II

106TH CONGRESS

1ST SESSION S. 1708

To amend the Employee Retirement Income Security Act of 1974 and the

Internal Revenue Code of 1986 to require plans which adopt amendments

that significantly reduce future benefit accruals to provide participants

with adequate notice of the changes made by such amendments.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7, 1999

Mr. MOYNIHAN (for himself, Mr. JEFFORDS, Mr. LEAHY, Mr. KERREY, Mr.

ROBB, Mr. ROCKEFELLER, Mr. SARBANES, Mr. GRAMS, and Mr.

LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Employee Retirement Income Security Act

of 1974 and the Internal Revenue Code of 1986 to

require plans which adopt amendments that significantly

reduce future benefit accruals to provide participants

with adequate notice of the changes made by such

amendments.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pension Reduction

5 Disclosure Act of 1999’’.
2

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1 SEC. 2. NOTICE REQUIRED FOR CERTAIN PLAN AMEND2 MENTS REDUCING FUTURE BENEFIT ACCRU3 ALS.

4 (a) GENERAL NOTICE REQUIREMENTS.—Section

5 204(h) of the Employee Retirement Income Security Act

6 of 1974 (29 U.S.C. 1054(h)) is amended to read as fol7 lows:

8 ‘‘(h) NOTICE REQUIREMENTS FOR PENSION PLAN

9 AMENDMENTS REDUCING ACCRUALS.—

10 ‘‘(1) IN GENERAL.—If an applicable pension

11 plan is amended so as to provide for a significant re12 duction in the rate of future benefit accrual of 1 or

13 more applicable individuals, the plan administrator

14 shall—

15 ‘‘(A) not later than the 45th day before

16 the effective date of the amendment, provide

17 the written notice described in paragraph (2) to

18 each applicable individual (and to each em19 ployee organization representing applicable indi20 viduals), and

21 ‘‘(B) in the case of a large applicable pen22 sion plan—

23 ‘‘(i) include in the notice under para24 graph (2) the additional information de25 scribed in paragraph (3),
3

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1 ‘‘(ii) make available the information

2 described in paragraph (4) in accordance

3 with such paragraph, and

4 ‘‘(iii) provide individual benefit state5 ments in accordance with section 105(e).

6 ‘‘(2) BASIC WRITTEN NOTICE.—The notice

7 under paragraph (1) shall include a summary of the

8 important terms of the amendment, including—

9 ‘‘(A) the effective date of the amendment,

10 ‘‘(B) a statement that the amendment is

11 expected to significantly reduce the rate of fu12 ture benefit accrual,

13 ‘‘(C) a description of the classes of applica14 ble individuals to whom the amendment applies,

15 and

16 ‘‘(D) a description of how the amendment

17 significantly reduces the rate of future benefit

18 accrual.

19 ‘‘(3) ADDITIONAL INFORMATION TO BE PRO20 VIDED BY LARGE APPLICABLE PENSION PLANS.—

21 ‘‘(A) IN GENERAL.—The information de22 scribed in this paragraph is—

23 ‘‘(i) a description of the plan’s benefit

24 formulas (including formulas for deter25 mining early retirement benefits) both be-
4

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1 fore and after the amendment and an ex2 planation of the effect of the different for3 mulas on applicable individuals,

4 ‘‘(ii) an explanation of the cir5 cumstances (if any) under which (for ap6 propriate categories of applicable individ7 uals) the amendment is reasonably ex8 pected to result in a temporary period

9 after the effective date of the amendment

10 during which there are no or minimal ac11 cruals,

12 ‘‘(iii) illustrative examples of normal

13 or early retirement benefits meeting the re14 quirements of subparagraph (B), and

15 ‘‘(iv) notice of each applicable individ16 ual’s right to request, and of the proce17 dures for requesting, the information re18 quired to be provided under paragraph (4)

19 and under section 105(e).

