H. R. 2617—917 
issued by or under the laws of an Indian tribal government, 
a subdivision of such an Indian tribal government, or an 
agency or instrumentality of either.’’. 
(b) AMENDMENT OF EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974.— 
(1) 
IN
GENERAL.—Section 
206(d)(3)(B)(ii)(II) 
of 
the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1056(d)(3)(B)(ii)(II)) is amended by inserting ‘‘or Tribal’’ after 
‘‘State’’. 
(2) CONFORMING AMENDMENT.—Section 206(d)(3)(B) of such 
Act is amended by adding at the end the following flush sen-
tence: 
‘‘For purposes of clause (ii)(II), the term ‘Tribal’ with respect 
to a domestic relations law means such a law which is 
issued by or under the laws of an Indian tribal government 
(as defined in section 7701(a)(40) of the Internal Revenue 
Code of 1986), a subdivision of such an Indian tribal govern-
ment, or an agency or instrumentality of either.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to domestic relations orders received by plan administra-
tors after December 31, 2022, including any such order which 
is submitted for reconsideration after such date. 
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVE-
MENTS. 
Not later than 3 years after the date of enactment of this 
Act, the Secretary of Labor shall— 
(1) review section 2550.404a–5 of title 29, Code of Federal 
Regulations (relating to fiduciary requirements for disclosure 
in participant-directed individual account plans); 
(2) explore, through a public request for information or 
otherwise, how the contents and design of the disclosures 
described in such section may be improved to enhance partici-
pants’ understanding of fees and expenses related to a defined 
contribution plan (as defined in section 3 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1002)) as 
well as the cumulative effect of such fees and expenses on 
retirement savings over time; and 
(3) report to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education 
and Labor of the House of Representatives on the findings 
of the exploration described in paragraph (2), including bene-
ficial education for consumers on financial literacy concepts 
as related to retirement plan fees and recommendations for 
legislative changes needed to address such findings. 
SEC. 
341. 
CONSOLIDATION 
OF 
DEFINED 
CONTRIBUTION 
PLAN 
NOTICES. 
Not later than 2 years after the date of enactment of this 
Act, the Secretary of Labor and the Secretary of the Treasury 
(or such Secretaries’ delegates) shall adopt regulations providing 
that a plan (as defined in section 3 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1002)) may, but is not 
required to, consolidate 2 or more of the notices required under 
sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 
1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4)
H. R. 2617—918 
of the Internal Revenue Code of 1986 into a single notice so long 
as the combined notice— 
(1) includes the required content; 
(2) clearly identifies the issues addressed therein; 
(3) is furnished at the time and with the frequency required 
for each such notice; and 
(4) is presented in a manner that is reasonably calculated 
to be understood by the average plan participant and that 
does not obscure or fail to highlight the primary information 
required for each notice. 
This section shall not be interpreted as preventing the consolidation 
of any other notices required under the Employee Retirement 
Income Security Act of 1974, or Internal Revenue Code of 1986, 
to the extent otherwise permitted by the Secretary of Labor or 
the Secretary of the Treasury (or either such Secretary’s delegate), 
as applicable. 
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITI-
GATION. 
(a) IN GENERAL.—Part 1 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.), 
as amended by the preceding provisions of this title, is amended 
by adding at the end the following: 
‘‘SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT 
TO LUMP SUMS. 
‘‘(a) IN GENERAL.—A plan administrator of a pension plan that 
amends the plan to provide a period of time during which a partici-
pant or beneficiary may elect to receive a lump sum, instead of 
future monthly payments, shall furnish notice— 
‘‘(1) to each participant or beneficiary offered such lump 
sum amount, in the manner in which the participant and 
beneficiary receives the lump sum offer from the plan sponsor, 
not later than 90 days prior to the first day on which the 
participant or beneficiary may make an election with respect 
to such lump sum; and 
‘‘(2) to the Secretary and the Pension Benefit Guaranty 
Corporation, not later than 30 days prior to the first day 
on which participants and beneficiaries may make an election 
with respect to such lump sum. 
‘‘(b) NOTICE TO PARTICIPANTS AND BENEFICIARIES.— 
‘‘(1) CONTENT.—The notice required under subsection (a)(1) 
shall include the following: 
‘‘(A) Available benefit options, including the estimated 
monthly benefit that the participant or beneficiary would 
receive at normal retirement age, whether there is a sub-
sidized early retirement option or qualified joint and sur-
vivor annuity that is fully subsidized (in accordance with 
section 417(a)(5) of the Internal Revenue Code of 1986, 
the monthly benefit amount if payments begin immediately, 
and the lump sum amount available if the participant 
or beneficiary takes the option. 
‘‘(B) An explanation of how the lump sum was cal-
culated, including the interest rate, mortality assumptions, 
and whether any additional plan benefits were included 
in the lump sum, such as early retirement subsidies. 
‘‘(C) In a manner consistent with the manner in which 
a written explanation is required to be given under
H. R. 2617—919 
417(a)(3) of the Internal Revenue Code of 1986, the relative 
value of the lump sum option for a terminated vested 
participant compared to the value of— 
‘‘(i) the single life annuity, (or other standard form 
of benefit); and 
‘‘(ii) the qualified joint and survivor annuity (as 
defined in section 205(d)(1)); 
‘‘(D) A statement that— 
‘‘(i) a commercial annuity comparable to the 
annuity available from the plan may cost more than 
the amount of the lump sum amount, and 
‘‘(ii) it may be advisable to consult an advisor 
regarding this point if the participant or beneficiary 
is considering purchasing a commercial annuity. 
‘‘(E) The potential ramifications of accepting the lump 
sum, including longevity risks, loss of protections guaran-
teed by the Pension Benefit Guaranty Corporation (with 
an explanation of the monthly benefit amount that would 
be protected by the Pension Benefit Guaranty Corporation 
if the plan is terminated with insufficient assets to pay 
benefits), loss of protection from creditors, loss of spousal 
protections, and other protections under this Act that would 
be lost. 
‘‘(F) General tax rules related to accepting a lump 
sum, including rollover options and early distribution pen-
alties with a disclaimer that the plan does not provide 
tax, legal, or accounting advice, and a suggestion that 
participants and beneficiaries consult with their own tax, 
legal, and accounting advisors before determining whether 
to accept the offer. 
‘‘(G) How to accept or reject the offer, the deadline 
for response, and whether a spouse is required to consent 
to the election. 
‘‘(H) Contact information for the point of contact at 
the plan administrator for participants and beneficiaries 
to get more information or ask questions about the options. 
‘‘(2) PLAIN LANGUAGE.—The notice under this subsection 
shall be written in a manner calculated to be understood by 
the average plan participant. 
‘‘(3) MODEL NOTICE.—The Secretary shall issue a model 
notice for purposes of the notice under subsection (a)(1), 
including for information required under subparagraphs (C) 
through (F) of paragraph (1). 
‘‘(c) NOTICE TO THE SECRETARY AND PENSION BENEFIT GUAR-
ANTY CORPORATION.—The notice required under subsection (a)(2) 
shall include the following: 
‘‘(1) The total number of participants and beneficiaries 
eligible for such lump sum option. 
‘‘(2) The length of the limited period during which the 
lump sum is offered. 
‘‘(3) An explanation of how the lump sum was calculated, 
including the interest rate, mortality assumptions, and whether 
any additional plan benefits were included in the lump sum, 
such as early retirement subsidies. 
‘‘(4) A sample of the notice provided to participants and 
beneficiaries under subsection (a)(1), if otherwise required.
H. R. 2617—920 
‘‘(d) POST-OFFER REPORT TO THE SECRETARY AND PENSION BEN-
EFIT GUARANTY CORPORATION.—Not later than 90 days after the 
conclusion of the limited period during which participants and 
beneficiaries in a plan may accept a plan’s offer of a lump sum, 
a plan sponsor shall submit a report to the Secretary and the 
Director of the Pension Benefit Guaranty Corporation that includes 
the number of participants and beneficiaries who accepted the 
lump sum offer and such other information as the Secretary may 
require. 
‘‘(e) PUBLIC
AVAILABILITY.—The Secretary shall make the 
information provided in the notice to the Secretary required under 
subsection (a)(2) and in the post-offer reports submitted under 
subsection (d) publicly available in a form that protects the confiden-
tiality of the information provided. 
‘‘(f) BIENNIAL REPORT.—Not later than the last day of the 
second calendar year after the calendar year including the applica-
bility date of the final rules under section 342(e) of the SECURE 
2.0 Act of 2022, and every 2 years thereafter, so long as the 
Secretary has received notices and post-offer reports under sub-
sections (c) and (d) of this section, the Secretary shall submit 
to Congress a report that summarizes such notices and post-offer 
reports during the applicable reporting period. The applicable 
reporting period begins on the first day of the second calendar 
year preceding the calendar year that the report is submitted to 
Congress and ends on the last day of the calendar year preceding 
the calendar year the report is due.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1 of the Employee Retirement Income Security Act of 1974, as 
amended by the proceeding provisions of this title, is further 
amended by inserting after the item relating to section 112 the 
following new item: 
Sec. 113. Notice and disclosure requirements with respect to lump sum windows. 
(c) ENFORCEMENT.—Section 502 of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1132) is amended— 
(1) in subsection (c)(1), by striking ‘‘or section 105(a)’’ and 
inserting ‘‘, section 105(a), or section 113(a)’’; and 
(2) in subsection (a)(4), by striking ‘‘105(c)’’ and inserting 
‘‘section 105(c) or 113(a)’’. 
(d) APPLICATION.—The requirements of section 113 of the 
Employee Retirement Income Security Act of 1974, as added by 
subsection (b), shall apply beginning on the applicable effective 
date specified in the final regulations promulgated pursuant to 
subsection (e). 
(e) REGULATORY AUTHORITY.—Not earlier than 1 year after 
the date of enactment of this Act, the Secretary of Labor, in con-
sultation with the Secretary of the Treasury, shall issue regulations 
to implement section 113 of the Employee Retirement Income Secu-
rity Act of 1974, as added by subsection (a). Such regulations 
shall be applicable not earlier than the issuance of a final rule 
and not later than 1 year after issuance of a final rule. 
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES. 
