quirements of subsection (d). The Secretary, in the Sec-
retary’s discretion, may prescribe that the confirmation 
shall be obtained on an annual or less frequent basis, and 
may use for this purpose the annual report or quarterly 
report for employment taxes, or such other means as the 
Secretary may deem advisable. 
‘‘(d) REQUIREMENT TO PROVIDE EMPLOYEE ACCESS 
TO AUTOMATIC IRA ARRANGEMENTS.—The requirements 
of this subsection are met if the employer meets the re-
quirements of section 408B.’’. 
(g) WAIVER OF EARLY WITHDRAWAL PENALTY FOR 
CERTAIN DISTRIBUTIONS FOLLOWING INITIAL ELECTION 
TO PARTICIPATE IN AUTOMATIC IRA ARRANGEMENT.— 
Subsection (t) of section 72 is amended by adding at the 
end the following new paragraph: 
‘‘(11) 
DISTRIBUTION
FOLLOWING
INITIAL 
ELECTION TO PARTICIPATE IN AUTOMATIC IRA AR-
RANGEMENT.—Paragraph (1) shall not apply in the 
case of a distribution to a qualifying employee made 
not later than 90 days after the initial election 
under section 408B(d)(1)(B)(ii).’’. 
(h) BANKRUPTCY.—Section 522 of title 11, United 
States Code, is amended— 
(1) in subsection (d)(12) by inserting ‘‘408B,’’ 
after ‘‘408A,’’, and 
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(2) in subsection (n) by inserting ‘‘, or in an 
automatic IRA arrangement described in section 
408B,’’. 
(i) AUTOMATIC IRA ADVISORY GROUP.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary of 
the Treasury and the Secretary of Labor shall joint-
ly establish an Automatic IRA Advisory Group (in 
this subsection referred to as the ‘‘Advisory 
Group’’). The purpose of the Advisory Group shall 
be to make recommendations regarding the auto-
matic IRA investment options described in section 
408B(d)(5) of the Internal Revenue Code of 1986 
and the website described in section 408B(h)(3) of 
such Code, including, with respect to automatic IRA 
arrangements, the disclosure of information regard-
ing fees and expenses, the use of low-cost investment 
options, the appropriate use of electronic methods to 
provide notice and disclosure, and such other related 
matters as may be determined by the Secretaries. 
(2) MEMBERSHIP.—The Advisory Group shall 
consist of not more than 15 members and shall be 
composed of— 
(A) such persons as the Secretaries of the 
Treasury and Labor may consider appropriate 
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to provide expertise regarding investments for 
retirement, including providers of individual re-
tirement accounts and individual retirement an-
nuities described in section 408 or 408A of 
such Code, and 
(B) one or more representatives of the De-
partment of Labor and of the Department of 
the Treasury. 
(3) COMPENSATION.—The members of the Ad-
visory Group shall serve without compensation. 
(4) ADMINISTRATIVE
SUPPORT.—The Depart-
ment of the Treasury and the Department of Labor 
shall jointly provide appropriate administrative sup-
port to the Advisory Group, including technical as-
sistance. The Advisory Group may use the services 
and facilities of such Departments, with or without 
reimbursement, as jointly determined by such De-
partments. 
(5) REPORT BY ADVISORY GROUP.—Not later 
than 12 months after the date of the enactment of 
this Act, the Advisory Group shall submit to the 
Secretary of Labor and the Secretary of the Treas-
ury a report containing its recommendations. The 
Secretaries may request that the Advisory Group 
submit subsequent reports. 
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(j) CONFORMING AMENDMENTS.— 
(1) The table of sections for subpart A of part 
I of subchapter D of chapter 1 is amended by insert-
ing after the item relating to section 408A the fol-
lowing new item: 
‘‘Sec. 408B. Right to automatic IRA arrangements at work.’’. 
(2) The table of sections for chapter 43 is 
amended by adding at the end the following new 
item: 
‘‘Sec. 4980J. Requirements for employers to provide employees access to auto-
matic IRA arrangements.’’. 
(k) PREEMPTION OF CONFLICTING STATE LAWS.— 
The amendments made by this section shall supersede any 
law of a State that would directly or indirectly prohibit 
or restrict the establishment or operation of an automatic 
IRA arrangement meeting the requirements of section 
408B of the Internal Revenue Code of 1986. Nothing in 
such amendments shall be construed to impair or super-
sede any State law to the extent it provides a remedy for 
the failure to make payroll deposit payments under any 
such automatic IRA arrangement within the period re-
quired under such section 408B. 
(l) EFFECTIVE DATE.—The amendments made by 
this section shall apply to calendar years beginning after 
December 31, 2013. 
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SEC. 3. CREDIT FOR SMALL EMPLOYERS MAINTAINING 
AUTOMATIC IRA ARRANGEMENTS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (relating to business related cred-
its) is amended by adding at the end the following new 
section: 
‘‘SEC. 45S. SMALL EMPLOYER AUTOMATIC IRA ARRANGE-
MENT. 