20 ‘‘(B) ILLUSTRATIVE EXAMPLES.—Illus21 trative examples meet the requirements of this

22 subparagraph if such examples illustrate the

23 adverse effects of the plan amendment. Such

24 examples shall be prepared by the plan adminis25 trator in accordance with regulations prescribed
5

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1 by the Secretary of the Treasury, and such reg2 ulations shall require that the examples—

3 ‘‘(i) reflect fairly the different cat4 egories of applicable individuals who are

5 similarly affected by the plan amendment

6 after consideration of all relevant factors,

7 ‘‘(ii) show a comparison of benefits

8 for each such category of applicable indi9 viduals under the plan (as in effect before

10 and after the effective date) at appropriate

11 future dates, and

12 ‘‘(iii) illustrate any temporary period

13 described in subparagraph (A)(ii).

14 Such comparison shall be based on benefits in

15 the form of a life annuity and on actuarial as16 sumptions each of which is reasonable (and is

17 so certified by an enrolled actuary) when ap18 plied to all participants in the plan.

19 ‘‘(4) SUPPORTING INFORMATION RELATING TO

20 CALCULATION OF BENEFITS.—

21 ‘‘(A) IN GENERAL.—Each individual who

22 receives or who is entitled to receive the infor23 mation described in paragraph (3) may (after

24 so receiving or becoming so entitled) request
6

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1 the plan administrator to provide the informa2 tion described in subparagraph (B).

3 ‘‘(B) INFORMATION.—The plan adminis4 trator shall, within 15 days after the date on

5 which a request under subparagraph (A) is

6 made, provide to the individual information (in7 cluding benefit formulas and actuarial factors)

8 which is sufficient—

9 ‘‘(i) to confirm the benefit compari10 sons in the illustrative examples described

11 in paragraph (3)(B), and

12 ‘‘(ii) to enable the individual to use

13 the individual’s own personal information

14 to make calculations of the individual’s

15 own benefits which are similar to the cal16 culations made in such examples.

17 Nothing in this subsection shall be construed to

18 require the plan administrator to provide to an

19 individual such individual’s personal informa20 tion for purposes of clause (ii).

21 ‘‘(C) TIME LIMITATION ON REQUESTS.—

22 This paragraph shall apply only to requests

23 made during the 12-month period that begins

24 on the later of the effective date of the amend-
7

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1 ment to which it relates or the date the notice

2 described in paragraph (2) is provided.

3 ‘‘(5) SANCTIONS.—

4 ‘‘(A) IN GENERAL.—In the case of any

5 egregious failure to meet any requirement of

6 this subsection with respect to any plan amend7 ment, the provisions of the applicable pension

8 plan shall be applied as if such plan amendment

9 entitled all applicable individuals to the greater

10 of—

11 ‘‘(i) the benefits to which they would

12 have been entitled without regard to such

13 amendment, or

14 ‘‘(ii) the benefits under the plan with

15 regard to such amendment.

16 ‘‘(B) EGREGIOUS FAILURE.—For purposes

17 of subparagraph (A), there is an egregious fail18 ure to meet the requirements of this subsection

19 if such failure is—

20 ‘‘(i) an intentional failure (including

21 any failure to promptly provide the re22 quired notice or information after the plan

23 administrator discovers an unintentional

24 failure to meet the requirements of this

25 subsection),
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1 ‘‘(ii) a failure to provide most of the

2 individuals with most of the information

3 they are entitled to receive under this sub4 section, or

5 ‘‘(iii) a failure which is determined to

6 be egregious under regulations prescribed

7 by the Secretary of the Treasury.

8 ‘‘(C) EXCISE TAX.—For excise tax on fail9 ure to meet requirements, see section 4980F of

10 the Internal Revenue Code of 1986.

11 ‘‘(6) SPECIAL RULES.—

12 ‘‘(A) PLAIN LANGUAGE.—The notice re13 quired under paragraph (1) shall be written in

14 a manner calculated to be understood by the av15 erage plan participant who is an applicable indi16 vidual.

17 ‘‘(B) NOTICE TO DESIGNEES.—The notice

18 and information required to be provided under

19 this subsection may be provided to a person

20 designated, in writing, by the person to which

21 it would otherwise be provided.