(a) IN GENERAL.—Section 101(f)(2)(B) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)) is 
amended— 
(1) in clause (i)(I), by striking ‘‘funding target attainment 
percentage (as defined in section 303(d)(2))’’ and inserting
H. R. 2617—921 
‘‘percentage of plan liabilities funded (as described in clause 
(ii)(I)(bb))’’; 
(2) in clause (ii)(I)— 
(A) by striking ‘‘, a statement of’’; 
(B) by striking item (aa); 
(C) by redesignating item (bb) as item (aa); 
(D) in item (aa), as so redesignated— 
(i) by inserting ‘‘a statement of’’ before ‘‘the value’’, 
(ii) by inserting ‘‘, and for the preceding 2 plan 
years as of the last day of each such plan year,’’ before 
‘‘determined using’’, 
(iii) by striking ‘‘and’’ at the end; and 
(E) by adding at the end the following: 
‘‘(bb) for purposes of the statement in 
subparagraph (B)(i)(I), the percentage of plan 
liabilities funded, calculated as the ratio 
between the value of the plan’s assets and 
liabilities, as determined under item (aa), for 
the plan year to which the notice relates and 
for the 2 preceding plan years, and 
‘‘(cc) if the information in (aa) and (bb) 
is presented in tabular form, a statement that 
describes that in the event of a plan termi-
nation the corporation’s calculation of plan 
liabilities may be greater and that references 
the section of the notice with the information 
required under clause (x), and’’; 
(3) in clause (ii)(II), by striking ‘‘subclause (I)(bb)’’ and 
inserting ‘‘subclause (I)(aa)’’, 
(4) in clause (iii), in the matter preceding subclause (I), 
by inserting ‘‘for the plan year to which the notice relates 
as of the last day of such plan year and the preceding 2 
plan years, in tabular format,’’ after ‘‘participants’’; 
(5) in clause (iv)— 
(A) by striking ‘‘plan and the asset’’ and inserting 
‘‘plan, the asset’’; and 
(B) by inserting ‘‘, and the average return on assets 
for the plan year,’’ after ‘‘assets)’’; 
(6) by redesignating clauses (ix) through (xi) as clause 
(x) through (xii), respectively; 
(7) by inserting after clause (viii) the following: 
‘‘(ix) in the case of a single-employer plan, a state-
ment as to whether the plan’s funded status, based 
on the plan’s liabilities described under subclause (II) 
for the plan year to which the notice relates, and 
for the 2 preceding plan years, is at least 100 percent 
(and, if not, the actual percentages), that includes— 
‘‘(I) the plan’s assets, as of the last day of 
the plan year and for the 2 preceding plan years, 
as determined under clause (ii)(I)(aa), 
‘‘(II) the plan’s liabilities, as of the last day 
of the plan year and for the 2 preceding plan 
years, as determined under clause (ii)(1)(aa), and 
‘‘(III) the funded status of the plan, determined 
as the ratio of the plan’s assets and liabilities 
calculated under subclauses (I) and (II), for the
H. R. 2617—922 
plan year to which the notice relates, and for the 
2 preceding plan years,’’; and 
(8) in clause (x), as so redesignated, by striking the comma 
at the end and inserting the following: ‘‘and a statement that, 
in the case of a single-employer plan— 
‘‘(I) if plan assets are determined to be suffi-
cient to pay vested benefits that are not guaran-
teed by the Pension Benefit Guaranty Corporation, 
participants and beneficiaries may receive benefits 
in excess of the guaranteed amount, and 
‘‘(II) such a determination generally uses 
assumptions that result in a plan having a lower 
funded status as compared to the plan’s funded 
status disclosed in this notice.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to plan years beginning after December 
31, 2023. 
SEC. 344. REPORT ON POOLED EMPLOYER PLANS. 
The Secretary of Labor shall— 
(1) conduct a study on the pooled employer plan (as such 
term is defined in section 3(43) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1002(43))) industry, 
including on— 
(A) the legal name and number of pooled employer 
plans; 
(B) the number of participants in such plans; 
(C) the range of investment options provided in such 
plans; 
(D) the fees assessed in such plans; 
(E) the manner in which employers select and monitor 
such plans; 
(F) the disclosures provided to participants in such 
plans; 
(G) the number and nature of any enforcement actions 
by the Secretary of Labor on such plans; 
(H) the extent to which such plans have increased 
retirement savings coverage in the United States; and 
(I) any additional information as the Secretary deter-
mines is necessary; and 
(2) not later than 5 years after the date of enactment 
of this Act, and every 5 years thereafter, submit to Congress 
and make available on a publicly accessible website of the 
Department of Labor, a report on the findings of the study 
under paragraph (1), including recommendations on how pooled 
employer plans can be improved, through legislation, to serve 
and protect retirement plan participants. 
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS. 
(a) IN GENERAL.—Section 202(a) of the Setting Every Commu-
nity Up for Retirement Enhancement Act of 2019 (Public Law 
116–94; 26 U.S.C. 6058 note) is amended— 
(1) by striking ‘‘so that all members’’ and inserting the 
following: ‘‘so that— 
‘‘(1) all members’’; 
(2) by striking the period and inserting ‘‘; and’’; and 
(3) by adding at the end the following:
H. R. 2617—923 
‘‘(2) any opinions required by section 103(a)(3) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1023(a)(3)) shall relate only to each individual plan which would 
otherwise be subject to the requirements of such section 
103(a)(3).’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE. 
(a) DEFINITIONS.—In this section: 
(1) EXISTING
PROGRAM.—The term ‘‘existing program’’ 
means a program, designed to promote employee ownership, 
that exists on the date on which the Secretary is carrying 
out a responsibility authorized under this section. 
(2) INITIATIVE.—The term ‘‘Initiative’’ means the Employee 
Ownership Initiative established under subsection (b). 
(3) NEW PROGRAM.—The term ‘‘new program’’ means a pro-
gram, designed to promote employee ownership, that does not 
exist on the date on which the Secretary is carrying out a 
responsibility authorized under this section. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Labor. 
(5) STATE.—The term ‘‘State’’ has the meaning given the 
term under section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102). 
(b) EMPLOYEE OWNERSHIP INITIATIVE.— 
(1) ESTABLISHMENT.—The Secretary shall establish within 
the Department of Labor an Employee Ownership Initiative 
to promote employee ownership. 
(2) FUNCTIONS.—In carrying out the Initiative, the Sec-
retary shall— 
(A) support within the States existing programs 
designed to promote employee ownership; and 
(B) facilitate within the States the formation of new 
programs designed to promote employee ownership. 
(3) DUTIES.—To carry out the functions enumerated in 
paragraph (2), the Secretary shall support new programs and 
existing programs by— 
(A) making Federal grants authorized under subsection 
(d); and 
(B)(i) acting as a clearinghouse on techniques employed 
by new programs and existing programs within the States, 
and disseminating information relating to those techniques 
to the programs; or 
(ii) funding projects for information gathering on those 
techniques, and dissemination of that information to the 
programs, by groups outside the Department of Labor. 
(4) CONSULTATION WITH TREASURY.—The Secretary shall 
consult with the Secretary of the Treasury, or the Secretary’s 
delegate, in the case of any employee ownership arrangements 
or structures the administration and enforcement of which are 
within the jurisdiction of the Department of the Treasury. 
(c) PROGRAMS REGARDING EMPLOYEE OWNERSHIP.— 
(1) ESTABLISHMENT OF PROGRAM.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
establish a program to encourage new programs and existing
H. R. 2617—924 
programs within the States to foster employee ownership 
throughout the United States. 
(2) PURPOSE OF PROGRAM.—The purpose of the program 
established under paragraph (1) is to encourage new and 
existing programs within the States that focus on— 
(A) providing education and outreach to inform 
employees and employers about the possibilities and bene-
fits of employee ownership and business ownership succes-
sion planning, including providing information about finan-
cial education, employee teams, open-book management, 
and other tools that enable employees to share ideas and 
information about how their businesses can succeed; 
(B) providing technical assistance to assist employee 
efforts to become business owners, to enable employers 
and employees to explore and assess the feasibility of 
transferring full or partial ownership to employees, and 
to encourage employees and employers to start new 
employee-owned businesses; 
(C) training employees and employers with respect to 
methods of employee participation in open-book manage-
ment, work teams, committees, and other approaches for 
seeking greater employee input; and 
(D) training other entities to apply for funding under 
this subsection, to establish new programs, and to carry 
out program activities. 
(3) PROGRAM DETAILS.—The Secretary may include, in the 
program established under paragraph (1), provisions that— 
(A) in the case of activities described in paragraph 
(2)(A)— 
(i) target key groups, such as retiring business 
owners, senior managers, labor organizations, trade 
associations, community organizations, and economic 
development organizations; 
(ii) encourage cooperation in the organization of 
workshops and conferences; and 
(iii) prepare and distribute materials concerning 
employee ownership, and business ownership succes-
sion planning; 
(B) in the case of activities described in paragraph 
(2)(B)— 
(i) provide preliminary technical assistance to 
employee groups, managers, and retiring owners 
exploring the possibility of employee ownership; 
(ii) provide for the performance of preliminary fea-
sibility assessments; 
(iii) assist in the funding of objective third-party 
feasibility studies and preliminary business valuations, 
and in selecting and monitoring professionals qualified 
to conduct such studies; and 
(iv) provide a data bank to help employees find 
legal, financial, and technical advice in connection with 
business ownership; 
(C) in the case of activities described in paragraph 
(2)(C)— 
(i) provide for courses on employee participation; 
and
H. R. 2617—925 
(ii) provide for the development and fostering of 
networks of employee-owned companies to spread the 
use of successful participation techniques; and 
(D) in the case of training described in paragraph 
(2)(D)— 
(i) provide for visits to existing programs by staff 
from new programs receiving funding under this sec-
tion; and 
(ii) provide materials to be used for such training. 
(4) GUIDANCE.—The Secretary shall issue formal guidance, 
for— 
(A) recipients of grants awarded under subsection (d) 
and one-stop partners (as defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3102)) affiliated with the workforce development systems 
(as so defined) of the States, proposing that programs and 
other activities funded under this section be— 
(i) proactive in encouraging actions and activities 
that promote employee ownership of businesses; and 
(ii) comprehensive in emphasizing both employee 
ownership of businesses so as to increase productivity 
and broaden capital ownership; and 
(B) acceptable standards and procedures to establish 
good faith fair market value for shares of a business to 
be acquired by an employee stock ownership plan (as 
defined in section 407(d)(6) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1107(d)(6))). 
The guidance under subparagraph (B) shall be prescribed in 
consultation with the Secretary of the Treasury. 
(d) GRANTS.— 
(1) IN GENERAL.—In carrying out the program established 
under subsection (c), the Secretary may make grants for use 
in connection with new programs and existing programs within 
a State for any of the following activities: 
(A) Education and outreach as provided in subsection 
(c)(2)(A). 
(B) Technical assistance as provided in subsection 
(c)(2)(B). 
(C) Training activities for employees and employers 
as provided in subsection (c)(2)(C). 
(D) Activities facilitating cooperation among employee- 
owned firms. 
(E) Training as provided in subsection (c)(2)(D) for 
new programs provided by participants in existing pro-
grams dedicated to the objectives of this section, except 
that, for each fiscal year, the amount of the grants made 
for such training shall not exceed 10 percent of the total 
amount of the grants made under this section. 
(2) AMOUNTS AND CONDITIONS.—The Secretary shall deter-
mine the amount and any conditions for a grant made under 
this subsection. The amount of the grant shall be subject to 
paragraph (6), and shall reflect the capacity of the applicant 
for the grant. 
(3) APPLICATIONS.—Each entity desiring a grant under this 
subsection shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information 
as the Secretary may reasonably require.
H. R. 2617—926 
(4) STATE
APPLICATIONS.—Each State may sponsor and 
submit an application under paragraph (3) on behalf of any 
local entity consisting of a unit of State or local government, 
State-supported institution of higher education, or nonprofit 
organization, meeting the requirements of this section. 
(5) APPLICATIONS BY ENTITIES.— 
(A) ENTITY APPLICATIONS.—If a State fails to support 
or establish a program pursuant to this section during 
any fiscal year, the Secretary shall, in the subsequent 
fiscal years, allow local entities described in paragraph 
(4) from that State to make applications for grants under 
paragraph (3) on their own initiative. 
