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amounts made available under this heading in this Act or 
any prior or future Act that makes amounts available for 
purposes related to major disasters under such heading: 
Provided further, That the amount specified in the pre-
ceding proviso shall be combined with funds appropriated 
under this same heading for this same purpose in any prior 
Acts and the aggregate of such amounts shall be available 
for the costs of administering and overseeing any funds ap-
propriated to the Department related to major disasters in 
this, prior, or future Acts, notwithstanding the purposes for 
which such funds were appropriated: Provided further, That 
of the amounts made available under this heading in this 
Act, up to $5,000,000 shall be transferred to ‘‘Department 
of Housing and Urban Development—Office of the Inspec-
tor General’’ for necessary costs of overseeing and auditing 
amounts made available under this heading in this Act or 
any prior or future Act that makes amounts available for 
purposes related to major disasters under such heading: 
Provided further, That amounts repurposed under this 
heading that were previously designated by the Congress as 
an emergency requirement pursuant to the Balanced Budg-
et and Emergency Deficit Control Act of 1985 or a concur-
rent resolution on the budget are designated by the Congress 
as an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concur-
1871 
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rent resolution on the budget for fiscal year 2022, and sec-
tion 1(e) of H. Res. 1151 (117th Congress), as engrossed 
in the House of Representatives on June 8, 2022. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
For an additional amount for ‘‘Project-Based Rental 
Assistance’’, $969,420,000, to remain available until ex-
pended. 
TITLE XI 
GENERAL PROVISIONS—THIS ACT 
SEC. 21101. Each amount appropriated or made 
available by this Act is in addition to amounts otherwise 
appropriated for the fiscal year involved. 
SEC. 21102. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 21103. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
and conditions applicable to such appropriations accounts 
for fiscal year 2023. 
SEC. 21104. Each amount provided by this division 
is designated by the Congress as being for an emergency 
requirement pursuant to section 4001(a)(1) of S. Con. Res. 
14 (117th Congress), the concurrent resolution on the budget
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for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th 
Congress), as engrossed in the House of Representatives on 
June 8, 2022. 
This division may be cited as the ‘‘Disaster Relief Sup-
plemental Appropriations Act, 2023’’.
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DIVISION O—EXTENDERS AND 
TECHNICAL CORRECTIONS 
TITLE I—NATIONAL CYBERSECU-
RITY 
PROTECTION 
SYSTEM 
AUTHORIZATION EXTENSION 
SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING. 
Section 227(a) of the Federal Cybersecurity Enhance-
ment Act of 2015 (6 U.S.C. 1525(a)) is amended by striking 
‘‘the date that is 7 years after the date of enactment of this 
Act’’ and inserting ‘‘September 30, 2023’’. 
TITLE II—NDAA TECHNICAL 
CORRECTIONS 
SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORREC-
TION. 
(a) IN GENERAL.—Subsection (a) of section 611 of the 
James M. Inhofe National Defense Authorization Act for 
Fiscal Year 2023 is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘402b(b)’’ and inserting ‘‘402b’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) in subsection (b)(2)— 
‘‘(A) by inserting ‘(A)’ before ‘the gross’; 
‘‘(B) by striking ‘130 percent’ and inserting 
‘150 percent’;
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† HR 2617 EAS2 
‘‘(C) by striking ‘; and’ and inserting ‘; or’; 
and 
‘‘(D) by inserting at the end the following: 
‘‘ ‘(B) if the Secretary concerned determines it 
appropriate (based on location, household need, or 
special circumstance), the gross household income of 
the member during the most recent calendar year did 
not exceed an amount equal to 200 percent of the Fed-
eral poverty guidelines of the Department of Health 
and Human Services for the location of the member 
and the number of individuals in the household of the 
member for such year; and’; and’’; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) in subsection (c)(1)(A), by striking ‘130 
percent’ and inserting ‘150 percent (or, in the case of 
a member described in subsection (b)(2)(B), 200 per-
cent)’.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
such Act.
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SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICA-
BILITY OF AGREEMENT BY A CADET OR MID-
SHIPMAN TO PLAY PROFESSIONAL SPORT 
CONSTITUTING BREACH OF AGREEMENT TO 
SERVE AS AN OFFICER. 
(a) IN GENERAL.—Section 553 of the James M. Inhofe 
National Defense Authorization Act for Fiscal Year 2023 
is amended by adding at the end the following new sub-
section: 
‘‘(d) APPLICABILITY.—The amendments made by this 
section shall only apply with respect to a cadet or mid-
shipman who first enrolls in the United States Military 
Academy, the United States Naval Academy, or the United 
States Air Force Academy on or after June 1, 2021.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of the James M. Inhofe National Defense Authorization Act 
for Fiscal Year 2023 and apply as if originally included 
in the enactment of such Act. 
TITLE III—IMMIGRATION 
EXTENSIONS 
SEC. 301. E-VERIFY. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) shall be applied by substituting ‘‘September 30, 2023’’ 
for ‘‘September 30, 2015’’.
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SEC. 302. NON-MINISTER RELIGIOUS WORKERS. 
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(27)(C)(ii)) shall be applied by substituting ‘‘Sep-
tember 30, 2023’’ for ‘‘September 30, 2015’’. 
SEC. 303. H–2B SUPPLEMENTAL VISAS EXEMPTION. 
Notwithstanding the numerical limitation set forth in 
section 214(g)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland 
Security, after consultation with the Secretary of Labor, 
and upon determining that the needs of American busi-
nesses cannot be satisfied during fiscal year 2023 with 
United States workers who are willing, qualified, and able 
to perform temporary nonagricultural labor, may increase 
the total number of aliens who may receive a visa under 
section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limi-
tation by not more than the highest number of H–2B non-
immigrants who participated in the H–2B returning work-
er program in any fiscal year in which returning workers 
were exempt from such numerical limitation. 
SEC. 304. RURAL HEALTHCARE WORKERS. 
Section 220(c) of the Immigration and Nationality 
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 
shall be applied by substituting ‘‘September 30, 2023’’ for 
‘‘September 30, 2015’’.
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TITLE IV—ENVIRONMENT AND 
PUBLIC WORKS MATTERS 
SEC. 401. ESTABLISHMENT OF REGIONAL COMMISSION FOR 
THE GREAT LAKES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Section 15301(a) of title 40, 
United States Code, is amended by adding at the end 
the following: 
‘‘(4) The Great Lakes Authority.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
15101(1) of title 40, United States Code, is amended 
by inserting ‘‘or Authority’’ after ‘‘a Commission’’. 
(b) DESIGNATION OF REGION.— 
(1) IN GENERAL.—Subchapter II of chapter 157 
of title 40, United States Code, is amended by adding 
at the end the following: 
‘‘§ 15734. Great Lakes Authority 
‘‘The region of the Great Lakes Authority shall consist 
of areas in the watershed of the Great Lakes and the Great 
Lakes System (as such terms are defined in section 
118(a)(3) of the Federal Water Pollution Control Act (33 
U.S.C. 1268(a)(3))), in each of the following States: 
‘‘(1) Illinois. 
‘‘(2) Indiana. 
‘‘(3) Michigan.
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† HR 2617 EAS2 
‘‘(4) Minnesota. 
‘‘(5) New York. 
‘‘(6) Ohio. 
‘‘(7) Pennsylvania. 
‘‘(8) Wisconsin.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
subchapter II of chapter 157 of title 40, United States 
Code, is amended by adding at the end the following: 
‘‘15734. Great Lakes Authority.’’. 
SEC. 402. REAUTHORIZATION OF NATIONAL WILDLIFE REF-
UGE SYSTEM VOLUNTEER SERVICES, COMMU-
NITY 
PARTNERSHIP, 
AND 
REFUGE 
EDU-
CATION PROGRAMS. 
Section 7(g) of the Fish and Wildlife Act of 1956 (16 
U.S.C. 742f) is amended by striking ‘‘2018 through 2022’’ 
and inserting ‘‘2023 through 2027’’. 
SEC. 403. NUMBERING OF SEGMENT. 
Section 1105(e)(5)(C)(i) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102– 
240; 109 Stat. 598; 133 Stat. 3018) is amended by striking 
the seventh, eighth, and ninth sentences. 
SEC. 404. PATRICK LEAHY LAKE CHAMPLAIN BASIN PRO-
GRAM. 
(a) IN GENERAL.—Section 120 of the Federal Water 
Pollution Control Act (33 U.S.C. 1270) is amended—
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(1) in the section heading, by inserting ‘‘PAT-
RICK LEAHY’’ before ‘‘LAKE’’; 
(2) by inserting ‘‘Patrick Leahy’’ before ‘‘Lake 
Champlain Basin Program’’ each place it appears; 
(3) in subsection (g)(1), in the paragraph head-
ing, by striking ‘‘LAKE’’ and inserting ‘‘PATRICK 
LEAHY LAKE’’; and 
(4) by amending subsection (i) to read as fol-
lows: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to carry 
out this section $35,000,000 for each of fiscal years 2023 
through 2027, to remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—Section 1201(c) of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4721) is amended by inserting ‘‘Pat-
rick Leahy’’ before ‘‘Lake Champlain Basin Program’’. 
(c) REFERENCES.—Any reference in law, regulation, 
map, document, paper, or other record of the United States 
to the ‘‘Lake Champlain Basin Program’’ shall be deemed 
to be a reference to the Patrick Leahy Lake Champlain 
Basin Program. 
SEC. 405. CLEAN SCHOOL BUS PROGRAM. 
Section 741 of the Energy Policy Act of 2005 (42 
U.S.C. 16091) is amended—
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(1) in subsection (a)— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘, lease, license, 
or contract for service’’ after ‘‘to sell’’; 
and 
(II) by inserting ‘‘, lease, license, 
or contract for service’’ after ‘‘that 
own’’; and 
(ii) in subparagraph (B), by inserting 
‘‘, lease, license, or contract for service’’ be-
fore the period at the end; and 
(B) in paragraph (5)(A)— 
(i) in clause (i)(II), by inserting ‘‘, 
lease, license, or contract for service’’ after 
‘‘purchase’’; 
(ii) in clause (iii), by striking ‘‘or’’ at 
the end; 
(iii) by redesignating clause (iv) as 
clause (v); 
(iv) by inserting after clause (iii) the 
following: 
‘‘(iv) a charter school (as defined in 
section 4310 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
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† HR 2617 EAS2 
7221i)) responsible for the purchase, lease, 
license, or contract for service of school 
buses for that charter school; or’’; and 
(v) in subclause (II) of clause (v) (as 
so redesignated), by inserting ‘‘, lease, li-
cense, or contract for service’’ after ‘‘pur-
chase’’; and 
(2) in subsection (b)(5)(A), by inserting ‘‘, except 
that, if the award is to an eligible contractor and the 
contract with the local educational agency (including 
charter schools operating as local educational agencies 
under State law) ends before the end of the 5-year pe-
riod, those school buses may be operated as part of 
another local educational agency eligible for the same 
or higher priority consideration under paragraph (4), 
subject to the limitations under paragraph (7)’’ before 
the semicolon at the end. 
TITLE V—SAFETY 
ENHANCEMENTS 
SEC. 501. AMENDMENTS TO THE FLIGHT CREW ALERTING 
REQUIREMENTS. 
(a) IN GENERAL.—Chapter 447 of title 49, United 
States Code, is amended by inserting after section 44743 
the following:
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‘‘§ 44744. Flight crew alerting 
‘‘(a) IN GENERAL.—Beginning on December 27, 2022, 
the Administrator may not issue a type certificate for a 
transport category airplane unless such airplane incor-
porates a flight crew alerting system that, at a minimum— 
‘‘(1) displays and differentiates among warn-
ings, cautions, and advisories; and 
‘‘(2) includes functions to assist the flight crew 
in prioritizing corrective actions and responding to 
systems failures. 
‘‘(b) LIMITATION.—The prohibition in subsection (a) 
shall not apply to any application for an original or 
amended type certificate that was submitted to the Admin-
istrator prior to December 27, 2020. 
‘‘(c) SAFETY ENHANCEMENTS.— 
‘‘(1) RESTRICTION ON AIRWORTHINESS CERTIFI-
CATE ISSUANCE.—Beginning on the date that is 1 
year after the date on which the Administrator issues 
a type certificate for the Boeing 737-10, the Adminis-
trator may not issue an original airworthiness certifi-
cate for any Boeing 737 MAX aircraft unless the Ad-
ministrator finds that the type design for the aircraft 
includes safety enhancements that have been approved 
by the Administrator. 
‘‘(2) RESTRICTION
ON
OPERATION.—Beginning 
on the date that is 3 years after the date on which
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the Administrator issues a type certificate for the 
Boeing 737-10, no person may operate a Boeing 737 
MAX aircraft unless— 
‘‘(A) the type design for the aircraft in-
cludes safety enhancements approved by the Ad-
ministrator; and 
‘‘(B) the aircraft was— 
‘‘(i) produced in conformance with 
such type design; or 
‘‘(ii) altered in accordance with such 
type design. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) BOEING
737
MAX
AIRCRAFT.—The term 
‘Boeing 737 MAX aircraft’ means any— 
‘‘(A) Model 737 series aircraft designated as 
a 737-7, 737-8, 737-8200, 737-9, or 737-10; or 
‘‘(B) other variant of a model described in 
subparagraph (A). 
‘‘(2) SAFETY ENHANCEMENT.—The term ‘safety 
enhancement’ means any design change to the flight 
crew alerting system approved by the Administrator 
for the Boeing 737-10, including— 
‘‘(A) a— 
‘‘(i) synthetic enhanced angle-of-attack 
system; and
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‘‘(ii) means to shut off stall warning 
and overspeed alerts; or 
‘‘(B) any design changes equivalent to sub-
paragraph (A) determined appropriate by the 
Administrator.’’. 
(b) REPEAL OF ACSAA SECTION 116(B)(1).—Section 
116 of the Aircraft Certification, Safety, and Accountability 
Act (49 U.S.C. 44704 note) is amended by striking sub-
section (b) and inserting the following: 
‘‘(b) PROHIBITION.—Beginning on December 27, 2022, 
the Administrator may not issue a type certificate for a 
transport category aircraft unless, in the case of a transport 
category aircraft other than a transport airplane, the type 
certificate applicant provides a means acceptable to the Ad-
ministrator to assist the flight crew in prioritizing correc-
tive actions and responding to systems failures (including 
by cockpit or flight manual procedures).’’. 
(c) COSTS.—Any costs associated with the safety en-
hancements required by section 44744 of title 49, United 
States Code, as added by subsection (a), shall be borne by 
the holder of the type certificate. 
(d) CONGRESSIONAL
BRIEFINGS.—Not later than 
March 1, 2023, and on a quarterly basis thereafter, the Ad-
ministrator shall brief Congress on the status of—
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(1) the issuance of a type certificate for the Boe-
ing 737-7 and 737-10, including any design enhance-
ments, pilot procedures, or training requirements re-
sulting from system safety assessments; and 
(2) the implementation of safety enhancements 
for Boeing 737 MAX aircraft, as required by section 
44744 of title 49, United States Code, as added by 
subsection (a). 
(e) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 447 of title 49, United States Code, is amended by 
inserting after the item relating to section 44743 the fol-
lowing: 
‘‘44744. Flight Crew Alerting.’’. 
TITLE VI—EXTENSION OF TEM-
PORARY 
ORDER 
FOR 
FENTANYL-RELATED 
SUB-
STANCES 
SEC. 
601. 
EXTENSION 
OF 
TEMPORARY 
ORDER 
FOR 
FENTANYL-RELATED SUBSTANCES. 
Effective as if included in the enactment of the Tem-
porary Reauthorization and Study of the Emergency 
Scheduling of Fentanyl Analogues Act (Public Law 116– 
114), section 2 of such Act is amended by striking ‘‘Decem-
ber 31, 2022’’and inserting ‘‘December 31, 2024’’.
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TITLE 
VII—FEDERAL 
TRADE 
COMMISSION OVERSIGHT OF 
HORSERACING 
INTEGRITY 
AND SAFETY AUTHORITY 
SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF 
HORSERACING INTEGRITY AND SAFETY AU-
THORITY. 
Section 1204(e) of the Horseracing Integrity and Safe-
ty Act of 2020 (15 U.S.C. 3053(e)) is amended to read as 
follows: 
‘‘(e) AMENDMENT BY COMMISSION OF RULES OF AU-
THORITY.—The Commission, by rule in accordance with 
section 553 of title 5, United States Code, may abrogate, 
add to, and modify the rules of the Authority promulgated 
in accordance with this Act as the Commission finds nec-
essary or appropriate to ensure the fair administration of 
the Authority, to conform the rules of the Authority to re-
quirements of this Act and applicable rules approved by 
the Commission, or otherwise in furtherance of the purposes 
of this Act.’’.
