,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gcae ,,in ,,the ,,house ,,of ,,representatives ,february #b1 #bjbf,mr4 ,magaziner introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,veterans' ,affairs1 ,armed ,services1 ,energy and ,commerce1 ,transportation and ,infrastructure1 ,financial ,services1 ,education and ,workforce1 ,oversight and ,government ,reform1 ,foreign ,affairs1 ,agriculture1 ,natural ,resources1 ,small ,business1 ,science1 ,space1 and ,technology1 the ,judiciary1 ,homeland ,security1 ,intelligence 7,permanent ,select71 ,house ,administration1 ,rules1 ,ethics1 the ,budget1 and ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to advance policy priorities4 #a4 ,short title ,this ,act may be cited as the ,advancing ,policy ,priorities ,act4 ,i #aja4 ,livestock mandatory reporting extension 7a7 ,in general ,section #bfj of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcf;i7 is amended by striking #bjbd and inserting #bjbe4 7b7 ,conforming amendment ,section #idb of the ,livestock ,mandatory ,reporting ,act of #aiii 7#g ,u4,s4,c4 #afce note2 ,public ,law #ajf-gh7 is amended by striking #bjbd and inserting #bjbe4 ,,ii #bja4 ,education for separating members of the armed forces regarding registered apprenticeships ,section #aadd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by inserting 7including apprenticeship programs registered under the ,act of ,august #af1 #aicg 7#ej ,stat4 #ffd2 commonly referred to as the ,national ,apprenticeship ,act7 and approved under chapters #cj through #cf of title #ch7 after employment opportunities4 #bjb4 ,websites regarding apprenticeship programs 7a7 ,website under the jurisdiction of secretary of labor ,the ,assistant ,secretary of ,labor for ,veterans' ,employment and ,training1 in coordination with the ,secretary of ,veterans ,affairs1 shall establish a user-friendly website 7or update an existing website7 that is available to the public on which veterans can find information about apprenticeship programs registered under the ,act of ,august #af1 #aicg 7#ej ,stat4 #ffd2 commonly referred to as the ,national ,apprenticeship ,act7 and approved under chapters #cj through #cf of title #ch1 ,united ,states ,code4 ,such information shall be searchable and sortable by occupation and location1 and include1 with regard to each such program1 the following3 7#a7 ,a description1 including any cost to a veteran4 7#b7 ,contact information4 7#c7 ,whether the program has been endorsed by a veterans service organization or nonprofit organization that caters to veterans4 7#d7 ,whether the program prefers to hire veterans4 7#e7 ,each certification or degree an individual earns by completing the program4 7b7 ,coordination with other website ,the ,assistant ,secretary shall update all information regarding programs for veterans listed on apprenticeship4gov 7or any successor website7 to include the information specified under subsection 7a74 ,,iii #cja4 ,sense of congress ,it is the sense of ,congress that-- 7#a7 it is in the best national and homeland security interests of the ,united ,states for ,federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position 7as defined under the amendments made by this ,act72 and 7#b7 ,federal agencies should ensure1 to the greatest extent possible1 that an individual who can no longer carry out the duties of a covered position1 and is reappointed to a position in the civil service that is not a covered position1 is reappointed within the same ,federal agency1 in the same geographic location1 and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness4 #cjb4 ,retirement for certain employees 7a7 ,,csrs ,section #hccf7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 7,a7 ,in this paragraph-- 7i7 the term affected individual means an individual covered under this subchapter who-- 7,i7 is performing service in a covered position2 7,,ii7 while on duty1 becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph 7#a7 of this subsection or subsection 7e71 7m71 or 7n71 as applicable2 7,,iii7 because of the illness or injury described in subclause 7,,ii71 is permanently unable to render useful and efficient service in the employee's covered position1 as determined by the agency in which the individual was serving when such individual incurred the illness or injury2 and 7,,iv7 is appointed to a position in the civil service that-- 7aa7 is not a covered position2 and 7bb7 is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual2 7ii7 the term covered position means a position as a law enforcement officer1 customs and border protection officer1 firefighter1 air traffic controller1 nuclear materials courier1 member of the ,capitol ,police1 or member of the ,supreme ,court ,police4 7,b7 ,unless an affected individual files an election described in subparagraph 7,e71 creditable service by the affected individual in a position described in subparagraph 7,a77i77,,iv7 shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section #hccd4 7,c7 ,subparagraph 7,b7 shall only apply if the affected employee transitions to a position described in subparagraph 7,a77i77,,iv7 without a break in service exceeding #c days4 7,d7 ,the service of an affected individual shall no longer be eligible for treatment under subparagraph 7,b7 if such service occurs after the individual-- 7i7 is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual2 or 7ii7 meets the age and service requirements that would subject the individual to mandatory separation under section #hcce if such individual had remained in the former covered position4 7,e7 ,in accordance with procedures established by the ,director of the ,office of ,personnel ,management1 an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph 7,b74 7,f7 ,nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position4 4 7b7 ,,fers 7#a7 ,in general ,section #hdab7;d7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7,b7 by inserting 7#a7 before ,an employee2 and 7,c7 by adding at the end the following3 7#b7 7,a7 ,in this paragraph-- 7i7 the term affected individual means an individual covered under this chapter who-- 7,i7 is performing service in a covered position2 7,,ii7 while on duty1 becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph 7#a7 of this subsection or subsection 7e71 as applicable2 7,,iii7 because of the illness or injury described in subclause 7,,ii71 is permanently unable to render useful and efficient service in the employee's covered position1 as determined by the agency in which the individual was serving when such individual incurred the illness or injury2 and 7,,iv7 is appointed to a position in the civil service that-- 7aa7 is not a covered position2 and 7bb7 is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual2 7ii7 the term covered position means a position as a law enforcement officer1 customs and border protection officer1 firefighter1 air traffic controller1 nuclear materials courier1 member of the ,capitol ,police1 or member of the ,supreme ,court ,police4 7,b7 ,unless an affected individual files an election described in subparagraph 7,e71 creditable service by the affected individual in a position described in subparagraph 7,a77i77,,iv7 shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section #hdbb4 7,c7 ,subparagraph 7,b7 shall only apply if the affected employee transitions to a position described in subparagraph 7,a77i77,,iv7 without a break in service exceeding #c days4 7,d7 ,the service of an affected individual shall no longer be eligible for treatment under subparagraph 7,b7 if such service occurs after the individual-- 7i7 is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual2 or 7ii7 meets the age and service requirements that would subject the individual to mandatory separation under section #hdbe if such individual had remained in the former covered position4 7,e7 ,in accordance with procedures established by the ,director of the ,office of ,personnel ,management1 an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph 7,b74 7,f7 ,nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position4 4 7#b7 ,technical and conforming amendments 7,a7 ,chapter #hd of title #e1 ,united ,states ,code1 is amended-- 7i7 in section #hdad7;b77#c71 by inserting 7#a7 after subsection 7d72 7ii7 in section #hdae-- 7,i7 in subsection 7e71 in the matter preceding paragraph 7#a71 by inserting 7#a7 after subsection 7d72 and 7,,ii7 in subsection 7h77#b77;,a71 by striking 7d77#b7 and inserting 7d77#a77;,b72 7iii7 in section #hdba7;a77#a71 by inserting 7#a7 after 7d72 7iv7 in section #hdba;a7b77#d77;,b77ii71 by inserting 7#a7 after section #hdab7;d72 7v7 in section #hdbe1 by inserting 7#a7 after section #hdab7;d7 each place it appears2 and 7vi7 in section #hdfb7;c77#c77;,b77ii71 by inserting 7#a7 after subsection 7d74 7,b7 ,title ,,viii of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djda et seq47 is amended-- 7i7 in section #hje7;d77#e7 7#bb ,u4,s4,c4 #djde7;d77#e771 by inserting 7#a7 after or #hdab7;d72 and 7ii7 in section #hab7;a77#b77;,b7 7#bb ,u4,s4,c4 #djeb7;a77#b77;,b771 by inserting 7#a7 after or #hdab7;d74 7c7 ,,cia employees ,section #cjb of the ,central ,intelligence ,agency ,retirement ,act 7#ej ,u4,s4,c4 #baeb7 is amended by adding at the end the following3 7d7 ,employees disabled on duty 7#a7 ,definitions ,in this subsection-- 7,a7 the term affected employee means an employee of the ,agency covered under subchapter ,,ii of chapter #hd of title #e1 ,united ,states ,code1 who-- 7i7 is performing service in a position designated under subsection 7a72 7ii7 while on duty in the position designated under subsection 7a71 becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section #bcc of this ,act or section #hdab7;d77#a7 of title #e1 ,united ,states ,code2 7iii7 because of the illness or injury described in clause 7ii71 is permanently unable to render useful and efficient service in the employee's covered position1 as determined by the ,director2 and 7iv7 is appointed to a position in the civil service that is not a covered position but is within the ,agency2 and 7,b7 the term covered position means a position as-- 7i7 a law enforcement officer described in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code2 7ii7 a customs and border protection officer described in section #hcca7ca7 or #hdja7cf7 of title #e1 ,united ,states ,code2 7iii7 a firefighter described in section #hcca7ba7 or #hdja7ad7 of title #e1 ,united ,states ,code2 7iv7 an air traffic controller described in section #hcca7cj7 or #hdja7ce7 of title #e1 ,united ,states ,code2 7v7 a nuclear materials courier described in section #hcca7bg7 or #hdja7cc7 of title #e1 ,united ,states ,code2 7vi7 a member of the ,united ,states ,capitol ,police2 7vii7 a member of the ,supreme ,court ,police2 7viii7 an affected employee2 or 7ix7 a special agent described in section #hjd7ae7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djdd7ae774 7#b7 ,treatment of service after disability ,unless an affected employee files an election described in paragraph 7#c71 creditable service by the affected employee in a position described in paragraph 7#a77;,a77iv7 shall be treated as creditable service in a covered position for purposes of this ,act and chapter #hd of title #e1 ,united ,states ,code1 including eligibility for an annuity under section #bcc of this ,act or #hdab7;d77#a7 of title #e1 ,united ,states ,code1 and determining the amount to be deducted and withheld from the pay of the affected employee under section #hdbb of title #e1 ,united ,states ,code4 7#c7 ,break in service ,paragraph 7#b7 shall only apply if the affected employee transitions to a position described in paragraph 7#a77;,a77iv7 without a break in service exceeding #c days4 7#d7 ,limitation on treatment of service ,the service of an affected employee shall no longer be eligible for treatment under paragraph 7#b7 if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee4 7#e7 ,opt out ,an affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter #hd of title #e1 ,united ,states ,code1 without regard to paragraph 7#b74 4 7d7 ,foreign service retirement and disability system ,section #hjf7;a77#f7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djdf7;a77#f77 is amended by adding at the end the following3 7,d7 7i7 ,in this subparagraph-- 7,i7 the term affected special agent means an individual covered under this subchapter who-- 7aa7 is performing service as a special agent2 7bb7 while on duty as a special agent1 becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section #haa2 7cc7 because of the illness or injury described in item 7bb71 is permanently unable to render useful and efficient service in the employee's covered position1 as determined by the ,secretary2 and 7dd7 is appointed to a position in the ,foreign ,service that is not a covered position2 and 7,,ii7 the term covered position means a position as-- 7aa7 a law enforcement officer described in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code2 7bb7 a customs and border protection officer described in section #hcca7ca7 or #hdja7cf7 of title #e1 ,united ,states ,code2 7cc7 a firefighter described in section #hcca7ba7 or #hdja7ad7 of title #e1 ,united ,states ,code2 7dd7 an air traffic controller described in section #hcca7cj7 or #hdja7ce7 of title #e1 ,united ,states ,code2 7ee7 a nuclear materials courier described in section #hcca7bg7 or #hdja7cc7 of title #e1 ,united ,states ,code2 7ff7 a member of the ,united ,states ,capitol ,police2 7gg7 a member of the ,supreme ,court ,police2 7hh7 an employee of the ,agency designated under section #cjb7;a7 of the ,central ,intelligence ,agency ,retirement ,act 7#ej ,u4,s4,c4 #baeb7;a772 or 7ii7 a special agent4 7ii7 ,unless an affected special agent files an election described in clause 7iv71 creditable service by the affected special agent in a position described in clause 7i77,i77dd7 shall be treated as creditable service as a special agent for purposes of this subchapter1 including determining the amount to be deducted and withheld from the pay of the individual under section #hje4 7iii7 ,clause 7ii7 shall only apply if the special agent transitions to a position described in clause 7i77,i77dd7 without a break in service exceeding #c days4 7iv7 ,the service of an affected employee shall no longer be eligible for treatment under clause 7ii7 if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee4 7v7 ,in accordance with procedures established by the ,secretary1 an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this subchapter1 without regard to clause 7ii74 4 7e7 ,implementation 7#a7 ,office of personnel management ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall promulgate regulations to carry out the amendments made by subsections 7a7 and 7b74 7#b7 ,,cia employees ,the ,director of the ,central ,intelligence ,agency shall promulgate regulations to carry out the amendment made by subsection 7c74 7#c7 ,foreign service retirement and disability system ,the ,secretary of ,state shall promulgate regulations to carry out the amendment made by subsection 7d74 7#d7 ,agency certification ,the regulations promulgated to carry out the amendments made by this ,act shall include a requirement that the head of the agency at which an affected employee or special agent 7as the case may be7 incurred the applicable illness or injury certifies that such illness or injury-- 7,a7 was incurred in the course of the employee's or special agent's duties2 and 7,b7 permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the ,federal service4 7#e7 ,agency reappointment ,the regulations promulgated to carry out the amendments made by this ,act shall ensure that1 to the greatest extent possible1 the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent4 7#f7 ,treatment of service ,the regulations promulgated to carry out the amendments made by this ,act shall ensure that the creditable service of an affected employee or special agent 7as the case may be7 that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury4 7f7 ,effective date2 applicability ,the amendments made by this ,act-- 7#a7 shall take effect on the date of enactment of this ,act2 and 7#b7 shall apply to an individual who suffers an illness or injury described in section #hccf7;c77#c77;,a77i77,,ii7 or section #hdab7;d77#b77;,a77i77,,ii7 of title #e1 ,united ,states ,code1 as amended by this section1 section #cjb7;d77#a77;,a77ii7 of the ,central ,intelligence ,agency ,retirement ,act1 as amended by this section1 or section #hjf7;a77#f77;,d77i77,i77bb7 of the ,foreign ,service ,act of #aihj1 as amended by this section1 on or after the date that is #b years after the date of enactment of this ,act4 ,,iv #dja4 ,expanding automatic enrollment in retirement plans 7a7 ,in general ,subpart ,b of part ,i of subchapter ,d of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dad the following new section3 #dad;,a4 ,requirements related to automatic enrollment 7a7 ,in general ,except as otherwise provided in this section-- 7#a7 an arrangement shall not be treated as a qualified cash or deferred arrangement described in section #dja7k7 unless such arrangement meets the automatic enrollment requirements of subsection 7b71 and 7#b7 an annuity contract otherwise described in section #djc7;b77#a7 which is purchased under a salary reduction agreement shall not be treated as described in such section unless such agreement meets the automatic enrollment requirements of subsection 7b74 7b7 ,automatic enrollment requirements 7#a7 ,in general ,an arrangement or agreement meets the requirements of this subsection if such arrangement or agreement is an eligible automatic contribution arrangement 7as defined in section #dad7w77#c77 which meets the requirements of paragraphs 7#b7 through 7#d74 7#b7 ,allowance of permissible withdrawals ,an eligible automatic contribution arrangement meets the requirements of this paragraph if such arrangement allows employees to make permissible withdrawals 7as defined in section #dad7w77#b774 7#c7 ,minimum contribution percentage 7,a7 ,in general ,an eligible automatic contribution arrangement meets the requirements of this paragraph if-- 7i7 the uniform percentage of compensation contributed by the participant under such arrangement during the first year of participation is not less than #c percent and not more than #aj percent 7unless the participant specifically elects not to have such contributions made or to have such contributions made at a different percentage71 and 7ii7 effective for the first day of each plan year starting after each completed year of participation under such arrangement such uniform percentage is increased by #a percentage point 7to at least #aj percent1 but not more than #ae percent7 unless the participant specifically elects not to have such contributions made or to have such contributions made at a different percentage4 7,b7 ,initial reduced ceiling for certain plans ,in the case of any eligible automatic contribution arrangement 7other than an arrangement that meets the requirements of paragraph 7#ab7 or 7#ac7 of section #dja7k771 for plan years ending before ,january #a1 #bjbg1 subparagraph 7,a77ii7 shall be applied by substituting #aj percent for #ae percent4 7#d7 ,investment requirements ,an eligible automatic contribution arrangement meets the requirements of this paragraph if amounts contributed pursuant to such arrangement1 and for which no investment is elected by the participant1 are invested in accordance with the requirements of section #beej4djd;c-#e of title #bi1 ,code of ,federal ,regulations 7or any successor regulations74 7c7 ,exceptions ,for purposes of this section-- 7#a7 ,simple plans ,subsection 7a7 shall not apply to any simple plan 7within the meaning of section #dja7k77#aa774 7#b7 ,exception for plans or arrangements established before enactment of section 7,a7 ,in general ,subsection 7a7 shall not apply to-- 7i7 any qualified cash or deferred arrangement established before the date of the enactment of this section1 or 7ii7 any annuity contract purchased under a plan established before the date of the enactment of this section4 7,b7 ,post-enactment adoption of multiple employer plan ,subparagraph 7,a7 shall not apply in the case of an employer adopting after such date of enactment a plan maintained by more than one employer1 and subsection 7a7 shall apply with respect to such employer as if such plan were a single plan4 7#c7 ,exception for governmental and church plans ,subsection 7a7 shall not apply to any governmental plan 7within the meaning of section #dad7;d77 or any church plan 7within the meaning of section #dad7;e774 7#d7 ,exception for new and small businesses 7,a7 ,new business ,subsection 7a7 shall not apply to any qualified cash or deferred arrangement1 or any annuity contract purchased under a plan1 while the employer maintaining such plan 7and any predecessor employer7 has been in existence for less than #c years4 7,b7 ,small businesses ,subsection 7a7 shall not apply to any qualified cash or deferred arrangement1 or any annuity contract purchased under a plan1 earlier than the date that is #a year after the close of the first taxable year with respect to which the employer maintaining the plan normally employed more than #aj employees4 7,c7 ,treatment of multiple employer plans ,in the case of a plan maintained by more than #a employer1 subparagraphs 7,a7 and 7,b7 shall be applied separately with respect to each such employer1 and all such employers to which subsection 7a7 applies 7after the application of this paragraph7 shall be treated as maintaining a separate plan for purposes of this section4 4 7b7 ,clerical amendment ,the table of sections for subpart ,b of part ,i of subchapter ,d of chapter #a of such ,code is amended by inserting after the item relating to section #dad the following new item3 ,sec4 #dad;,a4 ,requirements related to automatic enrollment4 4 7c7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbe4 #djb4 ,modification of credit for small employer pension plan startup costs 7a7 ,increase in credit percentage for smaller employers ,section #de;,e7e7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,increased credit for certain small employers ,in the case of an employer which would be an eligible employer under subsection 7c7 if section #djh7p77#b77;,c77i7 was applied by substituting #ej employees for #ajj employees1 subsection 7a7 shall be applied by substituting #ajj percent for #ej percent4 4 7b7 ,additional credit for employer contributions by certain small employers ,section #de;,e of