(B) APPLICATION SCREENING.—Any State failing to sup-
port or establish a program pursuant to this section during 
any fiscal year may submit applications under paragraph 
(3) in the subsequent fiscal years but may not screen 
applications by local entities described in paragraph (4) 
before submitting the applications to the Secretary. 
(6) LIMITATIONS.—A recipient of a grant made under this 
subsection shall not receive, during a fiscal year, in the aggre-
gate, more than the following amounts: 
(A) For fiscal year 2025, $300,000. 
(B) For fiscal year 2026, $330,000. 
(C) For fiscal year 2027, $363,000. 
(D) For fiscal year 2028, $399,300. 
(E) For fiscal year 2029, $439,200. 
(7) ANNUAL REPORT.—For each year, each recipient of a 
grant under this subsection shall submit to the Secretary a 
report describing how grant funds allocated pursuant to this 
subsection were expended during the 12-month period pre-
ceding the date of the submission of the report. 
(e) EVALUATIONS.—The Secretary is authorized to reserve not 
more than 10 percent of the funds appropriated for a fiscal year 
to carry out this section, for the purposes of conducting evaluations 
of the grant programs identified in subsection (d) and to provide 
related technical assistance. 
(f) REPORTING.—Not later than the expiration of the 36-month 
period following the date of enactment of this Act, the Secretary 
shall prepare and submit to Congress a report— 
(1) on progress related to employee ownership in businesses 
in the United States; and 
(2) containing an analysis of critical costs and benefits 
of activities carried out under this section. 
(g) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
for the purpose of making grants pursuant to subsection (d) 
the following: 
(A) For fiscal year 2025, $4,000,000. 
(B) For fiscal year 2026, $7,000,000. 
(C) For fiscal year 2027, $10,000,000. 
(D) For fiscal year 2028, $13,000,000. 
(E) For fiscal year 2029, $16,000,000. 
(2) ADMINISTRATIVE EXPENSES.—There are authorized to 
be appropriated for the purpose of funding the administrative 
expenses related to the Initiative— 
(A) for fiscal year 2024, $200,000, and
H. R. 2617—928 
(3) in subparagraph (D)(vii), by inserting ‘‘and before 2024’’ 
after ‘‘2019’’. 
(b) TECHNICAL AMENDMENT.—Clause (i) of section 4006(a)(3)(E) 
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1306(a)(3)(E)) is amended by striking ‘‘subparagraph (H)’’ and 
inserting ‘‘subparagraph (I)’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE 
DEFERRAL FAILURES. 
(a) IN GENERAL.—Section 414, as amended by the preceding 
provisions of this Act, is further amended by adding at the end 
the following new subsection: 
‘‘(cc) CORRECTING AUTOMATIC CONTRIBUTION ERRORS.— 
‘‘(1) IN GENERAL.—Any plan or arrangement shall not fail 
to be treated as a plan described in sections 401(a), 403(b), 
408, or 457(b), as applicable, solely by reason of a corrected 
error. 
‘‘(2) CORRECTED ERROR DEFINED.—For purposes of this sub-
section, the term ‘corrected error’ means a reasonable adminis-
trative error— 
‘‘(A)(i) made in implementing an automatic enrollment 
or automatic escalation feature with respect to an eligible 
employee (or an affirmative election made by an eligible 
employee covered by such feature), or 
‘‘(ii) made by failing to afford an eligible employee 
the opportunity to make an affirmative election because 
such employee was improperly excluded from the plan], 
and 
‘‘(B) that is corrected prospectively by implementing 
an automatic enrollment or automatic escalation feature 
with respect to an eligible employee (or an affirmative 
election made by an eligible employee) determined in 
accordance with the terms of an eligible automatic contribu-
tion arrangement (as defined under subsection (w)(3)), pro-
vided that— 
‘‘(i) such implementation error is corrected not 
later than— 
‘‘(I) the date of the first payment of compensa-
tion made by the employer to the employee on 
or after the last day of the 91⁄2 month-period after 
the end of the plan year during which such error 
with respect to the employee first occurred, or 
‘‘(II) if earlier in the case of an employee who 
notifies the plan sponsor of such error, the date 
of the first payment of compensation made by the 
employer to the employee on or after the last day 
of the month following the month in which such 
notification was made, 
‘‘(ii) in the case of an employee who would have 
been entitled to additional matching contributions had 
any missed elective deferral been made, the plan 
sponsor makes a corrective allocation, not later than 
the deadline specified by the Secretary in regulations 
or other guidance prescribed under paragraph (3), of 
matching contributions on behalf of the employee in
H. R. 2617—929 
an amount equal to the additional matching contribu-
tions to which the employee would have been so enti-
tled (adjusted to account for earnings had the missed 
elective deferrals been made). 
‘‘(iii) such implementation error is of a type which 
is so corrected for all similarly situated participants 
in a nondiscriminatory manner, 
‘‘(iv) notice of such error is given to the employee 
not later than 45 days after the date on which correct 
deferrals begin, and 
‘‘(v) the notice under clause (iv) satisfies such regu-
lations or other guidance as the Secretary prescribes 
under paragraph (4). 
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 Secretary. 
‘‘(3) NO
OBLIGATION
FOR
EMPLOYER
TO
RESTORE
MISSED 
ELECTIVE DEFERRALS.—If the requirements of paragraph (2)(B) 
are satisfied, the employer will not be required to provide 
eligible employees with the missed amount of elective deferrals 
resulting from a reasonable administrative error described in 
paragraph (2)(A)(i) or (ii) through a qualified nonelective con-
tribution, or otherwise. 
‘‘(4) REGULATIONS AND GUIDANCE FOR FAVORABLE CORREC-
TION METHODS.—The Secretary shall by regulations or other 
guidance of general applicability prescribe— 
‘‘(A) the deadline for making a corrective allocation 
of matching contributions required by paragraph (2)(B)(ii), 
‘‘(B) the content of the notice required by paragraph 
(2)(B)(iv), 
‘‘(C) the manner in which the amount of the corrective 
allocation under paragraph (2)(B)(ii) is determined, 
‘‘(D) the manner of adjustment to account for earnings 
on matching contributions under paragraph (2)(B)(ii), and 
‘‘(E) such other rules as are necessary to carry out 
the purposes of the subsection.’’. 
(b) 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 414(cc) (as added by this section) is 
after December 31, 2023. Prior to the application of any regulations 
or other guidance prescribed under paragraph (3) of section 414(cc) 
of the Internal Revenue Code of 1986 (as added by this section), 
taxpayers may rely upon their reasonable good faith interpretations 
of the provisions of such section. 
TITLE IV—TECHNICAL AMENDMENTS 
SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY 
UP FOR RETIREMENT ENHANCEMENT ACT OF 2019. 
(a) TECHNICAL AMENDMENTS.— 
(1) AMENDMENTS
RELATING
TO
SECTION
103.—Section 
401(m)(12) is amended by striking ‘‘and’’ at the end of subpara-
graph (A), by redesignating subparagraph (B) as subparagraph 
(C), and by inserting after subparagraph (A) (as so amended) 
the following new subparagraph:
H. R. 2617—930 
‘‘(B) meets the notice requirements of subsection 
(k)(13)(E), and’’. 
(2) AMENDMENTS RELATING TO SECTION 112.— 
(A) Section 401(k)(15)(B)(i)(II) is amended by striking 
‘‘subsection (m)(2)’’ and inserting ‘‘paragraphs (2), (11), and 
(12) of subsection (m)’’. 
(B) Section 401(k)(15)(B)(iii) is amended by striking 
‘‘under the arrangement’’ and inserting ‘‘under the plan’’. 
(C) Section 401(k)(15)(B)(iv) is amended by striking 
‘‘section 410(a)(1)(A)(ii)’’ and inserting ‘‘paragraph (2)(D)’’. 
(3) AMENDMENT RELATING TO SECTION 116.—Section 4973(b) 
is amended by adding at the end of the flush matter the 
following: ‘‘Such term shall not include any designated non-
deductible contribution (as defined in subparagraph (C) of sec-
tion 408(o)(2)) which does not exceed the nondeductible limit 
under subparagraph (B) thereof by reason of an election under 
section 408(o)(5).’’. 
(b) CLERICAL AMENDMENTS.— 
(1) Section 72(t)(2)(H)(vi)(IV) is amended by striking 
‘‘403(b)(7)(A)(ii)’’ and inserting ‘‘ 403(b)(7)(A)(i)’’. 
(2) Section 401(k)(12)(G) is amended by striking ‘‘the 
requirements under subparagraph (A)(i)’’ and inserting ‘‘the 
contribution requirements under subparagraph (B) or (C)’’. 
(3) Section 401(k)(13)(D)(iv) is amended by striking ‘‘and 
(F)’’ and inserting ‘‘and (G)’’. 
(4) Section 408(o)(5)(A) is amended by striking ‘‘subsection 
(b)’’ and inserting ‘‘section 219(b)’’. 
(5) Section 408A(c)(2)(A) is amended by striking ‘‘(d)(1) 
or’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if included in the section of the Setting Every 
Community Up for Retirement Enhancement Act of 2019 to which 
the amendment relates. 
TITLE V—ADMINISTRATIVE 
PROVISIONS 
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS. 
(a) IN GENERAL.—If this section applies to any retirement plan 
or contract amendment— 
(1) 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 (b)(2)(A); and 
(2) except as provided by the Secretary of the Treasury 
(or the Secretary’s delegate), such retirement plan shall not 
fail to meet the requirements of section 411(d)(6) of the Internal 
Revenue Code of 1986 and section 204(g) of the Employee 
Retirement Income Security Act of 1974 by reason of such 
amendment. 
(b) AMENDMENTS TO WHICH SECTION APPLIES.— 
(1) IN GENERAL.—This section shall apply to any amend-
ment to any retirement plan or annuity contract which is 
made— 
(A) pursuant to any amendment made by this Act 
or pursuant to any regulation issued by the Secretary
H. R. 2617—931 
of the Treasury or the Secretary of Labor (or a delegate 
of either such Secretary) under this Act; and 
(B) on or before the last day of the first plan year 
beginning on or after January 1, 2025, or such later date 
as the Secretary of the Treasury may prescribe. 
In the case of a governmental plan (as defined in section 
414(d) of the Internal Revenue Code of 1986), or an applicable 
collectively bargained plan, this paragraph shall be applied 
by substituting ‘‘2027’’ for ‘‘2025’’. For purposes of the preceding 
sentence, the term ‘‘applicable collectively bargained plan’’ 
means a plan maintained pursuant to 1 or more collective 
bargaining agreements between employee representatives and 
1 or more employers ratified before the date of enactment 
of this Act. 
(2) CONDITIONS.—This section shall not apply to any 
amendment unless— 
(A) during the period— 
(i) beginning on the date the legislative or regu-
latory amendment described in paragraph (1)(A) takes 
effect (or in the case of a plan or contract amendment 
not required by such legislative or regulatory amend-
ment, the effective date specified by the plan); and 
(ii) ending on the date described in paragraph 
(1)(B) (as modified by the second sentence of paragraph 
(1)) (or, if earlier, the date the plan or contract amend-
ment is adopted), 
the plan or contract is operated as if such plan or contract 
amendment were in effect; and 
(B) such plan or contract amendment applies retro-
actively for such period. 