22 ‘‘(7) ALTERNATIVE METHODS OF COMPLIANCE

23 WITH ENHANCED DISCLOSURE REQUIREMENTS IN

24 CERTAIN CASES.—The Secretary of the Treasury

25 shall prescribe such regulations as may be necessary
9

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1 to carry out this subsection. The Secretary of the

2 Treasury may—

3 ‘‘(A) prescribe alternative or simplified

4 methods of complying with paragraphs (3) and

5 (4) in situations where—

6 ‘‘(i) there is no fundamental change in

7 the manner in which the accrued benefit of

8 an applicable individual is determined

9 under the plan, and

10 ‘‘(ii) such other methods are adequate

11 to reasonably inform plan participants who

12 are applicable individuals of the impact of

13 the reductions,

14 ‘‘(B) reduce the advance notice period in

15 paragraph (1)(A) from 45 days to 15 days be16 fore the effective date of the amendment for

17 cases in which compliance with the 45-day ad18 vance notice requirement would be unduly bur19 densome because the amendment is contingent

20 on a merger, acquisition, disposition, or other

21 similar transaction involving plan participants

22 who are applicable individuals or because 45

23 days advance notice is otherwise impracticable,
10

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1 ‘‘(C) permit the comparison of benefits

2 under paragraph (3)(B)(i) to be based on a

3 form of payment other than a life annuity, or

4 ‘‘(D) specify actuarial assumptions that

5 are deemed to be reasonable for purposes of the

6 benefit comparisons under paragraph (3)(B)(i).

7 ‘‘(8) APPLICABLE INDIVIDUAL.—For purposes

8 of this subsection, the term ‘applicable individual’

9 means, with respect to any plan amendment—

10 ‘‘(A) each participant in the plan, and

11 ‘‘(B) each beneficiary who is an alternate

12 payee (within the meaning of section

13 206(d)(3)(K)) under a qualified domestic rela14 tions order (within the meaning of section

15 206(d)(3)(B)(i)),

16 whose future benefit accruals under the plan may

17 reasonably be expected to be reduced by such plan

18 amendment.

19 ‘‘(9) TERMS RELATING TO PLANS.—For pur20 poses of this subsection—

21 ‘‘(A) APPLICABLE PENSION PLAN.—The

22 term ‘applicable pension plan’ means—

23 ‘‘(i) a defined benefit plan, or
11

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1 ‘‘(ii) an individual account plan which

2 is subject to the funding standards of sec3 tion 302.

4 ‘‘(B) LARGE APPLICABLE PENSION

5 PLAN.—The term ‘large applicable pension

6 plan’ means an applicable pension plan which

7 had 100 or more active participants as of the

8 last day of the plan year preceding the plan

9 year in which the plan amendment becomes ef10 fective.’’

11 (b) INDIVIDUAL STATEMENTS.—Section 105 of the

12 Employee Retirement Income Security Act of 1974 (29

13 U.S.C. 1025) is amended by adding at the end the fol14 lowing new subsection:

15 ‘‘(e)(1) The plan administrator of a large applicable

16 pension plan shall furnish an individual statement de17 scribed in paragraph (2) to each individual—

18 ‘‘(A) who receives, or is entitled to receive,

19 under section 204(h) the information described in

20 paragraph (3) thereof from such administrator, and

21 ‘‘(B) who requests in writing such a statement

22 from such administrator.

23 ‘‘(2) The statement described in this paragraph is a

24 statement which provides information which is substan25 tially the same as the information in the illustrative exam-
12

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1 ples described in section 204(h)(3)(B) but which is based

2 on data specific to the requesting individual and, if the

3 individual so requests, information as of 1 other future

4 date not included in such examples.

5 ‘‘(3) Paragraph (1) shall apply only to requests made

6 during the 12-month period that begins on the later of

7 the effective date of the amendment to which it relates

8 or the date the notice described in section 204(h)(2) is

9 provided. In no case shall an individual be entitled under

10 this subsection to receive more than one such statement

11 with respect to an amendment.

12 ‘‘(4) Notwithstanding section 502(c)(1), the state13 ment required by paragraph (1) shall be treated as timely

14 furnished if furnished on or before—

15 ‘‘(A) the date which is 90 days after the effec16 tive date of the plan amendment to which is relates,

17 or

18 ‘‘(B) such later date as may be permitted by

19 the Secretary of Labor.

20 ‘‘(5) Any term used in this subsection which is used

21 in section 204(h) shall have the meaning given such term

22 by such section.