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TITLE VIII—UNITED STATES PA-
ROLE 
COMMISSION 
EXTEN-
SION 
SEC. 801. UNITED STATES PAROLE COMMISSION EXTEN-
SION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘United States Parole Commission Additional Extension 
Act of 2022’’. 
(b) AMENDMENT OF SENTENCING REFORM ACT OF 
1984.—For purposes of section 235(b) of the Sentencing Re-
form Act of 1984 (18 U.S.C. 3551 note; Public Law 98– 
473; 98 Stat. 2032), as such section relates to chapter 311 
of title 18, United States Code, and the United States Pa-
role Commission, each reference in such section to ‘‘35 years 
and 46 days’’ or ‘‘35-year and 46-day period’’ shall be 
deemed a reference to ‘‘36 years’’ or ‘‘36-year period’’, re-
spectively. 
(c) EFFECTIVE DATE.—Subsection (b) shall take effect 
as though enacted as part of the Further Continuing Appro-
priations and Extensions Act, 2023. 
(d) SUPERSEDED PROVISION.—Section 103 of division 
B of the Further Continuing Appropriations and Exten-
sions Act, 2023 shall have no force or effect.
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TITLE IX—EXTENSION OF FCC 
AUCTION AUTHORITY 
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 1934 
(47 U.S.C. 309(j)(11)) is amended by striking ‘‘December 
23, 2022’’ and inserting ‘‘March 9, 2023’’. 
TITLE X—BUDGETARY EFFECTS 
SEC. 1001. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budgetary 
effects of this division and each succeeding division shall 
not be entered on either PAYGO scorecard maintained pur-
suant to section 4(d) of the Statutory Pay-As-You-Go Act 
of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary ef-
fects of this division and each succeeding division shall not 
be entered on any PAYGO scorecard maintained for pur-
poses of section 4106 of H. Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
withstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee 
of conference accompanying Conference Report 105–217 
and section 250(c)(8) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, the budgetary effects of 
this division and each succeeding division shall not be esti-
mated—
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† HR 2617 EAS2 
(1) for purposes of section 251 of such Act; 
(2) for purposes of an allocation to the Com-
mittee on Appropriations pursuant to section 302(a) 
of the Congressional Budget Act of 1974; and 
(3) for purposes of paragraph (4)(C) of section 
3 of the Statutory Pay-As-You-Go Act of 2010 as 
being included in an appropriation Act. 
(d) BALANCES ON THE PAYGO SCORECARDS.— 
(1) FISCAL YEAR 2023.—For the purposes of the 
annual report issued pursuant to section 5 of the 
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) 
after adjournment of the second session of the 117th 
Congress, and for determining whether a sequestration 
order is necessary under such section, the debit for the 
budget year on the 5-year scorecard, if any, and the 
10-year scorecard, if any, shall be deducted from such 
scorecards in 2023 and added to such scorecards in 
2025. 
(2) FISCAL YEAR 2024.—For the purposes of the 
annual report issued pursuant to section 5 of the 
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) 
after adjournment of the first session of the 118th 
Congress, and for determining whether a sequestration 
order is necessary under such section, the debit for the 
budget year on the 5-year scorecard, if any, and the
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† HR 2617 EAS2 
10-year scorecard, if any, shall be deducted from such 
scorecards in 2024 and added to such scorecards in 
2025. 
DIVISION P—ELECTORAL COUNT 
REFORM AND PRESIDENTIAL 
TRANSITION IMPROVEMENT 
SEC. 1. SHORT TITLE, ETC. 
This division may be cited as the ‘‘Electoral Count Re-
form and Presidential Transition Improvement Act of 
2022’’. 
TITLE I—ELECTORAL COUNT 
REFORM ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Electoral Count Reform 
Act of 2022’’. 
SEC. 102. TIME FOR APPOINTING ELECTORS. 
(a) IN GENERAL.—Title 3, United States Code, is 
amended by striking sections 1 and 2 and inserting the fol-
lowing: 
‘‘§ 1. Time of appointing electors 
‘‘The electors of President and Vice President shall be 
appointed, in each State, on election day, in accordance 
with the laws of the State enacted prior to election day.’’. 
(b) ELECTION DAY.—Section 21 of title 3, United 
States Code, is amended by redesignating subsections (a)
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and (b) as paragraphs (2) and (3), respectively, and by in-
serting before paragraph (2) (as so redesignated) the fol-
lowing: 
‘‘(1) ‘election day’ means the Tuesday next after 
the first Monday in November, in every fourth year 
succeeding every election of a President and Vice 
President held in each State, except, in the case of a 
State that appoints electors by popular vote, if the 
State modifies the period of voting, as necessitated by 
force majeure events that are extraordinary and cata-
strophic, as provided under laws of the State enacted 
prior to such day, ‘election day’ shall include the 
modified period of voting.’’. 
(c) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 of title 3, United States Code, is amended 
by striking the item relating to section 1 and inserting the 
following: 
‘‘1. Time of appointing electors.’’. 
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN 
ELECTORAL COLLEGE. 
Section 4 of title 3, United States Code, is amended 
by inserting ‘‘enacted prior to election day’’ after ‘‘by law’’. 
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINT-
MENT OF ELECTORS. 
(a) DETERMINATION.—Section 5 of title 3, United 
States Code, is amended to read as follows:
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‘‘§ 5. Certificate of ascertainment of appointment of 
electors 
‘‘(a) IN GENERAL.— 
‘‘(1) CERTIFICATION.—Not later than the date 
that is 6 days before the time fixed for the meeting 
of the electors, the executive of each State shall issue 
a certificate of ascertainment of appointment of elec-
tors, under and in pursuance of the laws of such 
State providing for such appointment and ascertain-
ment enacted prior to election day. 
‘‘(2) FORM OF CERTIFICATE.—Each certificate of 
ascertainment of appointment of electors shall— 
‘‘(A) set forth the names of the electors ap-
pointed and the canvass or other determination 
under the laws of such State of the number of 
votes given or cast for each person for whose ap-
pointment any and all votes have been given or 
cast; 
‘‘(B) bear the seal of the State; and 
‘‘(C) contain at least one security feature, 
as determined by the State, for purposes of 
verifying the authenticity of such certificate. 
‘‘(b) TRANSMISSION.—It shall be the duty of the execu-
tive of each State— 
‘‘(1) to transmit to the Archivist of the United 
States, immediately after the issuance of a certificate
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† HR 2617 EAS2 
of ascertainment of appointment of electors and by 
the most expeditious method available, such certificate 
of ascertainment of appointment of electors; and 
‘‘(2) to transmit to the electors of such State, on 
or before the day on which the electors are required 
to meet under section 7, six duplicate-originals of the 
same certificate. 
‘‘(c) TREATMENT OF CERTIFICATE AS CONCLUSIVE.— 
For purposes of section 15: 
‘‘(1) IN GENERAL.— 
‘‘(A) CERTIFICATE
ISSUED
BY
EXECU-
TIVE.—Except as provided in subparagraph (B), 
a certificate of ascertainment of appointment of 
electors issued pursuant to subsection (a)(1) shall 
be treated as conclusive in Congress with respect 
to the determination of electors appointed by the 
State. 
‘‘(B) CERTIFICATES ISSUED PURSUANT TO 
COURT
ORDERS.—Any certificate of ascertain-
ment of appointment of electors required to be 
issued or revised by any State or Federal judi-
cial relief granted prior to the date of the meet-
ing of electors shall replace and supersede any 
other certificates submitted pursuant to this sec-
tion.
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† HR 2617 EAS2 
‘‘(2) 
DETERMINATION
OF
FEDERAL
QUES-
TIONS.—The determination of Federal courts on ques-
tions arising under the Constitution or laws of the 
United States with respect to a certificate of ascer-
tainment of appointment of electors shall be conclu-
sive in Congress. 
‘‘(d) VENUE AND EXPEDITED PROCEDURE.— 
‘‘(1) IN GENERAL.—Any action brought by an 
aggrieved candidate for President or Vice President 
that arises under the Constitution or laws of the 
United States with respect to the issuance of the cer-
tification required under section (a)(1), or the trans-
mission of such certification as required under sub-
section (b), shall be subject to the following rules: 
‘‘(A) VENUE.—The venue for such action 
shall be the Federal district court of the Federal 
district in which the State capital is located. 
‘‘(B) 3-JUDGE PANEL.—Such action shall be 
heard by a district court of three judges, con-
vened pursuant to section 2284 of title 28, 
United States Code, except that— 
‘‘(i) the court shall be comprised of two 
judges of the circuit court of appeals in 
which the district court lies and one judge
1895 
† HR 2617 EAS2 
of the district court in which the action is 
brought; and 
‘‘(ii) section 2284(b)(2) of such title 
shall not apply. 
‘‘(C) EXPEDITED PROCEDURE.—It shall be 
the duty of the court to advance on the docket 
and to expedite to the greatest possible extent the 
disposition of the action, consistent with all 
other relevant deadlines established by this chap-
ter and the laws of the United States. 
‘‘(D) APPEALS.—Notwithstanding section 
1253 of title 28, United States Code, the final 
judgment of the panel convened under subpara-
graph (B) may be reviewed directly by the Su-
preme Court, by writ of certiorari granted upon 
petition of any party to the case, on an expe-
dited basis, so that a final order of the court on 
remand of the Supreme Court may occur on or 
before the day before the time fixed for the meet-
ing of electors. 
‘‘(2) 
RULE
OF
CONSTRUCTION.—This 
sub-
section— 
‘‘(A) shall be construed solely to establish 
venue and expedited procedures in any action 
brought by an aggrieved candidate for President
1896 
† HR 2617 EAS2 
or Vice President as specified in this subsection 
that arises under the Constitution or laws of the 
United States; and 
‘‘(B) shall not be construed to preempt or 
displace any existing State or Federal cause of 
action.’’. 
(b) EXECUTIVE OF A STATE.—Section 21 of title 3, 
United States Code, as amended by section 102(b), is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) ‘executive’ means, with respect to any State, 
the Governor of the State (or, in the case of the Dis-
trict of Columbia, the Mayor of the District of Colum-
bia), except when the laws or constitution of a State 
in effect as of election day expressly require a dif-
ferent State executive to perform the duties identified 
under this chapter.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 9 of title 3, United States Code, is 
amended by striking ‘‘annex to each of the certificates 
one of the lists of the electors’’ and inserting ‘‘annex 
to each of the certificates of votes one of the certifi-
cates of ascertainment of appointment of electors’’.
1897 
† HR 2617 EAS2 
(2) The table of contents for chapter 1 of title 3, 
United States Code, is amended by striking the items 
relating to sections 5 inserting the following: 
‘‘5. Certificate of ascertainment of appointment of electors.’’. 
SEC. 105. DUTIES OF THE ARCHIVIST. 
(a) IN GENERAL.—Section 6 of title 3, United States 
Code, is amended to read as follows: 
‘‘§ 6. Duties of Archivist 
‘‘The certificates of ascertainment of appointment of 
electors received by the Archivist of the United States under 
section 5 shall— 
‘‘(1) be preserved for one year; 
‘‘(2) be a part of the public records of such office; 
and 
‘‘(3) be open to public inspection.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 of title 3, United States Code, is amended 
by striking the items relating to section 6 and inserting 
the following: 
‘‘6. Duties of Archivist.’’. 
SEC. 106. MEETING OF ELECTORS. 
(a) TIME FOR MEETING.—Section 7 of title 3, United 
States Code, is amended— 
(1) by striking ‘‘Monday’’ and inserting ‘‘Tues-
day’’; and
1898 
† HR 2617 EAS2 
(2) by striking ‘‘as the legislature of such State 
shall direct’’ and inserting ‘‘in accordance with the 
laws of the State enacted prior to election day’’. 
(b) CLARIFICATION ON SEALING OF CERTIFICATES OF 
VOTES.—Section 10 of such title is amended by striking 
‘‘the certificates so made by them’’ and inserting ‘‘the cer-
tificates of votes so made by them, together with the annexed 
certificates of ascertainment of appointment of electors’’. 
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES. 
(a) IN GENERAL.—Section 11 of title 3, United States 
Code, is amended to read as follows: 
‘‘§ 11. Transmission of certificates by electors 
‘‘The electors shall immediately transmit at the same 
time and by the most expeditious method available the cer-
tificates of votes so made by them, together with the annexed 
certificates of ascertainment of appointment of electors, as 
follows: 
‘‘(1) One set shall be sent to the President of the 
Senate at the seat of government. 
‘‘(2) Two sets shall be sent to the chief election 
officer of the State, one of which shall be held subject 
to the order of the President of the Senate, the other 
to be preserved by such official for one year and shall 
be a part of the public records of such office and shall 
be open to public inspection.
1899 
† HR 2617 EAS2 
‘‘(3) Two sets shall be sent to the Archivist of the 
United States at the seat of government, one of which 
shall be held subject to the order of the President of 
the Senate and the other of which shall be preserved 
by the Archivist of the United States for one year and 
shall be a part of the public records of such office and 
shall be open to public inspection. 
‘‘(4) One set shall be sent to the judge of the dis-
trict in which the electors shall have assembled.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 of title 3, United States Code, is amended 
by striking the item relating to section 11 and inserting 
the following: 
‘‘11. Transmission of certificates by electors.’’. 
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH 
RECIPIENTS. 
(a) IN GENERAL.—Section 12 of title 3, United States 
Code, is amended— 
(1) by inserting ‘‘, after the meeting of the elec-
tors shall have been held,’’ after ‘‘When’’; 
(2) by striking ‘‘and list’’ each place it appears; 
(3) by striking ‘‘in December, after the meeting 
of the electors shall have been held,’’ and inserting ‘‘in 
December,’’; 
(4) by striking ‘‘or, if he be absent’’ and insert-
ing ‘‘or, if the President of the Senate be absent’’;
1900 
† HR 2617 EAS2 
(5) by striking ‘‘secretary of State’’ and insert 
‘‘chief election officer’’; 
(6) by striking ‘‘lodged with him’’ and inserting 
‘‘lodged with such officer’’; 
(7) by striking ‘‘his duty’’ and inserting ‘‘the 
duty of such chief election officer of the State’’; and 
(8) by striking ‘‘by registered mail’’ and insert-
ing ‘‘by the most expeditious method available’’. 
(b) CONTINUED FAILURE.—Section 13 of title 3, 
United States Code, is amended— 
(1) by inserting ‘‘, after the meeting of the elec-
tors shall have been held,’’ after ‘‘When’’; 
(2) by striking ‘‘in December, after the meeting 
of the electors shall have been held,’’ and inserting ‘‘in 
December,’’; 
(3) by striking ‘‘or, if he be absent’’ and insert-
ing ‘‘or, if the President of the Senate be absent’’; and 
(4) by striking ‘‘that list’’ and inserting ‘‘that 
certificate’’. 
(c) ELIMINATION OF MESSENGER’S PENALTY.— 
(1) IN GENERAL.—Title 3, United States Code, is 
amended by striking section 14. 
(2) CONFORMING
AMENDMENT.—The table of 
contents for chapter 1 of title 3, United States Code, 
is amended by striking the item relating to section 14.
1901 
† HR 2617 EAS2 
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELEC-
TORAL VOTES. 
(a) IN GENERAL.—Section 15 of title 3, United States 
Code, is amended to read as follows: 
‘‘§ 15. Counting electoral votes in Congress 
‘‘(a) IN GENERAL.—Congress shall be in session on the 
sixth day of January succeeding every meeting of the elec-
tors. The Senate and House of Representatives shall meet 
in the Hall of the House of Representatives at the hour of 
1 o’clock in the afternoon on that day, and the President 
of the Senate shall be their presiding officer. 
‘‘(b) POWERS OF THE PRESIDENT OF SENATE.— 
‘‘(1) MINISTERIAL IN NATURE.—Except as other-
wise provided in this chapter, the role of the President 
of the Senate while presiding over the joint session 
shall be limited to performing solely ministerial du-
ties. 
‘‘(2) POWERS EXPLICITLY DENIED.—The Presi-
dent of the Senate shall have no power to solely deter-
mine, accept, reject, or otherwise adjudicate or resolve 
disputes over the proper certificate of ascertainment 
of appointment of electors, the validity of electors, or 
the votes of electors. 