(c) COORDINATION WITH OTHER PROVISIONS RELATING TO PLAN 
AMENDMENTS.— 
(1) SECURE ACT.—Section 601(b)(1) of the Setting Every 
Community Up for Retirement Enhancement Act of 2019 is 
amended— 
(A) by striking ‘‘January 1, 2022’’ in subparagraph 
(B) and inserting ‘‘January 1, 2025’’, and 
(B) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in the 
flush matter at the end and inserting ‘‘substituting ‘2027’ 
for ‘2025’.’’. 
(2) CARES ACT.— 
(A) SPECIAL RULES FOR USE OF RETIREMENT FUNDS.— 
Section 2202(c)(2)(A) of the CARES Act is amended by 
striking ‘‘January 1, 2022’’ in clause (ii) and inserting 
‘‘January 1, 2025’’. 
(B) TEMPORARY
WAIVER
OF
REQUIRED
MINIMUM
DIS-
TRIBUTIONS RULES FOR CERTAIN RETIREMENT PLANS AND 
ACCOUNTS.—Section 2203(c)(2)(B)(i) of the CARES Act is 
amended— 
(i) by striking ‘‘January 1, 2022’’ in subclause (II) 
and inserting ‘‘January 1, 2025’’, and 
(ii) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in 
the flush matter at the end and inserting ‘‘substituting 
‘2027’ for ‘2025’.’’. 
(C) TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT 
OF 2020.—Section 302(d)(2)(A) of the Taxpayer Certainty 
and Disaster Tax Relief Act of 2020 is amended by striking
H. R. 2617—932 
‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January 
1, 2025’’. 
TITLE VI—REVENUE PROVISIONS 
SEC. 601. SIMPLE AND SEP ROTH IRAS. 
(a) IN GENERAL.—Section 408A is amended by striking sub-
section (f). 
(b) RULES RELATING TO SIMPLIFIED EMPLOYEE PENSIONS.— 
(1) CONTRIBUTIONS.—Section 402(h)(1) is amended by 
striking ‘‘and’’ at the end of subparagraph (A), by striking 
the period at the end of subparagraph (B) and inserting ‘‘, 
and’’, and by adding at the end the following new subparagraph: 
‘‘(C) in the case of any contributions pursuant to a 
simplified employer pension which are made to an indi-
vidual retirement plan designated as a Roth IRA, such 
contribution shall not be excludable from gross income.’’. 
(2) DISTRIBUTIONS.—Section 402(h)(3) is amended by 
inserting ‘‘(or section 408A(d) in the case of an individual retire-
ment plan designated as a Roth IRA)’’ before the period at 
the end. 
(3) ELECTION
REQUIRED.—Section 408(k) is amended by 
redesignating paragraphs (7), (8), and (9) as paragraphs (8), 
(9), and (10), respectively, and by inserting after paragraph 
(6) the following new paragraph: 
‘‘(7) ROTH CONTRIBUTION ELECTION.—An individual retire-
ment 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 (at 
such time and in such manner as the Secretary may provide).’’. 
(c) RULES RELATING TO SIMPLE RETIREMENT ACCOUNTS.— 
(1) ELECTION REQUIRED.—Section 408(p), as amended by 
the preceding provisions of this Act, is further amended by 
adding at the end the following new paragraph: 
‘‘(12) ROTH CONTRIBUTION ELECTION.—An individual retire-
ment 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 (at 
such time and in such manner as the Secretary may provide).’’. 
(2) ROLLOVERS.—Section 408A(e) is amended by adding 
at the end the following new paragraph: 
‘‘(3) SIMPLE RETIREMENT ACCOUNTS.—In the case of any 
payment or distribution out of a simple retirement account 
(as defined in section 408(p)) with respect to which an election 
has been made under section 408(p)(12) and to which 72(t)(6) 
applies, the term ‘qualified rollover contribution’ shall not 
include any payment or distribution paid into an account other 
than another simple retirement account (as so defined).’’. 
(d) 
CONFORMING
AMENDMENT.—Section 
408A(d)(2)(B) 
is 
amended by inserting ‘‘, or employer in the case of a simple retire-
ment account (as defined in section 408(p)) or simplified employee 
pension (as defined in section 408(k)),’’ after ‘‘individual’s spouse’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2022.
H. R. 2617—933 
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS. 
(a) IN GENERAL.—Section 403(b), as amended by the preceding 
provisions of this Act, is amended by adding at the end the following 
new paragraph: 
‘‘(17) SPECIAL
RULES
RELATING
TO
HARDSHIP
WITH-
DRAWALS.—For purposes of paragraphs (7) and (11)— 
‘‘(A) AMOUNTS WHICH MAY BE WITHDRAWN.—The fol-
lowing amounts may be distributed upon hardship of the 
employee: 
‘‘(i) Contributions made pursuant to a salary reduc-
tion agreement (within the meaning of section 
3121(a)(5)(D)). 
‘‘(ii) Qualified nonelective contributions (as defined 
in section 401(m)(4)(C)). 
‘‘(iii) Qualified matching contributions described 
in section 401(k)(3)(D)(ii)(I). 
‘‘(iv) Earnings on any contributions described in 
clause (i), (ii), or (iii). 
‘‘(B) 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 plan.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 403(b)(7)(A)(i)(V) is amended by striking ‘‘in 
the case of contributions made pursuant to a salary reduction 
agreement (within the meaning of section 3121(a)(5)(D))’’ and 
inserting ‘‘subject to the provisions of paragraph (17)’’. 
(2) Paragraph (11) of section 403(b), as amended by this 
Act, is further amended— 
(A) by striking ‘‘in’’ in subparagraph (B) and inserting 
‘‘subject to the provisions of paragraph (17), in’’, and 
(B) by striking the second sentence. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to plan years beginning after December 31, 2023. 
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR 
CONTRIBUTION LIMIT. 
(a) APPLICABLE EMPLOYER PLANS.—Section 414(v) is amended 
by adding at the end the following new paragraph: 
‘‘(7) CERTAIN DEFERRALS MUST BE ROTH CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(C), in the case of an eligible participant whose wages 
(as defined in section 3121(a)) for the preceding calendar 
year from the employer sponsoring the plan exceed 
$145,000, paragraph (1) shall apply only if any additional 
elective deferrals are designated Roth contributions (as 
defined in section 402A(c)(1)) made pursuant to an 
employee election. 
‘‘(B) ROTH
OPTION.—In the case of an applicable 
employer plan with respect to which subparagraph (A) 
applies to any participant for a plan year, paragraph (1) 
shall not apply to the plan unless the plan provides that 
any eligible participant may make the participant’s addi-
tional elective deferrals as designated Roth contributions. 
‘‘(C) EXCEPTION.—Subparagraph (A) shall not apply 
in the case of an applicable employer plan described in 
paragraph (6)(A)(iv).
H. R. 2617—934 
‘‘(D) ELECTION TO CHANGE DEFERRALS.—The Secretary 
may provide by regulations that an eligible participant 
may elect to change the participant’s election to make 
additional elective deferrals if the participant’s compensa-
tion is determined to exceed the limitation under subpara-
graph (A) after the election is made. 
‘‘(E) COST OF LIVING ADJUSTMENT.—In the case of a 
year beginning after December 31, 2024, the Secretary 
shall adjust annually the $145,000 amount in subpara-
graph (A) for increases in the cost-of-living at the same 
time and in the same manner as adjustments under 415(d); 
except that the base period taken into account shall be 
the calendar quarter beginning July 1, 2023, and any 
increase under this subparagraph which is not a multiple 
of $5,000 shall be rounded to the next lower multiple 
of $5,000.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 402(g)(1) is amended by striking subparagraph 
(C). 
(2) Section 457(e)(18)(A)(ii) is amended by inserting ‘‘the 
lesser of any designated Roth contributions made by the partici-
pant to the plan or’’ before ‘‘the applicable dollar amount’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2023. 
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NON-
ELECTIVE CONTRIBUTIONS AS ROTH CONTRIBUTIONS. 
(a) IN GENERAL.—Section 402A(a) is amended by redesignating 
paragraph (2) as paragraph (4), by striking ‘‘and’’ at the end of 
paragraph (1), and by inserting after paragraph (1) the following 
new paragraphs: 
‘‘(2) any designated Roth contribution which pursuant to 
the program is made by the employer on the employee’s behalf 
on account of the employee’s contribution, elective deferral, 
or (subject to the requirements of section 401(m)(13)) qualified 
student loan payment shall be treated as a matching contribu-
tion for purposes of this chapter, except that such contribution 
shall not be excludable from gross income, 
‘‘(3) any designated Roth contribution which pursuant to 
the program is made by the employer on the employee’s behalf 
and which is a nonelective contribution shall be nonforfeitable 
and shall not be excludable from gross income, and’’. 
(b) MATCHING INCLUDED
IN QUALIFIED ROTH CONTRIBUTION 
PROGRAM.—Section 402A(b)(1) is amended— 
(1) by inserting ‘‘, or to have made on the employee’s 
behalf,’’ after ‘‘elect to make’’, and 
(2) by inserting ‘‘, or of matching contributions or nonelec-
tive contributions which may otherwise be made on the 
employee’s behalf,’’ after ‘‘otherwise eligible to make’’. 
(c) DESIGNATED
ROTH
MATCHING
CONTRIBUTIONS.—Section 
402A(c)(1) is amended by inserting ‘‘, matching contribution, or 
nonelective contribution’’ after ‘‘elective deferral’’. 
(d) MATCHING CONTRIBUTION DEFINED.—Section 402A(f), as 
redesignated by this Act, is amended by adding at the end the 
following: 
‘‘(3) MATCHING CONTRIBUTION.—The term ‘matching con-
tribution’ means—
H. R. 2617—935 
‘‘(A) any matching contribution described in section 
401(m)(4)(A), and 
‘‘(B) any contribution to an eligible deferred compensa-
tion plan (as defined in section 457(b)) by an eligible 
employer described in section 457(e)(1)(A) on behalf of an 
employee and on account of such employee’s elective 
deferral under such plan, 
but only if such contribution is nonforfeitable at the time 
received.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall apply to contributions made after the date of the enactment 
of this Act. 
SEC. 605. CHARITABLE CONSERVATION EASEMENTS. 
(a) LIMITATION ON DEDUCTION.— 
(1) IN
GENERAL.—Section 170(h) is amended by adding 
at the end the following new paragraph: 
‘‘(7) LIMITATION ON DEDUCTION FOR QUALIFIED CONSERVA-
TION CONTRIBUTIONS MADE BY PASS-THROUGH ENTITIES.— 
‘‘(A) IN
GENERAL.—A contribution by a partnership 
(whether directly or as a distributive share of a contribution 
of another partnership) shall not be treated as a qualified 
conservation contribution for purposes of this section if 
the amount of such contribution exceeds 2.5 times the 
sum of each partner’s relevant basis in such partnership. 
‘‘(B) RELEVANT
BASIS.—For purposes of this para-
graph— 
‘‘(i) IN GENERAL.—The term ‘relevant basis’ means, 
with respect to any partner, the portion of such part-
ner’s modified basis in the partnership which is allo-
cable (under rules similar to the rules of section 755) 
to the portion of the real property with respect to 
which the contribution described in subparagraph (A) 
is made. 