such ,code1 as amended by subsection 7a71 is amended by adding at the end the following new subsection3 7f7 ,additional credit for employer contributions by certain eligible employers 7#a7 ,in general ,in the case of an eligible employer1 the credit allowed for the taxable year under subsection 7a7 7determined without regard to this subsection7 shall be increased by an amount equal to the applicable percentage of employer contributions 7other than any elective deferrals 7as defined in section #djb7;g77#c77 by the employer to an eligible employer plan 7other than a defined benefit plan 7as defined in section #dad7;j7774 7#b7 ,limitations 7,a7 ,dollar limitation ,the amount determined under paragraph 7#a7 7before the application of subparagraph 7,b77 with respect to any employee of the employer shall not exceed #a1jjj4 7,b7 ,credit phase-in ,in the case of any eligible employer which had for the preceding taxable year more than #ej employees1 the amount determined under paragraph 7#a7 7without regard to this subparagraph7 shall be reduced by an amount equal to the product of-- 7i7 the amount otherwise so determined under paragraph 7#a71 multiplied by 7ii7 a percentage equal to #b percentage points for each employee of the employer for the preceding taxable year in excess of #ej employees4 7#c7 ,applicable percentage ,for purposes of this section1 the applicable percentage for the taxable year during which the eligible employer plan is established with respect to the eligible employer shall be #ajj percent1 and for taxable years thereafter shall be determined under the following table3 ,in the case of the following taxable year beginning after the taxable year during which plan is established with respect to the eligible employer3 ,the applicable percentage shall be3 #ast#ajjbnd#gecrd#ejdth#be;,any taxable year thereafter#j 7#d7 ,determination of eligible employer2 number of employees ,for purposes of this subsection1 whether an employer is an eligible employer and the number of employees of an employer shall be determined under the rules of subsection 7c71 except that paragraph 7#b7 thereof shall only apply to the taxable year during which the eligible employer plan to which this section applies is established with respect to the eligible employer4 4 7c7 ,disallowance of deduction ,section #de;,e7e77#b7 of such ,code is amended to read as follows3 7#b7 ,disallowance of deduction ,no deduction shall be allowed-- 7,a7 for that portion of the qualified startup costs paid or incurred for the taxable year which is equal to so much of the portion of the credit determined under subsection 7a7 as is properly allocable to such costs1 and 7,b7 for that portion of the employer contributions by the employer for the taxable year which is equal to so much of the credit increase determined under subsection 7f7 as is properly allocable to such contributions4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbd4 #djc4 ,promotion of saver's credit 7a7 ,in general ,the ,secretary of the ,treasury shall take such steps as the ,secretary determines are necessary and appropriate to increase public awareness of the credit provided under section #be;,b of the ,internal ,revenue ,code of #aihf4 7b7 ,report to congress 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall provide a report to ,congress to summarize the anticipated promotion efforts of the ,treasury under subsection 7a74 7#b7 ,contents ,such report shall include-- 7,a7 a description of plans for-- 7i7 the development and distribution of digital and print materials1 including the distribution of such materials to ,states for participants in ,state facilitated retirement savings programs2 and 7ii7 the translation of such materials into the #aj most commonly spoken languages in the ,united ,states after ,english 7as determined by reference to the most recent ,american ,community ,survey of the ,bureau of the ,census72 and 7,b7 such other information as the ,secretary determines is necessary #djd4 ,enhancement of saver's credit 7a7 #ej percent credit rate ,section #be;,b7a7 of the ,internal ,revenue ,code of #aihf is amended by striking the applicable percentage and inserting #ej percent4 7b7 ,adjusted gross income phaseouts ,section #be;,b7b7 of such ,code is amended to read as follows3 7b7 ,limitation ,for purposes of this section-- 7#a7 ,in general ,the amount of credit allowable under subsection 7a7 7determined without regard to this subsection7 shall be reduced 7but not below zero7 by an amount which bears the same ratio to the credit otherwise so allowable as-- 7,a7 the excess 7if any7 of-- 7i7 adjusted gross income of the taxpayer1 over 7ii7 the threshold amount1 bears to 7,b7 the phaseout amount4 7#b7 ,threshold amount ,the term threshold amount means-- 7,a7 in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 #dh1jjj1 7,b7 in the case of a head of household1 #ge percent of the amount in effect for the taxable year under subparagraph 7,a71 and 7,c7 in the case of any other individual1 #ej percent of the amount in effect for the taxable year under subparagraph 7,a74 7#c7 ,phaseout amount ,the term phaseout amount means-- 7,a7 in the case of a joint return or a surviving spouse 7as defined in #b7;a771 #ce1jjj1 7,b7 in the case of a head of household 7as defined in section #b7;b771 #ge percent of the amount in effect for the taxable year under subparagraph 7,a71 and 7,c7 in the case of any other individual1 #ej percent of the amount in effect for the taxable year under subparagraph 7,a74 7#d7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning in a calendar year after #bjbh1 the #dh1jjj dollar amount in paragraph 7#b7 and the #ce1jjj in paragraph 7#c7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjbd for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7,b7 ,rounding ,any increase determined under subparagraph 7,a7 that is not a multiple of #ejj shall be rounded to the nearest multiple of #ejj4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbh4 #dje4 ,enhancement of #djc7;b7 plans 7a7 ,in general ,section #djc7;b77#g77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking if the amounts are to be invested in regulated investment company stock to be held in that custodial account and inserting if the amounts are to be held in that custodial account and invested in regulated investment company stock or a group trust intended to satisfy the requirements of ,internal ,revenue ,service ,revenue ,ruling #ha-ajj 7or any successor guidance74 7b7 ,conforming amendment ,the heading of paragraph 7#g7 of section #djc7;b7 of such ,code is amended by striking for regulated investment company stock4 7c7 ,effective date ,the amendments made by this section shall apply to amounts invested after ,december #ca1 #bjbd4 #djf4 ,increase in age for required beginning date for mandatory distributions 7a7 ,in general ,section #dja7;a77#i77;,c77i77,i7 of the ,internal ,revenue ,code of #aihf is amended by striking age #gb and inserting the applicable age4 7b7 ,spouse beneficiaries2 special rule for owners ,subparagraphs 7,b77iv77,i7 and 7,c77ii77,i7 of section #dja7;a77#i7 of such ,code are each amended by striking age #gb and inserting the applicable age4 7c7 ,applicable age ,section #dja7;a77#i77;,c7 of such ,code is amended by adding at the end the following new clause3 7v7 ,applicable age 7,i7 ,in the case of an individual who attains age #gb after ,december #ca1 #bjbd1 and age #gc before ,january #a1 #bjcb1 the applicable age is #gc4 7,,ii7 ,in the case of an individual who attains age #gc after ,december #ca1 #bjca1 and age #gd before ,january #a1 #bjce1 the applicable age is #gd4 7,,iii7 ,in the case of an individual who attains age #gd after ,december #ca1 #bjcd1 the applicable age is #ge4 4 7d7 ,conforming amendments ,the last sentence of section #djh7;b7 of such ,code is amended by striking age #gb and inserting the applicable age 7determined under section #dja7;a77#i77;,c77v7 for the calendar year in which such taxable year begins74 7e7 ,effective date ,the amendments made by this section shall apply to distributions required to be made after ,december #ca1 #bjbd1 with respect to individuals who attain age #gb after such date4 #djg4 ,indexing ira catch-up limit 7a7 ,in general ,subparagraph 7,c7 of section #bai7;b77#e7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new clause3 7iii7 ,indexing of catch-up limitation ,in the case of any taxable year beginning in a calendar year after #bjbe1 the #a1jjj amount under subparagraph 7,b77ii7 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 year in which the taxable year begins1 determined by substituting calendar year #bjbd for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,if any amount after adjustment under the preceding sentence is not a multiple of #ajj1 such amount shall be rounded to the next lower multiple of #ajj4 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 #djh4 ,higher catch-up limit to apply at age #fb1 #fc1 and #fd 7a7 ,in general 7#a7 ,plans other than simple plans ,section #dad7v77#b77;,b77i7 of the ,internal ,revenue ,code of #aihf is amended by inserting the following before the period3 7#aj1jjj1 in the case of an eligible participant who would attain age #fb1 but not age #fe1 before the close of the taxable year74 7#b7 ,simple plans ,section #dad7v77#b77;,b77ii7 of such ,code is amended by inserting the following before the period3 7#e1jjj1 in the case of an eligible participant who would attain age #fb1 but not age #fe1 before the close of the taxable year74 7b7 ,cost-of-,living adjustments ,subparagraph 7,c7 of section #dad7v77#b7 of such ,code is amended by adding at the end the following3 ,in the case of a year beginning after ,december #ca1 #bjbc1 the ,secretary shall adjust annually the #aj1jjj amount in subparagraph 7,b77i7 and the #e1jjj amount in subparagraph 7,b77ii7 for increases in the cost-of-living at the same time and in the same manner as adjustments under the preceding sentence2 except that the base period taken into account shall be the calendar quarter beginning ,july #a1 #bjbb44 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 #dji4 ,pooled employer plans modification 7a7 ,in general ,section #c7dc77;,b77ii7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7dc77;,b77ii77 is amended to read as follows3 7ii7 designate a named fiduciary 7other than an employer in the plan7 to be responsible for collecting contributions to the plan and require such fiduciary to implement written contribution collection procedures that are reasonable1 diligent1 and systematic2 4 7b7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 #daj4 ,multiple employer #djc7;b7 plans 7a7 ,in general ,section #djc7;b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ae7 ,multiple employer plans 7,a7 ,in general ,except in the case of a church plan1 this subsection shall not be treated as failing to apply to an annuity contract solely by reason of such contract being purchased under a plan maintained by more than #a employer4 7,b7 ,treatment of employers failing to meet requirements of plan 7i7 ,in general ,in the case of a plan maintained by more than #a employer1 this subsection shall not be treated as failing to apply to an annuity contract held under such plan merely because of one or more employers failing to meet the requirements of this subsection if such plan satisfies rules similar to the rules of section #dac7;e77#b7 with respect to any such employer failure4 7ii7 ,additional requirements in case of non-governmental plans ,a plan shall not be treated as meeting the requirements of this subparagraph unless the plan satisfies rules similar to the rules of subparagraph 7,a7 or 7,b7 of section #dac7;e77#a71 except in the case of a multiple employer plan maintained solely by any of the following3 ,a ,state1 a political subdivision of a ,state1 or an agency or instrumentality of any one or more of the foregoing4 4 7b7 ,annual registration for #djc7;b7 multiple employer plan ,section #fjeg of such ,code is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 #djc7;b7 multiple employer plans treated as one plan ,in the case of annuity contracts to which this section applies and to which section #djc7;b7 applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph 7#ae7 thereof1 such plan shall be treated as a single plan for purposes of this section4 4 7c7 ,annual information returns for #djc7;b7 multiple employer plan ,section #fjeh of such ,code is amended by redesignating subsection 7f7 as subsection 7g7 and by inserting after subsection 7e7 the following new subsection3 7f7 #djc7;b7 multiple employer plans treated as one plan ,in the case of annuity contracts to which this section applies and to which section #djc7;b7 applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph 7#ae7 thereof1 such plan shall be treated as a single plan for purposes of this section4 4 7d7 ,amendments to employee retirement income security act of #aigd 7#a7 ,in general ,section #c7dc77;,a7 of the ,employee ,retirement ,income ,security ,act of #aigd is amended-- 7,a7 in clause 7ii71 by striking section #eja7;a7 of such ,code or and inserting section #eja7;a7 of such ,code1 a plan that consists of contracts described in section #djc7;b7 of such ,code1 or2 and 7,b7 in the flush text at the end1 by striking the plan4 and inserting the plan1 but such term shall include any program 7other than a governmental plan7 maintained for the benefit of the employees of more than #a employer that consists of contracts described in section #djc7;b7 of such ,code and that meets the requirements of subparagraph 7,a7 or 7,b7 of section #dac7;e77#a7 of such ,code44 7#b7 ,conforming amendments ,sections #c7dc77;,b77v77,,ii7 and #c7dd77;,a77i77,i7 of the ,employee ,retirement ,income ,security ,act of #aigd are each amended by striking section #dja7;a7 of such ,code or and inserting section #dja7;a7 of such ,code1 a plan that consists of contracts described in section #djc7;b7 of such ,code1 or4 7e7 ,regulations relating to employer failure ,to meet multiple employer plan requirements ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe such regulations as may be necessary to clarify1 in the case of plans to which section #djc7;b77#ae7 of the ,internal ,revenue ,code of #aihf applies1 the treatment of an employer departing such plan in connection with such employer's failure to meet multiple employer plan requirements4 7f7 ,modification of model plan language1 etc 7#a7 ,plan notifications ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall modify the model plan language published under section #dac7;e77#e7 of the ,internal ,revenue ,code of #aihf to include language that notifies participating employers described in section #eja7;c77#c71 and which are exempt from tax under section #eja7;a71 that the plan is subject to the ,employee ,retirement ,income ,security ,act of #aigd and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and1 as such1 has certain fiduciary duties with respect to the plan and to its employees4 7#b7 ,model plans for multiple employer #djc7;b7 non-governmental plans ,for plans to which section #djc7;b77#ae77;,a7 of the ,internal ,revenue ,code of #aihf applies 7other than a plan maintained for its employees by a ,state1 a political subdivision of a ,state1 or an agency or instrumentality of any one or more of the foregoing71 the ,secretary of the ,treasury shall publish model plan language similar to model plan language published under section #dac7;e77#e7 of such ,code4 7#c7 ,educational outreach to employers exempt from tax ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall provide education and outreach to increase awareness to employers described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 and which are exempt from tax under section #eja7;a7 of such ,code1 that multiple employer plans are subject to the ,employee ,retirement ,income ,security ,act of #aigd and that such employer is a plan sponsor with respect to its employees participating in the multiple employer plan and1 as such1 has certain fiduciary duties with respect to the plan and to its employees4 7g7 ,no inference with respect to church plans ,regarding any application of section #djc7;b7 of the ,internal ,revenue ,code of #aihf to an annuity contract purchased under a church plan 7as defined in section #dad7;e7 of such ,code7 maintained by more than #a employer1 or to any application of rules similar to section #dac7;e7 of such ,code to such a plan1 no inference shall be made from section #djc7;b77#ae77;,a7 of such ,code 7as added by this ,act7 not applying to such plans4 7h7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 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 amendment7 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 the case of a plan to which section #djc7;b77#ae7 of the ,internal ,revenue ,code of #aihf applies4 #daa4 ,treatment of student loan payments as elective deferrals for purposes of matching contributions 7a7 ,in general ,section #dja7m77#d77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of clause 7i71 by striking the period at the end of clause 7ii7 and inserting 1 and1 and by adding at the end the following new clause3 7iii7 subject to the requirements of paragraph 7#ac71 any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment4 7b7 ,qualified student loan payment ,section #dja7m77#d7 of such ,code is amended by adding at the end the following new subparagraph3 7,d7 ,qualified student loan payment ,the term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan 7as defined section #bba7;d77#a77 incurred by the employee to pay qualified higher education expenses1 but only-- 7i7 to the extent such payments in the aggregate for the year do not exceed an amount equal to-- 7,i7 the limitation applicable under section #djb7;g7 for the year 7or1 if lesser1 the employee's compensation 7as defined in section #dae7;c77#c77 for the year71 reduced by 7,,ii7 the elective deferrals made by the employee for such year1 and 7ii7 if the employee certifies to the employer making the matching contribution under this paragraph that such payment has been made on such loan4 ,for purposes of this subparagraph1 the term qualified higher education expenses means the cost of attendance 7as defined in section #dgb of the ,higher ,education ,act of #aife1 as in effect on the day before the date of the enactment of the ,taxpayer ,relief ,act of #aiig7 at an eligible educational institution 7as defined in section #bba7;d77#b774 4 7c7 ,matching contributions for qualified student loan payments ,section #dja7m7 of such ,code is amended by redesignating paragraph 7#ac7 as paragraph 7#ad71 and by inserting after paragraph 7#ab7 the following new paragraph3 7#ac7 ,matching contributions for qualified student loan payments 7,a7 ,in general ,for purposes of paragraph 7#d77;,a77iii71 an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if-- 7i7 the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments1 7ii7 the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals1 7iii7 under the plan1 all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments1 and 7iv7 the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals4 7,b7 ,treatment for purposes of nondiscrimination rules1 etc 7i7 ,nondiscrimination rules ,for purposes of subparagraph 7,a77iii71 subsection 7a77#d71 and section #daj7;b71 matching contributions described in paragraph 7#d77;,a77iii7 shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan 7as defined in section #bba7;d77#a774 7ii7 ,student loan payments not treated as plan contribution ,except as provided in clause 7iii71 a qualified student loan payment shall not be treated as a contribution to a plan under this title4 7iii7 ,matching contribution rules ,solely for purposes of meeting the requirements of paragraph 7#aa77;,b7 or 7#ab7 of this subsection1 or paragraph 7#aa77;,b77i77,,ii71 7#ab77;,b71 or 7#ac77;,d7 of subsection 7k71 a plan may treat a qualified student loan payment as an elective deferral or an elective contribution1 whichever is applicable4 7iv7 ,actual deferral percentage testing ,in determining whether a plan meets the requirements of subsection 7k77#c77;,a77ii7 for a plan year1 the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph 7#d77;,a77iii7 for the plan year4 7,c7 ,employer may rely on employee certification ,the employer may rely on an employee certification of payment under paragraph 7#d77;,d77ii74 4 7d7 ,simple retirement accounts ,section #djh7p77#b7 of such ,code is amended by adding at the end the following new subparagraph3 7,f7 ,matching contributions for qualified student loan payments 7i7 ,in general ,subject to the rules of clause 7iii71 an arrangement shall not fail to be treated as meeting the requirements of subparagraph 7,a77iii7 solely because under the arrangement1 solely for purposes of such subparagraph1 qualified student loan payments are treated as amounts elected by the employee under subparagraph 7,a77i77,i7 to the extent such payments do not exceed-- 7,i7 the applicable dollar amount under subparagraph 7,e7 7after application of section #dad7v77 for the year 7or1 if lesser1 the employee's compensation 7as defined in section #dae7;c77#c77 for the year71 reduced by 7,,ii7 any other amounts elected by the employee under subparagraph 7,a77i77,i7 for the year4 7ii7 ,qualified student loan payment ,for purposes of this subparagraph-- 7,i7 ,in general ,the term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan 7as defined in section #bba7;d77#a77 incurred by the employee to pay qualified higher education expenses1 but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan4 7,,ii7 ,qualified higher education expenses ,the term qualified higher education expenses has the same meaning as when used in section #dja7m77#d77;,d74 7iii7 ,applicable rules ,clause 7i7 shall apply to an arrangement only if1 under the arrangement-- 7,i7 matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph 7,a77i77,i71 and 7,,ii7 all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments4 4 7e7 #djc7;b7 plans ,section #djc7;b77#ab77;,a7 of such ,code is amended by adding at the end the following3 ,the fact that the employer offers matching contributions on account of qualified student loan payments as described in section #dja7m77#ac7 shall not be taken into account in determining whether the arrangement satisfies the requirements of clause 7ii7 7and any regulation thereunder744 7f7 #deg7;b7 plans ,section #deg7;b7 of such ,code is amended by adding at the end the following3 ,a plan which is