‘‘(c) APPOINTMENT OF TELLERS.—At the joint session 
of the Senate and House of Representatives described in 
subsection (a), there shall be present two tellers previously
1902 
† HR 2617 EAS2 
appointed on the part of the Senate and two tellers pre-
viously appointed on the part of the House of Representa-
tives by the presiding officers of the respective chambers. 
‘‘(d) PROCEDURE AT JOINT SESSION GENERALLY.— 
‘‘(1) IN GENERAL.—The President of the Senate 
shall— 
‘‘(A) open the certificates and papers pur-
porting to be certificates of the votes of electors 
appointed pursuant to a certificate of ascertain-
ment of appointment of electors issued pursuant 
to section 5, in the alphabetical order of the 
States, beginning with the letter A; and 
‘‘(B) upon opening any certificate, hand the 
certificate and any accompanying papers to the 
tellers, who shall read the same in the presence 
and hearing of the two Houses. 
‘‘(2) ACTION ON CERTIFICATE.— 
‘‘(A) IN
GENERAL.—Upon the reading of 
each certificate or paper, the President of the 
Senate shall call for objections, if any. 
‘‘(B) REQUIREMENTS FOR OBJECTIONS OR 
QUESTIONS.— 
‘‘(i) OBJECTIONS.—No objection or 
other question arising in the matter shall be 
in order unless the objection or question—
1903 
† HR 2617 EAS2 
‘‘(I) is made in writing; 
‘‘(II) is signed by at least one-fifth 
of the Senators duly chosen and sworn 
and one-fifth of the Members of the 
House of Representatives duly chosen 
and sworn; and 
‘‘(III) in the case of an objection, 
states clearly and concisely, without 
argument, one of the grounds listed 
under clause (ii). 
‘‘(ii) GROUNDS FOR OBJECTIONS.—The 
only grounds for objections shall be as fol-
lows: 
‘‘(I) The electors of the State were 
not lawfully certified under a certifi-
cate of ascertainment of appointment 
of electors according to section 5(a)(1). 
‘‘(II) The vote of one or more elec-
tors has not been regularly given. 
‘‘(C) CONSIDERATION OF OBJECTIONS AND 
QUESTIONS.— 
‘‘(i) IN GENERAL.—When all objections 
so made to any vote or paper from a State, 
or other question arising in the matter, 
shall have been received and read, the Sen-
1904 
† HR 2617 EAS2 
ate shall thereupon withdraw, and such ob-
jections and questions shall be submitted to 
the Senate for its decision; and the Speaker 
of the House of Representatives shall, in like 
manner, submit such objections and ques-
tions to the House of Representatives for its 
decision. 
‘‘(ii) DETERMINATION.—No objection 
or any other question arising in the matter 
may be sustained unless such objection or 
question is sustained by separate concurring 
votes of each House. 
‘‘(D) RECONVENING.—When the two Houses 
have voted, they shall immediately again meet, 
and the presiding officer shall then announce the 
decision of the questions submitted. No vote or 
paper from any other State shall be acted upon 
until the objections previously made to any vote 
or paper from any State , and other questions 
arising in the matter, shall have been finally dis-
posed of. 
‘‘(e) RULES FOR TABULATING VOTES.— 
‘‘(1) COUNTING OF VOTES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B)—
1905 
† HR 2617 EAS2 
‘‘(i) only the votes of electors who have 
been appointed under a certificate of ascer-
tainment of appointment of electors issued 
pursuant to section 5, or who have legally 
been appointed to fill a vacancy of any such 
elector pursuant to section 4, may be count-
ed; and 
‘‘(ii) no vote of an elector described in 
clause (i) which has been regularly given 
shall be rejected. 
‘‘(B) EXCEPTION.—The vote of an elector 
who has been appointed under a certificate of as-
certainment of appointment of electors issued 
pursuant to section 5 shall not be counted if— 
‘‘(i) there is an objection which meets 
the requirements of subsection (d)(2)(B)(i); 
and 
‘‘(ii) each House affirmatively sustains 
the objection as valid. 
‘‘(2) DETERMINATION
OF
MAJORITY.—If the 
number of electors lawfully appointed by any State 
pursuant to a certificate of ascertainment of appoint-
ment of electors that is issued under section 5 is fewer 
than the number of electors to which the State is enti-
tled under section 3, or if an objection the grounds for
1906 
† HR 2617 EAS2 
which are described in subsection (d)(2)(B)(ii)(I) has 
been sustained, the total number of electors appointed 
for the purpose of determining a majority of the whole 
number of electors appointed as required by the 
Twelfth Amendment to the Constitution shall be re-
duced by the number of electors whom the State has 
failed to appoint or as to whom the objection was sus-
tained. 
‘‘(3) LIST OF VOTES BY TELLERS; DECLARATION 
OF WINNER.—The tellers shall make a list of the votes 
as they shall appear from the said certificates; and 
the votes having been ascertained and counted accord-
ing to the rules in this subchapter provided, the result 
of the same shall be delivered to the President of the 
Senate, who shall thereupon announce the state of the 
vote, which announcement shall be deemed a sufficient 
declaration of the persons, if any, elected President 
and Vice President of the United States, and, together 
with a list of the votes, be entered on the Journals of 
the two Houses.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 of title 3, United States Code, is amended 
by striking the item relating to section 15 and inserting 
the following: 
‘‘15. Counting electoral votes in Congress.’’.
1907 
† HR 2617 EAS2 
SEC. 110. RULES RELATING TO JOINT SESSION. 
(a) LIMIT OF DEBATE IN EACH HOUSE.—Section 17 
of title 3, United States Code, is amended to read as follows: 
‘‘§ 17. Same; limit of debate in each House 
‘‘When the two Houses separate to decide upon an ob-
jection pursuant to section 15(d)(2)(C)(i) that may have 
been made to the counting of any electoral vote or votes from 
any State, or other question arising in the matter— 
‘‘(1) all such objections and questions permitted 
with respect to such State shall be considered at such 
time; 
‘‘(2) each Senator and Representative may speak 
to such objections or questions for up to five minutes, 
and not more than once; 
‘‘(3) the total time for debate for all such objec-
tions and questions with respect to such State shall 
not exceed two hours in each House, equally divided 
and controlled by the Majority Leader and Minority 
Leader, or their respective designees; and 
‘‘(4) at the close of such debate, it shall be the 
duty of the presiding officer of each House to put each 
of the objections and questions to a vote without fur-
ther debate.’’. 
(b) PARLIAMENTARY PROCEDURE.—Section 18 of title 
3, United States Code, is amended by inserting ‘‘under sec-
tion 15(d)(2)(C)(i)’’ after ‘‘motion to withdraw’’.
1908 
† HR 2617 EAS2 
(c) CONFORMING AMENDMENTS.— 
(1) Sections 16 of title 3, United States Code, is 
amended by striking ‘‘meeting’’ each place it appears 
in the text and in the heading and inserting ‘‘ses-
sion’’. 
(2) Sections 18 of title 3, United States Code, is 
amended by striking ‘‘meeting’’ each place it appears 
in the text and in the heading and inserting ‘‘ses-
sion’’. 
(3) The table of contents for chapter 1 of title 3, 
United States Code, is amended— 
(A) by striking ‘‘meeting’’ in the item relat-
ing to section 16 and inserting ‘‘session’’; and 
(B) by striking ‘‘meeting’’ in the item relat-
ing to section 18 and inserting ‘‘session’’. 
SEC. 111. SEVERABILITY. 
(a) IN GENERAL.—Title 3, United States Code, is 
amended by inserting after section 21 the following new sec-
tion: 
‘‘§ 22. Severability 
‘‘If any provision of this chapter, or the applica-
tion of a provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this 
chapter, and the application of the provisions to any
1909 
† HR 2617 EAS2 
person or circumstance, shall not be affected by the 
holding.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 1 of title 3, United States Code, is amended 
by adding at the end the following: 
‘‘22. Severability.’’. 
TITLE II—PRESIDENTIAL 
TRANSITION IMPROVEMENT ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Presidential Transition 
Improvement Act’’. 
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION 
ACT OF 1963. 
(a) IN GENERAL.—Section 3 of the Presidential Tran-
sition Act of 1963 (3 U.S.C. 102 note) is amended by strik-
ing subsection (c) and inserting the following: 
‘‘(c)(1) APPARENT SUCCESSFUL CANDIDATES.— 
‘‘(A) IN GENERAL.—For purposes of this Act, the 
‘apparent successful candidate’ for the office of Presi-
dent and Vice President, respectively, shall be deter-
mined as follows: 
‘‘(i) If all but one eligible candidate for the 
office of President and one eligible candidate for 
the office of Vice President, respectively, concede 
the election, then the candidate for each such of-
1910 
† HR 2617 EAS2 
fice who has not conceded shall be the apparent 
successful candidate for each such office. 
‘‘(ii) If, on the date that is 5 days after the 
date of the election, more than one eligible can-
didate for the office of President has not conceded 
the election, then each of the remaining eligible 
candidates for such office and the office of Vice 
President who have not conceded shall be treated 
as the apparent successful candidates until such 
time as a single candidate for the office of Presi-
dent is treated as the apparent successful can-
didate pursuant to clause (iii) or clause (iv). 
‘‘(iii) If a single candidate for the office of 
President or Vice President is determined by the 
Administrator to meet the qualifications under 
subparagraph (B), the Administrator may deter-
mine that such candidate shall solely be treated 
as the apparent successful candidate for that of-
fice until such time as a single candidate for the 
office of President is treated as the apparent suc-
cessful candidate pursuant to clause (iv). 
‘‘(iv) If a single candidate for the office of 
President or Vice President is the apparent suc-
cessful candidate for such office under subpara-
graph (C), that candidate shall solely be treated
1911 
† HR 2617 EAS2 
as the apparent successful candidate for that of-
fice. 
‘‘(B) 
INTERIM
DISCRETIONARY
QUALIFICA-
TIONS.—On or after the date that is 5 days after the 
date of the election, the Administrator may determine 
that a single candidate for the office of President or 
Vice President shall be treated as the sole apparent 
successful candidate for that office pursuant to sub-
paragraph (A)(iii) if it is substantially certain the 
candidate will receive a majority of the pledged votes 
of electors, based on consideration of the following fac-
tors: 
‘‘(i) The results of the election for such office 
in States in which significant legal challenges 
that could alter the outcome of the election in the 
State have been substantially resolved, such that 
the outcome is substantially certain. 
‘‘(ii) The certified results of the election for 
such office in States in which the certification is 
complete. 
‘‘(iii) The results of the election for such of-
fice in States in which there is substantial cer-
tainty of an apparent successful candidate based 
on the totality of the circumstances. 
‘‘(C) MANDATORY QUALIFICATIONS.—
1912 
† HR 2617 EAS2 
‘‘(i) IN
GENERAL.—Notwithstanding sub-
paragraph (A) or (B), a candidate shall be the 
sole apparent successful candidate for the office 
of President or Vice President pursuant to sub-
paragraph (A)(iv) for purposes of this Act if— 
‘‘(I) the candidate receives a majority 
of pledged votes of electors of such office 
based on certifications by States of their 
final canvass, and the conclusion of any re-
counts, legal actions, or administrative ac-
tions pertaining to the results of the election 
for such office; 
‘‘(II) in the case where subclause (I) is 
not met, the candidate receives a majority 
of votes of electors of such office at the meet-
ing and vote of electors under section 7 of 
title 3, United States Code; or 
‘‘(III) in the case where neither sub-
clause (I) or (II) is met, the candidate is 
declared as the person elected to such office 
at the joint session of Congress under sec-
tion 15 of title 3, United States Code. 
‘‘(ii) CLARIFICATION IF STATE UNABLE TO 
CERTIFY ELECTION RESULTS OR APPOINTS MORE 
THAN ONE SLATE OF ELECTORS.—For purposes
1913 
† HR 2617 EAS2 
of subclauses (I) and (II) of clause (i), if a State 
is unable to certify its election results or a State 
appoints more than one slate of electors, the votes 
of the electors of such State shall not count to-
wards meeting the qualifications under such sub-
clauses. 
‘‘(2) PERIOD OF MULTIPLE POSSIBLE APPARENT SUC-
CESSFUL CANDIDATES.—During any period in which there 
is more than one possible apparent successful candidate for 
the office of President— 
‘‘(A) the Administrator is authorized to provide, 
upon request, to each remaining eligible candidate for 
such office and the office of Vice President described 
in paragraph (1)(A)(ii) access to services and facili-
ties pursuant to this Act; 
‘‘(B) the Administrator, in conjunction with the 
Federal Transition Coordinator designated under sec-
tion 4(c) and the senior career employee of each agen-
cy and senior career employee of each major compo-
nent and subcomponent of each agency designated 
under subsection (f)(1) to oversee and implement the 
activities of the agency, component, or subcomponent 
relating to the Presidential transition, shall make ef-
forts to ensure that each such candidate is provided
1914 
† HR 2617 EAS2 
equal access to agency information and spaces as re-
quested pursuant to this Act; 
‘‘(C) the Administrator shall provide weekly re-
ports to Congress containing a brief summary of the 
status of funds being distributed to such candidates 
under this Act, the level of access to agency informa-
tion and spaces provided to such candidates, and the 
status of such candidates with respect to meeting the 
qualifications to be the apparent successful candidate 
for the office of President or Vice President under sub-
paragraph (B) or (C) of paragraph (1); and 
‘‘(D) if a single candidate for the office of Presi-
dent or Vice President is treated as the apparent suc-
cessful candidate for such office pursuant to subpara-
graph (A)(iii) or (A)(iv) of paragraph (1), not later 
than 24 hours after such treatment is effective, the 
Administrator shall make available to the public a 
written statement that such candidate is treated as 
the sole apparent successful candidate for such office 
for purposes of this Act, including a description of the 
legal basis and reasons for such treatment based on 
the qualifications under subparagraph (B) or (C) of 
paragraph (1), as applicable.
1915 
† HR 2617 EAS2 
‘‘(3) DEFINITION.—In this subsection, the term ‘eligi-
ble candidate’ has the meaning given that term in sub-
section (h)(4).’’. 