‘‘(ii) MODIFIED BASIS.—The term ‘modified basis’ 
means, with respect to any partner, such partner’s 
adjusted basis in the partnership as determined— 
‘‘(I) 
immediately 
before 
the 
contribution 
described in subparagraph (A), 
‘‘(II) without regard to section 752, and 
‘‘(III) by the partnership after taking into 
account the adjustments described in subclauses 
(I) and (II) and such other adjustments as the 
Secretary may provide. 
‘‘(C) EXCEPTION FOR CONTRIBUTIONS OUTSIDE 3-YEAR 
HOLDING PERIOD.—Subparagraph (A) shall not apply to any 
contribution which is made at least 3 years after the latest 
of— 
‘‘(i) the last date on which the partnership that 
made such contribution acquired any portion of the 
real property with respect to which such contribution 
is made, 
‘‘(ii) the last date on which any partner in the 
partnership that made such contribution acquired any 
interest in such partnership, and
H. R. 2617—936 
‘‘(iii) if the interest in the partnership that made 
such contribution is held through 1 or more partner-
ships— 
‘‘(I) the last date on which any such partner-
ship acquired any interest in any other such part-
nership, and 
‘‘(II) the last date on which any partner in 
any such partnership acquired any interest in such 
partnership. 
‘‘(D) EXCEPTION FOR FAMILY PARTNERSHIPS.— 
‘‘(i) IN
GENERAL.—Subparagraph (A) shall not 
apply with respect to any contribution made by any 
partnership if substantially all of the partnership 
interests in such partnership are held, directly or 
indirectly, by an individual and members of the family 
of such individual. 
‘‘(ii) MEMBERS OF THE FAMILY.—For purposes of 
this subparagraph, the term ‘members of the family’ 
means, with respect to any individual— 
‘‘(I) the spouse of such individual, and 
‘‘(II) any individual who bears a relationship 
to such individual which is described in subpara-
graphs (A) through (G) of section 152(d)(2). 
‘‘(E) EXCEPTION FOR CONTRIBUTIONS TO PRESERVE CER-
TIFIED HISTORIC STRUCTURES.—Subparagraph (A) shall not 
apply to any qualified conservation contribution the con-
servation purpose of which is the preservation of any 
building which is a certified historic structure (as defined 
in paragraph (4)(C)). 
‘‘(F) APPLICATION TO OTHER PASS-THROUGH ENTITIES.— 
Except as may be otherwise provided by the Secretary, 
the rules of this paragraph shall apply to S corporations 
and other pass-through entities in the same manner as 
such rules apply to partnerships. 
‘‘(G) REGULATIONS.—The Secretary shall prescribe such 
regulations or other guidance as may be necessary or appro-
priate to carry out the purposes of this paragraph, including 
regulations or other guidance— 
‘‘(i) to require reporting, including reporting 
related to tiered partnerships and the modified basis 
of partners, and 
‘‘(ii) to prevent the avoidance of the purposes of 
this paragraph.’’. 
(2) APPLICATION OF ACCURACY-RELATED PENALTIES.— 
(A) IN
GENERAL.—Section 6662(b) is amended by 
inserting after paragraph (9) the following new paragraph: 
‘‘(10) Any disallowance of a deduction by reason of section 
170(h)(7).’’. 
(B) TREATMENT AS GROSS VALUATION MISSTATEMENT.— 
Section 6662(h)(2) is amended by striking ‘‘and’’ at the 
end of subparagraph (B), by striking the period at the 
end of subparagraph (C) and inserting ‘‘, and’’, and by 
adding at the end the following new subparagraph: 
‘‘(D) any disallowance of a deduction described in sub-
section (b)(10).’’. 
(C) 
NO
REASONABLE
CAUSE
EXCEPTION.—Section 
6664(c)(2) is amended by inserting ‘‘or to any disallowance
H. R. 2617—937 
of a deduction described in section 6662(b)(10)’’ before the 
period at the end. 
(D) APPROVAL OF ASSESSMENT NOT REQUIRED.—Section 
6751(b)(2)(A) is amended by striking ‘‘subsection (b)(9)’’ 
and inserting ‘‘paragraph (9) or (10) of subsection (b)’’. 
(3) EXTENSION
OF
STATUTE
OF
LIMITATIONS
FOR
LISTED 
TRANSACTIONS.—Any contribution with respect to which any 
deduction was disallowed by reason of section 170(h)(7) of the 
Internal Revenue Code of 1986 (as added by this subsection) 
shall be treated for purposes of sections 6501(c)(10) and 
6235(c)(6) of such Code as a transaction specifically identified 
by the Secretary as a tax avoidance transaction for purposes 
of section 6011 of such Code. 
(b) REPORTING REQUIREMENTS.—Section 170(f) is amended by 
adding at the end the following new paragraph: 
‘‘(19) CERTAIN QUALIFIED CONSERVATION CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—In the case of a qualified conserva-
tion contribution to which this paragraph applies, no deduc-
tion shall be allowed under subsection (a) for such contribu-
tion unless the partnership making such contribution— 
‘‘(i) includes on its return for the taxable year 
in which the contribution is made a statement that 
the partnership made such a contribution, and 
‘‘(ii) provides such information about the contribu-
tion as the Secretary may require. 
‘‘(B) CONTRIBUTIONS
TO
WHICH
THIS
PARAGRAPH 
APPLIES.—This paragraph shall apply to any qualified con-
servation contribution— 
‘‘(i) the conservation purpose of which is the 
preservation of any building which is a certified historic 
structure (as defined in subsection (h)(4)(C)), 
‘‘(ii) which is made by a partnership (whether 
directly or as a distributive share of a contribution 
of another partnership), and 
‘‘(iii) the amount of which exceeds 2.5 times the 
sum of each partner’s relevant basis (as defined in 
subsection (h)(7)) in the partnership making the con-
tribution. 
‘‘(C) APPLICATION TO OTHER PASS-THROUGH ENTITIES.— 
Except as may be otherwise provided by the Secretary, 
the rules of this paragraph shall apply to S corporations 
and other pass-through entities in the same manner as 
such rules apply to partnerships.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to contributions made after the date of the enact-
ment of this Act. 
(2) NO INFERENCE.—No inference is intended as to the 
appropriate treatment of contributions made in taxable years 
ending on or before the date specified in paragraph (1), or 
as to any contribution for which a deduction is not disallowed 
by reason of section 170(h)(7) of the Internal Revenue Code 
of 1986, as added by this section. 
(d) SAFE HARBORS AND OPPORTUNITY FOR DONOR TO CORRECT 
CERTAIN DEED ERRORS.— 
(1) IN GENERAL.—The Secretary of the Treasury (or such 
Secretary’s delegate) shall, within 120 days after the date of
H. R. 2617—938 
the enactment of this Act, publish safe harbor deed language 
for extinguishment clauses and boundary line adjustments. 
(2) OPPORTUNITY TO CORRECT.— 
(A) IN GENERAL.—During the 90-day period beginning 
on the date of publication of the safe harbor deed language 
under paragraph (1), a donor may amend an easement 
deed to substitute the safe harbor language for the cor-
responding language in the original deed if— 
(i) the amended deed is signed by the donor and 
donee and recorded within such 90-day period, and 
(ii) such amendment is treated as effective as of 
the date of the recording of the original easement 
deed. 
(B) EXCEPTIONS.—Subparagraph (A) shall not apply 
to an easement deed relating to any contribution— 
(i) which— 
(I) is part of a reportable transaction (as 
defined in section 6707A(c)(1) of the Internal Rev-
enue Code of 1986), or 
(II) is described in Internal Revenue Service 
Notice 2017–10, 
(ii) which by reason of section 170(h)(7) of such 
Code, as added by this section, is not treated as a 
qualified conservation contribution, 
(iii) if a deduction for such contribution under sec-
tion 170 of such Code has been disallowed by the 
Secretary of the Treasury (or such Secretary’s dele-
gate), and the donor is contesting such disallowance 
in a case which is docketed in a Federal court on 
a date before the date the amended deed is recorded 
by the donor, or 
(iv) if a claimed deduction for such contribution 
under section 170 of such Code resulted in an under-
payment to which a penalty under section 6662 or 
6663 of such Code applies and— 
(I) such penalty has been finally determined 
administratively, or 
(II) if such penalty is challenged in court, the 
judicial proceeding with respect to such penalty 
has been concluded by a decision or judgment 
which has become final. 
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS. 
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.— 
(1) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS 
TO RETIREE HEALTH ACCOUNTS.—Paragraph (4) of section 420(b) 
is amended by striking ‘‘December 31, 2025’’ and inserting 
‘‘December 31, 2032’’. 
(2) DE MINIMIS TRANSFER RULE.— 
(A) IN
GENERAL.—Subsection (e) of section 420 is 
amended by adding at the end the following new paragraph: 
‘‘(7) SPECIAL RULE FOR DE MINIMIS TRANSFERS.— 
‘‘(A) IN
GENERAL.—In the case of a transfer of an 
amount which is not more than 1.75 percent of the amount 
determined under paragraph (2)(A) by a plan which meets 
the requirements of subparagraph (B), paragraph (2)(B)
H. R. 2617—939 
shall be applied by substituting ‘110 percent’ for ‘125 per-
cent’. 
‘‘(B) TWO-YEAR
LOOKBACK
REQUIREMENT.—A plan is 
described in this subparagraph if, as of any valuation date 
in each of the 2 plan years immediately preceding the 
plan year in which the transfer occurs, the amount deter-
mined under paragraph (2)(A) exceeded 110 percent of 
the sum of the funding target and the target normal cost 
determined under section 430 for each such plan year.’’. 
(B) COST MAINTENANCE PERIOD.—Subparagraph (D) of 
section 420(c)(3) is amended by striking ‘‘5 taxable years’’ 
and inserting ‘‘5 taxable years (7 taxable years in the 
case of a transfer to which subsection (e)(7) applies)’’. 
(C) CONFORMING AMENDMENTS.— 
(i) EXCESS PENSION ASSETS.—Clause (i) of section 
420(f)(2)(B) is amended— 
(I) by striking ‘‘IN GENERAL.—In’’ and inserting 
‘‘IN GENERAL.— 
‘‘(I) DETERMINATION.—In’’, 
(II) 
by 
striking 
‘‘subsection 
(e)(2)’’ 
and 
inserting ‘‘subsection (e)(2)(B)’’, and 
(III) by adding at the end the following new 
subclause: 
‘‘(II) SPECIAL
RULE
FOR
COLLECTIVELY
BAR-
GAINED TRANSFERS.—In determining excess pen-
sion assets for purposes of a collectively bargained 
transfer, subsection (e)(7) shall not apply.’’. 
(ii) MINIMUM
COST.—Subclause (I) of section 
420(f)(2)(D)(i) is amended by striking ‘‘4th year’’ and 
inserting ‘‘4th year (the 6th year in the case of a 
transfer to which subsection (e)(7) applies)’’. 
(b) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO 
RETIREE HEALTH ACCOUNTS UNDER EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.— 
(1) DEFINITIONS.—Section 101(e)(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is 
amended by striking ‘‘(as in effect on the date of the enactment 
of the Surface Transportation and Veterans Health Care Choice 
Improvement Act of 2015)’’ and inserting ‘‘(as in effect on the 
date of enactment of the SECURE 2.0 Act of 2022)’’. 