23 ‘‘(6) A statement under this subsection shall not be

24 taken into account for purposes of subsection (b).’’
13

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1 SEC. 3. EXCISE TAX ON FAILURE TO PROVIDE NOTICE BY

2 DEFINED BENEFIT PLANS SIGNIFICANTLY

3 REDUCING FUTURE BENEFIT ACCRUALS.

4 (a) IN GENERAL.—Chapter 43 of the Internal Rev5 enue Code of 1986 (relating to qualified pension, etc.,

6 plans) is amended by adding at the end the following new

7 section:

8 ‘‘SEC. 4980F. FAILURE OF DEFINED BENEFIT PLANS REDUC9 ING BENEFIT ACCRUALS TO SATISFY NOTICE

10 REQUIREMENTS.

11 ‘‘(a) IMPOSITION OF TAX.—There is hereby imposed

12 a tax on the failure of a plan administrator of an applica13 ble pension plan to meet the requirements of subsection

14 (e) with respect to any applicable individual.

15 ‘‘(b) AMOUNT OF TAX.—

16 ‘‘(1) IN GENERAL.—The amount of the tax im17 posed by subsection (a) on any failure with respect

18 to any applicable individual shall be $100 for each

19 day in the noncompliance period with respect to such

20 failure.

21 ‘‘(2) NONCOMPLIANCE PERIOD.—For purposes

22 of this section, the term ‘noncompliance period’

23 means, with respect to any failure, the period begin24 ning on the date the failure first occurs and ending

25 on the date the failure is corrected.

26 ‘‘(c) LIMITATIONS ON AMOUNT OF TAX.—
14

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1 ‘‘(1) OVERALL LIMITATION FOR UNINTEN2 TIONAL FAILURES.—

3 ‘‘(A) IN GENERAL.—In the case of failures

4 that are due to reasonable cause and not to

5 willful neglect, the tax imposed by subsection

6 (a) for failures during the taxable year of the

7 employer (or, in the case of a multiemployer

8 plan, the taxable year of the trust forming part

9 of the plan) shall not exceed $500,000

10 ($1,000,000 in the case of a large applicable

11 pension plan).

12 ‘‘(B) TAXABLE YEARS IN THE CASE OF

13 CERTAIN CONTROLLED GROUPS.—For purposes

14 of this paragraph, if all persons who are treated

15 as a single employer for purposes of this section

16 do not have the same taxable year, the taxable

17 years taken into account shall be determined

18 under principles similar to the principles of sec19 tion 1561.

20 ‘‘(2) WAIVER BY SECRETARY.—In the case of a

21 failure which is due to reasonable cause and not to

22 willful neglect, the Secretary may waive part or all

23 of the tax imposed by subsection (a) to the extent

24 that the payment of such tax would be excessive rel25 ative to the failure involved.
15

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1 ‘‘(d) LIABILITY FOR TAX.—The following shall be lia2 ble for the tax imposed by subsection (a):

3 ‘‘(1) In the case of a plan other than a multi4 employer plan, the employer.

5 ‘‘(2) In the case of a multiemployer plan, the

6 plan.

7 ‘‘(e) NOTICE REQUIREMENTS FOR PENSION PLAN

8 AMENDMENTS REDUCING ACCRUALS.—

9 ‘‘(1) IN GENERAL.—If an applicable pension

10 plan is amended so as to provide for a significant re11 duction in the rate of future benefit accrual of 1 or

12 more applicable individuals, the plan administrator

13 shall—

14 ‘‘(A) not later than the 45th day before

15 the effective date of the amendment, provide

16 the written notice described in paragraph (2) to

17 each applicable individual (and to each em18 ployee organization (as defined in section 3(4)

19 of the Employee Retirement Income Security

20 Act of 1974) representing applicable individ21 uals), and

22 ‘‘(B) in the case of a large applicable pen23 sion plan—
16

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1 ‘‘(i) include in the notice under para2 graph (2) the additional information de3 scribed in paragraph (3), and

4 ‘‘(ii) make available the information

5 described in paragraph (4) in accordance

6 with such paragraph.

7 ‘‘(2) BASIC WRITTEN NOTICE.—The notice

8 under paragraph (1) shall include a summary of the

9 important terms of the amendment, including—

10 ‘‘(A) the effective date of the amendment,

11 ‘‘(B) a statement that the amendment is

12 expected to significantly reduce the rate of fu13 ture benefit accrual,

14 ‘‘(C) a description of the classes of applica15 ble individuals to whom the amendment applies,

16 and

17 ‘‘(D) a description of how the amendment

18 significantly reduces the rate of future benefit

19 accrual.