(b) CONFORMING
AMENDMENTS.—The Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended— 
(1) in section 3— 
(A) in the heading, by striking ‘‘PRESI-
DENTS-ELECT
AND
VICE-PRESIDENTS- 
ELECT’’ and inserting ‘‘APPARENT SUCCESS-
FUL CANDIDATES’’; 
(B) in subsection (a)— 
(i) in the matter preceding paragraph 
(1)— 
(I) by striking ‘‘each President- 
elect, each Vice-President-elect’’ and in-
serting ‘‘each apparent successful can-
didate for the office of President and 
Vice President (as determined by sub-
section (c))’’; and 
(II) by striking ‘‘the President- 
elect and Vice-President-elect’’ and in-
serting ‘‘each such candidate’’; 
(ii) in paragraph (1)— 
(I) by striking ‘‘the President- 
elect, the Vice-President-elect’’ and in-
1916 
† HR 2617 EAS2 
serting ‘‘the apparent successful can-
didate’’; and 
(II) by striking ‘‘the President- 
elect or Vice-President-elect’’ and in-
serting ‘‘the apparent successful can-
didate’’; 
(iii) in paragraphs (2), (3), (4), and 
(5), by striking ‘‘the President-elect or Vice- 
President-elect’’ each place it appears and 
inserting ‘‘the apparent successful can-
didate’’; 
(iv) in paragraph (4)(B), by striking 
‘‘the President-elect, the Vice-President-elect, 
or the designee of the President-elect or Vice- 
President-elect’’ and inserting ‘‘the appar-
ent successful candidate or their designee’’; 
(v) in paragraph (8), in subparagraph 
(A)(v) and (B), by striking ‘‘the President- 
elect’’ and inserting ‘‘the apparent success-
ful candidate for the office of President’’; 
and 
(vi) in paragraph (10)— 
(I) by striking ‘‘any President- 
elect, Vice-President-elect, or eligible 
candidate’’ and inserting ‘‘any appar-
1917 
† HR 2617 EAS2 
ent successful candidate or eligible can-
didate’’; and 
(II) by striking ‘‘the President- 
elect and Vice President-elect’’ and in-
serting ‘‘the apparent successful can-
didates’’; 
(C) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘the 
President-elect or Vice-President-elect, or 
after the inauguration of the President-elect 
as President and the inauguration of the 
Vice-President-elect as Vice President’’ and 
inserting ‘‘the apparent successful can-
didates, or after the inauguration of the ap-
parent successful candidate for the office of 
President as President and the inaugura-
tion of the apparent successful candidate for 
the office of Vice President as Vice Presi-
dent’’; and 
(ii) in paragraph (2), by striking ‘‘the 
President-elect, Vice-President-elect’’ and in-
serting ‘‘the apparent successful candidate’’; 
(D) in subsection (d)— 
(i) in the first sentence, by striking 
‘‘Each President-elect’’ and inserting ‘‘Each
1918 
† HR 2617 EAS2 
apparent successful candidate for the office 
of President’’; and 
(ii) in the second sentence, by striking 
‘‘Each Vice-President-elect’’ and inserting 
‘‘Each apparent successful candidate for the 
office of Vice-President’’; 
(E) in subsection (e)— 
(i) in the first sentence, by striking 
‘‘Each President-elect and Vice-President- 
elect’’ and inserting ‘‘Each apparent suc-
cessful candidate’’; and 
(ii) in the second sentence, by striking 
‘‘any President-elect or Vice-President-elect 
may be made upon the basis of a certificate 
by him or the assistant designated by him’’ 
and inserting ‘‘any apparent successful can-
didate may be made upon the basis of a cer-
tificate by the candidate or their designee’’; 
(F) in subsection (f)— 
(i) in paragraph (1), by striking ‘‘The 
President-elect’’ and inserting ‘‘Any appar-
ent successful candidate for the office of 
President’’; and 
(ii) in paragraph (2), by striking ‘‘in-
auguration of the President-elect as Presi-
1919 
† HR 2617 EAS2 
dent and the inauguration of the Vice-Presi-
dent-elect as Vice President’’ and inserting 
‘‘inauguration of the apparent successful 
candidate for the office of President as 
President and the inauguration of the ap-
parent successful candidate for the office of 
Vice President as Vice President’’; 
(G) in subsection (g), by striking ‘‘In the 
case where the President-elect is the incumbent 
President or in the case where the Vice-Presi-
dent-elect is the incumbent Vice President’’ and 
inserting ‘‘In the case where an apparent suc-
cessful candidate for the office of President is the 
incumbent President or in the case where an ap-
parent successful candidate for the office of Vice 
President is the incumbent Vice President’’; 
(H) in subsection (h)— 
(i) in paragraph (2)(B)(iv), by strik-
ing ‘‘the President-elect or Vice-President- 
elect’’ and inserting ‘‘an apparent successful 
candidate’’; and 
(ii) in paragraph (3)(B)(iii), by strik-
ing ‘‘the President-elect or Vice-President- 
elect’’ and inserting ‘‘an apparent successful 
candidate’’; and
1920 
† HR 2617 EAS2 
(I) in subsection (i)(3)(C)— 
(i) in clause (i), by striking ‘‘the inau-
guration of the President-elect as President 
and the inauguration of the Vice-President- 
elect as Vice President’’ and inserting ‘‘the 
inauguration of the apparent successful 
candidate for the office of President as 
President and the inauguration of the ap-
parent successful candidate for the office of 
Vice President as Vice President’’; and 
(ii) in clause (ii), by striking ‘‘upon 
request of the President-elect or the Vice- 
President-elect’’ and inserting ‘‘upon request 
of the apparent successful candidate’’; 
(2) in section 4— 
(A) in subsection (e)— 
(i) in paragraph (1)(B), by striking 
‘‘the President-elect and Vice-President- 
elect’’ and inserting ‘‘the apparent success-
ful candidates (as determined by section 
3(c))’’; and 
(ii) in paragraph (4)(B), by striking 
‘‘the President-elect is inaugurated’’ and in-
serting ‘‘the apparent successful candidate
1921 
† HR 2617 EAS2 
for the office of President is inaugurated’’; 
and 
(B) in subsection (g)— 
(i) in paragraph (3)(A), by striking 
‘‘the President-elect’’ and inserting ‘‘the ap-
parent successful candidate for the office of 
President’’; and 
(ii) in paragraph (3)(B)(ii)(III), by 
striking ‘‘the President-elect’’ and inserting 
‘‘the apparent successful candidate for the 
office of President’’; 
(3) in section 5, in the first sentence, by striking 
‘‘Presidents-elect and Vice-Presidents-elect’’ and in-
serting ‘‘apparent successful candidates (as deter-
mined by section 3(c))’’; 
(4) in section 6— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking ‘‘The President- 
elect and Vice-President-elect’’ and in-
serting ‘‘Each apparent successful can-
didate 
(as 
determined 
by 
section 
3(c))’’; and 
(II) by striking ‘‘the President- 
elect or Vice-President-elect’’ and in-
1922 
† HR 2617 EAS2 
serting ‘‘the apparent successful can-
didate’’; 
(ii) in paragraph (2), by striking ‘‘The 
President-elect 
and 
Vice-President-elect’’ 
and inserting ‘‘Each apparent successful 
candidate’’; and 
(iii) in paragraph (3)(A), by striking 
‘‘inauguration of the President-elect as 
President and the Vice-President-elect as 
Vice President’’ and inserting ‘‘inaugura-
tion of the apparent successful candidate for 
the office of President as President and the 
apparent successful candidate for the office 
of Vice-President as Vice President’’; 
(B) in subsection (b)(1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘The President-elect 
and Vice-President-elect’’ and inserting 
‘‘Each apparent successful candidate’’; and 
(ii) in subparagraph (A), by striking 
‘‘the 
President-elect 
or 
Vice-President- 
elect’s’’ and inserting ‘‘the apparent success-
ful candidate’s’’; and 
(C) in subsection (c), by striking ‘‘The 
President-elect and Vice-President-elect’’ and in-
1923 
† HR 2617 EAS2 
serting ‘‘Each apparent successful candidate’’; 
and 
(5) in section 7(a)(1), by striking ‘‘the President- 
elect and Vice President-elect’’ and inserting ‘‘the ap-
parent successful candidates’’. 
DIVISION Q—AVIATION RELATED 
MATTERS 
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE 
PILOT PROGRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
establish a pilot program to provide grants that assist an 
eligible entity to plan for the development and deployment 
of infrastructure necessary to facilitate AAM operations, lo-
cally and regionally, within the United States. 
(b) PLANNING GRANTS.— 
(1) IN GENERAL.—The Secretary shall provide 
grants to eligible entities to develop comprehensive 
plans under paragraph (2) related to AAM infra-
structure. 
(2) COMPREHENSIVE PLAN.— 
(A) IN GENERAL.—Not later than 1 year 
after receiving a grant under this subsection, an 
eligible entity shall submit to the Secretary a 
comprehensive plan, including the development
1924 
† HR 2617 EAS2 
of potential public use or private-owned vertiport 
infrastructure, in a format capable of being pub-
lished on the website of the Department of Trans-
portation. 
(B) PLAN CONTENTS.—The Secretary shall 
establish content requirements for comprehensive 
plans submitted under this subsection, which 
shall include as many of the following as pos-
sible: 
(i) The identification of planned or po-
tential 
public 
use 
and 
private-owned 
vertiport locations. 
(ii) A description of infrastructure nec-
essary to support AAM operations. 
(iii) A description of types of planned 
or potential AAM operations and a forecast 
for proposed vertiport operations, including 
estimates for initial operations and future 
growth. 
(iv) The identification of physical and 
digital infrastructure required to meet any 
standards for vertiport design and perform-
ance characteristics established by the Fed-
eral Aviation Administration (as in effect 
on the date on which the Secretary issues a
1926 
† HR 2617 EAS2 
and multimodal facilities for AAM op-
erations; 
(II) opportunities to create new 
service to rural areas and areas under-
served by air transportation; or 
(III) any potential conflict with 
existing aviation infrastructure that 
may arise from the planned or poten-
tial location of the vertiport. 
(viii) A description of how vertiport 
planning will be incorporated in State or 
metropolitan planning documents. 
(ix) The identification of the process 
an eligible entity will undertake to ensure 
an adequate level of engagement with any 
potentially impacted community for each 
planned or potential vertiport location and 
planned or potential AAM operations, such 
as engagement with communities in rural 
areas, underserved communities, Tribal 
communities, individuals with disabilities, 
or racial and ethnic minorities to address 
equity of access. 
(x) The identification of State, local, or 
private sources of funding an eligible entity
1927 
† HR 2617 EAS2 
may use to assist with the construction or 
operation of a vertiport. 
(xi) The identification of existing Fed-
eral aeronautical and airspace requirements 
that must be met for the eligible entity’s 
planned or potential vertiport location. 
(xii) The identification of the actions 
necessary for an eligible entity to undertake 
the construction of a vertiport, such as 
planning studies to assess existing infra-
structure, environmental studies, studies of 
projected economic benefit to the commu-
nity, lease or acquisition of an easement or 
land for new infrastructure, and activities 
related to other capital costs. 
(3) APPLICATION.—To apply for a grant under 
this subsection, an eligible entity shall provide to the 
Secretary an application in such form, at such time, 
and containing such information as the Secretary 
may require. 
(4) SELECTION.— 
(A) IN
GENERAL.—In awarding grants 
under this subsection, the Secretary shall con-
sider the following: 
(i) Geographic diversity.
1928 
† HR 2617 EAS2 
(ii) Diversity of the proposed models of 
infrastructure financing and management. 
(iii) Diversity of proposed or planned 
AAM operations. 
(iv) The need for comprehensive plans 
that— 
(I) ensure the safe and efficient 
integration of AAM operations into the 
National Airspace System; 
(II) improve transportation safe-
ty, connectivity, access, and equity in 
both rural and urban regions in the 
United States; 
(III) 
leverage 
existing 
public 
transportation systems and intermodal 
and multimodal facilities; 
(IV) reduce surface congestion and 
the environmental impacts of transpor-
tation; 
(V) grow the economy and create 
jobs in the United States; and 
(VI) encourage community en-
gagement when planning for AAM-re-
lated infrastructure.
1929 
† HR 2617 EAS2 
(B) 
PRIORITY.—The 
Secretary 
shall 
prioritize awarding grants under this subsection 
to eligible entities that collaborate with commer-
cial AAM entities, institutions of higher edu-
cation, research institutions, or other relevant 
stakeholders to develop and prepare a com-
prehensive plan. 
(C) 
MINIMUM
ALLOCATION
TO
RURAL 
AREAS.—The Secretary shall ensure that not less 
than 20 percent of the amounts made available 
under subsection (c) are used to award grants to 
eligible entities that submit a comprehensive 
plan under paragraph (2) that is related to in-
frastructure located in a rural area. 
(5) GRANT AMOUNT.—Each grant made under 
this subsection shall be made in an amount that is 
not more than $1,000,000. 
(6) BRIEFING.— 
(A) IN GENERAL.—Not later than 180 days 
after the first comprehensive plan is submitted 
under paragraph (2), and every 180 days there-
after through September 30, 2025, the Secretary 
shall provide a briefing to the appropriate com-
mittees of Congress on the comprehensive plans
1930 
† HR 2617 EAS2 
submitted to the Secretary under such para-
graph. 
(B) 
CONTENTS.—The 
briefing 
required 
under subparagraph (A) shall include— 
(i) an evaluation of all planned or po-
tential vertiport locations included in the 
comprehensive plans submitted under para-
graph (2) and how such planned or poten-
tial vertiport locations may fit into the 
overall United States transportation system 
and network; and 
(ii) a description of lessons or best 
practices learned through the review of com-
prehensive plans and how the Secretary will 
incorporate any such lessons or best prac-
tices into Federal standards or guidance for 
the design and operation of AAM infra-
structure and facilities. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There are authorized to be 
appropriated to the Secretary to carry out this sec-
tion $12,500,000 for each of fiscal years 2023 and 
2024, to remain available until expended. 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts made available under paragraph (1), the
1931 
† HR 2617 EAS2 
Secretary may retain up to 1 percent for personnel, 
contracting, and other costs to establish and admin-
ister the pilot program under this section. 
(d) TERMINATION.— 
(1) IN GENERAL.—No grant may be awarded 
under this section after September 30, 2024. 
(2) CONTINUED FUNDING.—Funds authorized to 
be appropriated pursuant to subsection (c) may be ex-
pended after September 30, 2024— 
(A) for grants awarded prior to September 
30, 2024; and 
(B) for administrative expenses. 
(e) DEFINITIONS.—In this section: 
(1) ADVANCED AIR MOBILITY; AAM.—The terms 
‘‘advanced air mobility’’ and ‘‘AAM’’ have the mean-
ing given such terms in section 2(i) of the Advanced 
Air Mobility Coordination and Leadership Act (49 
U.S.C. 40101 note). 
(2) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate.
1932 
† HR 2617 EAS2 
(3) COMMERCIAL
AAM
ENTITIES.—The term 
‘‘commercial AAM entities’’ means— 
(A) manufacturers of aircraft, avionics, 
propulsion systems, and air traffic management 
systems related to AAM; 
(B) intended commercial operators of AAM 
aircraft and systems; and 
(C) intended commercial operators and de-
velopers of vertiports. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State, local, or Tribal government, in-
cluding a political subdivision thereof; 
(B) an airport sponsor; 
(C) a transit agency; 
(D) a port authority; 
(E) a metropolitan planning organization; 
or 
(F) any combination or consortium of the 
entities described in subparagraphs (A) through 
(E). 
(5) METROPOLITAN PLANNING ORGANIZATION.— 
The term ‘‘metropolitan planning organization’’ has 
the meaning given such term in section 5303(b) of 
title 49, United States Code.
1933 
† HR 2617 EAS2 
(6) RURAL AREA.—The term ‘‘rural area’’ means 
an area located outside a metropolitan statistical 
area (as designated by the Office of Management and 
Budget). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(8) STATE.—The term ‘‘State’’ means a State of 
the United States, the District of Columbia, Puerto 
Rico, the Virgin Islands, American Samoa, the North-
ern Mariana Islands, and Guam. 
(9) VERTIPORT.—The term ‘‘vertiport’’ means a 
designated location used or intended to be used to 
support AAM operations, including the landing, take- 
off, loading, taxiing, parking, and storage of aircraft 
developed for AAM operations. 
(10) VERTICAL
TAKE-OFF
AND
LANDING
AIR-
CRAFT.—The term ‘‘vertical take-off and landing air-
craft’’ has the meaning given such term in section 
2(i) of the Advanced Air Mobility Coordination and 
Leadership Act (49 U.S.C. 40101 note). 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed as conferring upon any person, State, 
local, or Tribal government the authority to determine the 
safety of any AAM operation or the feasibility of simulta-
1934 
† HR 2617 EAS2 
neous operations by AAM and conventional aircraft within 
any given area of the national airspace system. 
SEC. 102. SAMYA ROSE STUMO NATIONAL AIR GRANT FEL-
LOWSHIP PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Samya Rose Stumo National Air Grant Fellowship Pro-
gram Act of 2022’’. 
(b) DESIGNATION.— 
(1) IN GENERAL.—Section 131 of division V of 
the Consolidated Appropriations Act of 2021 (49 
U.S.C. 40101 note) is amended— 
(A) in the section heading, by inserting 
‘‘SAMYA
ROSE
STUMO’’ before ‘‘NATIONAL 
AIR GRANT FELLOWSHIP PROGRAM’’; 
(B) in the paragraph heading of subsection 
(a)(4), by inserting ‘‘SAMYA ROSE STUMO’’ before 
‘‘NATIONAL AIR GRANT FELLOWSHIP PROGRAM’’; 
and 
(C) by inserting ‘‘Samya Rose Stumo’’ be-
fore ‘‘National Air Grant Fellowship Program’’ 
each place it appears. 
(2) CLERICAL AMENDMENT.—Section 101(b) of 
division V of the Consolidated Appropriations Act of 
2021 (Public Law 116–260) is amended by striking
1935 
† HR 2617 EAS2 
the item relating to section 131 and by inserting the 
following: 
‘‘Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program.’’. 
(c) REFERENCES.—On and after the date of enactment 
of this section, any reference in a law, regulation, docu-
ment, paper, or other record of the United States to the 
‘‘National Air Grant Fellowship Program’’ shall be deemed 
to be a reference to the ‘‘Samya Rose Stumo National Air 
Grant Fellowship Program’’. 