established and maintained by an employer which is described in subsection 7e77#a77;,a7 shall not be treated as failing to meet the requirements of this subsection solely because the plan1 or another plan maintained by the employer which meets the requirements of section #dja7;a7 or #djc7;b71 provides for matching contributions on account of qualified student loan payments as described in section #dja7m77#ac744 7g7 ,regulatory authority ,the ,secretary shall prescribe regulations for purposes of implementing the amendments made by this section1 including regulations-- 7#a7 permitting a plan to make matching contributions for qualified student loan payments1 as defined in sections #dja7m77#d77;,d7 and #djh7p77#b77;,f7 of the ,internal ,revenue ,code of #aihf1 as added by this section1 at a different frequency than matching contributions are otherwise made under the plan1 provided that the frequency is not less than annually2 7#b7 permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan1 including an annual deadline 7not earlier than #c months after the close of each plan year7 by which a claim must be made2 and 7#c7 promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections #dja7m71 #djh7p71 #djc7;b71 and #deg7;b7 of the ,internal ,revenue ,code of #aihf4 7h7 ,effective date ,the amendments made by this section shall apply to contributions made for plan years beginning after ,december #ca1 #bjbd4 #dab4 ,application of credit for small employer pension plan startup costs to employers which join an existing plan 7a7 ,in general ,section #de;,e7d77#c77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking effective and inserting effective with respect to the eligible employer4 7b7 ,effective date ,the amendment made by this section shall take effect as if included in the enactment of section #ajd of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai4 #dac4 ,military spouse retirement plan eligibility credit for small employers 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,u4 ,military spouse retirement plan eligibility credit for small employers 7a7 ,in general ,for purposes of section #ch1 in the case of any eligible small employer1 the military spouse retirement plan eligibility credit determined under this section for any taxable year is an amount equal to the sum of-- 7#a7 #bej with respect to each military spouse who is an employee of such employer and who is eligible to participate in an eligible defined contribution plan of such employer at any time during such taxable year1 plus 7#b7 so much of the contributions made by such employer to all such plans with respect to such employee during such taxable year as do not exceed #bej4 7b7 ,limitation ,an individual shall only be taken into account as a military spouse under subsection 7a7 for the taxable year which includes the date on which such individual began participating in the eligible defined contribution plan of the employer and the #b succeeding taxable years4 7c7 ,eligible small employer ,for purposes of this section-- 7#a7 ,in general ,the term eligible small employer means an eligible employer 7as defined in section #djh7p77#b77;,c77i77,i774 7#b7 ,application of #b-year grace period ,a rule similar to the rule of section #djh7p77#b77;,c77i77,,ii7 shall apply for purposes of this section4 7d7 ,military spouse ,for purposes of this section-- 7#a7 ,in general ,the term military spouse means1 with respect to any employer1 any individual who is married 7within the meaning of section #ggjc as of the first date that the employee is employed by the employer7 to an individual who is a member of the uniformed services 7as defined section #aja7;a77#e7 of title #aj1 ,united ,states ,code74 ,for purposes of this section1 an employer may rely on an employee's certification that such employee's spouse is a member of the uniformed services if such certification provides the name1 rank1 and service branch of such spouse4 7#b7 ,exclusion of highly compensated employees ,with respect to any employer1 the term military spouse shall not include any individual if such individual is a highly compensated employee of such employer 7within the meaning of section #dad7q774 7e7 ,eligible defined contribution plan ,for purposes of this section1 the term eligible defined contribution plan means1 with respect to any eligible small employer1 any defined contribution plan 7as defined in section #dad7;i77 of such employer if1 under the terms of such plan-- 7#a7 military spouses employed by such employer are eligible to participate in such plan not later than the date which is #b months after the date on which such individual begins employment with such employer1 and 7#b7 military spouses who are eligible to participate in such plan-- 7,a7 are immediately eligible to receive an amount of employer contributions under such plan which is not less the amount of such contributions that a similarly situated participant who is not a military spouse would be eligible to receive under such plan after #b years of service1 and 7,b7 immediately have a nonforfeitable right to the employee's accrued benefit derived from employer contributions under such plan4 7f7 ,aggregation rule ,all persons treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad shall be treated as one employer for purposes of this section4 4 7b7 ,credit allowed as part of general business credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cd7 in the case of an eligible small employer 7as defined in section #de,u7c771 the military spouse retirement plan eligibility credit determined under section #de,u7a74 4 7c7 ,specified credit for purposes of certified professional employer organizations ,section #ceaa7;d77#b7 of such ,code is amended by redesignating subparagraphs 7,f71 7,g71 and 7,h7 as subparagraphs 7,g71 7,h71 and 7,i71 respectively1 and by inserting after subparagraph 7,e7 the following new subparagraph3 7,f7 section #de,u 7military spouse retirement plan eligibility credit71 4 7d7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,u4 ,military spouse retirement plan eligibility credit for small employers4 4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #dad4 ,small immediate financial incentives for contributing to a plan 7a7 ,in general ,subparagraph 7,a7 of section #dja7k77#d7 of the ,internal ,revenue ,code of #aihf is amended by inserting 7other than a de minimis financial incentive7 after any other benefit4 7b7 ,section #djc7;b7 plans ,subparagraph 7,a7 of section #djc7;b77#ab7 of such ,code1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following3 ,a plan shall not fail to satisfy clause 7ii7 solely by reason of offering a de minimis financial incentive to employees to elect to have the employer make contributions pursuant to a salary reduction agreement44 7c7 ,exemption from prohibited transaction rules ,subsection 7d7 of section #dige of such ,code is amended by striking or at the end of paragraph 7#bb71 by striking the period at the end of paragraph 7#bc7 and inserting 1 or1 and by adding at the end the following new paragraph3 7#bd7 the provision of a de minimis financial incentive described in section #dja7k77#d77;,a74 4 7d7 ,amendment of employee retirement income security act of #aigd ,subsection 7b7 of section #djh of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aajh7;b77 is amended by adding at the end the following new paragraph3 7#ba7 ,the provision of a de minimis financial incentive described in section #dja7k77#d77;,a7 or section #djc7;b77#ab77;,a7 of the ,internal ,revenue ,code of #aihf4 4 7e7 ,effective date ,the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this ,act4 #dae4 ,safe harbor for corrections of employee elective deferral failures 7a7 ,in general ,section #dad of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7aa7 ,correcting automatic contribution errors 7#a7 ,in general ,any plan or arrangement shall not fail to be treated as a plan described in sections #dja7;a71 #djc7;b71 #djh1 or #deg7;b71 as applicable1 solely by reason of a corrected error4 7#b7 ,corrected error defined ,for purposes of this subsection1 the term corrected error means a reasonable administrative error in implementing an automatic enrollment or automatic escalation feature in accordance with the terms of an eligible automatic contribution arrangement 7as defined under subsection 7w77#c771 provided that such implementation error-- 7,a7 is corrected by the date that is #i months after the end of the plan year during which the error occurred1 7,b7 is corrected in a manner that is favorable to the participant1 and 7,c7 is of a type which is so corrected for all similarly situated participants in a nondiscriminatory manner4 ,such correction may occur before or after the participant has terminated employment and may occur without regard to whether the error is identified by the ,secretary4 7#c7 ,regulations and guidance for favorable correction methods ,the ,secretary shall1 by regulations or other guidance of general applicability1 specify the correction methods that are in a manner favorable to the participant for purposes of paragraph 7#b77;,b74 4 7b7 ,effective date ,the amendment made by this section shall apply with respect to any errors with respect to which the date referred to in section #dad7;aa7 7as added by this section7 is after the date of enactment of this ,act4 #daf4 ,improving coverage for part-time workers 7a7 ,in general ,section #bjb of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajeb7 is amended by adding at the end the following new subsection3 7c7 ,special rule for certain part-,time employees 7#a7 ,in general ,a pension plan that includes either a qualified cash or deferred arrangement 7as defined in section #dja7k7 of the ,internal ,revenue ,code of #aihf7 or a salary reduction agreement 7as described in section #djc7;b7 of such ,code7 shall not require1 as a condition of participation in the arrangement or agreement1 that an employee complete a period of service with the employer 7or employers7 maintaining the plan extending beyond the close of the earlier of-- 7,a7 the period permitted under subsection 7a77#a7 7determined without regard to subparagraph 7,b77i7 thereof72 or 7,b7 the first #bd-month period-- 7i7 consisting of #b consecutive #ab-month periods during each of which the employee has at least #ejj hours of service2 and 7ii7 by the close of which the employee has attained the age of #ba4 7#b7 ,exception ,paragraph 7#a77;,b7 shall not apply to any employee described in section #daj7;b77#c7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,coordination with other rules 7,a7 ,in general ,in the case of employees who are eligible to participate in the arrangement or agreement solely by reason of paragraph 7#a77;,b73 7i7 ,exclusions ,an employer may elect to exclude such employees from the application of subsections 7a77#d71 7k77#c71 7k77#ab71 7k77#ac71 and 7m77#b7 of section #dja of the ,internal ,revenue ,code of #aihf and section #daj7;b7 of such ,code4 7ii7 ,nondiscrimination rules ,notwithstanding paragraph 7#a71 section #dja7k77#ae77;,b77i77,i7 of such ,code shall apply4 7iii7 ,time of participation ,the rules of subsection 7a77#d7 shall apply to such employees4 7,b7 ,top-heavy rules ,an employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of paragraph 7#a77;,b7 from the application of the vesting and benefit requirements under subsections 7b7 and 7c7 of section #daf of the ,internal ,revenue ,code of #aihf4 7#d7 #ab-month period ,for purposes of this subsection1 #ab-month periods shall be determined in the same manner as under the last sentence of subsection 7a77#c77;,a71 except that #ab-month periods beginning before ,january #a1 #bjbc1 shall not be taken into account4 7b7 ,vesting ,section #bjc7;b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajec7;a77 is amended by redesignating paragraph 7#d7 as paragraph 7#e7 and by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,part-time employees ,for purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section #bjb7;c77#a77;,b7 has a nonforfeitable right to employer contributions-- 7,a7 except as provided in subparagraph 7,b71 each #ab-month period for which the employee has at least #ejj hours of service shall be treated as a year of service2 and 7,b7 paragraph 7#c7 shall be applied by substituting at least #ejj hours of service for more than #ejj hours of service in subparagraph 7,a7 thereof4 ,for purposes of this paragraph1 #ab-month periods shall be determined in the same manner as under the last sentence of section #bjb7;a77#c77;,a71 except that #ab-month periods beginning before ,january #a1 #bjbc1 shall not be taken into account4 4 7c7 ,reduction in period service requirement for qualified cash and deferred arrangements ,section #dja7k77#b77;,d77ii7 of the ,internal ,revenue ,code of #aihf is amended by striking #c and inserting #b4 7d7 ,pre-#bjba service ,section #aab7;b7 of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai 7#bf ,u4,s4,c4 #dja note7 is amended by striking section #dja7k77#b77;,d77ii7 and inserting paragraphs 7#b77;,d77ii7 and 7#ae77;,b77iii7 of section #dja7k74 7e7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 7#b7 ,subsection 7d7 ,the amendment made by subsection 7d7 shall take effect as if included in the enactment of section #aab of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai4 #dag4 ,deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by s corporation 7a7 ,in general ,section #ajdb7;c77#a77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking domestic ,c corporation and inserting domestic corporation4 7b7 #aj percent limitation on application of gain on sale of s corporation stock ,section #ajdb of such ,code is amended by adding at the end the following new subsection3 7h7 ,application of section to sale of stock in s corporation ,in the case of the sale of qualified securities of an ,s corporation1 the election under subsection 7a7 may be made with respect to not more than #aj percent of the amount realized on such sale for purposes of determining the amount of gain not recognized and the extent to which 7if at all7 the amount realized on such sale exceeds the cost of qualified replacement property4 ,the portion of adjusted basis that is properly allocable to the portion of the amount realized with respect to which the election is made under this subsection shall be taken into account for purposes of the preceding sentence4 4 7c7 ,effective date ,the amendments made by this section shall apply to sales after ,december #ca1 #bjbi4 #dah4 ,certain securities treated as publicly traded in case of employee stock ownership plans 7a7 ,in general ,section #dja7;a77#ce7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,i7 ,esop rules relating to publicly traded securities ,in the case of an applicable defined contribution plan which is an employee stock ownership plan1 an employer security shall be treated as described in subparagraph 7,g77v7 if-- 7i7 the security is the subject of priced quotations by at least #d dealers1 published and made continuously available on an interdealer quotation system 7as such term is used in section #ac of the ,securities ,exchange ,act of #aicd7 which has made the request described in section #f7;j7 of such ,act to be treated as an alternative trading system1 7ii7 the security is not a penny stock 7as defined by section #c7;a77#ea7 of such ,act71 7iii7 the security is issued by a corporation which is not a shell company 7as such term is used in section #d7;d77#f7 of the ,securities ,act of #aicc71 a blank check company 7as defined in section #g7;b77#c7 of such ,act71 or subject to bankruptcy proceedings1 7iv7 the security has a public float 7as such term is used in section #bdj4ab;b-#b of title #ag1 ,code of ,federal ,regulations7 which has a fair market value of at least #a1jjj1jjj and constitutes at least #aj percent of the total shares issued and outstanding4 7v7 in the case of a security issued by a domestic corporation1 the issuer publishes1 not less frequently than annually1 financial statements audited by an independent auditor registered with the ,public ,company ,accounting ,oversight ,board established under the ,sarbanes-,oxley ,act of #bjjb1 and 7vi7 in the case of a security issued by a foreign corporation1 the security is represented by a depositary share 7as defined under section #bdj4ab;b-#b of title #ag1 ,code of ,federal ,regulations71 or is issued by a foreign corporation incorporated in ,canada and readily tradeable on an established securities market in ,canada1 and the issuer-- 7,i7 is subject to1 and in compliance with1 the reporting requirements of section #ac or #ae7;d7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm or #gho7d771 7,,ii7 is subject to1 and in compliance with1 the reporting requirements of section #bcj4beg of title #ag1 ,code of ,federal ,regulations1 or 7,,iii7 is exempt from such requirements under section #bdj4ab;g#c-b7;b7 of title #ag1 ,code of ,federal ,regulations4 4 7b7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbi4 #dai4 ,remove required minimum distribution barriers for life annuities 7a7 ,in general ,section #dja7;a77#i7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,j7 ,certain increases in payments under a commercial annuity ,nothing in this section shall prohibit a commercial annuity 7within the meaning of section #cdje7;e77#f77 that is issued in connection with any eligible retirement plan 7within the meaning of section #djb7;c77#h77;,b71 other than a defined benefit plan7 from providing one or more of the following types of payments on or after the annuity starting date3 7i7 annuity payments that increase by a constant percentage1 applied not less frequently than annually1 at a rate that is less than #e percent per year1 7ii7 a lump sum payment that-- 7,i7 results in a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity payments1 provided that such lump sum is determined using reasonable actuarial methods and assumptions1 as determined in good faith by the issuer of the contract1 or 7,,ii7 accelerates the receipt of annuity payments that are scheduled to be received within the ensuing #ab months1 regardless of whether such acceleration shortens the payment period with respect to the annuity1 reduces the dollar amount of benefits to be paid under the contract1 or results in a suspension of annuity payments during the period being accelerated1 7iii7 an amount which is in the nature of a dividend or similar distribution1 provided that the issuer of the contract determines such amount based on a reasonable comparison of the actuarial factors assumed when calculating the initial annuity payments and the issuer's experience with respect to those factors1 or 7iv7 a final payment upon death that does not exceed the excess of the total amount of the consideration paid for the annuity payments1 less the aggregate amount of prior distributions or payments from or under the contract4 4 7b7 ,effective date ,this section shall apply to calendar years ending after the date of the enactment of this ,act4 #dbj4 ,qualifying longevity annuity contracts 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 or the ,secretary's delegate 7hereafter in this section referred to as the ,secretary7 shall amend the regulation issued by the ,department of the ,treasury relating to ,longevity ,annuity ,contracts 7#gi ,fed4 ,reg4 #cgfcc 7,july #b1 #bjad771 as follows3 7#a7 ,repeal #be-percent premium limit ,the ,secretary shall amend ,q,a-#ag7;b77#c7 of ,treasury ,regulation section #a4dja7;a77#i7-f and ,q,a-#ab7;b77#c7 of ,treasury ,regulation section #a4djh-h to eliminate the requirement that premiums for qualifying longevity annuity contracts be limited to a percentage of an individual's account balance1 and to make such corresponding changes to the regulations and related forms as are necessary to reflect the elimination of this requirement4 7#b7 ,facilitate joint and survivor benefits ,the ,secretary shall amend ,q,a-#ag7;c7 of ,treasury ,regulation section #a4dja7;a77#i7-f1 and make such corresponding changes to the regulations and related forms as are necessary1 to provide that1 in the case of a qualifying longevity annuity contract which was purchased with joint and survivor annuity benefits for the individual and the individual's spouse which were permissible under the regulations at the time the contract was originally purchased1 a divorce occurring after the original purchase and before the annuity payments commence under the contract will not affect the permissibility of the joint and survivor annuity benefits or other benefits under the contract1 or require any adjustment to the amount or duration of benefits payable under the contract1 provided that any qualified domestic relations order 7within the meaning of section #dad7p7 of the ,internal ,revenue ,code of #aihf7 or1 in the case of an arrangement not subject to section #dad7p7 of such ,code or section #bjf7;d7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajef7;d771 any divorce or separation instrument 7as defined in subsection 7b77-- 7,a7 provides that the former spouse is entitled to the survivor benefits under the contract2 7,b7 does not modify the treatment of the former spouse as the beneficiary under the contract who is entitled to the survivor benefits2 or 7,c7 does not modify the treatment of the former spouse as the measuring life for the survivor benefits under the contract4 7#c7 ,permit short free look period ,the ,secretary shall amend ,q,a-#ag7;a77#d7 of ,treasury ,regulation section #a4dja7;a77#i7-f to ensure that such ,q,a does not preclude a contract from including a provision under which an employee may rescind the purchase of the contract within a period not exceeding #ij days from the date of purchase4 7b7 ,divorce or separation instrument ,for purposes of subsection 7a77#b71 the term divorce or separation instrument means-- 7#a7 a decree of divorce or separate maintenance or a written instrument incident to such a decree1 7#b7 a written separation agreement1 or 7#c7 a decree 7not described in paragraph 7#a77 requiring a spouse to make payments for the support or maintenance of the other spouse4 7c7 ,effective dates1 enforcement1 and interpretations 7#a7 ,effective dates 7,a7 ,paragraph 7#a7 of subsection 7a7 shall be effective with respect to contracts purchased or received in an exchange on or after the date of the enactment of this ,act4 7,b7 ,paragraphs 7#b7 and 7#c7 of subsection 7a7 shall be effective with respect to contracts purchased or received in an exchange on or after ,july #b1 #bjaf4 7#b7 ,enforcement and interpretations ,prior to the date on which the ,secretary issues final regulations pursuant to subsection 7a7-- 7,a7 the ,secretary 7or delegate7 shall administer and enforce the law in accordance with subsection 7a7 and the effective dates in paragraph 7#a7 of this subsection2 and 7,b7 taxpayers may rely upon their reasonable good faith interpretations of subsection 7a74 7d7 ,regulatory successor provision ,any reference to a regulation under this section shall be treated as including a reference to any successor regulation thereto4 #dba4 ,insurance-dedicated exchange-traded funds 7a7 ,in general ,not later than the date which is #g years after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall amend the regulation issued by the ,department of the ,treasury relating to ,income ,tax2 ,diversification ,requirements for ,variable ,annuity1 ,endowment1 and ,life ,insurance ,contracts1 #ed ,fed4 ,reg4 #hgbh 7,march #b1 #aihi71 and make any necessary corresponding amendments to other regulations1 in order to facilitate the use of exchange-traded funds as investment options under variable contracts within the meaning of section #hag7;d7 of the ,internal ,revenue ,code of #aihf1 in accordance with subsections 7b7 and 7c7 of this section4 7b7 ,designate certain authorized participants and market makers as eligible investors ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall amend ,treasury ,regulation section #a4hag-e7;f77#c7 to provide that satisfaction of the requirements in ,treasury ,regulation section #a4hag-e7;f77#b77;i7 with respect to an exchange-traded fund shall not be prevented by reason of beneficial interests in such a fund being held by #a or more authorized participants or market makers4 7c7 ,define relevant terms ,in amending ,treasury ,regulation section #a4hag-e7;f77#c7 in accordance with subsections 7b7 of this section1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall provide definitions consistent with the following3 7#a7 ,exchange-traded fund ,the term exchange-traded fund means a regulated investment company1 partnership1 or trust-- 7,a7 that is registered with the ,securities and ,exchange ,commission as an open-end investment company or a unit investment trust2 7,b7 the shares of which can be purchased or redeemed directly from the fund only by an authorized participant2 and 7,c7 the shares of which are traded throughout the day on a national stock exchange at market prices that may or may not be the same as the net asset value of the shares4 7#b7 ,authorized participant ,the term authorized participant means a financial institution that is a member or participant of a clearing agency registered under section #ag;,a7b7 of the ,securities ,exchange ,act of #aicd that enters into a contractual relationship with an exchange-traded fund pursuant to which the financial institution is permitted to purchase and redeem shares directly from the fund and to sell such shares to third parties1 but only if the contractual arrangement or applicable law precludes the financial institution from-- 7,a7 purchasing the shares for its own investment purposes rather than for the exclusive purpose of creating and redeeming such shares on behalf of third parties2 and 7,b7 selling the shares to third parties who are not market makers or otherwise described in paragraphs 7#b7 and 7#c7 of ,treasury ,regulation section #a4hag-e7;f74 7#c7 ,market maker ,the term market maker means a financial institution that is a registered broker or dealer under section #ae7;b7 of the ,securities ,exchange ,act of #aicd that maintains liquidity for an exchange-traded fund on a national stock exchange by being always ready to buy and sell shares of such fund on the market1 but only if the financial institution is contractually or legally precluded from selling or buying such shares to or from persons who are not authorized participants or otherwise described in paragraphs 7#b7 and 7#c7 of ,treasury ,regulations section #a4hag-e7;f74 7d7 ,effective date ,subsections 7b7 and 7c7 shall apply to segregated asset account investments made on or after the date that is #g years after the date of the enactment of this ,act4 #dbb4 ,recovery of retirement plan overpayments 7a7 ,overpayments under ,,erisa ,section #bjf of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajef7 is amended by adding at the end the following new subsection3 7h7 ,special rules applicable to benefit overpayments 7#a7 ,general rule ,in the case of an inadvertent benefit overpayment by any pension plan1 the responsible plan fiduciary shall not be considered to have failed to comply with the requirements of this title merely because such fiduciary determines1 in the exercise of its fiduciary discretion1 not to seek recovery of all or part of such overpayment from-- 7,a7 any participant or beneficiary1 7,b7 any plan sponsor of1 or contributing employer to-- 7i7 an individual account plan1 provided that the amount needed to prevent or restore any impermissible forfeiture from any participant's or beneficiary's account arising in connection with the overpayment is1 separately from and independently of the overpayment1 allocated to such account pursuant to the nonforfeitability requirements of section #bjc 7for example1 out of the plan's forfeiture account1 additional employer contributions1 or recoveries from those responsible for the overpayment71 or 7ii7 a defined benefit pension plan subject to the funding rules in part #c of this subtitle ,b1 unless the responsible plan fiduciary determines1 in the exercise of its fiduciary discretion1 that failure to recover all or part of the overpayment faster than required under such funding rules would materially affect the plan's ability to pay benefits due to other participants and beneficiaries1 or 7,c7 any fiduciary of the plan1 other than a fiduciary 7including a plan sponsor or contributing employer acting in a fiduciary capacity7 whose breach of its fiduciary duties resulted in such overpayment1 provided that if the plan has established prudent procedures to prevent and minimize overpayment of benefits and the relevant plan fiduciaries have followed such procedures1 an inadvertent benefit overpayment will not give rise to a breach of fiduciary duty4 7#b7 ,reduction in future benefit payments and recovery from responsible party ,paragraph 7#a7 shall not fail to apply with respect to any inadvertent benefit overpayment merely because1 after discovering such overpayment1 the responsible plan fiduciary-- 7,a7 reduces future benefit payments to the correct amount provided for under the terms of the plan1 or 7,b7 seeks recovery from the person or persons responsible for the overpayment4 7#c7 ,employer funding obligations ,nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under part #c of this subtitle ,b or to prevent or restore an impermissible forfeiture in accordance with section #bjc4 7#d7 ,recoupment from participants and beneficiaries ,if the responsible plan fiduciary1 in the exercise of its fiduciary discretion1 decides to seek recoupment from a participant or beneficiary of all or part of an inadvertent benefit overpayment made by the plan to such participant or beneficiary1 it may do so1 subject to the following conditions3 7,a7 ,no interest or other additional amounts 7such as collection costs or fees7 are sought on overpaid amounts for any period4 7,b7 ,if the plan seeks to recoup past overpayments of a non-decreasing periodic benefit by reducing future benefit payments-- 7i7 the reduction ceases after the plan has recovered the full dollar amount of the overpayment1 7ii7 the amount recouped each calendar year does not exceed #aj percent of the full dollar amount of the overpayment1 and 7iii7 future benefit payments are not reduced to below #ij percent of the periodic amount otherwise payable under the terms of the plan4 ,alternatively1 if the plan seeks to recoup past overpayments of a non-decreasing periodic benefit through one or more installment payments1 the sum of such installment payments in any calendar year does not exceed the sum of the reductions that would be permitted in such year under the preceding sentence4 7,c7 ,if the plan seeks to recoup past overpayments of a benefit other than a non-decreasing periodic benefit1 the plan satisfies requirements developed by the ,secretary for purposes of this subparagraph4 7,d7 ,efforts to recoup overpayments are-- 7i7 not accompanied by threats of litigation1 unless the responsible plan fiduciary reasonably believes it could prevail in a civil action brought in ,federal or ,state court to recoup the overpayments1 and 7ii7 not made through a collection agency or similar third party1 unless the participant or beneficiary ignores or rejects efforts to recoup the overpayment following either a final judgment in ,federal or ,state court or a settlement between the participant or beneficiary and the plan1 in either case authorizing such recoupment4 7,e7 ,recoupment of past overpayments to a participant is not sought from any beneficiary of the participant1 including a spouse1 surviving spouse1 former spouse1 or other beneficiary4 7,f7 ,recoupment may not be sought if the first overpayment occurred more than #c years before the participant or beneficiary is first notified in writing of the error4 7,g7 ,a participant or beneficiary from whom recoupment is sought is entitled to contest all or part of the recoupment pursuant to the plan's claims procedures4 7,h7 ,in determining the amount of recoupment to seek1 the responsible plan fiduciary may take into account the hardship that recoupment likely would impose on the participant or beneficiary4 7#e7 ,effect of culpability ,subparagraphs 7,a7 through 7,f7 of paragraph 7#d7 shall not apply to protect a participant or beneficiary who is culpable4 ,for purposes of this paragraph1 a participant or beneficiary is culpable if the individual bears responsibility for the overpayment 7such as through misrepresentations or omissions that led to the overpayment71 or if the individual knew1 or had good reason to know under the circumstances1 that the benefit payment or payments were materially in excess of the correct amount4 ,notwithstanding the preceding sentence1 an individual is not culpable merely because the individual believed the benefit payment or payments were or might be in excess of the correct amount1 if the individual raised that question with an authorized plan representative and was told the payment or payments were not in excess of the correct amount4 ,with respect to a culpable participant or beneficiary1 efforts to recoup overpayments shall not be made through threats of litigation1 unless a lawyer for the plan could make the representations required under ,rule #aa of the ,federal ,rules of ,civil ,procedure if the litigation were brought in ,federal court4 4 7b7 ,overpayments under internal revenue code of #aihf 7#a7 ,qualification requirements ,section #dad of the ,internal ,revenue ,code of #aihf1 as amended by this preceding provisions of this ,act1 is amended by adding at the end the following new subsection3 7bb7 ,special rules applicable to benefit overpayments 7#a7 ,in general ,a plan shall not fail to be treated as described in clause 7i71 7ii71 7iii71 or 7iv7 of section #bai7;g77#e77;,a7 7and shall not fail to be treated as satisfying the requirements of section #dja7;a7 or #djc7 merely because-- 7,a7 the plan fails to obtain payment from any participant1 beneficiary1 employer1 plan sponsor1 fiduciary1 or other party on account of any inadvertent benefit overpayment made by the plan1 or 7,b7 the plan sponsor amends the plan to increase past or future benefit payments to affected participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments4 7#b7 ,reduction in future benefit payments and recovery from responsible party ,paragraph 7#a7 shall not fail to apply to a plan merely because1 after discovering a benefit overpayment1 such plan-- 7,a7 reduces future benefit payments to the correct amount provided for under the terms of the plan1 or 7,b7 seeks recovery from the person or persons responsible for such overpayment4 7#c7 ,employer funding obligations ,nothing in this subsection shall relieve an employer of any obligation imposed on it to make contributions to a plan to meet the minimum funding standards under sections #dab and #dcj or to prevent or restore an impermissible forfeiture in accordance with section #daa4 7#d7 ,observance of benefit limitations ,notwithstanding paragraph 7#a71 a plan to which paragraph 7#a7 applies shall observe any limitations imposed on it by section #dja7;a77#ag7 or #dae4 ,the plan may enforce such limitations using any method approved by the ,secretary of the ,treasury for recouping benefits previously paid or allocations previously made in excess of such limitations4 7#e7 ,coordination with other qualification requirements ,the ,secretary of the ,treasury may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph 7#a7 applies4 7#b7 ,rollovers ,section #djb7;c7 of such ,code is amended by adding at the end the following new paragraph3 7#ab7 ,in the case of an inadvertent benefit overpayment from a plan to which section #dad7;bb77#a7 applies that is transferred to an eligible retirement plan by or on behalf of a participant or beneficiary-- 7,a7 the portion of such overpayment with respect to which recoupment is not sought on behalf of the plan shall be treated as having been paid in an eligible rollover distribution if the payment would have been an eligible rollover distribution but for being an overpayment1 and 7,b7 the portion of such overpayment with respect to which recoupment is sought on behalf of the plan shall be permitted to be returned to such plan and in such case shall be treated as an eligible rollover distribution transferred to such plan by the participant or beneficiary who received such overpayment 7and the plans making and receiving such transfer shall be treated as permitting such transfer74 ,in any case in which recoupment is sought on behalf of the plan but is disputed by the participant or beneficiary who received such overpayment1 such dispute shall be subject to the claims procedures of the plan that made such overpayment1 such plan shall notify the plan receiving the rollover of such dispute1 and the plan receiving the rollover shall retain such overpayment on behalf of the participant or beneficiary 7and shall be entitled to treat such overpayment as plan assets7 pending the outcome of such procedures4 4 7c7 ,effective date ,the amendments made by this section shall apply as of the date of the enactment of this ,act4 7d7 ,certain actions before date of enactment ,plans1 fiduciaries1 employers1 and plan sponsors are entitled to rely on-- 7#a7 a good faith interpretation of then existing administrative guidance for inadvertent benefit overpayment recoupments and recoveries that commenced before the date of enactment of this ,act1 and 7#b7 determinations made before the date of enactment of this ,act by the responsible plan fiduciary1 in the exercise of its fiduciary discretion1 not to seek recoupment or recovery of all or part of an inadvertent benefit overpayment4 ,in the case of a benefit overpayment that occurred prior to the date of enactment of this ,act1 any installment payments by the participant or beneficiary to the plan or any reduction in periodic benefit payments to the participant or beneficiary1 which were made in recoupment of such overpayment and which commenced prior to such date1 may continue after such date4 ,nothing in this subsection shall relieve a fiduciary from responsibility for an overpayment that resulted from a breach of its fiduciary duties4 #dbc4 ,reduction in excise tax on certain accumulations in qualified retirement plans 7a7 ,in general ,section #digd7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #ej percent and inserting #be percent4 7b7 ,reduction in excise tax on failures ,to take required minimum distributions ,section #digd of such ,code is amended by adding at the end the following new subsection3 7e7 ,reduction of tax in certain cases 7#a7 ,reduction ,in the case of a taxpayer who-- 7,a7 corrects1 during the correction window1 a shortfall of distributions from an individual retirement plan which resulted in imposition of a tax under subsection 7a71 and 7,b7 submits a return1 during the correction window1 reflecting such tax 7as modified by this subsection71 the first sentence of subsection 7a7 shall be applied by substituting #aj percent for #be percent4 7#b7 ,correction window ,for purposes of this subsection1 the term correction window means the period of time beginning on the date on which the tax under subsection 7a7 is imposed with respect to a shortfall of distributions from an individual retirement plan1 and ending on the earlier of-- 7,a7 the date on which the ,secretary initiates an audit1 or otherwise demands payment1 with respect to the shortfall of distributions1 or 7,b7 the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection 7a7 is imposed4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbd4 #dbd4 ,performance benchmarks for asset allocation funds 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall provide that1 in the case of a designated investment alternative that contains a mix of asset classes1 the administrator of a plan may1 but is not required to1 use a benchmark that is a blend of different broad-based securities market indices if-- 7#a7 the blend is reasonably representative of the asset class holdings of the designated investment alternative2 7#b7 for purposes of determining the blend's returns for #a-1 #e-1 and #aj-;calendar-year periods 7or for the life of the alternative1 if shorter71 the blend is modified at least once per year to reflect changes in the asset class holdings of the designated investment alternative2 7#c7 the blend is furnished to participants and beneficiaries in a manner that is reasonably designed to be understandable2 and 7#d7 each securities market index that is used for an associated asset class would separately satisfy the requirements of such regulation for such asset class4 7b7 ,study ,not later than #c years after the date of enactment of this ,act1 the ,secretary of ,labor shall deliver a report to the ,committees on ,finance and ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committees on ,ways and ,means and ,education and ,labor of the ,house of ,representatives regarding the utilization1 effectiveness1 and participants' understanding of the benchmarking requirements under this section4 #dbe4 ,review and report to congress relating to reporting and disclosure requirements 7a7 ,study ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of ,labor1 the ,secretary of the ,treasury1 and the ,director of the ,pension ,benefit ,guaranty ,corporation shall review the reporting and disclosure requirements as applicable to each such agency head1 of-- 7#a7 the ,employee ,retirement ,income ,security ,act of #aigd applicable to pension plans 7as defined in section #c7b7 of such ,act 7#bi ,u4,s4,c4 #ajjb7b772 and 7#b7 the ,internal ,revenue ,code of #aihf applicable to qualified retirement plans 7as defined in section #digd7;c7 of such ,code1 without regard to paragraphs 7#d7 and 7#e7 of such section74 7b7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor1 the ,secretary of the ,treasury1 and the ,director of the ,pension ,benefit ,guaranty ,corporation1 jointly1 and after consultation with a balanced group of participant and employer representatives1 shall with respect to plans referenced in subsection 7a7 report on the effectiveness of the applicable reporting and disclosure requirements and make such recommendations as may be appropriate to the ,committee on ,education and ,labor and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on ,finance of the ,senate to consolidate1 simplify1 standardize1 and improve such requirements so as to simplify reporting for such plans and ensure that plans can furnish and participants and beneficiaries timely receive and better understand the information they need to monitor their plans1 plan for retirement1 and obtain the benefits they have earned4 7#b7 ,analysis of effectiveness ,to assess the effectiveness of the applicable reporting and disclosure requirements1 the report shall include an analysis1 based on plan data1 of how participants and beneficiaries are providing preferred contact information1 the methods by which plan sponsors and plans are furnishing disclosures1 and the rate at which participants and beneficiaries 7grouped by key demographics7 are receiving1 accessing1 understanding1 and retaining disclosures4 7#c7 ,collection of information ,the agencies shall conduct appropriate surveys and data collection to obtain any needed information4 #dbf4 ,eliminating unnecessary plan requirements related to unenrolled participants 7a7 ,amendment of employee retirement income security act of #aigd 7#a7 ,in general ,part #a of subtitle ,b of subchapter ,i of the ,employee ,retirement ,income ,security ,act of #aigd is amended by redesignating section #aaa as section #aab and by inserting after section #aaj the following new section3 #aaa4 ,eliminating unnecessary plan requirements related to unenrolled participants 7a7 ,in general ,notwithstanding any other provision of this title1 with respect to any individual account plan1 no disclosure1 notice1 or other plan document 7other than the notices and documents described in paragraphs 7#a7 and 7#b77 shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant receives-- 7#a7 an annual reminder notice of such participant's eligibility to participate in such plan and any applicable election deadlines under the plan2 and 7#b7 any document requested by such participant that the participant would be entitled to receive notwithstanding this section4 7b7 ,unenrolled participant ,for purposes of this section1 the term unenrolled participant means an employee who-- 7#a7 is eligible to participate in an individual account plan2 7#b7 has received-- 7,a7 the summary plan description pursuant to section #ajd7;b72 and 7,b7 any other notices related to eligibility under the plan required to be furnished under this title1 or the ,internal ,revenue ,code of #aihf1 in connection with such participant's initial eligibility to participate in such plan2 7#c7 is not participating in such plan2 7#d7 does not have an account balance in the plan2 and 7#e7 satisfies such other criteria as the ,secretary of ,labor may determine appropriate1 as prescribed in guidance