20 ‘‘(3) ADDITIONAL INFORMATION TO BE PRO21 VIDED BY LARGE APPLICABLE PENSION PLANS.—

22 ‘‘(A) IN GENERAL.—The information de23 scribed in this paragraph is—

24 ‘‘(i) a description of the plan’s benefit

25 formulas (including formulas for deter-
17

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1 mining early retirement benefits) both be2 fore and after the amendment and an ex3 planation of the effect of the different for4 mulas on applicable individuals,

5 ‘‘(ii) an explanation of the cir6 cumstances (if any) under which (for ap7 propriate categories of applicable individ8 uals) the amendment is reasonably ex9 pected to result in a temporary period

10 after the effective date of the amendment

11 during which there are no or minimal ac12 cruals,

13 ‘‘(iii) illustrative examples of normal

14 or early retirement benefits meeting the re15 quirements of subparagraph (B), and

16 ‘‘(iv) notice of each applicable individ17 ual’s right to request, and of the proce18 dures for requesting, the information re19 quired to be provided under paragraph (4)

20 and under section 105(e) of Employee Re21 tirement Income Security Act of 1974.

22 ‘‘(B) ILLUSTRATIVE EXAMPLES.—Illus23 trative examples meet the requirements of this

24 subparagraph if such examples illustrate the

25 adverse effects of the plan amendment. Such
18

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1 examples shall be prepared by the plan adminis2 trator in accordance with regulations prescribed

3 by the Secretary, and such regulations shall re4 quire that the examples—

5 ‘‘(i) reflect fairly the different cat6 egories of applicable individuals who are

7 similarly affected by the plan amendment

8 after consideration of all relevant factors,

9 ‘‘(ii) show a comparison of benefits

10 for each such category of applicable indi11 viduals under the plan (as in effect before

12 and after the effective date) at appropriate

13 future dates, and

14 ‘‘(iii) illustrate any temporary period

15 described in subparagraph (A)(ii).

16 Such comparison shall be based on benefits in

17 the form of a life annuity and on actuarial as18 sumptions each of which is reasonable (and is

19 so certified by an enrolled actuary) when ap20 plied to all participants in the plan.

21 ‘‘(4) SUPPORTING INFORMATION RELATING TO

22 CALCULATION OF BENEFITS.—

23 ‘‘(A) IN GENERAL.—Each individual who

24 receives or who is entitled to receive the infor25 mation described in paragraph (3) may (after
19

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1 so receiving or becoming so entitled) request

2 the plan administrator to provide the informa3 tion described in subparagraph (B).

4 ‘‘(B) INFORMATION.—The plan adminis5 trator shall, within 15 days after the date on

6 which a request under subparagraph (A) is

7 made, provide to the individual information (in8 cluding benefit formulas and actuarial factors)

9 which is sufficient—

10 ‘‘(i) to confirm the benefit compari11 sons in the illustrative examples described

12 in paragraph (3)(B), and

13 ‘‘(ii) to enable the individual to use

14 the individual’s own personal information

15 to make calculations of the individual’s

16 own benefits which are similar to the cal17 culations made in such examples.

18 Nothing in this subsection shall be construed to

19 require the plan administrator to provide to an

20 individual such individual’s personal informa21 tion for purposes of clause (ii).

22 ‘‘(C) TIME LIMITATION ON REQUESTS.—

23 This paragraph shall apply only to requests

24 made during the 12-month period that begins

25 on the later of the effective date of the amend-
20

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1 ment to which it relates or the date the notice

2 described in paragraph (2) is provided.

3 ‘‘(5) SPECIAL RULES.—

4 ‘‘(A) PLAIN LANGUAGE.—The notice re5 quired under paragraph (1) shall be written in

6 a manner calculated to be understood by the av7 erage plan participant who is an applicable indi8 vidual.

9 ‘‘(B) NOTICE TO DESIGNEES.—The notice

10 or information required to be provided under

11 this subsection may be provided to a person

12 designated, in writing, by the person to which

13 it would otherwise be provided.