(d) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the lives of 189 passengers and crew, who 
died in the Lion Air Flight 610 crash on October 29, 
2018, are commemorated and recognized, including, 
but not limited to, Captain Bhavye Suneja, First Of-
ficer Harvino, Permadi Anggrimulja, Liu Chandra, 
Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel 
Suhardja 
Wijaya, 
Mardiman, 
Dadang, 
Diah 
Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici 
Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi 
Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti 
Nuraini, Henry Heuw, Khotijah, Jannatun Cintya 
Dewi, Ammad Mughni, Sudibyo Onggowardoyo, 
Shintia Melina, Citra Novita Anggelia Putri, Alviani 
Hidayatul Solikha, Damayanti Simarmata, Mery 
Yulyanda, Putri Yuniarsi, Putty Fatikah Rani, Tan
1936 
† HR 2617 EAS2 
Toni, Tami Julian, Moedjiono, Deny Maula, Michelle 
Vergina Bonkal, Mathew Darryl Bongkal, Adonia 
Magdiel Bonkal, Fiona Ayu Zen S, Agil Nugroho 
Septian, Wahyu Alldilla, Xherdan Fachredzi, Deryl 
Fida Febrianto, Bambang Rosali Usman, Nikki 
Bagus Santoso, Andrea Manfredi, Muhammad Luthfi 
Nurrandhani, Shandy Johan Ramadhan, Muchtar 
Rasyid, Rebiyanti, Eka Suganda, Yulia Silvianti, 
Syahrudin, Sekar Maulana, Fais Saleh Harharah, 
Natalia Setiawan, Alfiani Hidayatul Solikah, Robert 
Susanto, Rudolf Petrus Sayers, Muhammad Syafi, 
Sian Sian, Arif Yustian, Vicky Ardian, Wanto, and 
Verian Utama; 
(2) the life of Samya Rose Stumo and the lives 
of 156 passengers and crew who died in the Ethio-
pian Airlines Flight 302 crash on March 10, 2019, 
are commemorated and recognized, including, but not 
limited to, Abdishakur Shahad, Abdullahi Moham-
med, Adam Kornaski, Adam Mbicha, Professor Agnes 
W. Gathumbi, Ahmednur Mohammed Omar, Alex-
andra Wachtmeister, Ama Tesfamariam, Ambassador 
Abiodun 
Oluremi 
Bashua, 
Ameen 
Ismail 
Noormohamed, 
Amina 
Ibrahim 
Odawaa, 
Amos 
Namanya, Angela Rehhorn, Ann Wangui Karanja, 
Anne Mogoi Birundu, Anne (last name unknown),
1937 
† HR 2617 EAS2 
Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, 
Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson 
Maina Gathu, Bernard Musembi Mutua, Captain 
Yared Getachew, Carolyne Karanja, Ryan Njuguna, 
Kerri 
Pauls, 
Rubi 
Pauls, 
Cedric 
Asiavugwa, 
Chunming Jack Wang, Cosmas Kipngetich Rogony, 
CP Christine Alalo, Danielle Moore, Darcy Belanger, 
Dawn Tanner, Djordje Vdovic, Doaa Atef Abdel 
Salam, Dr. Ben Ahmed Chihab, Dr. Manisha 
Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Fa-
ther George Mukua, First Officer Ahmednur Moham-
med, Ayantu Girma, Sara Gebre Michael, Carlo 
Spini, Gabriella Viciani, George Kabau, George 
Kabugi, George Kamau Thugge, Getnet Alemayehu, 
GaoShuang, Ghislaine De Claremont, Harina Hafitz, 
Siraje Hussein Abdi, Hussein Swaleh, Isaac Mwangi, 
Isabella Beryl Achieng Jaboma, Jackson Musoni, 
Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica 
Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau 
Sayol, Josefin Ekermann, Joseph Kuria Waithaka, 
Julia Mwashi, Karim Saafi, Karoline Aadland, 
Kodjo Glato, Marcelino Rassul Tayob, Marie Philipp, 
Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso 
Edkins, Mel Riffel, Micah John Messent, Michael 
Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta
1938 
† HR 2617 EAS2 
Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia 
Adam Abaker Ali, Oliver Vick, Paolo Dieci, Peter 
DeMarsh, Professor Adesanmi, Saad Khalaf Al- 
Mutairi, Sam Pegram, Sara Chalachew, Sarah 
Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu 
Aymeku, Sintayehu Shafi Balaker, Sofia Faisal 
Abdulkadir, 
Ste´phanie 
Lacroix, 
Stella 
Mbicha 
Konarska, Tamirat Mulu Demessie, Anthony Wanjohi 
Ngare, United States Army Captain Antoine Lewis, 
Vaibhav Lahoti, Victor Tsang, Virginia Chimenit, 
WangHeo, Xavier Fricaudet, Yekaterina Polyakova, 
Alexander Polyako, Zhen Zhen Huang, ZhouYuan, 
Pannagesh 
Vaidya, 
Hansini 
Vaidya, 
Joseph 
Waithaka, Blanka Hrnko, Martin Hrnko, Michala 
Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, 
Nasser Fatehy Al-Azab Douban, Asraf Mohamed 
Abdel 
Halim 
Al-Turkim, 
Abdel-Hamid 
Farrag 
Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, 
Jin Yetao, Derick Lwugi, Reverend Sister Florence 
Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, 
Reverend Norman Tendis, and Pius Adesanmi; 
(3) the life of Indonesian diver Syachrul Anto, 
who died during search and rescue recovery oper-
ations in the aftermath of the Lion Air Flight 610 
crash, is commemorated and recognized; and
1939 
† HR 2617 EAS2 
(4) the Senate and the House of Representatives 
express their condolences to the families, friends, and 
loved ones of those who died on Lion Air Flight 610 
and Ethiopian Airlines Flight 302 and commend 
their ongoing advocacy to advance aviation safety for 
the flying public at large. 
SEC. 103. TEMPORARY INSURANCE FOR AIR CARRIERS FOR 
CERTAIN TERMINATED COVERAGE. 
(a) IN GENERAL.—Chapter 443 of title 49, United 
States Code, is amended by inserting after section 44302 
the following: 
‘‘§ 44302a. Temporary insurance 
‘‘(a) IN GENERAL.—The Secretary may provide insur-
ance or reinsurance under this section to or for an air car-
rier for 1 coverage period not to exceed 90 days. Except 
as otherwise provided in this section, such insurance or re-
insurance shall be subject to the requirements of this chap-
ter. 
‘‘(b) RESTRICTIONS.—A policy for insurance or rein-
surance issued under this section— 
‘‘(1) may not be issued unless the insurance car-
rier of the air carrier has unilaterally terminated the 
air carrier’s war risk liability coverage pursuant to— 
‘‘(A) notice under the policy; 
‘‘(B) an endorsement to the policy; or
1940 
† HR 2617 EAS2 
‘‘(C) an automatic termination provision in 
the policy or any endorsement thereto; and 
‘‘(2) may cover hull, comprehensive, and third 
party liability risks. 
‘‘(c) PREMIUM.—A premium for insurance or reinsur-
ance provided under this section shall be calculated based 
on a prorated amount equivalent to the premium that was 
in effect under the terminated insurance carrier policy. 
‘‘(d) APPROVAL.—A policy for insurance or reinsur-
ance provided under this section— 
‘‘(1) shall be exempt from the requirements of 
section 44302(c); and 
‘‘(2) may provide coverage to the extent allowed 
under section 44303, as determined by the Secretary, 
notwithstanding any determination by the President 
in subsection (a)(1) of such section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) GENERAL AUTHORITY.—Section 44303(a) of 
title 49, United States Code, is amended by striking 
‘‘section 44302’’ and inserting ‘‘sections 44302 and 
44302a’’. 
(2) ENDING EFFECTIVE DATE.—Section 44310(a) 
of title 49, United States Code, is amended by strik-
ing ‘‘section 44305’’ and inserting ‘‘sections 44302a 
and 44305’’.
1941 
† HR 2617 EAS2 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
443 of title 49, United States Code, is amended by inserting 
after the item relating to section 44302 the following: 
‘‘44302a. Temporary insurance.’’. 
SEC. 104. REMOVAL OF RESTRICTION ON VETERANS CON-
CURRENTLY SERVING IN THE OFFICES OF AD-
MINISTRATOR AND DEPUTY ADMINISTRATOR 
OF THE FEDERAL AVIATION ADMINISTRA-
TION. 
Section 106(d)(1) of title 49, United States Code, is 
amended by striking ‘‘, a retired regular officer of an armed 
force, or a former regular officer of an armed force’’. 
SEC. 105. NATIONAL AVIATION PREPAREDNESS PLAN. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Secretary of Transpor-
tation, in coordination with the Secretary of Health and 
Human Services, the Secretary of Homeland Security, and 
the heads of such other Federal departments or agencies as 
the Secretary of Transportation considers appropriate, 
shall develop a national aviation preparedness plan for 
communicable disease outbreaks. 
(b) CONTENTS OF PLAN.—The plan developed under 
subsection (a) shall, at a minimum— 
(1) provide airports and air carriers with an 
adaptable and scalable framework with which to align 
the individual plans, including the emergency re-
1942 
† HR 2617 EAS2 
sponse plans, of such airports and air carriers and 
provide guidance as to each individual plan; 
(2) improve coordination among airports, air 
carriers, the Transportation Security Administration, 
U.S. Customs and Border Protection, the Centers for 
Disease Control and Prevention, other appropriate 
Federal entities, and State and local governments and 
health agencies with respect to preparing for and re-
sponding to communicable disease outbreaks; 
(3) to the extent practicable, improve coordina-
tion among relevant international entities; 
(4) create a process to identify appropriate per-
sonal protective equipment, if any, for covered em-
ployees to reduce the likelihood of exposure to a cov-
ered communicable disease, and thereafter issue rec-
ommendations for the equipage of such employees; 
(5) create a process to identify appropriate tech-
niques, strategies, and protective infrastructure, if 
any, for the cleaning, disinfecting, and sanitization of 
aircraft and enclosed facilities owned, operated, or 
used by an air carrier or airport, and thereafter issue 
recommendations pertaining to such techniques, strat-
egies, and protective infrastructure; 
(6) create a process to evaluate technologies and 
develop procedures to effectively screen passengers for
1943 
† HR 2617 EAS2 
communicable diseases, including through the use of 
temperature checks if appropriate, for domestic and 
international passengers, crew members, and other in-
dividuals passing through airport security check-
points; 
(7) identify and assign Federal agency roles in 
the deployment of emerging and existing technologies 
and solutions to reduce covered communicable diseases 
in the aviation ecosystem; 
(8) clearly delineate the responsibilities of the 
sponsors and operators of airports, air carriers, and 
Federal agencies in responding to a covered commu-
nicable disease; 
(9) 
incorporate, 
as 
appropriate, 
the 
rec-
ommendations made by the Comptroller General of 
the United States to the Secretary of Transportation 
contained in the report titled ‘‘Air Travel and Com-
municable Diseases: Comprehensive Federal Plan 
Needed for U.S. Aviation System’s Preparedness’’, 
issued in December 2015 (GAO-16-127); 
(10) consider the latest peer-reviewed scientific 
studies that address communicable disease with re-
spect to air transportation; and 
(11) consider funding constraints.
1944 
† HR 2617 EAS2 
(c) CONSULTATION.—When developing the plan under 
subsection (a), the Secretary of Transportation shall consult 
with aviation industry and labor stakeholders, including 
representatives of— 
(1) air carriers, which shall include domestic air 
carriers consisting of major air carriers, low-cost car-
riers, regional air carriers and cargo carriers; 
(2) airport operators, including with respect to 
large hub, medium hub, small hub, and nonhub com-
mercial service airports; 
(3) labor organizations that represent airline pi-
lots, flight attendants, air carrier airport customer 
service representatives, and air carrier maintenance, 
repair, and overhaul workers; 
(4) the labor organization certified under section 
7111 of title 5, United States Code, as the exclusive 
bargaining representative of air traffic controllers of 
the Federal Aviation Administration; 
(5) the labor organization certified under such 
section as the exclusive bargaining representative of 
airway transportation systems specialists and avia-
tion safety inspectors of the Federal Aviation Admin-
istration; 
(6) trade associations representing air carriers 
and airports;
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† HR 2617 EAS2 
(7) aircraft manufacturing companies; 
(8) general aviation; and 
(9) such other stakeholders as the Secretary con-
siders appropriate. 
(d) REPORT.—Not later than 30 days after the plan 
is developed under subsection (a), the Secretary shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that includes such plan. 
(e) REVIEW OF PLAN.—Not later than 1 year after the 
date on which a report is submitted under subsection (d), 
and again not later than 5 years thereafter, the Secretary 
shall review the plan included in such report and, after con-
sultation with aviation industry and labor stakeholders, 
make changes by rule as the Secretary considers appro-
priate. 
(f) GAO STUDY.—Not later than 18 months after the 
date of enactment of this section, the Comptroller General 
shall conduct and submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a study assessing the national aviation 
preparedness plan developed under subsection (a), includ-
ing—
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† HR 2617 EAS2 
(1) whether such plan— 
(A) is responsive to any previous rec-
ommendations relating to aviation preparedness 
with respect to an outbreak of a covered commu-
nicable disease or global health emergency made 
by the Comptroller General; and 
(B) meets the obligations of the United 
States under international conventions and trea-
ties; and 
(2) the extent to which the United States avia-
tion system is prepared to respond to an outbreak of 
a covered communicable disease. 
(g) DEFINITIONS.—In this section: 
(1) COVERED
EMPLOYEE.—The term ‘‘covered 
employee’’ means— 
(A) an individual whose job duties require 
interaction with air carrier passengers on a reg-
ular and continuing basis and who is an em-
ployee of— 
(i) an air carrier; 
(ii) an air carrier contractor; 
(iii) an airport; or 
(iv) the Federal Government; or
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† HR 2617 EAS2 
(B) an air traffic controller or systems safe-
ty specialist of the Federal Aviation Administra-
tion. 
(2) COVERED
COMMUNICABLE
DISEASE.—The 
term ‘‘covered communicable disease’’ means a com-
municable disease that has the potential to cause a fu-
ture epidemic or pandemic of infectious disease that 
would constitute a public health emergency of inter-
national concern as declared, after the date of enact-
ment of this section, by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d). 
(3) TEMPERATURE CHECK.—The term ‘‘tempera-
ture check’’ means the screening of an individual for 
a fever. 
SEC. 106. AEROSPACE SUPPLY CHAIN RESILIENCY TASK 
FORCE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this section, the Secretary of Transpor-
tation shall establish the Aerospace Supply Chain Resil-
iency Task Force (in this section referred to as the ‘‘Task 
Force’’) to— 
(1) identify and assess risks to United States 
aerospace supply chains, including the availability of
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† HR 2617 EAS2 
raw materials and critical manufactured goods, with 
respect to— 
(A) major end items produced by the aero-
space industry; and 
(B) the infrastructure of the National Air-
space System; and 
(2) identify best practices and make rec-
ommendations to mitigate risks identified under 
paragraph (1) and support a robust United States 
aerospace supply chain. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Secretary shall appoint 
not more than 21 individuals to the Task Force. 
(2) COMPOSITION.—In appointing individuals to 
the Task Force, the Secretary shall appoint: 
(A) At least 1 individual representing each 
of the following: 
(i) Manufacturers of aircraft. 
(ii) Manufacturers of avionics. 
(iii) Manufacturers of aircraft propul-
sion systems. 
(iv) Manufacturers of aircraft struc-
tures.
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† HR 2617 EAS2 
(v) Manufacturers of communications, 
navigation, and surveillance equipment 
used for the provision of air traffic services. 
(vi) 
Manufacturers 
of 
commercial 
space transportation launch vehicles. 
(vii) Commercial air carriers. 
(viii) General aviation operators. 
(ix) Rotorcraft operators. 
(x) Unmanned aircraft system opera-
tors. 
(xi) Aircraft maintenance providers. 
(xii) Aviation safety organizations. 
(B) At least 1 individual representing cer-
tified labor representatives of each of the fol-
lowing: 
(i) Aircraft mechanics. 
(ii) Aircraft engineers. 
(iii) Aircraft manufacturers. 
(iv) Airway transportation system spe-
cialists employed by the Federal Aviation 
Administration. 
(C) Individuals with expertise in logistics, 
economics, supply chain management, or another 
field or discipline related to the resilience of in-
dustrial supply chains.
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† HR 2617 EAS2 
(c) ACTIVITIES.—In carrying out the responsibilities 
of the Task Force described in subsection (a), the Task Force 
shall— 
(1) engage with the aerospace industry to docu-
ment trends in changes to production throughput and 
lead times of major end items produced by the aero-
space industry; 
(2) determine the extent to which United States 
aerospace supply chains are potentially exposed to 
significant disturbances, including the existence of 
and potential for supply chain issues such as 
chokepoints, bottlenecks, or shortages that could pre-
vent or inhibit the production or flow of major end 
items and services; 
(3) explore new solutions to resolve such supply 
chain issues identified under paragraph (2), includ-
ing through the use of— 
(A) existing aerospace infrastructure; and 
(B) 
aerospace 
infrastructure, 
manufac-
turing capabilities, and production capacities in 
small or rural communities; 
(4) evaluate the potential for the introduction 
and integration of advanced technology to— 
(A) relieve such supply chain issues; and 
(B) fill such gaps;
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† HR 2617 EAS2 
(5) utilize, to the maximum extent practicable, 
existing supply chain studies, reports, and materials 
in carrying out the activities described in this sub-
section; and 
(6) provide recommendations to address, man-
age, and relieve such supply chain issues. 