issued in consultation with the ,secretary of ,treasury4 ,for purposes of this section1 any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility4 7c7 ,annual reminder notice ,for purposes of this section1 the term annual reminder notice means a notice provided in accordance with section #bebj4ajd;b-#a of title #bi1 ,code of ,federal ,regulations 7or any successor regulation71 which-- 7#a7 is furnished in connection with the annual open season election period with respect to the plan or1 if there is no such period1 is furnished within a reasonable period prior to the beginning of each plan year2 7#b7 notifies the unenrolled participant of-- 7,a7 the unenrolled participant's eligibility to participate in the plan2 and 7,b7 the key benefits and rights under the plan1 with a focus on employer contributions and vesting provisions2 and 7#c7 provides such information in a prominent manner calculated to be understood by the average participant4 4 7#b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd is amended by striking the item relating to section #aaa and by inserting after the item relating to section #aaj the following new items3 ,sec4 #aaa4 ,eliminating unnecessary plan requirements related to unenrolled participants4,sec4 #aab4 ,repeal and effective date4 4 7b7 ,amendment of internal revenue code of #aihf ,section #dad of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new subsection3 7cc7 ,eliminating unnecessary plan requirements related to unenrolled participants 7#a7 ,in general ,notwithstanding any other provision of this title1 with respect to any defined contribution plan1 no disclosure1 notice1 or other plan document 7other than the notices and documents described in subparagraphs 7,a7 and 7,b77 shall be required to be furnished under this title to any unenrolled participant if the unenrolled participant receives-- 7,a7 an annual reminder notice of such participant's eligibility to participate in such plan and any applicable election deadlines under the plan1 and 7,b7 any document requested by such participant that the participant would be entitled to receive notwithstanding this subsection4 7#b7 ,unenrolled participant ,for purposes of this subsection1 the term unenrolled participant means an employee who-- 7,a7 is eligible to participate in a defined contribution plan1 7,b7 has received-- 7i7 the summary plan description pursuant to section #ajd7;b7 of the ,employee ,retirement ,income ,security ,act of #aigd1 and 7ii7 any other notices related to eligibility under the plan and required to be furnished under this title1 or the ,employee ,retirement ,income ,security ,act of #aigd1 in connection with such participant's initial eligibility to participate in such plan1 7,c7 is not participating in such plan1 7,d7 does not have an account balance in the plan1 and 7,e7 satisfies such other criteria as the ,secretary of the ,treasury may determine appropriate1 as prescribed in guidance issued in consultation with the ,secretary of ,labor4 ,for purposes of this subsection1 any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility4 7#c7 ,annual reminder notice ,for purposes of this subsection1 the term annual reminder notice means the notice described in section #aaa7;c7 of the ,employee ,retirement ,income ,security ,act of #aigd4 4 7c7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 #dbg4 ,retirement savings lost and found 7a7 ,in general 7#a7 ,establishment of retirement savings lost and found ,part #e of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acda et seq47 is amended by adding at the end the following3 #ebc4 ,retirement savings lost and found 7a7 ,establishment 7#a7 ,in general ,not later than #b years after the date of the enactment of this section1 the ,secretary of ,labor1 in consultation with the ,secretary of the ,treasury1 shall establish an online searchable database 7to be managed by the ,department of ,labor in accordance with this section7 to be known as the ,retirement ,savings ,lost and ,found4 ,the ,retirement ,savings ,lost and ,found shall-- 7,a7 allow an individual to search for information that enables the individual to locate the administrator of any plan described in paragraph 7#b7 with respect to which the individual is or was a participant or beneficiary1 and provide contact information for the administrator of any such plan2 7,b7 allow the ,department of ,labor to assist such an individual in locating any such plan of the individual2 and 7,c7 allow the ,department of ,labor to make any necessary changes to contact information on record for the administrator based on any changes to the plan due to merger or consolidation of the plan with any other plan1 division of the plan into two or more plans1 bankruptcy1 termination1 change in name of the plan1 change in name or address of the administrator1 or other causes4 ,the ,retirement ,savings ,lost and ,found established under this paragraph shall include information reported under this section and other relevant information obtained by the ,department of ,labor4 7#b7 ,plans described ,a plan described in this paragraph is a plan to which the vesting standards of section #bjc apply4 7b7 ,administration ,the ,retirement ,savings ,lost and ,found established under subsection 7a7 shall provide individuals described in subsection 7a77#a7 only with the ability to search for information that enables the individual to locate the administrator and contact information for the administrator of any plan with respect to which the individual is or was a participant or beneficiary1 sufficient to allow the individual to locate the individual's plan in order to recover any benefit owing to the individual under the plan4 7c7 ,safeguarding participant privacy and security ,in establishing the ,retirement ,savings ,lost and ,found under subsection 7a71 the ,department of ,labor shall take all necessary and proper precautions to ensure that individuals' plan information maintained by the ,retirement ,savings ,lost and ,found is protected4 7d7 ,definition of administrator ,for purposes of this section1 the term administrator has the meaning given such term in section #c7af77;,a74 7e7 ,information collection from plans ,effective with respect to plan years beginning after the second ,december #ca occurring after the date of the enactment of this subsection1 the administrator of a plan to which the vesting standards of section #bjc apply shall submit to the ,department of ,labor1 at such time and in such form and manner as is prescribed in regulations-- 7#a7 the information described in paragraphs 7#a7 through 7#d7 of section #fjeg7;b7 of the ,internal ,revenue ,code of #aihf2 7#b7 the information described in subparagraphs 7,a7 and 7,b7 of section #fjeg7;a77#b7 of such ,code2 7#c7 the name and taxpayer identifying number of each participant or former participant in the plan-- 7,a7 who1 during the current plan year or any previous plan year1 was reported under section #fjeg7;a77#b77;,c7 of such ,code1 and with respect to whom the benefits described in clause 7ii7 thereof were fully paid during the plan year2 7,b7 with respect to whom any amount was distributed under section #dja7;a77#ca77;,b7 of such ,code during the plan year2 or 7,c7 with respect to whom a deferred annuity contract was distributed during the plan year2 7#d7 in the case of a participant or former participant to whom paragraph 7#c7 applies-- 7,a7 in the case of a participant described in subparagraph 7,b7 thereof1 the name and address of the designated trustee or issuer described in section #dja7;a77#ca77;,b77i7 of such ,code and the account number of the individual retirement plan to which the amount was distributed2 and 7,b7 in the case of a participant described in subparagraph 7,c7 thereof1 the name and address of the issuer of such annuity contract and the contract or certificate number2 and 7#e7 such other information as the ,secretary of ,labor may require4 7f7 ,information collection from federal agencies ,on request1 the ,secretary of ,labor may access and receive such information collected by other ,federal agencies as may be necessary and appropriate to perform work related to the ,retirement ,savings ,lost and ,found4 7g7 ,program integrity audit ,on an annual basis for each of the first #e years beginning one year after the establishment of the database in subsection 7a77#a7 and every #e years thereafter1 the ,inspector ,general of the ,department of ,labor shall conduct an audit of the administration of the ,retirement ,savings ,lost and ,found4 4 7#c7 ,conforming amendment ,the table of contents for the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #ebb the following3 ,sec4 #ebc4,retirement ,savings ,lost and ,found4 4 #dbh4 ,updating dollar limit for mandatory distributions 7a7 ,in general ,section #bjc7;e77#a7 of the ,employee ,retirement ,income ,security ,act of #aigd and sections #dja7;a77#ca77;,b77ii7 and #daa7;a77#aa77;,a7 of the ,internal ,revenue ,code of #aihf are each amended by striking #e1jjj and inserting #g1jjj4 7b7 ,effective date ,the amendments made by this section shall apply to distributions made after ,december #ca1 #bjbd4 #dbi4 ,expansion of employee plans compliance resolution system 7a7 ,in general ,except as otherwise provided in the ,internal ,revenue ,code of #aihf or regulations prescribed by the ,secretary of the ,treasury or the ,secretary's delegate 7referred to in this section as the ,secretary71 any eligible inadvertent failure to comply with the rules applicable under section #dja7;a71 #djc7;a71 #djc7;b71 #djh7p71 or #djh7k7 of such ,code may be self-corrected under the ,employee ,plans ,compliance ,resolution ,system 7as described in ,revenue ,procedure #bjba-cj1 or any successor guidance1 and hereafter in this section referred to as the ,,epcrs71 except to the extent that such failure was identified by the ,secretary prior to any actions which demonstrate a commitment to implement a self-correction4 ,revenue ,procedure #bjba-cj is deemed amended as of the date of the enactment of this ,act to provide that the correction period under section #i4jb of such ,revenue ,procedure 7or any successor guidance7 for an eligible inadvertent failure1 except as otherwise provided under such ,code or in regulations prescribed by the ,secretary1 is indefinite and has no last day1 other than with respect to failures identified by the ,secretary prior to any self-correction as described in the preceding sentence4 7b7 ,loan errors ,in the case of an eligible inadvertent failure relating to a loan from a plan to a participant-- 7#a7 such failure may be self-corrected under subsection 7a7 according to the rules of section #f4jg of ,revenue ,procedure #bjba-cj 7or any successor guidance71 including the provisions related to whether a deemed distribution must be reported on ,form #ajii-,r2 and 7#b7 the ,secretary of ,labor shall treat any such failure which is so self-corrected under subsection 7a7 as meeting the requirements of the ,voluntary ,fiduciary ,correction ,program of the ,department of ,labor if1 with respect to the violation of the fiduciary standards of the ,employee ,retirement ,income ,security ,act of #aigd1 there is a similar loan error eligible for correction under ,,epcrs and the loan error is corrected in such manner4 7c7 ,,epcrs for ,,iras ,the ,secretary shall expand the ,,epcrs to allow custodians of individual retirement plans 7as defined in section #ggja7;a77#cg7 of the ,internal ,revenue ,code of #aihf7 to address eligible inadvertent failures with respect to an individual retirement plan 7as so defined71 including 7but not limited to7-- 7#a7 waivers of the excise tax which would otherwise apply under section #digd of the ,internal ,revenue ,code of #aihf2 7#b7 under the self-correction component of the ,,epcrs1 waivers of the #fj-;day deadline for a rollover where the deadline is missed for reasons beyond the reasonable control of the account owner2 and 7#c7 rules permitting a nonspouse beneficiary to return distributions to an inherited individual retirement plan described in section #djh7;d77#c77;,c7 of the ,internal ,revenue ,code of #aihf in a case where1 due to an inadvertent error by a service provider1 the beneficiary had reason to believe that the distribution could be rolled over without inclusion in income of any part of the distributed amount4 7d7 ,additional safe harbors ,the ,secretary shall expand the ,,epcrs to provide additional safe harbor means of correcting eligible inadvertent failures described in subsection 7a71 including safe harbor means of calculating the earnings which must be restored to a plan in cases where plan assets have been depleted by reason of an eligible inadvertent failure4 7e7 ,eligible inadvertent failure ,for purposes of this section-- 7#a7 ,in general ,except as provided in paragraph 7#b71 the term eligible inadvertent failure means a failure that occurs despite the existence of practices and procedures which-- 7,a7 satisfy the standards set forth in section #d4jd of ,revenue ,procedure #bjba-cj 7or any successor guidance72 or 7,b7 satisfy similar standards in the case of an individual retirement plan4 7#b7 ,exception ,the term eligible inadvertent failure shall not include any failure which is egregious1 relates to the diversion or misuse of plan assets1 or is directly or indirectly related to an abusive tax avoidance transaction4 7f7 ,application of certain requirements for correcting errors ,this section shall not apply to any failure unless the correction of such failure under this section is made in conformity with the general principles that apply to corrections of such failures under the ,internal ,revenue ,code of #aihf1 including regulations or other guidance issued thereunder and including those principles and corrections set forth in ,revenue ,procedure #bjba-cj 7or any successor guidance74 #dcj4 ,eliminate the first day of the month requirement for governmental section #deg7;b7 plans 7a7 ,in general ,section #deg7;b77#d7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#d7 which provides that compensation-- 7,a7 in the case of an eligible employer described in subsection 7e77#a77;,a71 will be deferred only if an agreement providing for such deferral has been entered into before the compensation is currently available to the individual1 and 7,b7 in any other case1 will be deferred for any calendar month only if an agreement providing for such deferral has been entered into before the beginning of such month1 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #dca4 ,one-time election for qualified charitable distribution to split-interest entity2 increase in qualified charitable distribution limitation 7a7 ,one-,time election for qualified charitable distribution to split-,interest entity ,section #djh7;d77#h7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,f7 ,one-time election for qualified charitable distribution to split-interest entity 7i7 ,in general ,a taxpayer may for a taxable year elect under this subparagraph to treat as meeting the requirement of subparagraph 7,b77i7 any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity1 but only if-- 7,i7 an election is not in effect under this subparagraph for a preceding taxable year1 7,,ii7 the aggregate amount of distributions of the taxpayer with respect to which an election under this subparagraph is made does not exceed #ej1jjj1 and 7,,iii7 such distribution meets the requirements of clauses 7iii7 and 7iv74 7ii7 ,split-interest entity ,for purposes of this subparagraph1 the term split-interest entity means-- 7,i7 a charitable remainder annuity trust 7as defined in section #ffd7;d77#a771 but only if such trust is funded exclusively by qualified charitable distributions1 7,,ii7 a charitable remainder unitrust 7as defined in section #ffd7;d77#b771 but only if such unitrust is funded exclusively by qualified charitable distributions1 or 7,,iii7 a charitable gift annuity 7as defined in section #eja7m77#e771 but only if such annuity is funded exclusively by qualified charitable distributions and commences fixed payments of #e percent or greater not later than #a year from the date of funding4 7iii7 ,contributions must be otherwise deductible ,a distribution meets the requirement of this clause only if-- 7,i7 in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust1 a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section #agj 7determined without regard to subsection 7b7 thereof and this paragraph71 and 7,,ii7 in the case of a charitable gift annuity1 a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section #eja7m77#e77;,b7 would be allowable under section #agj 7determined without regard to subsection 7b7 thereof and this paragraph74 7iv7 ,limitation on income interests ,a distribution meets the requirements of this clause only if-- 7,i7 no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained1 the spouse of such individual1 or both1 and 7,,ii7 the income interest in the split-interest entity is nonassignable4 7v7 ,special rules 7,i7 ,charitable remainder trusts ,notwithstanding section #ffd7;b71 distributions made from a trust described in subclause 7,i7 or 7,,ii7 of clause 7ii7 shall be treated as ordinary income in the hands of the beneficiary to whom the annuity described in section #ffd7;d77#a77;,a7 or the payment described in section #ffd7;d77#b77;,a7 is paid4 7,,ii7 ,charitable gift annuities ,qualified charitable distributions made to fund a charitable gift annuity shall not be treated as an investment in the contract for purposes of section #gb7;c74 4 7b7 ,inflation adjustment ,section #djh7;d77#h7 of such ,code1 as amended by subsection 7a71 is amended by adding at the end the following new subparagraph3 7,g7 ,inflation adjustment 7i7 ,in general ,in the case of any taxable year beginning after #bjbb1 each of the dollar amounts in subparagraphs 7,a7 and 7,f7 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 year in which the taxable year begins1 determined by substituting calendar year #bjba for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7ii7 ,rounding ,if any dollar amount increased under clause 7i7 is not a multiple of #a1jjj1 such dollar amount shall be rounded to the nearest multiple of #a1jjj4 4 7c7 ,effective date ,the amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this ,act4 #dcb4 ,distributions to firefighters 7a7 ,in general ,subparagraph 7,a7 of section #gb7t77#aj7 of the ,internal ,revenue ,code of #aihf is amended by striking #dad7;d77 and inserting #dad7;d77 or a distribution from a plan described in clause 7iii71 7iv71 or 7vi7 of section #djb7;c77#h77;,b7 to an employee who provides firefighting services4 7b7 ,conforming amendment ,the heading of paragraph 7#aj7 of section #gb7t7 of such ,code is amended by striking in governmental plans and inserting and private sector firefighters4 7c7 ,effective date ,the amendments made by this section shall apply to distributions made after ,december #ca1 #bjbd4 #dcc4 ,exclusion of certain disability-related first responder retirement payments 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,b the following new section3 #aci;,c4 ,certain disability-related first responder retirement payments 7a7 ,in general ,in the case of an individual who receives qualified first responder retirement payments for any taxable year1 gross income shall not include so much of such payments as do not exceed the annualized excludable disability amount with respect to such individual4 7b7 ,qualified first responder retirement payments ,for purposes of this section1 the term qualified first responder retirement payments means1 with respect to any taxable year1 any pension or annuity which but for this section would be includible in gross income for such taxable year and which is received-- 7#a7 from a plan described in clause 7iii71 7iv71 7v71 or 7vi7 of section #djb7;c77#h77;,b71 and 7#b7 in connection with such individual's qualified first responder service4 7c7 ,annualized excludable disability amount ,for purposes of this section-- 7#a7 ,in general ,the term annualized excludable disability amount means1 with respect to any individual1 the service-connected excludable disability amounts which are properly attributable to the #ab-month period immediately preceding the date on which such individual attains retirement age4 7#b7 ,service-connected excludable disability amount ,the term service-connected excludable disability amount means periodic payments received by an individual which-- 7,a7 are not includible in such individual's gross income under section #ajd7;a77#a71 7,b7 are received in connection with such individual's qualified first responder service1 and 7,c7 terminate when such individual attains retirement age4 7#c7 ,special rule for partial-year payments ,in the case of an individual who only receives service-connected excludable disability amounts properly attributable to a portion of the #ab-month period described in paragraph 7#a71 such paragraph shall be applied by multiplying such amounts by the ratio of #cfe to the number of days in such period to which such amounts were properly attributable4 7d7 ,qualified first responder service ,for purposes of this section1 the term qualified first responder service means service as a law enforcement officer1 firefighter1 paramedic1 or emergency medical technician4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,b the following new item3 ,sec4 #aci;,c4 ,certain disability-related first responder retirement payments4 4 7c7 ,effective date ,the amendments made by this section shall apply to amounts received with respect to taxable years beginning after ,december #ca1 #bjbi4 #dcd4 ,individual retirement plan statute of limitations for excise tax on excess contributions and certain accumulations ,section #feja7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,individual retirement plans 7,a7 ,in general ,for purposes of any tax imposed by section #digc or #digd in connection with an individual retirement plan1 the return referred to in this section shall be the income tax return filed by the person on whom the tax under such section is imposed for the year in which the act 7or failure to act7 giving rise to the liability for such tax occurred4 7,b7 ,rule in case of individuals not required to file return ,in the case of a person who is not required to file an income tax return for such year-- 7i7 the return referred to in this section shall be the income tax return that such person would have been required to file but for the fact that such person was not required to file such return1 and 7ii7 the #c-year period referred to in subsection 7a7 with respect to the return shall be deemed to begin on the date by which the return would have been required to be filed 7excluding any extension thereof74 4 #dce4 ,requirement to provide paper statements in certain cases 7a7 ,in general ,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 subparagraph 7,a77iv71 by inserting subject to subparagraph 7,e71 before may be delivered2 and 7#b7 by adding at the end the following3 7,e7 ,provision of paper statements ,with respect to at least #a pension benefit statement furnished for a calendar year with respect to an individual account plan under paragraph 7#a77;,a71 and with respect to at least #a pension benefit statement furnished every #c calendar years with respect to a defined benefit plan under paragraph 7#a77;,b71 such statement shall be furnished on paper in written form except-- 7i7 in the case of a plan that furnishes such statement in accordance with section #bebj4ajd;b-#a7;c7 of title #bi1 ,code of ,federal ,regulations2 or 7ii7 in the case of a plan that permits a participant or beneficiary to request that the statements referred to in the matter preceding clause 7i7 be furnished by electronic delivery1 if the participant or beneficiary requests that such statements be delivered electronically and the statements are so delivered4 4 7b7 ,implementation 7#a7 ,in general ,the ,secretary of ,labor shall1 not later than ,december #ca1 #bjbd1 update section #bebj4ajd;b-#a7;c7 of title #bi1 ,code of ,federal ,regulations1 to provide that a plan may furnish the statements referred to in subparagraph 7,e7 of section #aje7;a77#b7 by electronic delivery only if1 in addition to meeting the other requirements under the regulations-- 7,a7 such plan furnishes each participant or beneficiary1 including participants described in subparagraph 7,b71 a one-time initial notice on paper in written form1 prior to the electronic delivery of any pension benefit statement1 of their right to request that all documents required to be disclosed under title ,i of the ,employee ,retirement ,income ,security ,act of #aigd be furnished on paper in written form2 and 7,b7 such plan furnishes each participant who is separated from service with at least #a pension benefit statement on paper in written form for each calendar year1 unless1 on election of the participant1 the participant receives such statements electronically4 7#b7 ,other guidance ,in implementing the amendment made by subsection 7a7 with respect to a plan that discloses required documents or statements electronically1 in accordance with applicable guidance governing electronic disclosure by the ,department of ,labor 7with the exception of section #bebj4ajd;b-#a7;c7 of title #bi1 ,code of ,federal ,regulations71 the ,secretary of ,labor shall1 not later than ,december #ca1 #bjbd1 update such guidance to the extent necessary to ensure that-- 7,a7 a participant or beneficiary under such a plan is permitted the opportunity to request that any disclosure required to be delivered on paper under applicable guidance by the ,department of ,labor shall be furnished by electronic delivery2 7,b7 each paper statement furnished under such a plan pursuant to the amendment shall include-- 7i7 an explanation of how to request that all such statements1 and any other document required to be disclosed under title ,i of the ,employee ,retirement ,income ,security ,act of #aigd1 be furnished by electronic delivery2 and 7ii7 contact information for the plan sponsor1 including a telephone number2 7,c7 the plan may not charge any fee to a participant or beneficiary for the delivery of any paper statements2 7,d7 each paper pension benefit statement shall identify each plan document required to be disclosed and shall include information about how a participant or beneficiary may access each such document2 7,e7 each document required to be disclosed that is furnished by electronic delivery under such a plan shall include an explanation of how to request that all such documents be furnished on paper in written form2 and 7,f7 a plan is permitted to furnish a duplicate electronic statement in any case in which the plan furnishes a paper pension benefit statement4 7c7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to plan years beginning after ,december #ca1 #bjbe4 #dcf4 ,separate application of top heavy rules to defined contribution plans covering excludible employees 7a7 ,in general ,section #daf7;c77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7,c7 ,separate application to employees not meeting age and service requirements ,if employees not meeting the age or service requirements of section #daj7;a77#a7 7without regard to subparagraph 7,b7 thereof7 are covered under a plan of the employer which meets the requirements of subparagraphs 7,a7 and 7,b7 separately with respect to such employees1 such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs 7,a7 and 7,b74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to plan years beginning after the date of the enactment of this ,act4 #dcg4 ,repayment of qualified birth or adoption distribution limited to #c years 7a7 ,in general ,section #gb7t77#b77;,h77v77,i7 of the ,internal ,revenue ,code of #aihf is amended by striking may make and inserting may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 make4 7b7 ,effective date ,the amendment made by this section shall take effect as if included in the enactment of section #aac of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai4 #dch4 ,employer may rely on employee certifying that deemed hardship distribution conditions are met 7a7 ,cash or deferred arrangements ,section #dja7k77#ad7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,c7 ,employee certification ,in determining whether a distribution is upon the hardship of an employee1 the administrator of the plan may rely on a certification by the employee that the distribution is on account of a financial need of a type that is deemed in regulations prescribed by the ,secretary to be an immediate and heavy financial need and that such distribution is not in excess of the amount required to satisfy such financial need4 4 7b7 #djc7;b7 plans 7#a7 ,custodial accounts ,section #djc7;b77#g7 of such ,code is amended by adding at the end the following new subparagraph3 7,d7 ,employee certification ,in determining whether a distribution is upon the financial hardship of an employee1 the administrator of the plan may rely on a certification by the employee that the distribution is on account of a financial need of a type that is deemed in regulations prescribed by the ,secretary to be an immediate and heavy financial need and that such distribution is not in excess of the amount required to satisfy such financial need4 4 7#b7 ,annuity contracts ,section #djc7;b77#aa7 of such ,code is amended by adding at the end the following3 ,in determining whether a distribution is upon hardship of an employee1 the administrator of the plan may rely on a certification by the employee that the distribution is on account of a financial need of a type that is deemed in regulations prescribed by the ,secretary to be an immediate and heavy financial need and that such distribution is not in excess of the amount required to satisfy such financial need44 7c7 #deg7;b7 plan ,section #deg7;d7 of such ,code is amended by adding at the end the following new paragraph3 7#d7 ,participant certification ,in determining whether a distribution to a participant is made when the participant is faced with an unforeseeable emergency1 the administrator of a plan maintained by an eligible employer described in subsection 7e77#a77;,a7 may rely on a certification by the participant that the distribution is made when the participant is faced with unforeseeable emergency of a type that is described in regulations prescribed by the ,secretary as an unforeseeable emergency and that the distribution is not in excess of the amount reasonably necessary to satisfy the emergency need4 4 7d7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 #dci4 ,penalty-free withdrawals from retirement plans for individuals in case of domestic abuse 7a7 ,in general ,section #gb7t77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,i7 ,distributions from retirement plans in case of domestic abuse 7i7 ,in general ,any eligible distribution to a domestic abuse victim4 7ii7 ,limitation ,the aggregate amount which may be treated as an eligible distribution to a domestic abuse victim by any individual shall not exceed an amount equal to the lesser of-- 7,i7 #aj1jjj1 or 7,,ii7 #ej percent of the present value of the nonforfeitable accrued benefit of the employee under the plan4 7iii7 ,eligible distribution to a domestic abuse victim ,for purposes of this subparagraph-- 7,i7 ,in general ,a distribution shall be treated as an eligible distribution to a domestic abuse victim if such distribution is from an applicable eligible retirement plan to an individual and made during the #a-year period beginning on any date on which the individual is a victim of domestic abuse by a spouse or domestic partner4 7,,ii7 ,domestic abuse ,the term domestic abuse means physical1 psychological1 sexual1 emotional1 or economic abuse1 including efforts to control1 isolate1 humiliate1 or intimidate the victim1 or to undermine the victim's ability to reason independently1 including by means of abuse of the victim's child or another family member living in the household4 7iv7 ,treatment of plan distributions 7,i7 ,in general ,if a distribution to an individual would 7without regard to clause 7ii77 be an eligible distribution to a domestic abuse victim1 a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the distribution as an eligible distribution to a domestic abuse victim1 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 the limitation under clause 7ii74 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 distribution described in clause 7i7 may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 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 iras ,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 eligible distributions to a domestic abuse victim 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 iras ,if a contribution is made under subclause 7,i7 with respect to an eligible distribution to a domestic abuse victim 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 iras ,if a contribution is made under subclause 7,i7 with respect to an eligible distribution to a domestic abuse victim 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 subparagraph3 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 an eligible distribution to a domestic abuse victim shall not be treated as an eligible rollover distribution4 7,,iii7 ,distributions treated as meeting plan distribution requirements2 self-certification ,any distribution which the employee or participant certifies as being an eligible distribution to a domestic abuse victim shall be treated as meeting the requirements of sections #dja7k77#b77;,b77i71 #djc7;b77#g77;,a77i71 #djc7;b77#aa71 and #deg7;d77#a77;,a74 4 7b7 ,effective date ,the amendments made by this section shall apply to distributions made after the date of the enactment of this ,act4 #ddj4 ,reform of family attribution rules 7a7 ,controlled groups ,section #dad7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,for purposes of and inserting the following3 7#a7 ,in general ,for purposes of 1 and 7#b7 by adding at the end the following new paragraphs3 7#b7 ,special rules for applying family attribution ,for purposes of applying the attribution rules under section #aefc with respect to paragraph 7#a71 the following rules apply3 7,a7 ,community property laws shall be disregarded for purposes of determining ownership4 7,b7 ,except as provided by the ,secretary1 stock of an individual not attributed under section #aefc7;e77#e7 to such individual's spouse shall not be attributed to such spouse by reason of section #aefc7;e77#f77;,a74 7,c7 ,except as provided by the ,secretary1 in the case of stock in different corporations that is attributed to a child under section #aefc7;e77#f77;,a7 from each parent1 and is not attributed to such parents as spouses under section #aefc7;e77#e71 such attribution to the child shall not by itself result in such corporations being members of the same controlled group4 7#c7 ,plan shall not fail to be treated as satisfying this section ,if the application of paragraph 7#b7 causes two or more entities to be a controlled group1 or to no longer be in a controlled group1 such change shall be treated as a transaction to which section #daj7;b77#f77;,c7 applies4 4 7b7 ,affiliated service groups ,section #dad7m77#f77;,b7 of such ,code is amended-- 7#a7 by striking ,ownership4--,in determining and inserting the following3 ,ownership4-- 7i7 ,in general ,in determining 2 and 7#b7 by adding at the end the following new clauses3 7ii7 ,special rules for applying family attribution ,for purposes of applying the attribution rules under section #cah with respect to clause 7i71 the following rules apply3 7,i7 ,community property laws shall be disregarded for purposes of determining ownership4 7,,ii7 ,except as provided by the ,secretary1 stock of an individual not attributed under section #cah7;a77#a77;,a77i7 to such individual's spouse shall not be attributed by reason of section #cah7;a77#a77;,a77ii7 to such spouse from a child who has not attained the age of #ba years4 7,,iii7 ,except as provided by the ,secretary1 in the case of stock in different corporations that is attributed under section #cah7;a77#a77;,a77ii7 to a child who has not attained the age of #ba years from each parent1 and is not attributed to such parents as spouses under section #cah7;a77#a77;,a77i71 such attribution to the child shall not by itself result in such corporations being members of the same affiliated service group4 7iii7 ,plan shall not fail to be treated as satisfying this section ,if the application of clause 7ii7 causes two or more entities to be an affiliated service group1 or to no longer be in an affiliated service group1 such change shall be treated as a transaction to which section #daj7;b77#f77;,c7 applies4 4 7c7 ,effective date ,the amendments made by this section shall apply to plan years beginning on or after the date of the enactment of this ,act4 #dda4 ,amendments to increase benefit accruals under plan for previous plan year allowed until employer tax return due date 7a7 ,in general ,section #dja7;b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#c7 ,retroactive plan amendments that increase benefit accruals ,if-- 7,a7 an employer amends a stock bonus1 pension1 profit-sharing1 or annuity plan to increase benefits accrued under the plan effective for the preceding plan year 7other than increasing the amount of matching contributions 7as defined in subsection 7m77#d77;,a7771 7,b7 such amendment would not otherwise cause the plan to fail to meet any of the requirements of this subchapter1 and 7,c7 such amendment is adopted before the time prescribed by law for filing the return of the employer for a taxable year 7including extensions thereof7 during which such amendment is effective1 the employer may elect to treat such amendment as having been adopted as of the last day of the plan year in which the amendment is effective4 4 7b7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbe4 #ddb4 ,retroactive first year elective deferrals for sole proprietors 7a7 ,in general ,section #dja7;b77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,in the case of an individual who owns the entire interest in an unincorporated trade or business1 and who is the only employee of such trade or business1 any elective deferrals 7as defined in section #djb7;g77#c77 under a qualified cash or deferred arrangement to which the preceding sentence applies1 which are made by such individual before the time for filing the return of such individual for the taxable year 7determined without regard to any extensions7 ending after or with the end of the plan's first plan year1 shall be treated as having been made before the end of such first plan year44 7b7 ,effective date ,the amendment made by this section shall apply to plan years beginning after the date of the enactment of this ,act4 #ddc4 ,limiting cessation of ira treatment to portion of account involved in a prohibited transaction 7a7 ,in general ,section #djh7;e77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking such account ceases to be an individual retirement account and inserting the following3 the amount involved 7as defined in section #dige7;f77#d77 in such transaction shall be treated as distributed to the individual4 7b7 ,conforming amendments 7#a7 ,section #djh7;e77#b77;,b7 of such ,code is amended to read as follows3 7,b7 ,account treated as distributing potion of assets used in prohibited transaction ,in any case in which a portion of an individual retirement account is treated as distributed under subparagraph 7,a7 as of the first day of any taxable year1 paragraph 7#a7 of subsection 7d7 applies as if there were a distribution on such first day in an amount equal to the fair market value of such portion1 determined as of the date on which the transaction prohibited by section #dige occurs4 4 7,a7 by striking all its assets4--,in any case and all that follows through by reason of subparagraph 7,a7 and inserting the following3 portion of assets used in prohibited transaction4--,in any case in which a portion of an individual retirement account is treated as distributed under subparagraph 7,a72 and 7,b7 by striking all assets in the account and inserting such portion4 7#b7 ,section #dige7;c77#c7 of such ,code is amended by striking the account ceases and all that follows and inserting the following3 the portion of the account used in the transaction is treated as distributed under paragraph 7#b77;,a7 or 7#d7 of section #djh7;e744 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #ddd4 ,review of pension risk transfer interpretive bulletin ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall-- 7#a7 review section #beji4ie-a of title #bi1 ,code of ,federal ,regulations 7relating to the fiduciary standards under the ,employee ,retirement ,income ,security ,act of #aigd when selecting an annuity provider for a defined benefit pension plan7 to determine whether amendments to such section are warranted2 and 7#b7 report to ,congress on the findings of such review1 including an assessment of any risk to participants4 #dde4 ,amendments relating to setting every community up for retirement enhancement act of #bjai 7a7 ,technical amendments 7#a7 ,amendments relating to section #ajc 7,a7 ,section #dja7k77#ab77;,g7 of the ,internal ,revenue ,code of #aihf is amended by striking the requirements under subparagraph 7,a77i7 and inserting the contribution requirements under subparagraph 7,b7 or 7,c74 7,b7 ,section #dja7k77#ac77;,d77iv7 of such ,code is amended by striking and 7,f7 and inserting and 7,g74 7,c7 ,section #dja7m77#ab7 of such ,code is amended by striking and at the end of subparagraph 7,a71 by redesignating subparagraph 7,b7 as subparagraph 7,c71 and by inserting after subparagraph 7,a7 7as so amended7 the following new subparagraph3 7,b7 meets the notice requirements of subsection 7k77#ac77;,e71 and 4 7#b7 ,amendment relating to section #aab ,section #dja7k77#ae77;,b77i77,,ii7 of such ,code is amended by striking subsection 7m77#b7 and inserting paragraphs 7#b71 7#aa71 and 7#ab7 of subsection 7m74 7#c7 ,amendment relating to section #aad ,section #dja7;a77#i77;,c77iii7 of such ,code is amended by striking employee to whom clause 7i77,,ii7 applies and inserting employee 7other than an employee to whom clause 7i77,,ii7 does not apply by reason of clause 7ii774 7#d7 ,amendment relating to section #aaf ,section #digc7;b7 of such ,code is amended by adding at the end of the flush matter the following3 ,such term shall not include any designated nondeductible contribution 7as defined in subparagraph 7,c7 of section #djh7o77#b77 which does not exceed the nondeductible limit under subparagraph 7,b7 thereof by reason of an election under section #djh7o77#e744 7#e7 ,effective date ,the amendments made by this subsection shall take effect as if included in the section of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai to which the amendment relates4 7b7 ,clerical amendments 7#a7 ,section #djh7o77#e77;,a7 of such ,code is amended by striking subsection 7b7 and inserting section #bai7;b74 7#b7 ,section #gb7t77#b77;,h77vi77,,iv7 of such ,code is amended by striking #djc7;b77#g77;,a77ii7 and inserting #djc7;b77#g77;,a77i74 #ddf4 ,provisions relating to plan amendments 7a7 ,in general ,if this section applies to any retirement plan or contract amendment-- 7#a7 such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection 7b77#b77;,a72 and 7#b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 such retirement plan shall not fail to meet the requirements of section #daa7;d77#f7 of the ,internal ,revenue ,code of #aihf and section #bjd7;g7 of the ,employee ,retirement ,income ,security ,act of #aigd by reason of such amendment4 7b7 ,amendments to which section applies 7#a7 ,in general ,this section shall apply to any amendment to any retirement plan or annuity contract which is made-- 7,a7 pursuant to any amendment made by this ,act or pursuant to any regulation issued by the ,secretary of the ,treasury or the ,secretary of ,labor 7or a delegate of either such ,secretary7 under this ,act2 and 7,b7 on or before the last day of the first plan year beginning on or after ,january #a1 #bjbf1 or such later date as the ,secretary of the ,treasury may prescribe4 ,in the case of a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf71 or an applicable collectively bargained plan1 this paragraph shall be applied by substituting #bjbh for #bjbf4 ,for purposes of the preceding sentence1 the term applicable collectively bargained plan means a plan maintained pursuant to #a or more collective bargaining agreements between employee representatives and #a or more employers ratified before the date of enactment of this ,act4 7#b7 ,conditions ,this section shall not apply to any amendment unless-- 7,a7 during the period-- 7i7 beginning on the date the legislative or regulatory amendment described in paragraph 7#a77;,a7 takes effect 7or in the case of a plan or contract amendment not required by such legislative or regulatory amendment1 the effective date specified by the plan72 and 7ii7 ending on the date described in