(2) USE
OF
ASSETS.—Section 403(c)(1) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) 
is amended by striking ‘‘(as in effect on the date of the enact-
ment of the Surface Transportation and Veterans Health Care 
Choice Improvement Act of 2015)’’ and inserting ‘‘(as in effect 
on the date of enactment of the SECURE 2.0 Act of 2022)’’. 
(3) EXEMPTION.—Section 408(b)(13) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1108(b)(13)) is 
amended— 
(A) by striking ‘‘January 1, 2026’’ and inserting 
‘‘January 1, 2033’’; and 
(B) by striking ‘‘(as in effect on the date of the enact-
ment of the Surface Transportation and Veterans Health 
Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as 
in effect on the date of enactment of the SECURE 2.0 
Act of 2022)’’.
H. R. 2617—940 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply to transfers made after the date of the enactment 
of this Act. 
TITLE VII—TAX COURT RETIREMENT 
PROVISIONS 
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT. 
(a) THRIFT SAVINGS PLAN CONTRIBUTIONS FOR JUDGES IN THE 
FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 
(1) IN
GENERAL.—Subsection (j)(3)(B) of section 7447 is 
amended to read as follows: 
‘‘(B) CONTRIBUTIONS FOR BENEFIT OF JUDGE.—No con-
tributions under section 8432(c) of title 5, United States 
Code, shall be made for the benefit of a judge who has 
filed an election to receive retired pay under subsection 
(e).’’. 
(2) OFFSET.—Paragraph (3) of section 7447(j) is amended 
by adding at the end the following new subparagraph: 
‘‘(F) OFFSET.—In the case of a judge who receives a 
distribution from the Thrift Savings Plan and who later 
receives retired pay under subsection (d), the retired pay 
shall be offset by an amount equal to the amount of the 
distribution which represents the Government’s contribu-
tion to the individual’s Thrift Savings Account during years 
of service as a full-time judicial officer under the Federal 
Employees Retirement System, without regard to earnings 
attributable to such amount. Where such an offset would 
exceed 50 percent of the retired pay to be received in 
the first year, the offset may be divided equally over the 
first 2 years in which the individual receives the annuity.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to basic pay earned while serving as a 
judge of the United States Tax Court on or after the date 
of the enactment of this Act. 
(b) CHANGE IN VESTING PERIOD FOR SURVIVOR ANNUITIES AND 
WAIVER OF VESTING PERIOD IN THE EVENT OF ASSASSINATION.— 
(1) ELIGIBILITY IN CASE OF DEATH.—Subsection (h) of section 
7448 is amended to read as follows: 
‘‘(h) ENTITLEMENT TO ANNUITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ANNUITY
TO
SURVIVING
SPOUSE.—If a judge or 
special trial judge described in paragraph (2) is survived 
by a surviving spouse but not by a dependent child, there 
shall be paid to such surviving spouse an annuity beginning 
with the day of the death of the judge or special trial 
judge or following the surviving spouse’s attainment of 
age 50, whichever is the later, in an amount computed 
as provided in subsection (m). 
‘‘(B) ANNUITY
TO
SURVIVING
SPOUSE
AND
CHILD.—If 
a judge or special trial judge described in paragraph (2) 
is survived by a surviving spouse and dependent child 
or children, there shall be paid to such surviving spouse 
an annuity, beginning on the day of the death of the 
judge or special trial judge, in an amount computed as 
provided in subsection (m), and there shall also be paid
H. R. 2617—941 
to or on behalf of each such child an immediate annuity 
equal to the lesser of— 
‘‘(i) 10 percent of the average annual salary of 
such judge or special trial judge (determined in accord-
ance with subsection (m)), or 
‘‘(ii) 20 percent of such average annual salary, 
divided by the number of such children. 
‘‘(C) ANNUITY TO SURVIVING DEPENDENT CHILDREN.— 
If a judge or special trial judge described in paragraph 
(2) leaves no surviving spouse but leaves a surviving 
dependent child or children, there shall be paid to or on 
behalf of each such child an immediate annuity equal to 
the lesser of— 
‘‘(i) 20 percent of the average annual salary of 
such judge or special trial judge (determined in accord-
ance with subsection (m)), or 
‘‘(ii) 40 percent of such average annual salary 
divided by the number of such children. 
‘‘(2) COVERED JUDGES.—Paragraph (1) applies to any judge 
or special trial judge electing under subsection (b)— 
‘‘(A) who dies while a judge or special trial judge after 
having rendered at least 18 months of civilian service com-
puted as prescribed in subsection (n), for the last 18 months 
of which the salary deductions provided for by subsection 
(c)(1) or the deposits required by subsection (d) have actu-
ally been made or the salary deductions required by the 
civil service retirement laws have actually been made, or 
‘‘(B) who dies by assassination after having rendered 
less than 18 months of civilian service computed as pre-
scribed in subsection (n) if, for the period of such service, 
the salary deductions provided for by subsection (c)(1) or 
the deposits required by subsection (d) have actually been 
made. 
‘‘(3) TERMINATION OF ANNUITY.— 
‘‘(A) SURVIVING
SPOUSE.—The annuity payable to a 
surviving spouse under this subsection shall be terminable 
upon such surviving spouse’s death or such surviving 
spouse’s remarriage before attaining age 55. 
‘‘(B) SURVIVING CHILD.—Any annuity payable to a child 
under this subsection shall be terminable upon the earliest 
of— 
‘‘(i) the child’s attainment of age 18, 
‘‘(ii) the child’s marriage, or 
‘‘(iii) the child’s death, 
except that if such child is incapable of self-support by 
reason of mental or physical disability the child’s annuity 
shall be terminable only upon death, marriage, or recovery 
from such disability. 
‘‘(C) DEPENDENT
CHILD
AFTER
DEATH
OF
SURVIVING 
SPOUSE.—In case of the death of a surviving spouse of 
a judge or special trial judge leaving a dependent child 
or children of the judge or special trial judge surviving 
such spouse, the annuity of such child or children shall 
be recomputed and paid as provided in paragraph (1)(C). 
‘‘(D) 
RECOMPUTATION
WITH
RESPECT
TO
OTHER 
DEPENDENT CHILDREN.—In any case in which the annuity 
of a dependent child is terminated under this subsection,
H. R. 2617—942 
the annuities of any remaining dependent child or children 
based upon the service of the same judge or special trial 
judge shall be recomputed and paid as though the child 
whose annuity was so terminated had not survived such 
judge. 
‘‘(E) SPECIAL RULE FOR ASSASSINATED JUDGES.—In the 
case of a survivor of a judge or special trial judge described 
in paragraph (2)(B), there shall be deducted from the annu-
ities otherwise payable under this section an amount equal 
to the amount of salary deductions that would have been 
made if such deductions had been made for 18 months 
prior to the death of the judge or special trial judge.’’. 
(2) DEFINITION
OF
ASSASSINATION.—Section 7448(a) is 
amended by adding at the end the following new paragraph: 
‘‘(10) The terms ‘assassinated’ and ‘assassination’ mean 
the killing of a judge or special trial judge that is motivated 
by the performance by the judge or special trial judge of his 
or her official duties.’’. 
(3) DETERMINATION OF ASSASSINATION.—Subsection (i) of 
section 7448 is amended— 
(A) by striking ‘‘OF DEPENDENCY
AND DISABILITY.— 
Questions’’ and inserting ‘‘BY CHIEF JUDGE.— 
‘‘(1) DEPENDENCY AND DISABILITY.—Questions’’, and 
(B) by adding at the end the following new paragraph: 
‘‘(2) ASSASSINATION.—The chief judge shall determine 
whether the killing of a judge or special trial judge was an 
assassination, subject to review only by the Tax Court. The 
head of any Federal agency that investigates the killing of 
a judge or special trial judge shall provide to the chief judge 
any information that would assist the chief judge in making 
such a determination.’’. 
(4) COMPUTATION
OF
ANNUITIES.—Section 7448(m) is 
amended to read as follows: 
‘‘(m) COMPUTATION OF ANNUITIES.—The annuity of the sur-
viving spouse of a judge or special trial judge electing under sub-
section (b) shall be an amount equal to the sum of— 
‘‘(1) the product of— 
‘‘(A) 1.5 percent of the average annual salary (whether 
judge’s or special trial judge’s salary or compensation for 
other allowable service) received by such judge or special 
trial judge— 
‘‘(i) for judicial service (including periods in which 
he received retired pay under section 7447(d), section 
7447A(d), or any annuity under chapter 83 or 84 of 
title 5, United States Code) or for any other prior 
allowable service during the period of 3 consecutive 
years in which such judge or special trial judge received 
the largest such average annual salary, or 
‘‘(ii) in the case of a judge or special trial judge 
who has served less than 3 years, during the total 
period of such service prior to such judge’s or special 
trial judge’s death, multiplied by the sum of, multiplied 
by 
‘‘(B) the sum of— 
‘‘(i) the judge’s or special trial judge’s years of 
such judicial service,
H. R. 2617—943 
‘‘(ii) the judge’s or special trial judge’s years of 
prior allowable service as a Senator, Representative, 
Delegate, or Resident Commissioner in Congress, 
‘‘(iii) the judge’s or special trial judge’s years of 
prior allowable service performed as a member of the 
Armed Forces of the United States, and 
‘‘(iv) the judge’s or special trial judge’s years, not 
exceeding 15, of prior allowable service performed as 
a congressional employee (as defined in section 2107 
of title 5 of the United States Code), plus 
‘‘(2) three-fourths of 1 percent of such average annual salary 
multiplied by the judge’s years of any other prior allowable 
service, 
except that such annuity shall not exceed an amount equal to 
50 percent of such average annual salary, nor be less than an 
amount equal to 25 percent of such average annual salary, and 
shall be further reduced in accordance with subsection (d) (if 
applicable). In determining the period of 3 consecutive years 
referred to in the preceding sentence, there may not be taken 
into account any period for which an election under section 
7447(f)(4) is in effect.’’. 
(5) OTHER BENEFITS.—Section 7448 is amended by adding 
at the end the following new subsection: 
‘‘(u) OTHER BENEFITS IN CASE OF ASSASSINATION.—In the case 
of a judge or special trial judge who is assassinated, an annuity 
shall be paid under this section notwithstanding a survivor’s eligi-
bility for or receipt of benefits under chapter 81 of title 5, United 
States Code, except that the annuity for which a surviving spouse 
is eligible under this section shall be reduced to the extent that 
the total benefits paid under this section and chapter 81 of that 
title for any year would exceed the current salary for that year 
of the office of the judge or special trial judge.’’. 
(c) COORDINATION
OF RETIREMENT
AND SURVIVOR ANNUITY 
WITH THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 
(1) RETIREMENT.—Section 7447 is amended— 
(A) by striking ‘‘section 8331(8)’’ in subsection (g)(2)(C) 
and inserting ‘‘sections 8331(8) and 8401(19)’’, and 
(B) by striking ‘‘Civil Service Commission’’ both places 
it appears in subsection (i)(2) and inserting ‘‘Office of Per-
sonnel Management’’. 