(d) MEETINGS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Task Force shall convene at such times 
and places, and by such means, as the Secretary de-
termines to be appropriate, which may include the 
use of remote conference technology. 
(2) TIMING.—The Task Force shall convene for 
an initial meeting not later than 120 days after the 
date of enactment of this section and at least every 
90 days thereafter. 
(e) REPORTS TO CONGRESS.— 
(1) REPORT OF TASK FORCE.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the initial meeting of the Task 
Force, the Task Force shall submit to the appro-
priate committees of Congress a report on the ac-
tivities of the Task Force. 
(B) CONTENTS.—The report required under 
subparagraph (A) shall include—
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† HR 2617 EAS2 
(i) best practices and recommendations 
identified pursuant to subsection (a)(2); 
(ii) a detailed description of the find-
ings of the Task Force pursuant to the ac-
tivities required by subsection (c); and 
(iii) recommendations of the Task 
Force, if any, for regulatory, policy, or leg-
islative action to improve Government ef-
forts to reduce barriers, mitigate risk, and 
bolster the resiliency of United States aero-
space supply chains. 
(2) REPORT OF SECRETARY.—Not later than 180 
days after the submission of the report required under 
paragraph (1), the Secretary shall submit a report to 
the appropriate committees of Congress on the status 
or implementation of recommendations of the Task 
Force included in the report required under para-
graph (1). 
(f) APPLICABLE LAW.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the Task 
Force. 
(g) SUNSET.—The Task Force shall terminate upon 
the submission of the report required by subsection (e)(1). 
(h) DEFINITIONS.—In this section:
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† HR 2617 EAS2 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
(B) the Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) MAJOR END ITEM.—The term ‘‘major end 
item’’ means— 
(A) an aircraft; 
(B) an aircraft engine or propulsion sys-
tem; 
(C) communications, navigation, or surveil-
lance equipment used in the provision of air 
traffic services; and 
(D) any other end item the manufacture 
and operation of which has a significant effect 
on air commerce, as determined by the Sec-
retary. 
SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS. 
(a) IN GENERAL.—Section 44729(a) of title 49, United 
States Code, is amended by striking ‘‘covered operations 
until attaining 65 years of age.’’ and inserting the fol-
lowing: ‘‘covered operations described in subsection (b)(1)
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† HR 2617 EAS2 
until attaining 65 years of age. Air carriers that employ 
pilots who serve in covered operations described in sub-
section (b)(2) may elect to implement an age restriction to 
prohibit employed pilots from serving in such covered oper-
ations after attaining 70 years of age by delivering written 
notice to the Administrator of the Federal Aviation Admin-
istration. Such election— 
‘‘(1) shall take effect 1 year after the date of de-
livery of written notice of the election; and 
‘‘(2) may not be terminated after the date on 
which such election takes effect by the air carrier.’’. 
(b) COVERED OPERATIONS.—Section 44729(b) of title 
49, United States Code, is amended by striking ‘‘means op-
erations under part 121 of title 14, Code of Federal Regula-
tions.’’ and inserting the following: ‘‘means— 
‘‘(1) operations under part 121 of title 14, Code 
of Federal Regulations; or 
‘‘(2) operations by a person that— 
‘‘(A) holds an air carrier certificate issued 
pursuant to part 119 of title 14, Code of Federal 
Regulations, to conduct operations under part 
135 of such title; 
‘‘(B) holds management specifications under 
subpart K of title 91 of title 14, Code of Federal 
Regulations; and
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† HR 2617 EAS2 
‘‘(C) performed an aggregate total of at 
least 75,000 turbojet operations in calendar year 
2019 or any subsequent year.’’. 
(c) PROTECTION FOR COMPLIANCE.—An action or elec-
tion taken in conformance with the amendments made by 
this section, or taken in conformance with a regulation 
issued to carry out the amendments made by this section, 
may not serve as a basis for liability or relief in a pro-
ceeding brought under any employment law or regulation 
before any court or agency of the United States or of any 
State or locality. 
DIVISION R—NO TIKTOK ON 
GOVERNMENT DEVICES 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘No TikTok on Gov-
ernment Devices Act’’. 
SEC. 102. PROHIBITION ON THE USE OF TIKTOK. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered application’’ means the so-
cial networking service TikTok or any successor ap-
plication or service developed or provided by 
ByteDance Limited or an entity owned by ByteDance 
Limited;
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† HR 2617 EAS2 
(2) the term ‘‘executive agency’’ has the meaning 
given that term in section 133 of title 41, United 
States Code; and 
(3) the term ‘‘information technology’’ has the 
meaning given that term in section 11101 of title 40, 
United States Code. 
(b) PROHIBITION ON THE USE OF TIKTOK.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Director of 
the Office of Management and Budget, in consultation 
with the Administrator of General Services, the Direc-
tor of the Cybersecurity and Infrastructure Security 
Agency, the Director of National Intelligence, and the 
Secretary of Defense, and consistent with the informa-
tion security requirements under subchapter II of 
chapter 35 of title 44, United States Code, shall de-
velop standards and guidelines for executive agencies 
requiring the removal of any covered application from 
information technology. 
(2) NATIONAL SECURITY AND RESEARCH EXCEP-
TIONS.—The standards and guidelines developed 
under paragraph (1) shall include— 
(A) exceptions for law enforcement activi-
ties, national security interests and activities, 
and security researchers; and
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† HR 2617 EAS2 
(B) for any authorized use of a covered ap-
plication under an exception, requirements for 
executive agencies to develop and document risk 
mitigation actions for such use. 
DIVISION S—OCEANS RELATED 
MATTERS 
TITLE I—DRIFTNET 
MODERNIZATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Driftnet Modernization 
and Bycatch Reduction Act’’. 
SEC. 102. DEFINITION. 
Section 3(25) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1802(25)) is 
amended by inserting ‘‘, or with a mesh size of 14 inches 
or greater,’’ after ‘‘more’’. 
SEC. 103. FINDINGS AND POLICY. 
(a) FINDINGS.—Section 206(b) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 U.S.C. 
1826(b)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following:
1958 
† HR 2617 EAS2 
‘‘(8) within the exclusive economic zone, large- 
scale driftnet fishing that deploys nets with large 
mesh sizes causes significant entanglement and mor-
tality of living marine resources, including myriad 
protected species, despite limitations on the lengths of 
such nets.’’. 
(b) POLICY.—Section 206(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1826(c)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) prioritize the phase out of large-scale 
driftnet fishing in the exclusive economic zone and 
promote the development and adoption of alternative 
fishing methods and gear types that minimize the in-
cidental catch of living marine resources.’’. 
SEC. 104. TRANSITION PROGRAM. 
Section 206 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1826) is amend-
ed by adding at the end the following— 
‘‘(i) FISHING GEAR TRANSITION PROGRAM.—
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† HR 2617 EAS2 
‘‘(1) IN GENERAL.—During the 5-year period be-
ginning on the date of enactment of the Driftnet Mod-
ernization and Bycatch Reduction Act, the Secretary 
shall conduct a transition program to facilitate the 
phase-out of large-scale driftnet fishing and adoption 
of alternative fishing practices that minimize the in-
cidental catch of living marine resources, and shall 
award grants to eligible permit holders who partici-
pate in the program. 
‘‘(2) PERMISSIBLE USES.—Any permit holder re-
ceiving a grant under paragraph (1) may use such 
funds only for the purpose of covering— 
‘‘(A) any fee originally associated with a 
permit authorizing participation in a large-scale 
driftnet fishery, if such permit is surrendered for 
permanent revocation, and such permit holder 
relinquishes any claim associated with the per-
mit; 
‘‘(B) a forfeiture of fishing gear associated 
with a permit described in subparagraph (A); or 
‘‘(C) the purchase of alternative gear with 
minimal incidental catch of living marine re-
sources, if the fishery participant is authorized 
to continue fishing using such alternative gears.
1960 
† HR 2617 EAS2 
‘‘(3) CERTIFICATION.—The Secretary shall cer-
tify that, with respect to each participant in the pro-
gram under this subsection, any permit authorizing 
participation in a large-scale driftnet fishery has been 
permanently revoked and that no new permits will be 
issued to authorize such fishing.’’. 
SEC. 105. EXCEPTION. 
Section 307(1)(M) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)(M)) 
is amended by inserting before the semicolon the following: 
‘‘, unless such large-scale driftnet fishing— 
‘‘(i) deploys, within the exclusive eco-
nomic zone, a net with a total length of less 
than two and one-half kilometers and a 
mesh size of 14 inches or greater; and 
‘‘(ii) is conducted within 5 years of the 
date of enactment of the Driftnet Mod-
ernization and Bycatch Reduction Act’’. 
SEC. 106. FEES. 
(a) IN GENERAL.—The North Pacific Fishery Manage-
ment Council may recommend, and the Secretary of Com-
merce may approve, regulations necessary for the collection 
of fees from charter vessel operators who guide recreational 
anglers who harvest Pacific halibut in International Pacific 
Halibut Commission regulatory areas 2C and 3A as those
1961 
† HR 2617 EAS2 
terms are defined in part 300 of title 50, Code of Federal 
Regulations (or any successor regulations). 
(b) USE OF FEES.—Any fees collected under this sec-
tion shall be available for the purposes of— 
(1) financing administrative costs of the Rec-
reational Quota Entity program; 
(2) the purchase of halibut quota shares in Inter-
national Pacific Halibut Commission regulatory 
areas 2C and 3A by the recreational quota entity au-
thorized in part 679 of title 50, Code of Federal Regu-
lations (or any successor regulations); 
(3) halibut conservation and research; and 
(4) promotion of the halibut resource by the rec-
reational quota entity authorized in part 679 of title 
50, Code of Federal Regulations (or any successor reg-
ulations). 
(c) LIMITATION ON COLLECTION AND AVAILABILITY.— 
Fees shall be collected and available pursuant to this section 
only to the extent and in such amounts as provided in ad-
vance in appropriations Acts, subject to subsection (d). 
(d) FEE COLLECTED DURING START-UP PERIOD.— 
Notwithstanding subsection (c), fees may be collected 
through the date of enactment of an Act making appropria-
tions for the activities authorized under this Act through
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† HR 2617 EAS2 
September 30, 2023, and shall be available for obligation 
and remain available until expended. 
TITLE II—FISHERY RESOURCE 
DISASTERS IMPROVEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Fishery Resource Disas-
ters Improvement Act’’. 
SEC. 202. FISHERY RESOURCE DISASTER RELIEF. 
Section 312(a) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861a(a)) is 
amended to read as follows: 
‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ALLOWABLE CAUSE.—The term ‘allow-
able cause’ means a natural cause, discrete an-
thropogenic cause, or undetermined cause, in-
cluding a cause that occurred not more than 5 
years prior to the date of a request for a fishery 
resource disaster determination that affected such 
applicable fishery. 
‘‘(B) ANTHROPOGENIC
CAUSE.—The term 
‘anthropogenic cause’ means an anthropogenic 
event, such as an oil spill or spillway opening—
1963 
† HR 2617 EAS2 
‘‘(i) that could not have been addressed 
or prevented by fishery management meas-
ures; and 
‘‘(ii) that is otherwise beyond the con-
trol of fishery managers to mitigate through 
conservation and management measures, in-
cluding regulatory restrictions imposed as a 
result of judicial action or to protect human 
health or marine animals, plants, or habi-
tats. 
‘‘(C) FISHERY RESOURCE DISASTER.—The 
term ‘fishery resource disaster’ means a disaster 
that is determined by the Secretary in accord-
ance with this subsection and— 
‘‘(i) is an unexpected large decrease in 
fish stock biomass or other change that re-
sults in significant loss of access to the fish-
ery resource, which may include loss of fish-
ing vessels and gear for a substantial period 
of time and results in significant revenue 
loss or negative subsistence impact due to 
an allowable cause; and 
‘‘(ii) does not include— 
‘‘(I) reasonably predictable, fore-
seeable, and recurrent fishery cyclical
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† HR 2617 EAS2 
variations in species distribution or 
stock abundance; or 
‘‘(II) reductions in fishing oppor-
tunities resulting from conservation 
and management measures taken pur-
suant to this Act. 
‘‘(D) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ has the meaning given such term in sec-
tion 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130), and the 
term ‘Tribal’ means of or pertaining to such an 
Indian tribe. 
‘‘(E) NATURAL CAUSE.—The term ‘natural 
cause’— 
‘‘(i) means a weather, climatic, hazard, 
or biology-related event, such as— 
‘‘(I) a hurricane; 
‘‘(II) a flood; 
‘‘(III) a harmful algal bloom; 
‘‘(IV) a tsunami; 
‘‘(V) a hypoxic zone; 
‘‘(VI) a drought; 
‘‘(VII) El Nin˜o effects on water 
temperature; 
‘‘(VIII) a marine heat wave; or
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† HR 2617 EAS2 
‘‘(IX) disease; and 
‘‘(ii) does not mean a normal or cycli-
cal variation in a species distribution or 
stock abundance. 
‘‘(F) 12-MONTH REVENUE LOSS.—The term 
‘12-month revenue loss’ means the percentage re-
duction, as applicable, in commercial, charter, 
headboat, or processor revenue for the affected 
fishery for the 12 months during which the fish-
ery resource disaster occurred, when compared to 
average annual revenue in the most recent 5 
years when no fishery resource disaster occurred 
or equivalent for stocks with cyclical life his-
tories. 
‘‘(G) UNDETERMINED
CAUSE.—The term 
‘undetermined cause’ means a cause in which the 
current state of knowledge does not allow the Sec-
retary to identify the exact cause, and there is no 
current conclusive evidence supporting a possible 
cause of the fishery resource disaster. 
‘‘(2) GENERAL AUTHORITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
have the authority to determine the existence, ex-
tent, and beginning and end dates of a fishery
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† HR 2617 EAS2 
resource disaster under this subsection in accord-
ance with this subsection. 
‘‘(B) AVAILABILITY
OF
FUNDS.—After the 
Secretary determines that a fishery resource dis-
aster has occurred, the Secretary is authorized to 
make sums available, from funds appropriated 
for such purposes, to be used by the affected 
State, Indian Tribe, or interstate marine fish-
eries commission, or by the Secretary in coopera-
tion with the affected State, Indian Tribe, or 
interstate marine fisheries commission. 
‘‘(C) SAVINGS CLAUSE.—The requirements 
under this paragraph and paragraphs (3), (4), 
and (5) shall take effect only with respect to fish-
ery resource disaster determination requests sub-
mitted after the date of enactment of the Fishery 
Resource Disasters Improvement Act. 
‘‘(3) INITIATION OF A FISHERY RESOURCE DIS-
ASTER REVIEW.— 
‘‘(A) ELIGIBLE REQUESTERS.— 
‘‘(i) IN
GENERAL.—If the Secretary 
has not independently determined that a 
fishery resource disaster has occurred, a re-
quest for a fishery resource disaster deter-
mination may be submitted to the Secretary
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† HR 2617 EAS2 
at any time, but not later than the applica-
ble date determined under clause (ii), by— 
‘‘(I) the Governor of an affected 
State; 
‘‘(II) an official resolution of an 
Indian Tribe; or 
‘‘(III) any other comparable elect-
ed or politically appointed representa-
tive as determined by the Secretary. 
‘‘(ii) APPLICABLE DATE.—The applica-
ble date under this clause shall be— 
‘‘(I) 1 year after the date of the 
conclusion of the fishing season; 
‘‘(II) in the case of a distinct 
cause that occurs during more than 1 
consecutive fishing season, 2 years 
after the date of the conclusion of the 
fishing season for which the request for 
a fishery resource disaster determina-
tion is made; or 
‘‘(III) in the case of a complete 
fishery closure, 1 year after the date on 
which that closure is determined by the 
Secretary.