14 ‘‘(6) ALTERNATIVE METHODS OF COMPLIANCE

15 WITH ENHANCED DISCLOSURE REQUIREMENTS IN

16 CERTAIN CASES.—The Secretary shall prescribe such

17 regulations as may be necessary to carry out this

18 subsection. The Secretary may—

19 ‘‘(A) prescribe alternative or simplified

20 methods of complying with paragraphs (3) and

21 (4) in situations where—

22 ‘‘(i) there is no fundamental change in

23 the manner in which the accrued benefit of

24 an applicable individual is determined

25 under the plan, and
21

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1 ‘‘(ii) such other methods are adequate

2 to reasonably inform plan participants who

3 are applicable individuals of the impact of

4 the reductions,

5 ‘‘(B) reduce the advance notice period in

6 paragraph (1)(A) from 45 days to 15 days be7 fore the effective date of the amendment for

8 cases in which compliance with the 45-day ad9 vance notice requirement would be unduly bur10 densome because the amendment is contingent

11 on a merger, acquisition, disposition, or other

12 similar transaction involving plan participants

13 who are applicable individuals or because 45

14 days advance notice is otherwise impracticable,

15 ‘‘(C) permit the comparison of benefits

16 under paragraph (3)(B)(i) to be based on a

17 form of payment other than a life annuity, or

18 ‘‘(D) specify actuarial assumptions that

19 are deemed to be reasonable for purposes of the

20 benefit comparisons under paragraph (3)(B)(i).

21 ‘‘(7) APPLICABLE INDIVIDUAL.—For purposes

22 of this subsection, the term ‘applicable individual’

23 means, with respect to any plan amendment—

24 ‘‘(A) each participant in the plan, and
22

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1 ‘‘(B) each beneficiary who is an alternate

2 payee (within the meaning of section 414(p)(8))

3 under a qualified domestic relations order

4 (within the meaning of section 414(p)(1)),

5 whose future benefit accruals under the plan may

6 reasonably be expected to be reduced by such plan

7 amendment.

8 ‘‘(8) TERMS RELATING TO PLANS.—For pur9 poses of this subsection—

10 ‘‘(A) APPLICABLE PENSION PLAN.—The

11 term ‘applicable pension plan’ means—

12 ‘‘(i) a defined benefit plan, or

13 ‘‘(ii) an individual account plan which

14 is subject to the funding standards of sec15 tion 412.

16 Such term shall not include any governmental

17 plan (within the meaning of section 414(d)) or

18 any church plan (within the meaning of section

19 414(e)) with respect to which the election pro20 vided by section 410(d) has not been made.

21 ‘‘(B) LARGE APPLICABLE PENSION

22 PLAN.—The term ‘large applicable pension

23 plan’ means an applicable pension plan which

24 had 100 or more active participants as of the

25 last day of the plan year preceding the plan
23

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1 year in which the plan amendment becomes ef2 fective.’’

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 43 of such Code is amended by adding

5 at the end the following new item:

‘‘Sec. 4980F. Failure of defined benefit plans reducing benefit accruals to satisfy notice requirements.’’

6 SEC. 4. EFFECTIVE DATES.

7 (a) IN GENERAL.—The amendments made by this

8 Act shall apply to plan amendments taking effect after the

9 date of the enactment of this Act.

10 (b) SPECIAL RULES.—

11 (1) IN GENERAL.—The amendments made by

12 this Act shall not apply to any plan amendment for

13 which there was written notice before July 12, 1999,

14 which was reasonably expected to notify substan15 tially all of the plan participants or their representa16 tives.

17 (2) TRANSITION.—Until such time as the Sec18 retary of the Treasury issues regulations under sec19 tion 4980F(e) (3) and (4) of the Internal Revenue

20 Code of 1986 and section 204(h) (3) and (4) of the

21 Employee Retirement Income Security Act of 1974

22 (as added by the amendments made by this section),

23 a plan shall be treated as meeting the requirements
24

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1 of such sections if it makes a good faith effort to

2 comply with such requirements.

3 (3) NOTICE AND INFORMATION NOT REQUIRED

4 TO BE FURNISHED BEFORE 120TH DAY AFTER EN5 ACTMENT.—The period for providing any notice or

6 information required by the amendments made by

7 this section shall not end before the date which is

8 120 days after the date of the enactment of this Act.

Æ