paragraph 7#a77;,b7 7as modified by the second sentence of paragraph 7#a77 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 effect2 and 7,b7 such plan or contract amendment applies retroactively for such period4 7c7 ,coordination with other provisions relating to plan amendments 7#a7 ,secure act ,section #fja7;b77#a7 of the ,setting ,every ,community ,up for ,retirement ,enhancement ,act of #bjai is amended-- 7,a7 by striking ,january #a1 #bjbb in subparagraph 7,b7 and inserting ,january #a1 #bjbd1 and 7,b7 by striking substituting #bjbd for #bjbb4 in the flush matter at the end and inserting substituting #bjbf for #bjbd44 7#b7 ,cares act 7,a7 ,special rules for use of retirement funds ,section #bbjb7;c77#b77;,a7 of the ,,cares ,act is amended by striking ,january #a1 #bjbb in clause 7ii7 and inserting ,january #a1 #bjbf4 7,b7 ,temporary waiver of required minimum distributions rules for certain retirement plans and accounts ,section #bbjc7;c77#b77;,b77i7 of the ,,cares ,act is amended-- 7i7 by striking ,january #a1 #bjbb in subclause 7,,ii7 and inserting ,january #a1 #bjbf1 and 7ii7 by striking substituting #bjbd for #bjbb4 in the flush matter at the end and inserting substituting #bjbh for #bjbd44 7,c7 ,taxpayer certainty and disaster tax relief act of #bjbj ,section #cjb7;d77#b77;,a7 of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj is amended by striking ,january #a1 #bjbb in clause 7ii7 and inserting ,january #a1 #bjbf4 #ddg4 ,simple and sep roth iras 7a7 ,in general ,section #djh;,a of the ,internal ,revenue ,code of #aihf is amended by striking subsection 7f74 7b7 ,rules relating to simplified employee pensions 7#a7 ,contributions ,section #djb7;h77#a7 of such ,code 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 adding at the end the following new subparagraph3 7,c7 in the case of any contributions pursuant to a simplified employer pension which are made to an individual retirement plan designated as a ,roth ,,ira1 such contribution shall not be excludable from gross income4 4 7#b7 ,distributions ,section #djb7;h77#c7 of such ,code is amended by inserting 1 or section #djh;,a7d7 in the case of an individual retirement plan designated as a ,roth ,,ira before the period at the end4 7#c7 ,election required ,section #djh7k7 of such ,code is amended by redesignating paragraphs 7#g71 7#h71 and 7#i7 as paragraphs 7#h71 7#i71 and 7#aj71 respectively1 and by inserting the after paragraph 7#f7 the following new paragraph3 7#g7 ,roth contribution election ,an individual retirement plan which is designated as a ,roth ,,ira shall not be treated as a simplified employee pension under this subsection unless the employee elects for such plan to be so treated 7at such time and in such manner as the ,secretary may provide74 4 7c7 ,rules relating to simple retirement accounts 7#a7 ,election required ,section #djh7p7 of such ,code is amended by adding at the end the following new paragraph3 7#aa7 ,roth contribution election ,an individual retirement plan which is designated as a ,roth ,,ira shall not be treated as a simple retirement account under this subsection unless the employee elects for such plan to be so treated 7at such time and in such manner as the ,secretary may provide74 4 7#b7 ,rollovers ,section #djh;,a7e7 of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,simple retirement accounts ,in the case of any payment or distribution out of a simple retirement account 7as defined in section #djh7p77 with respect to which an election has been made under section #djh7p77#aa7 and to which #gb7t77#f7 applies1 the term qualified rollover contribution shall not include any payment or distribution paid into an account other than another simple retirement account 7as so defined74 4 7d7 ,coordination with roth contribution limitation ,section #djh;,a7c7 of such ,code is amended by adding at the end the following new paragraph3 7#g7 ,coordination with limitation for simple retirement plans and seps ,in the case of an individual on whose behalf contributions are made to a simple retirement account or a simplified employee pension1 the amount described in paragraph 7#b77;,a7 shall be increased by an amount equal to the contributions made on the individual's behalf to such account or pension for the taxable year1 but only to the extent such contributions-- 7,a7 in the case of a simplified retirement account-- 7i7 do not exceed the sum of the dollar amount in effect for the taxable year under section #djh7p77#b77;,a77ii7 and the employer contribution required under subparagraph 7,a77iii7 or 7,b77i71 as the case may be1 of section #djh7p77#b71 and 7ii7 do not cause the elective deferrals 7as defined in section #djb7;g77#c77 on behalf of such individual to exceed the limitation under section #djb7;g77#a7 7taking into account any additional elective deferrals permitted under section #dad7v771 or 7,b7 in the case of a simplified employee pension1 do not exceed the limitation in effect under section #djh7;j74 4 7e7 ,conforming amendment ,section #djh;,a7d77#b77;,b7 of such ,code is amended by inserting 1 or employer in the case of a simple retirement account 7as defined in section #djh7p77 or simplified employee pension 7as defined in section #djh7k771 after individual's spouse4 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbd4 #ddh4 ,hardship withdrawal rules for #djc7;b7 plans 7a7 ,in general ,section #djc7;b7 of the ,internal ,revenue ,code of #aihf1 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#af7 ,special rules relating to hardship withdrawals ,for purposes of paragraphs 7#g7 and 7#aa7-- 7,a7 ,amounts which may be withdrawn ,the following amounts may be distributed upon hardship of the employee3 7i7 ,contributions made pursuant to a salary reduction agreement 7within the meaning of section #caba7;a77#e77;,d774 7ii7 ,qualified nonelective contributions 7as defined in section #dja7m77#d77;,c774 7iii7 ,qualified matching contributions described in section #dja7k77#c77;,d77ii77,i74 7iv7 ,earnings on any contributions described in clause 7i71 7ii71 or 7iii74 7,b7 ,no requirement to take available loan ,a distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan4 4 7b7 ,conforming amendments 7#a7 ,section #djc7;b77#g77;,a77i77,v7 of such ,code is amended by striking in the case of contributions made pursuant to a salary reduction agreement 7within the meaning of section #caba7;a77#e77;,d77 and inserting subject to the provisions of paragraph 7#af74 7#b7 ,paragraph 7#aa7 of section #djc7;b7 of such ,code1 as amended by the preceding provisions of this ,act1 is amended-- 7,a7 by striking in in subparagraph 7,b7 and inserting subject to the provisions of paragraph 7#af71 in1 and 7,b7 by striking the penultimate sentence4 7c7 ,effective date ,the amendments made by this section shall apply to plan years beginning after ,december #ca1 #bjbd4 #ddi4 ,elective deferrals generally limited to regular contribution limit 7a7 ,applicable employer plans ,section #dad7v77#a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,except in the case of an applicable employer plan described in paragraph 7#f77;,a77iv71 the preceding sentence shall only apply if contributions are designated ,roth contributions 7as defined in section #djb;,a7c77#a7744 7b7 ,conforming amendments 7#a7 ,section #djb7;g77#a7 of such ,code is amended by striking subparagraph 7,c74 7#b7 ,section #deg7;e77#ah77;,a77ii7 of such ,code is amended by inserting the lesser of any designated ,roth contributions made by the participant to the plan or before the applicable dollar amount4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbd4 #dej4 ,optional treatment of employer matching contributions as roth contributions 7a7 ,in general ,section #djb;,a7a7 of the ,internal ,revenue ,code of #aihf is amended by redesignating paragraph 7#b7 as paragraph 7#c71 by striking and at the end of paragraph 7#a71 and by inserting after paragraph 7#a7 the following new paragraph3 7#b7 any designated ,roth contribution which is made by the employer to the program on the employee's behalf1 and on account of the employee's contribution1 elective deferral1 or 7subject to the requirements of section #dja7m77#ac77 qualified student loan payment1 shall be treated as a matching contribution for purposes of this chapter1 except that such contribution shall not be excludable from gross income1 and 4 7b7 ,matching included in qualified roth contribution program ,section #djb;,a7b77#a7 of such ,code is amended-- 7#a7 by inserting 1 or to have made on the employee's behalf1 after elect to make1 and 7#b7 by inserting 1 or of matching contributions which may otherwise be made on the employee's behalf1 after otherwise eligible to make4 7c7 ,designated roth matching contributions ,section #djb;,a7c77#a7 of such ,code is amended by inserting or matching contribution after elective deferral4 7d7 ,matching contribution defined ,section #djb;,a7e7 of such ,code is amended by adding at the end the following3 7#c7 ,matching contribution ,the term matching contribution means-- 7,a7 any matching contribution described in section #dja7m77#d77;,a71 and 7,b7 any contribution to an eligible deferred compensation plan 7as defined in section #deg7;b77 by an eligible employer described in section #deg7;e77#a77;,a7 on behalf of an employee and on account of such employee's elective deferral under such plan4 4 7e7 ,effective date ,the amendments made by this section shall apply to contributions made after the date of the enactment of this ,act4 ,v #eja4 ,boots to business program ,section #cb of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;b7 is amended by adding at the end the following3 7h7 ,boots to business program 7#a7 ,covered individual defined ,in this subsection1 the term covered individual means-- 7,a7 a member of the ,armed ,forces1 including the ,national ,guard or ,reserves2 7,b7 an individual who is participating in the ,transition ,assistance ,program established under section #aadd of title #aj1 ,united ,states ,code2 7,c7 an individual who-- 7i7 served on active duty in any branch of the ,armed ,forces1 including the ,national ,guard or ,reserves2 and 7ii7 was discharged or released from such service under conditions other than dishonorable2 and 7,d7 a spouse or dependent of an individual described in subparagraph 7,a71 7,b71 or 7,c74 7#b7 ,establishment ,during the period beginning on the date of enactment of this subsection and ending on ,september #cj1 #bjbh1 the ,administrator shall carry out a program to be known as the ,boots to ,business ,program to provide entrepreneurship training to covered individuals4 7#c7 ,goals ,the goals of the ,boots to ,business ,program are to-- 7,a7 provide assistance and in-depth training to covered individuals interested in business ownership2 and 7,b7 provide covered individuals with the tools1 skills1 and knowledge necessary to identify a business opportunity1 draft a business plan1 identify sources of capital1 connect with local resources for small business concerns1 and start up a small business concern4 7#d7 ,program components 7,a7 ,in general ,the ,boots to ,business ,program may include-- 7i7 a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern2 7ii7 an online1 self-study course focused on the basic skills of entrepreneurship1 the language of business1 and the considerations involved in self-employment and ownership of a small business concern2 7iii7 an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern2 and 7iv7 in-depth training delivered through online instruction1 including an online course that leads to the creation of a business plan4 7,b7 ,collaboration ,the ,administrator may-- 7i7 collaborate with public and private entities to develop course curricula for the ,boots to ,business ,program2 and 7ii7 modify program components in coordination with entities participating in a ,warriors in ,transition program1 as defined in section #gch7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7#aj ,u4,s4,c4 #ajga note74 7,c7 ,use of resource partners and district offices 7i7 ,in general ,the ,administrator shall-- 7,i7 ensure that ,veteran ,business ,outreach ,centers regularly participate1 on a nationwide basis1 in the ,boots to ,business ,program2 and 7,,ii7 to the maximum extent practicable1 use district offices of the ,administration and a variety of other resource partners and entities in administering the ,boots to ,business ,program4 7ii7 ,grant authority ,in carrying out clause 7i71 the ,administrator may make grants1 subject to the availability of appropriations in advance1 to ,veteran ,business ,outreach ,centers1 other resource partners1 or other entities to carry out components of the ,boots to ,business ,program4 7,d7 ,availability to department of defense and the department of labor ,the ,administrator shall make available to the ,secretary of ,defense and the ,secretary of ,labor information regarding the ,boots to ,business ,program1 including all course materials and outreach materials related to the ,boots to ,business ,program1 for inclusion on the websites of the ,department of ,defense and the ,department of ,labor relating to the ,transition ,assistance ,program1 in the ,transition ,assistance ,program manual1 and in other relevant materials available for distribution from the ,secretary of ,defense and the ,secretary of ,labor4 7,e7 ,availability to department of veterans affairs ,in consultation with the ,secretary of ,veterans ,affairs1 the ,administrator shall make available for distribution and display on the website of the ,department of ,veterans ,affairs and at local facilities of the ,department of ,veterans ,affairs outreach materials regarding the ,boots to ,business ,program1 which shall1 at a minimum-- 7i7 describe the ,boots to ,business ,program and the services provided2 and 7ii7 include eligibility requirements for participating in the ,boots to ,business ,program4 7,f7 ,availability to other participating agencies ,the ,administrator shall ensure information regarding the ,boots to ,business program1 including all course materials and outreach materials related to the ,boots to ,business ,program1 is made available to other participating agencies in the ,transition ,assistance ,program and upon request of other agencies4 7#e7 ,competitive bidding procedures ,the ,administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the ,administration under the ,boots to ,business ,program4 7#f7 ,publication of notice of funding opportunity ,not later than #cj days before the deadline for submitting applications for any funding opportunity under the ,boots to ,business ,program1 the ,administration shall publish a notice of the funding opportunity4 7#g7 ,report ,not later than #ahj days after the date of enactment of this subsection1 and not less frequently than annually thereafter1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report on the performance and effectiveness of the ,boots to ,business ,program1 which-- 7,a7 may be included as part of another report submitted to such committees by the ,administrator related to the ,office of ,veterans ,business ,development2 and 7,b7 shall summarize available information relating to-- 7i7 grants awarded under paragraph 7#d77;,c72 7ii7 the total cost of the ,boots to ,business ,program2 7iii7 the number of program participants using each component of the ,boots to ,business ,program2 7iv7 the completion rates for each component of the ,boots to ,business ,program2 7v7 to the extent possible-- 7,i7 the demographics of program participants1 to include gender1 age1 race1 ethnicity1 and relationship to military2 7,,ii7 the number of program participants that connect with a district office of the ,administration1 a ,veteran ,business ,outreach ,center1 or another resource partner of the ,administration2 7,,iii7 the number of program participants that start a small business concern2 7,,iv7 the results of the ,boots to ,business and ,boots to ,business ,reboot course quality surveys conducted by the ,office of ,veterans ,business ,development before and after attending each of those courses1 including a summary of any comments received from program participants2 7,v7 the results of the ,boots to ,business ,program outcome surveys conducted by the ,office of ,veterans ,business ,development1 including a summary of any comments received from program participants2 and 7,,vi7 the results of other germane participant satisfaction surveys2 7,c7 an evaluation of the overall effectiveness of the ,boots to ,business ,program based on each geographic region covered by the ,administration during the most recent fiscal year2 7,d7 an assessment of additional performance outcome measures for the ,boots to ,business ,program1 as identified by the ,administrator2 7,e7 any recommendations of the ,administrator for improvement of the ,boots to ,business ,program1 which may include expansion of the types of individuals who are covered individuals2 7,f7 an explanation of how the ,boots to ,business ,program has been integrated with other transition programs and related resources of the ,administration and other ,federal agencies2 and 7,g7 any additional information the ,administrator determines necessary4 4 ,,vi #fja4 ,increased punishment for human trafficking in school zones ,section #aeia of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 7#a7 ,whoever violates subsection 7a7 in a school zone1 or on1 or within #a1jjj feet of1 a premises on which a school-sponsored activity is taking place1 or on1 or within #a1jjj feet of a premises owned by an institution of higher education1 shall1 in addition to the punishment otherwise provided under this section1 be imprisoned for not more than #e years4 7#b7 ,in this subsection3 7,a7 ,the term school zone has the meaning given such term in section #iba4 7,b7 ,the term school-sponsored activity means any activity that is produced1 financed1 arranged1 supervised1 or coordinated by a school or a ,state educational agency or local educational agency or is under the jurisdiction of a ,state educational agency or local educational agency4 7,c7 ,the terms ,state educational agency and local educational agency have the meanings given those terms under section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7,d7 ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 #fjb4 ,increased punishment for coercion and enticement in school zones ,section #bdbb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking individual who has not attained the age of #ah years and inserting minor2 and 7#b7 by adding at the end the following3 7c7 7#a7 ,whoever violates subsection 7a7 or 7b7 knowing1 or having reasonable cause to believe1 that the violation is committed against a minor who is enrolled in school and is1 at the time of the violation1 in a school zone or on1 or within #a1jjj feet of1 a premises on which a school-sponsored activity is taking place1 or against a person who is enrolled in an institution of higher education and is1 at the time of the violation on or within #a1jjj feet of a premises owned by the institution of higher education1 shall1 in addition to the punishment otherwise provided under this section1 be imprisoned for not more than #e years4 7#b7 ,paragraph 7#a7 shall not apply in a case in which a minor's presence on1 or within #a1jjj feet of1 the premises on which a school-sponsored activity is taking place is not related to such school-sponsored activity1 or the person's presence on or within #a1jjj feet of the premises owned by the institution of higher education is not related to their enrollment at such institution4 7d7 ,in this section3 7#a7 ,the term minor means an individual who has not attained #ah years of age4 7#b7 ,the term school means a public1 parochial1 or private school that provides elementary or secondary education4 7#c7 ,the term school zone has the meaning given such term in section #iba4 7#d7 ,the term school-sponsored activity means any activity that is produced1 financed1 arranged1 supervised1 or coordinated by a school or a ,state educational agency or local educational agency or is under the jurisdiction of a ,state educational agency or local educational agency4 7#e7 ,the terms ,state educational agency and local educational agency have the meanings given those terms under section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#f7 ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 ,,vii #gja4 ,establishment of commission 7a7 ,in general ,there is established the ,commission to ,study the ,potential ,creation of a ,national ,museum of ,asian ,pacific ,american ,history and ,culture 7hereafter in this ,act referred to as the ,commission74 7b7 ,membership ,the ,commission shall be composed of #h members1 of whom-- 7#a7 #b members shall be appointed by the majority leader of the ,senate2 7#b7 #b members shall be appointed by the ,speaker of the ,house of ,representatives2 7#c7 #b members shall be appointed by the minority leader of the ,senate2 and 7#d7 #b members shall be appointed by the minority leader of the ,house of ,representatives4 7c7 ,qualifications ,members of the ,commission shall be appointed to the ,commission from among individuals1 or representatives of institutions or entities1 who possess-- 7#a7 7,a7 a demonstrated commitment to the research1 study1 or promotion of ,asian ,pacific ,american history1 art1 political or economic status1 or culture2 and 7,b7 7i7 expertise in museum administration2 7ii7 expertise in fundraising for nonprofit or cultural institutions2 7iii7 experience in the study and teaching of ,asian ,pacific ,american history2 7iv7 experience in studying the issue of the representation of ,asian ,pacific ,americans in art1 life1 history1 and culture at the ,smithsonian ,institution2 or 7v7 extensive experience in public or elected service2 7#b7 experience in the administration of1 or the planning for1 the establishment of1 museums2 or 7#c7 experience in the planning1 design1 or construction of museum facilities4 7d7 ,deadline for initial appointment ,the initial members of the ,commission shall be appointed not later than the date that is #ij days after the date of enactment of this ,act4 7e7 ,vacancies ,a vacancy in the ,commission-- 7#a7 shall not affect the powers of the ,commission2 and 7#b7 shall be filled in the same manner as the original appointment was made4 7f7 ,chairperson ,the ,commission shall1 by majority vote of all of the members1 select #a member of the ,commission to serve as the ,chairperson of the ,commission4 7g7 ,prohibition ,no employee of the ,federal ,government may serve as a member