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† HR 2617 EAS2 
‘‘(B) REQUIRED INFORMATION.—A complete 
request for a fishery resource disaster determina-
tion under subparagraph (A) shall include— 
‘‘(i) identification of all presumed af-
fected fish stocks; 
‘‘(ii) identification of the fishery as 
Federal, non-Federal, or both; 
‘‘(iii) the geographical boundaries of 
the fishery, as determined by the eligible re-
quester, including geographic boundaries 
that are smaller than the area represented 
by the eligible requester; 
‘‘(iv) 
preliminary 
information 
on 
causes of the fishery resource disaster, if 
known; and 
‘‘(v) information needed to support a 
finding of a fishery resource disaster, in-
cluding— 
‘‘(I) information demonstrating 
the occurrence of an unexpected large 
decrease in fish stock biomass or other 
change that results in significant loss 
of access to the fishery resource, which 
could include the loss of fishing vessels
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† HR 2617 EAS2 
and gear, for a substantial period of 
time; 
‘‘(II) significant— 
‘‘(aa) 12-month revenue loss 
for the affected fishery; or 
‘‘(bb) 
negative 
subsistence 
impact for the affected fishery, or 
if a fishery resource disaster has 
occurred at any time in the pre-
vious 5-year period, the most re-
cent 5 years when no fishery re-
source disaster occurred; 
‘‘(III) if applicable, information 
on lost resource tax revenues assessed 
by local communities, such as a raw 
fish tax and local sourcing require-
ments; and 
‘‘(IV) if applicable and available, 
information on affected fishery 12- 
month 
revenue 
loss 
for 
charter, 
headboat, or processors related to the 
information provided under subclause 
(I), subject to section 402(b).
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† HR 2617 EAS2 
‘‘(C) ASSISTANCE.—The Secretary may pro-
vide data and analysis assistance to an eligible 
requester described in paragraph (1), if— 
‘‘(i) the assistance is so requested; 
‘‘(ii) the Secretary is in possession of 
the required information described in sub-
paragraph (B); and 
‘‘(iii) the data is not available to the 
requester, in carrying out the complete re-
quest under subparagraph (B). 
‘‘(D) INITIATION
OF
REVIEW.—The Sec-
retary shall have the discretion to initiate a fish-
ery resource disaster review without a request. 
‘‘(4) REVIEW PROCESS.— 
‘‘(A) INTERIM RESPONSE.—Not later than 
20 days after receipt of a request under para-
graph (3), the Secretary shall provide an interim 
response to the individual that— 
‘‘(i) acknowledges receipt of the request; 
‘‘(ii) provides a regional contact with-
in the National Oceanographic and Atmos-
pheric Administration; 
‘‘(iii) outlines the process and timeline 
by which a request shall be considered; and
1971 
† HR 2617 EAS2 
‘‘(iv) requests additional information 
concerning the fishery resource disaster, if 
the original request is considered incom-
plete. 
‘‘(B) EVALUATION OF REQUESTS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
complete a review, within the time frame 
described in clause (ii), using the best sci-
entific information available, in consulta-
tion with the affected fishing communities, 
States, or Indian Tribes, of— 
‘‘(I) the information provided by 
the requester and any additional infor-
mation relevant to the fishery, which 
may include— 
‘‘(aa) fishery characteristics; 
‘‘(bb) stock assessments; 
‘‘(cc) the most recent fishery 
independent surveys and other 
fishery resource assessments and 
surveys conducted by Federal, 
State, or Tribal officials; 
‘‘(dd) estimates of mortality; 
and 
‘‘(ee) overall effects; and
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† HR 2617 EAS2 
‘‘(II) the available economic infor-
mation, which may include an anal-
ysis of— 
‘‘(aa) landings data; 
‘‘(bb) revenue; 
‘‘(cc) the number of partici-
pants involved; 
‘‘(dd) the number and type of 
jobs and persons impacted, which 
may include— 
‘‘(AA) fishers; 
‘‘(BB) charter fishing 
operators; 
‘‘(CC) subsistence users; 
‘‘(DD) 
United 
States 
fish processors; and 
‘‘(EE) an owner of a re-
lated fishery infrastructure 
or business affected by the 
disaster, such as a marina 
operator, recreational fishing 
equipment retailer, or char-
ter, headboat, or tender vessel 
owner, operator, or crew;
1973 
† HR 2617 EAS2 
‘‘(ee) an impacted Indian 
Tribe; 
‘‘(ff) other forms of disaster 
assistance made available to the 
fishery, including prior awards of 
disaster assistance for the same 
event; 
‘‘(gg) the length of time the 
resource, or access to the resource, 
has been restricted; 
‘‘(hh) status of recovery from 
previous fishery resource disasters; 
‘‘(ii) lost resource tax reve-
nues assessed by local commu-
nities, such as a raw fish tax; and 
‘‘(jj) other appropriate indi-
cators to an affected fishery, as 
determined by the National Ma-
rine Fisheries Service. 
‘‘(ii) TIME
FRAME.—The Secretary 
shall complete the review described in clause 
(i), if the fishing season, applicable to the 
fishery— 
‘‘(I) has concluded or there is no 
defined fishing season applicable to the
1974 
† HR 2617 EAS2 
fishery, not later than 120 days after 
the Secretary receives a complete re-
quest for a fishery resource disaster de-
termination; 
‘‘(II) has not concluded, not later 
than 120 days after the conclusion of 
the fishing season; or 
‘‘(III) is expected to be closed for 
the entire fishing season, not later than 
120 days after the Secretary receives a 
complete request for a fishery resource 
disaster determination. 
‘‘(C) FISHERY RESOURCE DISASTER DETER-
MINATION.—The Secretary shall make the deter-
mination of a fishery resource disaster based on 
the criteria for determinations listed in para-
graph (5). 
‘‘(D) NOTIFICATION.—Not later than 14 
days after the conclusion of the review under this 
paragraph, the Secretary shall notify the re-
quester and the Governor of the affected State or 
Indian Tribe representative of the determination 
of the Secretary. 
‘‘(5) CRITERIA FOR DETERMINATIONS.—
1975 
† HR 2617 EAS2 
‘‘(A) IN
GENERAL.—The Secretary shall 
make a determination about whether a fishery 
resource disaster has occurred, based on the rev-
enue loss thresholds under subparagraph (B), 
and, if a fishery resource disaster has occurred, 
whether the fishery resource disaster was due 
to— 
‘‘(i) a natural cause; 
‘‘(ii) an anthropogenic cause; 
‘‘(iii) a combination of a natural cause 
and an anthropogenic cause; or 
‘‘(iv) an undetermined cause. 
‘‘(B) REVENUE LOSS THRESHOLDS.— 
‘‘(i) IN GENERAL.—Based on the infor-
mation provided or analyzed under para-
graph (4)(B), the Secretary shall apply the 
following 12-month revenue loss thresholds 
in determining whether a fishery resource 
disaster has occurred: 
‘‘(I) Losses greater than 80 per-
cent may result in a positive deter-
mination that a fishery resource dis-
aster has occurred, based on the infor-
mation provided or analyzed under 
paragraph (4)(B).
1976 
† HR 2617 EAS2 
‘‘(II) Losses between 35 percent 
and 80 percent shall be evaluated to 
determine whether economic impacts 
are severe enough to determine that a 
fishery resource disaster has occurred. 
‘‘(III) Losses less than 35 percent 
shall not be eligible for a determina-
tion that a fishery resource disaster 
has occurred. 
‘‘(ii) CHARTER FISHING.—In making 
a determination of whether a fishery re-
source disaster has occurred, the Secretary 
shall consider the economic impacts to the 
charter fishing industry to ensure financial 
coverage for charter fishing businesses. 
‘‘(iii) NEGATIVE
SUBSISTENCE
IM-
PACTS.—In considering negative subsistence 
impacts, the Secretary shall evaluate the se-
verity of negative impacts to the fishing 
community instead of applying the revenue 
loss thresholds described in clause (i). 
‘‘(C) INELIGIBLE
FISHERIES.—A fishery 
subject to overfishing in any of the 3 years pre-
ceding the date of a determination under this 
subsection is not eligible for a determination of
1977 
† HR 2617 EAS2 
whether a fishery resource disaster has occurred 
unless the Secretary determines that overfishing 
was not a contributing factor to the fishery re-
source disaster. 
‘‘(D) EXCEPTIONAL
CIRCUMSTANCES.—In 
an exceptional circumstance where substantial 
economic impacts to the affected fishery and fish-
ing community have been subject to a disaster 
declaration under another statutory authority, 
such as in the case of a natural disaster or from 
the direct consequences of a Federal action taken 
to prevent, or in response to, a natural disaster 
for purposes of protecting life and safety, the 
Secretary may determine a fishery resource dis-
aster has occurred without a request, notwith-
standing the requirements under subparagraph 
(B) and paragraph (3). 
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— 
‘‘(A) AUTHORIZATION.—The Secretary shall 
allocate funds available under paragraph (9) for 
fishery resource disasters. 
‘‘(B) ALLOCATION OF APPROPRIATED FISH-
ERY RESOURCE DISASTER ASSISTANCE.— 
‘‘(i) NOTIFICATION OF FUNDING AVAIL-
ABILITY.—When there are appropriated
1978 
† HR 2617 EAS2 
funds for 1 or more fishery resource disas-
ters, the Secretary shall notify— 
‘‘(I) the public; and 
‘‘(II) representatives of affected 
fishing communities with a positive 
disaster determination that is un-
funded; 
of the availability of funds, not more than 
14 days after the date of the appropriation 
or the determination of a fishery resource 
disaster, whichever occurs later. 
‘‘(ii) EXTENSION OF DEADLINE.—The 
Secretary may extend the deadline under 
clause (i) by 90 days to evaluate and make 
determinations on eligible requests. 
‘‘(C) CONSIDERATIONS.—In determining the 
allocation of appropriations for a fishery re-
source disaster, the Secretary shall consider com-
mercial, charter, headboat, or seafood processing 
revenue losses and negative impacts to subsist-
ence or Indian Tribe ceremonial fishing oppor-
tunity, for the affected fishery, and may consider 
the following factors: 
‘‘(i) Direct economic impacts. 
‘‘(ii) Uninsured losses.
1979 
† HR 2617 EAS2 
‘‘(iii) Losses of recreational fishing op-
portunity. 
‘‘(iv) Aquaculture operations revenue 
loss. 
‘‘(v) Direct revenue losses to a fishing 
community. 
‘‘(vi) Treaty obligations. 
‘‘(vii) Other economic impacts. 
‘‘(D) SPEND PLANS.—To receive an alloca-
tion from funds available under paragraph (9), 
a requester with an affirmative fishery resource 
disaster determination shall submit a spend plan 
to the Secretary, not more than 120 days after 
receiving notification that funds are available, 
that shall include the following information, if 
applicable: 
‘‘(i) Objectives and outcomes, with an 
emphasis on addressing the factors contrib-
uting to the fishery resource disaster and 
minimizing future uninsured losses, if ap-
plicable. 
‘‘(ii) Statement of work. 
‘‘(iii) Budget details. 
‘‘(E) REGIONAL CONTACT.—If so requested, 
the Secretary shall provide a regional contact
1980 
† HR 2617 EAS2 
within the National Oceanic and Atmospheric 
Administration to facilitate review of spend 
plans and disbursal of funds. 
‘‘(F) DISBURSAL OF FUNDS.— 
‘‘(i) AVAILABILITY.—Funds shall be 
made available to grantees not later than 90 
days after the date the Secretary receives a 
complete spend plan. 
‘‘(ii) METHOD.—The Secretary may 
provide an allocation of funds under this 
subsection in the form of a grant, direct 
payment, cooperative agreement, loan, or 
contract. 
‘‘(iii) ELIGIBLE USES.— 
‘‘(I) IN
GENERAL.—Funds allo-
cated for fishery resources disasters 
under this subsection shall restore the 
fishery affected by such a disaster, pre-
vent a similar disaster in the future, or 
assist the affected fishing community, 
and shall prioritize the following uses, 
which are not in order of priority: 
‘‘(aa) Habitat conservation 
and restoration and other activi-
ties, including scientific research,
1981 
† HR 2617 EAS2 
that reduce adverse impacts to the 
fishery or improve understanding 
of the affected species or its eco-
system. 
‘‘(bb) The collection of fishery 
information and other activities 
that improve management of the 
affected fishery. 
‘‘(cc) In a commercial fish-
ery, capacity reduction and other 
activities that improve manage-
ment of fishing effort, including 
funds to offset budgetary costs to 
refinance a Federal fishing capac-
ity reduction loan or to repay the 
principal of a Federal fishing ca-
pacity reduction loan. 
‘‘(dd) Developing, repairing, 
or improving fishery-related pub-
lic infrastructure. 
‘‘(ee) Direct assistance to a 
person, fishing community (in-
cluding assistance for lost fisheries 
resource levies), or a business to 
alleviate economic loss incurred as
1982 
† HR 2617 EAS2 
a direct result of a fishery re-
source disaster, particularly when 
affected by a circumstance de-
scribed in paragraph (5)(D) or by 
negative impacts to subsistence or 
Indian Tribe ceremonial fishing 
opportunity. 
‘‘(ff) Hatcheries and stock en-
hancement to help rebuild the af-
fected stock or offset fishing pres-
sure on the affected stock. 
‘‘(II) DISPLACED
FISHERY
EM-
PLOYEES.—Where appropriate, indi-
viduals carrying out the activities de-
scribed in items (aa) through (dd) of 
subclause (I) shall be individuals who 
are, or were, employed in a commer-
cial, charter, or Indian Tribe fishery 
for which the Secretary has determined 
that a fishery resource disaster has oc-
curred. 
‘‘(7) LIMITATIONS.— 
‘‘(A) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), the Federal share
1983 
† HR 2617 EAS2 
of the cost of any activity carried out under 
the authority of this subsection shall not ex-
ceed 75 percent of the cost of that activity. 
‘‘(ii) WAIVER.—The Secretary may 
waive the non-Federal share requirements of 
this subsection, if the Secretary determines 
that— 
‘‘(I) no reasonable means are 
available through which the recipient 
of the Federal share can meet the non- 
Federal share requirement; and 
‘‘(II) the probable benefit of 100 
percent Federal financing outweighs 
the public interest in imposition of the 
non-Federal share requirement. 
‘‘(iii) EXCEPTION.—The Federal share 
shall be equal to 100 percent in the case 
of— 
‘‘(I) direct assistance as described 
in paragraph (6)(F)(iii)(I)(ee); or 
‘‘(II) assistance to subsistence or 
Tribal fisheries. 
‘‘(B) LIMITATIONS ON ADMINISTRATIVE EX-
PENSES.—
1984 
† HR 2617 EAS2 
‘‘(i) FEDERAL.—Not more than 3 per-
cent of the funds available under this sub-
section may be used for administrative ex-
penses by the National Oceanographic and 
Atmospheric Administration. 
‘‘(ii) STATE GOVERNMENTS OR INDIAN 
TRIBES.—Of the funds remaining after the 
use described in clause (i), not more than 5 
percent may be used by States, Indian 
Tribes, or interstate marine fisheries com-
missions for administrative expenses. 
‘‘(C) FISHING
CAPACITY
REDUCTION
PRO-
GRAM.— 
‘‘(i) IN GENERAL.—No funds available 
under this subsection may be used as part 
of a fishing capacity reduction program in 
a fishery unless the Secretary determines 
that adequate conservation and manage-
ment measures are in place in such fishery. 
‘‘(ii) ASSISTANCE CONDITIONS.—As a 
condition of providing assistance under this 
subsection with respect to a vessel under a 
fishing capacity reduction program, the 
Secretary shall—
1985 
† HR 2617 EAS2 
‘‘(I) prohibit the vessel from being 
used for fishing in Federal, State, or 
international waters; and 
‘‘(II) require that the vessel be— 
‘‘(aa) scrapped or otherwise 
disposed of in a manner approved 
by the Secretary; 
‘‘(bb) donated to a nonprofit 
organization and thereafter used 
only for purposes of research, edu-
cation, or training; or 
‘‘(cc) used for another non- 
fishing purpose provided the Sec-
retary determines that adequate 
measures are in place to ensure 
that the vessel cannot reenter any 
fishery anywhere in the world. 
‘‘(D) NO FISHERY ENDORSEMENT.— 
‘‘(i) IN
GENERAL.—A vessel that is 
prohibited from fishing under subparagraph 
(C)(ii)(I) shall not be eligible for a fishery 
endorsement under section 12113(a) of title 
46, United States Code.
1986 
† HR 2617 EAS2 
‘‘(ii) NONEFFECTIVE.—A fishery en-
dorsement for a vessel described in clause (i) 
shall not be effective. 
‘‘(iii) NO SALE.—A vessel described in 
clause (i) shall not be sold to a foreign 
owner or reflagged. 