(2) ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHIL-
DREN.—Section 7448 is amended— 
(A) by striking ‘‘section 8332’’ in subsection (d) and 
inserting ‘‘sections 8332 and 8411’’, and 
(B) by striking ‘‘section 8332’’ in subsection (n) and 
inserting ‘‘sections 8332 and 8411’’. 
(d) LIMIT ON TEACHING COMPENSATION OF RETIRED JUDGES.— 
(1) IN GENERAL.—Section 7447 is amended by adding at 
the end the following new subsection: 
‘‘(k) TEACHING COMPENSATION OF RETIRED JUDGES.—For pur-
poses of the limitation under section 501(a) of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.), any compensation for teaching 
approved under section 502(a)(5) of such Act shall not be treated 
as outside earned income when received by a judge of the United 
States Tax Court who has retired under subsection (b) for teaching 
performed during any calendar year for which such a judge has
H. R. 2617—944 
met the requirements of subsection (c), as certified by the chief 
judge, or has retired under subsection (b)(4).’’. 
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to any individual serving as a retired judge 
of the United States Tax Court on or after the date of the 
enactment of this Act. 
(e) EFFECTIVE DATE.—Except as otherwise provided, the amend-
ments made by this section shall take effect on the date of the 
enactment of this Act. 
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE 
TAX COURT. 
(a) RETIREMENT
AND RECALL
FOR SPECIAL TRIAL JUDGES.— 
Part I of subchapter C of chapter 76 is amended by inserting 
after section 7447 the following new section: 
‘‘SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES. 
‘‘(a) IN GENERAL.— 
‘‘(1) RETIREMENT.—Any special trial judge appointed pursu-
ant to section 7443A may retire from service as a special 
trial judge if the individual meets the age and service require-
ments set forth in the following table: 
‘‘If the special trial judge has attained age: 
And the years of service as a special 
trial judge are at least: 
65 15 
66 14 
67 13 
68 12 
69 11 
70 10. 
‘‘(2) LENGTH OF SERVICE.—In making any determination 
of length of service as a special trial judge there shall be 
included all periods (whether or not consecutive) during which 
an individual served as a special trial judge 
‘‘(b) RETIREMENT UPON DISABILITY.—Any special trial judge 
appointed pursuant to section 7443A who becomes permanently 
disabled from performing such individual’s duties shall retire from 
service as a special trial judge. 
‘‘(c) RECALLING OF RETIRED SPECIAL TRIAL JUDGES.—Any indi-
vidual who has retired pursuant to subsection (a) may be called 
upon by the chief judge to perform such judicial duties with the 
Tax Court as may be requested of such individual for a period 
or periods specified by the chief judge, except that in the case 
of any such individual— 
‘‘(1) the aggregate of such periods in any 1 calendar year 
shall not (without the consent of such individual) exceed 90 
calendar days, and 
‘‘(2) such individual shall be relieved of performing such 
duties during any period in which illness or disability precludes 
the performance of such duties. 
Any act, or failure to act, by an individual performing judicial 
duties pursuant to this subsection shall have the same force and 
effect as if it were the act (or failure to act) of a special trial 
judge. Any individual who is performing judicial duties pursuant 
to this subsection shall be paid the same compensation (in lieu
H. R. 2617—945 
of retired pay) and allowances for travel and other expenses as 
a special trial judge. 
‘‘(d) RETIRED PAY.— 
‘‘(1) IN
GENERAL.—Any individual who retires pursuant 
to subsection (a) and elects under subsection (e) to receive 
retired pay under this subsection shall receive retired pay 
during any period of retirement from service as a special trial 
judge at a rate which bears the same ratio to the rate of 
the salary payable to a special trial judge during such period 
as— 
‘‘(A) the number of years such individual has served 
as special trial judge bears to, 
‘‘(B) 15, 
except that the rate of such retired pay shall not be more 
than the rate of such salary for such period. 
‘‘(2) RETIREMENT
UPON
DISABILITY.—Any individual who 
retires pursuant to subsection (b) and elects under subsection 
(e) to receive retired pay under this subsection shall receive 
retired pay during any period of retirement from service as 
a special trial judge— 
‘‘(A) at a rate equal to the rate of the salary payable 
to a special trial judge during such period, if the individual 
had at least 10 years of service as a special trial judge 
before retirement, and 
‘‘(B) at a rate equal to 1⁄2 the rate described in subpara-
graph (A), if the individual had fewer than 10 years of 
service as a special trial judge before retirement. 
‘‘(3) BEGINNING DATE AND PAYMENT.—Retired pay under 
this subsection shall begin to accrue on the day following the 
date on which the individual’s salary as a special trial judge 
ceases to accrue, and shall continue to accrue during the 
remainder of such individual’s life. Retired pay under this 
subsection shall be paid in the same manner as the salary 
of a special trial judge. 
‘‘(4) PARTIAL YEARS.—In computing the rate of the retired 
pay for an individual to whom paragraph (1) applies, any por-
tion of the aggregate number of years such individual has 
served as a special trial judge which is a fractional part of 
1 year shall be eliminated if it is less than 6 months, or 
shall be counted as a full year if it is 6 months or more. 
‘‘(5) RECALLED
SERVICE.—In computing the rate of the 
retired pay for an individual to whom paragraph (1) applies, 
any period during which such individual performs services 
under subsection (c) on a substantially full-time basis shall 
be treated as a period during which such individual has served 
as a special trial judge. 
‘‘(e) ELECTION
TO RECEIVE RETIRED PAY.—Any special trial 
judge may elect to receive retired pay under subsection (d). Such 
an election— 
‘‘(1) may be made only while an individual is a special 
trial judge (except that in the case of an individual who fails 
to be reappointed as a special trial judge, such election may 
be made within 60 days after such individual leaves office 
as a special trial judge), 
‘‘(2) once made, shall be irrevocable, and 
‘‘(3) shall be made by filing notice thereof in writing with 
the chief judge.
H. R. 2617—946 
The chief judge shall transmit to the Office of Personnel Manage-
ment a copy of each notice filed with the chief judge under this 
subsection. 
‘‘(f) OTHER RULES MADE APPLICABLE.—The rules of subsections 
(f), (g), (h)(2), (i), and (j), and the first sentence of subsection 
(h)(1), of section 7447 shall apply to a special trial judge in the 
same manner as a judge of the Tax Court. For purposes of the 
preceding sentence, any reference to the President in such sub-
sections shall be applied as if it were a reference to the chief 
judge.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 3121(b)(5)(E) is amended by inserting ‘‘or special 
trial judge’’ before ‘‘of the United States Tax Court’’. 
(2) Section 7448(b)(2) is amended to read as follows: 
‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial judge may 
by written election filed with the chief judge elect the applica-
tion of this section. Such election shall be filed while such 
individual is a special trial judge.’’. 
(3) Section 210(a)(5)(E) of the Social Security Act (42 U.S.C. 
410(a)(5)(E)) is amended by inserting ‘‘or special trial judge’’ 
before ‘‘of the United States Tax Court’’. 
(c) CLERICAL AMENDMENT.—The table of sections for part I 
of subchapter C of chapter 76 is amended by inserting after the 
item relating to section 7447 the following new item: 
‘‘Sec. 7447A. Retirement for special trial judges.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, except 
that section 7447A(e) of the Internal Revenue Code of 1986 (as 
added by this section) shall take effect on the date that is 180 
days after such date of enactment. Special trial judges retiring 
on or after the date of the enactment of this Act, and before 
the date that is 180 days after the date of such enactment, may 
file an election under such section not later than 60 days after 
such date. 
DIVISION 
U—JOSEPH 
MAXWELL 
CLELAND AND ROBERT JOSEPH DOLE 
MEMORIAL VETERANS BENEFITS AND 
HEALTH CARE IMPROVEMENT ACT OF 
2022 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the ‘‘Joseph 
Maxwell Cleland and Robert Joseph Dole Memorial Veterans Bene-
fits and Health Care Improvement Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for this division 
is as follows: 
DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE 
MEMORIAL VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT 
ACT OF 2022 
Sec. 1. Short title; table of contents.
H. R. 2617—947 
TITLE I—HEALTH CARE MATTERS 
Subtitle A—Access to Care 
Sec. 101. Expansion of eligibility for hospital care, medical services, and nursing 
home care from the Department of Veterans Affairs to include veterans 
of World War II. 
Sec. 102. Department of Veterans Affairs treatment and research of prostate can-
cer. 
Subtitle B—Health Care Employees 
Sec. 111. Third party review of appointees in Veterans Health Administration who 
had a license terminated for cause and notice to individuals treated by 
those appointees if determined that an episode of care or services that 
they received was below the standard of care. 
Sec. 112. Compliance with requirements for examining qualifications and clinical 
abilities of health care professionals of Department of Veterans Affairs. 
Subtitle C—Care From Non-Department of Veterans Affairs Providers 
CHAPTER 1—WAIT TIMES FOR CARE 
Sec. 121. Calculation of wait time for purposes of eligibility under Veterans Com-
munity Care Program. 
Sec. 122. Plan regarding informing veterans of expected wait times for appoint-
ments for care. 
CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE 
Sec. 125. Modifications to access standards for care furnished through Community 
Care Program of Department of Veterans Affairs. 
Sec. 126. Strategic plan to ensure continuity of care in the case of the realignment 
of a medical facility of the Department. 
CHAPTER 3—COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM 
Sec. 131. Definitions. 
Sec. 132. Pilot program establishing community care appointment self-scheduling 
technology. 
Sec. 133. Appointment self-scheduling capabilities. 
Sec. 134. Report. 
CHAPTER 4—ADMINISTRATION OF NON-DEPARTMENT CARE 
Sec. 141. Credentialing verification requirements for providers of non-Department 
of Veterans Affairs health care services. 
Sec. 142. Claims for payment from Department of Veterans Affairs for emergency 
treatment furnished to veterans. 
Sec. 143. Publication of clarifying information for non-Department of Veterans Af-
fairs providers. 
Sec. 144. Inapplicability of certain providers to provide non-Department of Vet-
erans Affairs care. 
Subtitle D—Improvement of Rural Health and Telehealth 
Sec. 151. Establishment of strategic plan requirement for Office of Connected Care 
of Department of Veterans Affairs. 
Sec. 152. Comptroller General report on transportation services by third parties for 
rural veterans. 
Sec. 153. Comptroller General report on telehealth services of the Department of 
Veterans Affairs. 
Subtitle E—Care for Aging Veterans 
Sec. 161. Strategy for long-term care for aging veterans. 
Sec. 162. Improvement of State veterans homes. 
Sec. 163. Geriatric psychiatry pilot program at State veterans homes. 
Sec. 164. Support for aging veterans at risk of or experiencing homelessness. 
Sec. 165. Secretary of Veterans Affairs contract authority for payment of care for 
veterans in non-Department of Veterans Affairs medical foster homes. 
Subtitle F—Foreign Medical Program 
Sec. 171. Analysis of feasibility and advisability of expanding assistance and sup-
port to caregivers to include caregivers of veterans in the Republic of the 
Philippines. 
Sec. 172. Comptroller General report on Foreign Medical Program of Department 
of Veterans Affairs.
H. R. 2617—948 
Subtitle G—Research Matters 
Sec. 181. Inapplicability of Paperwork Reduction Act. 
Sec. 182. Research and Development. 