of the ,commission4 #gjb4 ,duties of the commission 7a7 ,reports 7#a7 ,plan of action ,the ,commission shall submit to the ,president and ,congress a report containing the recommendations of the ,commission with respect to a plan of action regarding the feasibility of establishing and maintaining a ,national ,museum of ,asian ,pacific ,american ,history and ,culture in ,washington1 ,,dc1 and its environs 7hereafter in this ,act referred to as the ,museum74 7#b7 ,report on issues ,the ,commission shall submit to the ,president and ,congress a report that addresses the following issues3 7,a7 ,the availability and cost of collections to be acquired and housed in the ,museum4 7,b7 ,the impact of the ,museum on existing ,asian ,pacific ,american history-related museums4 7,c7 ,in consultation with the ,smithsonian ,institution1 develop criteria for evaluating possible locations for the ,museum in ,washington1 ,,dc1 and its environs4 7,d7 ,the feasibility of the ,museum becoming part of the ,smithsonian ,institution1 taking into account the ,museum's potential impact on the ,smithsonian's existing facilities maintenance backlog1 collections storage needs1 and identified construction or renovation costs for new or existing museums4 7,e7 ,the governance and organizational structure from which the ,museum should operate4 7,f7 ,best practices for engaging ,asian ,pacific ,americans in the development and design of the ,museum4 7,g7 ,the cost of constructing1 operating1 and maintaining the ,museum4 7#c7 ,deadline ,the reports required under paragraphs 7#a7 and 7#b7 shall be submitted not later than the date that is #ah months after the date of the first meeting of the ,commission4 7b7 ,fundraising plan 7#a7 ,in general ,the ,commission shall develop a fundraising plan that will address the ability to support the establishment1 operation1 and maintenance of the ,museum through contributions from the public4 7#b7 ,considerations ,in developing the fundraising plan under paragraph 7#a71 the ,commission shall consider issues relating to funding the operations and maintenance of the ,museum in perpetuity without reliance on appropriations of ,federal funds4 7#c7 ,independent review ,the ,commission shall obtain an independent review of the viability of the plan developed under paragraph 7#a7 and such review shall include an analysis as to whether the plan is able to achieve the level of resources necessary to fund the construction of the ,museum and the operations and maintenance of the ,museum in perpetuity without reliance on appropriations of ,federal funds4 7#d7 ,submission ,the ,commission shall submit the plan developed under paragraph 7#a7 and the review conducted under paragraph 7#c7 to the ,committees on ,house ,administration1 ,natural ,resources1 and ,appropriations of the ,house of ,representatives and the ,committees on ,rules and ,administration1 ,energy and ,natural ,resources1 and ,appropriations of the ,senate4 7c7 ,legislation ,to carry out plan of action ,based on the recommendations contained in the report submitted under paragraphs 7#a7 and 7#b7 of subsection 7a71 the ,commission shall submit for consideration to the ,committees on ,house ,administration1 ,natural ,resources1 and ,appropriations of the ,house of ,representatives and the ,committees on ,rules and ,administration1 ,energy and ,natural ,resources1 and ,appropriations of the ,senate recommendations for a legislative plan of action on the feasibility of establishing and constructing the ,museum4 7d7 ,national conference ,not later than #ah months after the date on which the initial members of the ,commission are appointed under section #b1 the ,commission may1 in carrying out the duties of the ,commission under this section1 convene a national conference relating to the ,museum1 to be comprised of individuals committed to the advancement of the life1 art1 history1 and culture of ,asian ,pacific ,americans4 #gjc4 ,administrative provisions 7a7 ,compensation 7#a7 ,in general ,a member of the ,commission-- 7,a7 shall not be considered to be a ,federal employee for any purpose by reason of service on the ,commission2 and 7,b7 shall serve without pay4 7#b7 ,travel expenses ,a member of the ,commission shall be allowed a per diem allowance for travel expenses1 at rates consistent with those authorized under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#c7 ,gifts1 bequests1 and devises ,the ,commission may solicit1 accept1 use1 and dispose of gifts1 bequests1 or devises of money1 services1 or real or personal property for the purpose of aiding or facilitating the work of the ,commission4 7#d7 ,federal advisory committee act ,the ,commission shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7b7 ,termination ,the ,commission shall terminate on the date that is #cj days after the date on which the final versions of the reports required under section #c are submitted4 7c7 ,funding 7#a7 ,in general ,the ,commission shall be solely responsible for acceptance of contributions for1 and payment of the expenses of1 the ,commission4 7#b7 ,prohibition ,no ,federal funds may be obligated to carry out this ,act4 7d7 ,director and staff of commission 7#a7 ,director and staff 7,a7 ,in general ,the ,commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the ,commission to perform the duties of the ,commission4 7,b7 ,rates of pay ,rates of pay for persons employed under subparagraph 7,a7 shall be consistent with the rates of pay allowed for employees of a temporary organization under section #cafa of title #e1 ,united ,states ,code4 7#b7 ,not federal employment ,any individual employed under this section shall not be considered a ,federal employee for the purpose of any law governing ,federal employment4 7#c7 ,technical assistance 7,a7 ,in general ,subject to subparagraph 7,b71 on request of the ,commission1 the head of a ,federal agency may provide technical assistance to the ,commission4 7,b7 ,prohibition ,no ,federal employees may be detailed to the ,commission4 ,,viii #hja4 ,selectusa defined ,in this ,act1 the term ,select,u,s,a means the ,select,u,s,a program of the ,department of ,commerce established by ,executive ,order ,no4 #acegg 7#gf ,fed4 ,reg4 #cegae74 #hjb4 ,findings ,congress makes the following findings3 7#a7 ,semiconductors underpin the ,united ,states and global economies1 including manufacturing sectors4 ,semiconductors are also essential to the national security of the ,united ,states4 7#b7 ,a shortage of semiconductors1 brought about by the ,,covid-#ai pandemic and other complex factors impacting the overall supply chain1 has threatened the economic recovery of the ,united ,states and industries that employ millions of ,united ,states citizens4 7#c7 ,addressing current challenges and building resilience against future risks requires ensuring a secure and stable supply chain for semiconductors that will support the economic and national security needs of the ,united ,states and its allies4 7#d7 ,the supply chain for semiconductors is complex and global4 ,while the ,united ,states plays a leading role in certain segments of the semiconductor industry1 securing the supply chain requires onshoring1 reshoring1 or diversifying vulnerable segments1 such as for-- 7,a7 fabrication2 7,b7 advanced packaging2 and 7,c7 materials and equipment used to manufacture semiconductor products4 7#e7 ,the ,federal ,government can leverage foreign direct investment and private dollars to grow the domestic manufacturing and production capacity of the ,united ,states for vulnerable segments of the semiconductor supply chain4 7#f7 ,the ,select,u,s,a program of the ,department of ,commerce1 in coordination with other ,federal agencies and ,state-level economic development organizations1 is positioned to boost foreign direct investment in domestic manufacturing and to help secure the semiconductor supply chain of the ,united ,states4 #hjc4 ,coordination with state-level economic development organizations ,not later than #ahj days after the date of the enactment of this ,act1 the ,executive ,director of ,select,u,s,a shall solicit comments from ,state-level economic development organizations-- 7#a7 to review-- 7,a7 what efforts the ,federal ,government can take to support increased foreign direct investment in any segment of semiconductor-related production2 7,b7 what barriers to such investment may exist and how to amplify ,state efforts to attract such investment2 7,c7 public opportunities those organizations have identified to attract foreign direct investment to help increase investment described in subparagraph 7,a72 7,d7 resource gaps or other challenges that prevent those organizations from increasing such investment2 and 7#b7 to develop recommendations for-- 7,a7 how ,select,u,s,a can increase such investment independently or through partnership with those organizations2 and 7,b7 working with countries that are allies or partners of the ,united ,states to ensure that foreign adversaries 7as defined in section #h7;c77#b7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7;c77#b777 do not benefit from ,united ,states efforts to increase such investment4 #hjd4 ,report on increasing foreign direct investment in semiconductor-related manufacturing and production ,not later than #b years after the date of the enactment of this ,act1 the ,executive ,director of ,select,u,s,a1 in coordination with the ,federal ,interagency ,investment ,working ,group established by ,executive ,order ,no4 #acegg 7#gf ,fed4 ,reg4 #ce1gae2 relating to establishment of the ,select,u,s,a ,initiative71 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes-- 7#a7 a review of the comments ,select,u,s,a received from ,state-level economic development organizations under section #hjc2 7#b7 a description of activities ,select,u,s,a is engaged in to increase foreign direct investment in semiconductor-related manufacturing and production2 and 7#c7 an assessment of strategies ,select,u,s,a may implement to achieve an increase in such investment and to help secure the ,united ,states supply chain for semiconductors1 including by-- 7,a7 working with other relevant ,federal agencies2 and 7,b7 working with ,state-level economic development organizations and implementing any strategies or recommendations ,select,u,s,a received from those organizations4 ,,ix #ija4 ,approval of certain equipment 7a7 ,in general ,section #bjjh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7 is amended-- 7#a7 in subsection 7f7-- 7,a7 by striking ,if an applicant and inserting the following3 7#a7 ,application requirement ,if an applicant 2 and 7,b7 by adding at the end the following new paragraphs3 7#b7 ,review process ,the ,administrator shall implement a uniform process for reviewing applications that1 in accordance with paragraph 7#a71 contain explanations to use grants provided under section #bjjc or #bjjd to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section #fdg of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gdg74 7#c7 ,factors ,in carrying out the review process under paragraph 7#b71 the ,administrator shall consider the following3 7,a7 ,current or past use of proposed equipment or systems by ,federal agencies or the ,armed ,forces4 7,b7 ,the absence of a national voluntary consensus standard for such equipment or systems4 7,c7 ,the existence of an international consensus standard for such equipment or systems1 and whether such equipment or systems meets such standard4 7,d7 ,the nature of the capability gap identified by the applicant and how such equipment or systems will address such gap4 7,e7 ,the degree to which such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed existing consensus standards4 7,f7 ,any other factor determined appropriate by the ,administrator4 2 and 7#b7 by adding at the end the following new subsection3 7g7 ,review process ,the ,administrator shall implement a uniform process for reviewing applications to use grants provided under section #bjjc or #bjjd to purchase equipment or systems not included on the ,authorized ,equipment ,list maintained by the ,administrator4 4 7b7 ,inspector general report ,not later than three years after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report assessing the implementation of the review process established under paragraph 7#b7 of subsection 7f7 of section #bjjh of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section71 including information on the following3 7#a7 ,the number of requests to purchase equipment or systems that do not meet or exceed any applicable consensus standard evaluated under such review process4 7#b7 ,the capability gaps identified by applicants and the number of such requests granted or denied4 7#c7 ,the processing time for the review of such requests4 ,x #ajja4 ,findings ,congress finds the following3 7#a7 ,,nasa uses enhanced use leasing to enter into agreements with private sector entities1 ,state and local governments1 academic institutions1 and other ,federal agencies for lease of non-excess1 underutilized ,,nasa properties and facilities4 7#b7 ,,nasa uses enhanced use leasing authority to support responsible management of its real property1 including to improve the use of underutilized property for activities that are compatible with ,,nasa's mission and to reduce facility operating and maintenance costs4 7#c7 ,in fiscal year #bjai1 under its enhanced use lease authority1 ,,nasa leased #fe real properties4 7#d7 ,in fiscal year #bjai1 ,,nasa's use of enhanced use leasing resulted in the collection of #aj1hdc1jbe4gg in net revenue4 7#e7 ,in fiscal year #bjai1 ,,nasa used a portion of its enhanced use leasing revenues for repairs of facility control systems such as lighting and heating1 ventilation1 and air conditioning4 7#f7 ,,nasa's use of enhanced use leasing authority can contribute to reducing the rate of increase of the ,agency's overall deferred maintenance cost4 #ajjb4 ,extension of authority to enter into leases of non-excess property of the national aeronautics and space administration ,section #bjade7;h7 of title #ea1 ,united ,states ,code1 is amended by striking ,december #ca1 #bjcb and inserting ,december #ca1 #bjcc4 ,,xi #aaja4 ,hearings 7a7 ,in general ,each standing committee of the ,house of ,representatives shall hold a hearing on the implementation of this ,act within one year of enactment4 7b7 ,exercise of rulemaking authority ,subsection 7a7 is enacted-- 7#a7 as an exercise of rulemaking power of the ,house of ,representatives1 and1 as such1 shall be considered as part of the rules of the ,house1 and such rules shall supersede any other rule of the ,house only to the extent that rule is inconsistent therewith2 and 7#b7 with full recognition of the constitutional right of either ,house to change such rules 7so far as relating to the procedure in such ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of the ,house4 ,,xii #abja4 ,code of official conduct ,in rule ,,xxiii of the ,rules of the ,house of ,representatives1 strike clause #ba and insert the following3 #ba4 7a7 ,except as provided in paragraphs 7b7 and 7c71 a ,member1 ,delegate1 ,resident ,commissioner1 officer1 or employee of the ,house shall not knowingly and willfully disclose publicly the identity of1 or personally identifiable information about1 any individual who has reported allegations of possible wrongdoing1 including retaliation1 under processes and protections provided by the ,civil ,service ,reform ,act of #aigh1 the ,whistleblower ,protection ,act of #aihi1 the ,intelligence ,community ,whistleblower ,protection ,act of #aiih1 or any other ,federal law that establishes the right for individuals to make protected disclosures to ,congress4 7b7 ,the limitation in paragraph 7a7 shall not apply to any disclosure of an individual's identity or personally identifiable information if-- 7#a7 the individual has provided express written consent prior to such disclosure2 7#b7 the individual has already voluntarily and publicly disclosed their identity2 or 7#c7 the disclosure is by the chair of a committee after an affirmative vote by two-thirds of the members of the committee that such disclosure is in the public interest4 7c7 ,nothing in this clause shall prevent-- 7#a7 an investigation of any allegation of wrongdoing disclosed by any individual2 or 7#b7 the public disclosure of substantive information shared by any individual that is not personally identifiable to that individual4 7d7 ,disclosures made pursuant to paragraph 7b77#c7 shall be subject to appropriate safeguards1 including that the individual be provided timely advance notice if possible before their identity or any personally identifiable information is disclosed prior to the vote described in paragraph 7b77#c71 unless such information would jeopardize the related investigations4 ,when providing such notice to the individual the committee chair shall send the individual a written explanation of the reasons for the disclosure4 4 ,,xiii #acja4 ,study on foreign ports 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,chairman of the ,federal ,maritime ,commission shall seek to enter into an agreement with a federally funded research and development center to evaluate how foreign ownership of marine terminals at the #ae largest ,united ,states container ports affects or could affect ,united ,states economic security4 7b7 ,contents ,in carrying out the study under subsection 7a71 the center selected under such subsection shall-- 7#a7 consider-- 7,a7 changes in ownership of the #ae largest ,united ,states container ports over the past #aj years as well as announced ownership changes from #bjbe and #bjbf2 7,b7 instances of ownership in individual marine terminals and cumulative ownership by ,chinese or ,russian entities or nationals2 7,c7 instances of ownership in individual marine terminals and cumulative ownership by any foreign entity2 7,d7 the amount of-- 7i7 ,port ,infrastructure ,development ,grant funds since fiscal year #bjah that have gone to ports and marine terminals that are owned wholly or partially foreign owned2 and 7ii7 ,port ,security ,grant funds since fiscal year #bjjc that have gone to ports and marine terminals that are owned wholly or partially foreign owned2 and 7,e7 where ownership exists1 a detailed description of foreign operational control including both affirmative and negative control2 and 7#b7 offer recommendations on-- 7,a7 policies by ports and marine terminal operators to prevent excessive foreign ownership that could threaten ,united ,states economic security2 7,b7 whether ownership affords the foreign owner access to operational technology and information unique to the ,united ,states and otherwise unavailable2 and 7,c7 whether foreign ownership has or could affect the supply chain and policies related to the prioritization of certain cargoes4 7c7 ,report ,not later than #a year after the initiation of the evaluation under subsection 7a71 the ,chairman of the ,federal ,maritime ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the results of such evaluation4 ,,xiv #adja4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go-,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,,xv #aeja4 ,frequency of board of directors meetings ,section #aac of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agfa;b7 is amended-- 7#a7 by striking monthly each place such term appears2 7#b7 in the matter preceding paragraph 7#a71 by striking ,the board of directors and inserting the following3 7a7 ,in general ,the board of directors 2 7#c7 in subsection 7a7 7as so designated71 by striking shall meet at least once a month and2 and 7#d7 by adding at the end the following3 7b7 ,meetings ,the board of directors of a ,federal credit union shall meet as follows3 7#a7 ,with respect to a de novo ,federal credit union1 not less frequently than monthly during each of the first five years of the existence of such ,federal credit union4 7#b7 ,not less than six times annually1 with at least one meeting held during each fiscal quarter1 with respect to a ,federal credit union-- 7,a7 with composite rating of either #a or #b under the ,uniform ,financial ,institutions ,rating ,system 7or an equivalent rating under a comparable rating system72 and 7,b7 with a capability of management rating under such composite rating of either #a or #b4 7#c7 ,not less frequently than once a month1 with respect to a ,federal credit union-- 7,a7 with composite rating of either #c1 #d1 or #e under the ,uniform ,financial ,institutions ,rating ,system 7or an equivalent rating under a comparable rating system72 or 7,b7 with a capability of management rating under such composite rating of either #c1 #d1 or #e4 4 ,,xvi #afja4 ,appropriations ,the following sums are hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbf1 and for other purposes1 namely3 ,department of ,health and ,human ,services ,health resources and services administration rural health ,for an additional amount for the ,telehealth ,resource ,center of the ,federal ,office of ,rural ,health ,policy of the ,office for the ,advancement of ,telehealth1 to provide assistance with respect to technical1 legal1 regulatory service delivery or other related barriers to the development of telehealth technologies for skilled nursing facilities 7as defined in section #ahai of the ,social ,security ,act7 and nursing facilities 7as defined in section #aiai of such ,act71 #a1jjj1jjj to remain available through ,september #cj1 #bjbe4 ,department of ,agriculture ,executive operations office of budget and program analysis ,for an additional amount for necessary expenses of the ,office of ,budget and ,program ,analysis1 #a1jjj1jjj4 ,department of ,state ,capital investment fund ,for an additional amount for necessary expenses of the ,capital ,investment ,fund1 as authorized1 #a1jjj1jjj1 to remain available until expended4 ,department of ,defense ,operation and maintenance operation and maintenance1 army ,for an additional amount for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,army1 as authorized by law1 #a1jjj1jjj4 ,department of ,homeland ,security ,departmental management1 intelligence1 situational awareness1 and oversight management directorate operations and support ,for an additional amount for necessary expenses of the ,management ,directorate for operations and support1 #a1jjj1jjj4 ,department of ,energy ,energy programs energy information administration ,for an additional amount for ,department of ,energy expenses necessary in carrying out the activities of the ,energy ,information ,administration1 #a1jjj1jjj1 to remain available until expended4