‘‘(a) GENERAL RULE.—For purposes of section 38, 
in the case of an eligible employer maintaining an auto-
matic IRA arrangement meeting the requirements of sec-
tion 408B (without regard to whether the employer is re-
quired to maintain the arrangement), the small employer 
automatic IRA arrangement credit determined under this 
section for any taxable year is the amount determined 
under subsection (b). 
‘‘(b) AMOUNT OF CREDIT.— 
‘‘(1) IN GENERAL.—The amount of the credit 
determined under this section for any taxable year 
with respect to an eligible employer shall be the sum 
of— 
‘‘(A) $25 multiplied by the number of 
qualifying employees (within the meaning of 
section 408B(c)) for whom contributions are 
made under the automatic IRA arrangement re-
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ferred to in subsection (a) for the calendar year 
in which the taxable year begins, plus 
‘‘(B) $500 for the taxable year which be-
gins in the first calendar year, and $250 for the 
taxable year which begins in the second cal-
endar year, in which the eligible employer main-
tains an automatic IRA arrangement meeting 
the requirements of section 408B. 
‘‘(2) LIMITATION.—No more than 10 qualifying 
employees may be taken into account under para-
graph (1)(A) for a taxable year. 
‘‘(3) DURATION
OF
CREDIT.—The credit de-
scribed in paragraph (1)(A) shall apply only for a 
taxable year which begins in the first 6 calendar 
years in which the eligible employer maintains an 
automatic IRA arrangement meeting the require-
ments of section 408B. 
‘‘(4) COORDINATION
WITH
SMALL
EMPLOYER 
STARTUP CREDIT.— 
‘‘(A) No credit shall be allowed under this 
section to the employer for any taxable year if 
a credit is determined under section 45E with 
respect to the employer for the taxable year. 
‘‘(B) If the eligible employer maintains an 
automatic IRA arrangement meeting the re-
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(b) CREDIT ALLOWED AS PART OF GENERAL BUSI-
NESS CREDIT.—Section 38(b) (defining current year busi-
ness credit) is amended by striking ‘‘plus’’ at the end of 
paragraph (35), by striking the period at the end of para-
graph (36) and inserting ‘‘, plus’’, and by adding at the 
end the following new paragraph: 
‘‘(37) in the case of an eligible employer (as de-
fined in section 45S(c)) maintaining an automatic 
IRA arrangement meeting the requirements of sec-
tion 408B, the small employer automatic IRA ar-
rangement credit determined under section 45S(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new item: 
‘‘Sec. 45S. Small employer automatic IRA arrangement.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2013. 
SEC. 4. STUDIES. 
(a) IN GENERAL.—The Secretary of the Treasury 
and the Secretary of Labor shall jointly conduct a separate 
study of the feasibility and desirability of each of the fol-
lowing: 
(1) Extending to automatic IRA arrangements 
spousal consent requirements similar to, or based 
on, those that apply under the Federal Employees’ 
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Thrift Savings Plan, including consideration of 
whether modifications of such requirements are nec-
essary to apply them to automatic IRA arrange-
ments. 
(2) Promoting the use of low-cost annuities, 
longevity insurance, or other guaranteed lifetime in-
come arrangements in automatic IRA arrangements, 
including consideration of— 
(A) appropriate means of arranging for, or 
encouraging, individuals to receive at least a 
portion of their distributions in some form of 
low-cost guaranteed lifetime income, and 
(B) issues presented by possible additional 
differences in, or uniformity of, provisions gov-
erning different individual retirement arrange-
ments. 
(3) 
Establishing 
procedures 
under 
which 
amounts saved by employees in retirement bonds 
would be automatically transferred into alternative 
diversified investments provided by the private sector 
when employees’ automatic IRA balances reach a 
certain dollar level as well as procedures facilitating 
employees’ ability to transfer into such private sector 
investments. 
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(b) STUDY OF CONSOLIDATION OF INDIVIDUAL RE-
TIREMENT PLANS.—The Secretary of the Treasury and 
the Secretary of Labor shall jointly conduct a separate 
study of the feasibility and desirability of— 
(1) using data submitted on investments in in-
dividual retirement accounts and annuities to enable 
individuals with multiple such accounts and annu-
ities that include very small amounts to receive peri-
odic notices informing them about the location of 
these accounts and how such accounts and annuities 
might be consolidated, and 
(2) using investment arrangements associated 
with automatic IRAs to assist in addressing the 
problem of abandoned accounts. 
(c) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretaries shall 
report the results of each study conducted under this sec-
tion, together with any recommendations for legislative 
changes, to the Committees on Finance and Health, Edu-
cation, Labor, and Pensions of the Senate and the Com-
mittees on Ways and Means and Education and the Work-
force of the House of Representatives. 
Æ 
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