Sec. 183. Expansion of hiring authorities for certain classes of research occupations. 
Sec. 184. Comptroller General study on dedicated research time for certain per-
sonnel of the Department of Veterans Affairs. 
Subtitle H—Mental Health Care 
Sec. 191. Analysis of feasibility and advisability of Department of Veterans Affairs 
providing evidence-based treatments for the diagnosis of treatment-re-
sistant depression. 
Sec. 192. Modification of resource allocation system to include peer specialists. 
Sec. 193. Gap analysis of psychotherapeutic interventions of the Department of 
Veterans Affairs. 
Sec. 193A. Prohibition on collection of copayments for first three mental health care 
outpatient visits of veterans. 
Subtitle I—Other Matters 
Sec. 194. Requirement for ongoing independent assessments of health care delivery 
systems and management processes of the Department of Veterans Af-
fairs. 
Sec. 195. Improved transparency of, access to, and usability of data provided by De-
partment of Veterans Affairs. 
TITLE II—BENEFITS MATTERS 
Subtitle A—Benefits Generally 
Sec. 201. Improvements to process of the Department of Veterans Affairs for cloth-
ing allowance claims. 
Sec. 202. Medical opinions for certain veterans with service-connected disabilities 
who die of COVID–19. 
Sec. 203. Enhanced loan underwriting methods. 
Sec. 204. Department of Veterans Affairs loan fees. 
Subtitle B—Education 
Sec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot Program. 
Sec. 212. Education for separating members of the Armed Forces regarding reg-
istered apprenticeships. 
Sec. 213. Websites regarding apprenticeship programs. 
Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance Program of 
Department of Veterans Affairs. 
Sec. 215. Use of entitlement under Department of Veterans Affairs Survivors’ and 
Dependents’ Educational Assistance Program for secondary school edu-
cation. 
Sec. 216. Establishment of protections for a member of the Armed Forces who 
leaves a course of education, paid for with certain educational assist-
ance, to perform certain service. 
Subtitle C—GI Bill National Emergency Extended Deadline Act 
Sec. 231. Short title. 
Sec. 232. Extension of time limitation for use of entitlement under Department of 
Veterans Affairs educational assistance programs by reason of school 
closures due to emergency and other situations. 
Sec. 233. Extension of period of eligibility by reason of school closures due to emer-
gency and other situations under Department of Veterans Affairs train-
ing and rehabilitation program for veterans with service-connected dis-
abilities. 
Sec. 234. Period for eligibility under Survivors’ And Dependents’ Educational As-
sistance Program of Department of Veterans Affairs. 
Subtitle D—Rural Veterans Travel Enhancement 
Sec. 241. Comptroller General of the United States report on fraud, waste, and 
abuse of the Department of Veterans Affairs beneficiary travel program. 
Sec. 242. Comptroller General study and report on effectiveness of Department of 
Veterans Affairs beneficiary travel program mileage reimbursement and 
deductible amounts. 
Sec. 243. Department of Veterans Affairs transportation pilot program for low in-
come veterans. 
Sec. 244. Pilot program for travel cost reimbursement for accessing readjustment 
counseling services.
H. R. 2617—949 
Subtitle E—VA Beneficiary Debt Collection Improvement Act 
Sec. 251. Short title. 
Sec. 252. Prohibition of debt arising from overpayment due to delay in processing 
by the Department of Veterans Affairs. 
Sec. 253. Prohibition on Department of Veterans Affairs interest and administra-
tive cost charges for debts relating to certain benefits programs. 
Sec. 254. Extension of window to request relief from recovery of debt arising under 
laws administered by the Secretary of Veterans Affairs. 
Sec. 255. Reforms relating to recovery by Department of Veterans Affairs of 
amounts owed by individuals to the United States. 
TITLE III—HOMELESSNESS MATTERS 
Sec. 301. Adjustments of grants awarded by the Secretary of Veterans Affairs for 
comprehensive service programs to serve homeless veterans. 
Sec. 302. Modifications to program to improve retention of housing by formerly 
homeless veterans and veterans at risk of becoming homeless. 
Sec. 303. Modifications to homeless veterans reintegration programs. 
Sec. 304. Expansion and extension of Department of Veterans Affairs housing as-
sistance for homeless veterans. 
Sec. 305. Training and technical assistance provided by Secretary of Veterans Af-
fairs to certain entities. 
Sec. 306. Modification of eligibility requirements for entities collaborating with the 
Secretary of Veterans Affairs to provide case management services to 
homeless veterans in the Department of Housing and Urban Develop-
ment-Department of Veterans Affairs supported housing program. 
Sec. 307. Department of Veterans Affairs sharing of information relating to coordi-
nated entry processes for housing and services operated under Depart-
ment of Housing and Urban Development Continuum of Care Program. 
Sec. 308. Department of Veterans Affairs communication with employees respon-
sible for homelessness assistance programs. 
Sec. 309. System for sharing and reporting data. 
Sec. 310. Pilot program on grants for health care for homeless veterans. 
Sec. 311. Pilot program on award of grants for substance use disorder recovery for 
homeless veterans. 
Sec. 312. Report by Comptroller General of the United States on affordable housing 
for veterans. 
Sec. 313. Study on financial and credit counseling. 
TITLE IV—OTHER MATTERS 
Sec. 401. Department of Veterans Affairs supply chain resiliency. 
Sec. 402. Improvements to equal employment opportunity functions of Department 
of Veterans Affairs. 
Sec. 403. Department of Veterans Affairs Information Technology Reform Act of 
2022. 
Sec. 404. Report on information technology dashboard information. 
Sec. 405. Improvements to transparency of law enforcement operations of Depart-
ment of Veterans Affairs. 
Sec. 406. Plan for reduction of backlog of Freedom of Information Act requests. 
Sec. 407. Medal of Honor special pension technical correction. 
Sec. 408. Imposition of cap on employees of the Department of Veterans Affairs 
who provide equal employment opportunity counseling. 
TITLE I—HEALTH CARE MATTERS 
Subtitle A—Access to Care 
SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL 
SERVICES, AND NURSING HOME CARE FROM THE DEPART-
MENT OF VETERANS AFFAIRS TO INCLUDE VETERANS OF 
WORLD WAR II. 
(a) IN GENERAL.—Section 1710(a)(2)(E) of title 38, United States 
Code, is amended by striking ‘‘of the Mexican border period or 
of World War I;’’ and inserting ‘‘of— 
‘‘(i) the Mexican border period; 
‘‘(ii) World War I; or
H. R. 2617—950 
‘‘(iii) World War II;’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on March 31, 2023. 
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND 
RESEARCH OF PROSTATE CANCER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Prostate cancer is the number one cancer diagnosed 
in the Veterans Health Administration. 
(2) A 1996 report published by the National Academy of 
Sciences, Engineering, and Medicine established a link between 
prostate cancer and exposure to herbicides, such as Agent 
Orange. 
(3) It is essential to acknowledge that due to these cir-
cumstances, certain veterans are made aware that they are 
high-risk individuals when it comes to the potential to develop 
prostate cancer. 
(4) In being designated as ‘‘high risk’’, it is essential that 
veterans are proactive in seeking earlier preventative clinical 
services for the early detection and successful treatment of 
prostate cancer, whether that be through the Veterans Health 
Administration or through a community provider. 
(5) Clinical preventative services and initial detection are 
some of the most important components in the early detection 
of prostate cancer for veterans at high risk of prostate cancer. 
(6) For veterans with prostate cancer, including prostate 
cancer that has metastasized, precision oncology, including bio-
marker-driven clinical trials and innovations underway through 
the Prostate Cancer Foundation and Department of Veterans 
Affairs partnership, represents one of the most promising areas 
of interventions, treatments, and cures for such veterans and 
their families. 
(b) ESTABLISHMENT OF CLINICAL PATHWAY.— 
(1) IN GENERAL.—Not later than 365 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs 
shall establish an interdisciplinary clinical pathway for all 
stages of prostate cancer, from early detection to end of life 
care. The clinical pathway shall be established in the National 
Surgery Office of the Department of Veterans Affairs in close 
collaboration with the National Program Office of Oncology, 
the Office of Research and Development, and other relevant 
entities of the Department, including Primary Care. 
(2) ELEMENTS.—The national clinical pathway established 
under this subsection shall include the following elements: 
(A) A diagnosis pathway for prostate cancer that 
includes early screening and diagnosis protocol, including 
screening recommendations for veterans with evidence- 
based risk factors. 
(B) A treatment pathway that details the respective 
roles of each office of the Department that will interact 
with veterans receiving prostate cancer care, including 
treatment protocol recommendations for veterans with evi-
dence-based risk factors. 
(C) Treatment recommendations for all stages of pros-
tate cancer that reflect nationally recognized standards 
for oncology, including National Comprehensive Cancer 
Network guidelines. xt>
H. R. 2617—951 
(D) A suggested protocol timeframe for each point of 
care, from early screening to treatment and end-of-life care, 
based on severity and stage of cancer. 
(E) A plan that includes, as appropriate, both Depart-
ment medical facilities and community-based partners and 
providers and research centers specializing in prostate 
cancer, especially such centers that have entered into part-
nerships with the Department. 
(3) COLLABORATION
AND
COORDINATION.—In establishing 
the clinical pathway required under this section, the Secretary 
may collaborate and coordinate with— 
(A) the National Institutes of Health; 
(B) the National Cancer Institute; 
(C) the National Institute on Minority Health and 
Health Disparities; 
(D) the Centers for Disease Control and Prevention; 
(E) the Centers for Medicare and Medicaid Services; 
(F) the Patient-Centered Outcomes Research Institute; 
(G) the Food and Drug Administration; 
(H) the Department of Defense; and 
(I) other Institutes and Centers as the Secretary deter-
mines necessary. 
(4) CONSULTATION REQUIREMENT.—In establishing the clin-
ical pathway required under this section, the Secretary shall 
consult with, and incorporate feedback from, veterans who have 
received prostate cancer care at Department medical facilities 
as well as experts in multi-disciplinary cancer care and clinical 
research. 
(5) PUBLICATION.—The Secretary shall— 
(A) publish the clinical pathway established under this 
subsection on a publicly available Department website; and 
(B) update the clinical pathway as needed by review 
of the medical literature and available evidence-based 
guidelines at least annually, in accordance with the criteria 
under paragraph (2). 
(c) DEVELOPMENT OF COMPREHENSIVE PROSTATE CANCER PRO-
GRAM AND IMPLEMENTATION OF THE PROSTATE CANCER CLINICAL 
PATHWAY.— 
(1) ESTABLISHMENT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall submit 
to Congress a plan to establish a prostate cancer program 
using the comprehensive prostate cancer clinical pathway devel-
oped under subsection (b). 
(2) PROGRAM REQUIREMENTS.—The comprehensive prostate 
cancer program shall— 
(A) receive direct oversight from the Deputy Undersec-
retary for Health of the Department of Veterans Affairs; 
(B) include a yearly program implementation evalua-
tion to facilitate replication for other disease states or 
in other healthcare institutions; 
(C) be metric driven and include the development of 
biannual reports on the quality of prostate cancer care, 
which shall be provided to the leadership of the Depart-
ment, medical centers, and providers and made publicly 
available in an electronic form; and 
(D) include an education plan for patients and pro-
viders.