears and inserting magistrate judge of the ,tax ,court4 7#g7 ,the heading of section #gddh7;b77#b7 is amended by striking ,special trial judges and inserting ,magistrate judges of the ,tax ,court4 7#h7 ,the item relating to section #gddh in the table of sections for part ,i of subchapter ,c of chapter #gf is amended to read as follows3 ,sec4 #gddh4 ,annuities to surviving spouses and dependent children of judges and magistrate judges of the ,tax ,court4 4 7#i7 ,section #gdef7;a7 is amended-- 7,a7 by striking special trial judge each place it appears and inserting magistrate judge1 and 7,b7 by striking 7or by the clerk and inserting of the ,tax ,court 7or by the clerk4 7#aj7 ,section #gdff7;a7 is amended by striking special trial judge and inserting magistrate judge4 7#aa7 ,section #gdgj;,a is amended by striking special trial judges both places it appears in subsections 7a7 and 7b7 and inserting magistrate judges4 7#ab7 ,section #gdga7;a77#b77;,a7 is amended by striking special trial judges and inserting magistrate judges4 7#ac7 ,section #gdga7;c7 is amended-- 7,a7 by striking ,special trial judges in the heading and inserting ,magistrate judges of the ,tax ,court1 and 7,b7 by striking special trial judges and inserting magistrate judges4 #ccjd4 ,repeal of deadwood related to ,board of ,tax ,appeals 7a7 ,section #gdei1 as amended by this ,act1 is amended by striking subsection 7f7 and by redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively4 7b7 ,section #gddg7;a77#c7 is amended to read as follows3 7#c7 ,in any determination of length of service as judge or as a judge of the ,tax ,court of the ,united ,states there shall be included all periods 7whether or not consecutive7 during which an individual served as judge4 4 ,clerk4