‘‘(8) PUBLIC
INFORMATION
ON
DATA
COLLEC-
TION.—The Secretary shall make available and up-
date as appropriate, information on data collection 
and submittal best practices for the information de-
scribed in paragraph (4)(B). 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $377,000,000 for the period of fiscal 
years 2023 through 2027.’’. 
SEC. 203. MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT. 
(a) REPEAL.—Section 315 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1864) is repealed. 
(b) REPORT.—Section 113(b)(2) of the Magnuson-Ste-
vens Fishery Conservation and Management Reauthoriza-
tion Act of 2006 (16 U.S.C. 460ss note) is amended— 
(1) in the paragraph heading, by striking ‘‘AN-
NUAL REPORT’’ and inserting ‘‘REPORT’’;
1987 
† HR 2617 EAS2 
(2) in the matter preceding subparagraph (A), 
by striking ‘‘Not later than 2 years after the date of 
enactment of this Act, and annually thereafter’’ and 
inserting ‘‘Not later than 2 years after the date of en-
actment of the Fishery Resource Disasters Improve-
ment Ac, and biennially thereafter’’; and 
(3) in subparagraph (D), by striking ‘‘the cal-
endar year 2003’’ and inserting ‘‘the most recent’’. 
SEC. 204. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 
(a) REPEAL.—Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is repealed. 
(b) TECHNICAL EDIT.—Section 3(k)(1) of the Small 
Business Act (15 U.S.C. 632(k)(1)) is amended by striking 
‘‘(as determined by the Secretary of Commerce under sec-
tion 308(b) of the Interjurisdictional Fisheries Act of 
1986)’’ and inserting ‘‘(as determined by the Secretary of 
Commerce under the Fishery Resource Disasters Improve-
ment Act)’’. 
SEC. 205. BUDGET REQUESTS; REPORTS. 
(a) BUDGET REQUEST.—In the budget justification 
materials submitted to Congress in support of the budget 
of the Department of Commerce for each fiscal year (as sub-
mitted with the budget of the President under section 
1105(a) of title 31, United States Code), the Secretary of
1988 
† HR 2617 EAS2 
Commerce shall include a separate statement of the amount 
for each outstanding unfunded fishery resource disasters. 
(b) DRIFTNET ACT AMENDMENTS OF 1990 REPORT 
AND BYCATCH REDUCTION AGREEMENTS.— 
(1) IN GENERAL.—The Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 
1801 et seq.) is amended— 
(A) in section 202(h), by striking para-
graph (3); and 
(B) in section 206— 
(i) by striking subsections (e) and (f); 
and 
(ii) by redesignating subsections (g) 
and (h) as subsections (e) and (f), respec-
tively. 
(2) BIENNIAL REPORT ON INTERNATIONAL COM-
PLIANCE.—Section 607 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 
1826h) is amended— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore ‘‘The Secretary’’ and indenting appro-
priately; and 
(B) by adding at the end the following:
1989 
† HR 2617 EAS2 
‘‘(b) ADDITIONAL INFORMATION.—In addition to the 
information described in paragraphs (1) through (5) of sub-
section (a), the report shall include— 
‘‘(1) a description of the actions taken to carry 
out the provisions of section 206 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1826), including— 
‘‘(A) an evaluation of the progress of those 
efforts, the impacts on living marine resources, 
including available observer data, and specific 
plans for further action; 
‘‘(B) a list and description of any new fish-
eries developed by nations that conduct, or au-
thorize their nationals to conduct, large-scale 
driftnet fishing beyond the exclusive economic 
zone of any nation; and 
‘‘(C) a list of the nations that conduct, or 
authorize their nationals to conduct, large-scale 
driftnet fishing beyond the exclusive economic 
zone of any nation in a manner that diminishes 
the effectiveness of or is inconsistent with any 
international agreement governing large-scale 
driftnet fishing to which the United States is a 
party or otherwise subscribes; and
1990 
† HR 2617 EAS2 
‘‘(2) a description of the actions taken to carry 
out the provisions of section 202(h) of the Magnuson- 
Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1822(h)). 
‘‘(c) CERTIFICATION.—If, at any time, the Secretary, 
in consultation with the Secretary of State and the Sec-
retary of the department in which the Coast Guard is oper-
ating, identifies any nation that warrants inclusion in the 
list described under subsection (b)(1)(C), due to large scale 
drift net fishing, the Secretary shall certify that fact to the 
President. Such certification shall be deemed to be a certifi-
cation for the purposes of section 8(a) of the Fishermen’s 
Protective Act of 1967 (22 U.S.C. 1978(a)).’’. 
TITLE III—ALASKA SALMON 
RESEARCH TASK FORCE 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Alaska Salmon Re-
search Task Force Act’’. 
SEC. 302. PURPOSES. 
The purposes of this title are— 
(1) to ensure that Pacific salmon trends in Alas-
ka regarding productivity and abundance are charac-
terized and that research needs are identified; 
(2) to prioritize scientific research needs for Pa-
cific salmon in Alaska;
1991 
† HR 2617 EAS2 
(3) to address the increased variability or decline 
in Pacific salmon returns in Alaska by creating a co-
ordinated salmon research strategy; and 
(4) to support collaboration and coordination for 
Pacific salmon conservation efforts in Alaska. 
SEC. 303. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) salmon are an essential part of Alaska’s fish-
eries, including subsistence, commercial, and rec-
reational uses, and there is an urgent need to better 
understand the freshwater and marine biology and 
ecology of salmon, a migratory species that crosses 
many borders, and for a coordinated salmon research 
strategy to address salmon returns that are in decline 
or experiencing increased variability; 
(2) salmon are an essential element for the well- 
being and health of Alaskans; and 
(3) there is a unique relationship between people 
of Indigenous heritage and the salmon they rely on 
for subsistence and traditional and cultural practices. 
SEC. 304. ALASKA SALMON RESEARCH TASK FORCE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Commerce, 
in consultation with the Governor of Alaska, shall convene
1992 
† HR 2617 EAS2 
an Alaska Salmon Research Task Force (referred to in this 
section as the ‘‘Research Task Force’’) to— 
(1) review existing Pacific salmon research in 
Alaska; 
(2) identify applied research needed to better un-
derstand the increased variability and declining 
salmon returns in some regions of Alaska; and 
(3) support sustainable salmon runs in Alaska. 
(b) COMPOSITION AND APPOINTMENT.— 
(1) IN GENERAL.—The Research Task Force shall 
be composed of not fewer than 13 and not more than 
19 members, who shall be appointed under para-
graphs (2) and (3). 
(2) APPOINTMENT
BY
SECRETARY.—The Sec-
retary of Commerce shall appoint members to the Re-
search Task Force as follows: 
(A) One representative from each of the fol-
lowing: 
(i) The National Oceanic and Atmos-
pheric Administration who is knowledgeable 
about salmon and salmon research efforts in 
Alaska. 
(ii) The North Pacific Fishery Man-
agement Council.
1993 
† HR 2617 EAS2 
(iii) The United States section of the 
Pacific Salmon Commission. 
(B) Not less than 2 and not more than 5 
representatives from each of the following cat-
egories, at least 2 of whom shall represent Alaska 
Natives who possess personal knowledge of, and 
direct experience with, subsistence uses in rural 
Alaska, to be appointed with due regard to dif-
ferences in regional perspectives and experience: 
(i) Residents of Alaska who possess 
personal knowledge of, and direct experience 
with, subsistence uses in rural Alaska. 
(ii) Alaska fishing industry representa-
tives throughout the salmon supply chain, 
including from— 
(I) directed commercial fishing; 
(II) recreational fishing; 
(III) charter fishing; 
(IV) seafood processors; 
(V) salmon prohibited species 
catch (bycatch) users; or 
(VI) hatcheries. 
(C) 5 representatives who are academic ex-
perts in salmon biology, salmon ecology (marine 
and freshwater), salmon habitat restoration and
1994 
† HR 2617 EAS2 
conservation, or comprehensive marine research 
planning in the North Pacific. 
(3) APPOINTMENT BY THE GOVERNOR OF ALAS-
KA.—The Governor of Alaska shall appoint to the Re-
search Task Force one representative from the State 
of Alaska who is knowledgeable about the State of 
Alaska’s salmon research efforts. 
(c) DUTIES.— 
(1) REVIEW.—The Research Task Force shall— 
(A) conduct a review of Pacific salmon 
science relevant to understanding salmon returns 
in Alaska, including an examination of— 
(i) traditional ecological knowledge of 
salmon populations and their ecosystems; 
(ii) marine carrying capacity and 
density dependent constraints, including an 
examination of interactions with other 
salmon species, and with forage base in ma-
rine ecosystems; 
(iii) life-cycle and stage-specific mor-
tality; 
(iv) genetic sampling and categoriza-
tion of population structure within salmon 
species in Alaska;
1995 
† HR 2617 EAS2 
(v) methods for predicting run-timing 
and stock sizes; 
(vi) oceanographic models that provide 
insight into stock distribution, growth, and 
survival; 
(vii) freshwater, estuarine, and marine 
processes that affect survival of smolts; 
(viii) climate effects on freshwater and 
marine habitats; 
(ix) predator/prey interactions between 
salmon and marine mammals or other 
predators; and 
(x) salmon productivity trends in other 
regions, both domestic and international, 
that put Alaska salmon populations in a 
broader geographic context; and 
(B) identify scientific research gaps in un-
derstanding the Pacific salmon life cycle in Alas-
ka. 
(2) REPORT.—Not later than 1 year after the 
date the Research Task Force is convened, the Re-
search Task Force shall submit to the Secretary of 
Commerce, the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Envi-
ronment and Public Works of the Senate, the Sub-
1996 
† HR 2617 EAS2 
committee on Commerce, Justice, Science, and Re-
lated Agencies of the Committee on Appropriations of 
the Senate, the Committee on Natural Resources of the 
House of Representatives, the Subcommittee on Com-
merce, Justice, Science, and Related Agencies of the 
Committee on Appropriations of the House of Rep-
resentatives, and the Alaska State Legislature, and 
make publicly available, a report— 
(A) describing the review conducted under 
paragraph (1); and 
(B) that includes— 
(i) recommendations on filling knowl-
edge gaps that warrant further scientific in-
quiry; and 
(ii) findings from the reports of work 
groups 
submitted 
under 
subsection 
(d)(2)(C). 
(d) ADMINISTRATIVE MATTERS.— 
(1) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Research Task Force shall select a Chair and Vice 
Chair by vote from among the members of the Re-
search Task Force. 
(2) WORK GROUPS.— 
(A) IN
GENERAL.—The Research Task 
Force—
1997 
† HR 2617 EAS2 
(i) not later than 30 days after the 
date of the establishment of the Research 
Task Force, shall establish a work group fo-
cused specifically on the research needs asso-
ciated with salmon returns in the AYK 
(Arctic-Yukon-Kuskokwim) regions of West-
ern Alaska; and 
(ii) may establish additional region-
ally or stock focused work groups within the 
Research Task Force, as members determine 
appropriate. 
(B) COMPOSITION.—Each work group estab-
lished under this subsection shall— 
(i) consist of not less than 5 individ-
uals who— 
(I) are knowledgeable about the 
stock or region under consideration; 
and 
(II) need not be members of the 
Research Task Force; and 
(ii) be balanced in terms of stakeholder 
representation, including commercial, rec-
reational, and subsistence fisheries, as well 
as experts in statistical, biological, eco-
1998 
† HR 2617 EAS2 
nomic, social, or other scientific informa-
tion as relevant to the work group’s focus. 
(C) REPORTS.—Not later than 9 months 
after the date the Research Task Force is con-
vened, each work group established under this 
subsection shall submit a report with the work 
group’s findings to the Research Task Force. 
(3) COMPENSATION.—Each member of the Re-
search Task Force shall serve without compensation. 
(4) ADMINISTRATIVE SUPPORT.—The Secretary 
of Commerce shall provide such administrative sup-
port as is necessary for the Research Task Force and 
its work groups to carry out their duties, which may 
include support for virtual or in-person participation 
and travel expenses. 
(e) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Research Task Force. 
SEC. 305. DEFINITION OF PACIFIC SALMON. 
In this title, the term ‘‘Pacific salmon’’ means salmon 
that originates in Alaskan waters.
1999 
† HR 2617 EAS2 
TITLE IV—IUU TECHNICAL 
CORRECTIONS 
SEC. 401. IUU TECHNICAL CORRECTIONS. 
The High Seas Driftnet Fishing Moratorium Protec-
tion Act (16 U.S.C. 1826d et seq.) is amended— 
(1) in section 609— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively; and 
(2) in section 610— 
(A) in subsection (b)— 
(i) in paragraph (2), by inserting 
‘‘and’’ after the semicolon; 
(ii) by striking paragraph (3); and 
(iii) by redesignating paragraph (4) as 
paragraph (3); and 
(B) in subsection (c)(4)— 
(i) in subparagraph (A), by inserting 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (C).
2000 
† HR 2617 EAS2 
DIVISION T—SECURE 2.0 ACT OF 
2022 
SEC. 1. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘SECURE 2.0 Act of 2022’’. 
(b) AMENDMENT OF 1986 CODE.—Except as otherwise 
expressly provided, whenever in this division an amend-
ment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision 
of the Internal Revenue Code of 1986. 
TITLE I—EXPANDING COVERAGE 
AND 
INCREASING 
RETIRE-
MENT SAVINGS 
SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RE-
TIREMENT PLANS. 
(a) IN GENERAL.—Subpart B of part I of subchapter 
D of chapter 1 is amended by inserting after section 414 
the following new section: 
‘‘SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC EN-
ROLLMENT. 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this section— 
‘‘(1) an arrangement shall not be treated as a 
qualified cash or deferred arrangement described in
2001 
† HR 2617 EAS2 
section 401(k) unless such arrangement meets the 
automatic enrollment requirements of subsection (b), 
and 
‘‘(2) an annuity contract otherwise described in 
section 403(b) which is purchased under a salary re-
duction agreement shall not be treated as described in 
such section unless such agreement meets the auto-
matic enrollment requirements of subsection (b). 
‘‘(b) AUTOMATIC ENROLLMENT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—An arrangement or agree-
ment meets the requirements of this subsection if such 
arrangement or agreement is an eligible automatic 
contribution arrangement (as defined in section 
414(w)(3)) which meets the requirements of para-
graphs (2) through (4). 
‘‘(2) 
ALLOWANCE
OF
PERMISSIBLE
WITH-
DRAWALS.—An eligible automatic contribution ar-
rangement meets the requirements of this paragraph 
if such arrangement allows employees to make per-
missible 
withdrawals 
(as 
defined 
in 
section 
414(w)(2)). 
‘‘(3) MINIMUM CONTRIBUTION PERCENTAGE.— 
‘‘(A) IN GENERAL.—An eligible automatic 
contribution arrangement meets the requirements 
of this paragraph if—
2002 
† HR 2617 EAS2 
‘‘(i) the uniform percentage of com-
pensation contributed by the participant 
under such arrangement during the first 
year of participation is not less than 3 per-
cent and not more than 10 percent (unless 
the participant specifically elects not to 
have such contributions made or to have 
such contributions made at a different per-
centage), and 
‘‘(ii) effective for the first day of each 
plan year starting after each completed 
year of participation under such arrange-
ment such uniform percentage is increased 
by 1 percentage point (to at least 10 per-
cent, but not more than 15 percent) unless 
the participant specifically elects not to 
have such contributions made or to have 
such contributions made at a different per-
centage. 
‘‘(B) INITIAL REDUCED CEILING FOR CER-
TAIN PLANS.—In the case of any eligible auto-
matic contribution arrangement (other than an 
arrangement that meets the requirements of 
paragraph (12) or (13) of section 401(k)), for 
plan years ending before January 1, 2025, sub-
2003 
† HR 2617 EAS2 
paragraph (A)(ii) shall be applied by sub-
stituting ‘10 percent’ for ‘15 percent’. 
‘‘(4) INVESTMENT REQUIREMENTS.—An eligible 
automatic contribution arrangement meets the re-
quirements of this paragraph if amounts contributed 
pursuant to such arrangement, and for which no in-
vestment is elected by the participant, are invested in 
accordance 
with 
the 
requirements 
of 
section 
2550.404c-5 of title 29, Code of Federal Regulations 
(or any successor regulations). 
‘‘(c) EXCEPTIONS.—For purposes of this section— 
‘‘(1) SIMPLE PLANS.—Subsection (a) shall not 
apply to any simple plan (within the meaning of sec-
tion 401(k)(11)). 
‘‘(2) EXCEPTION FOR PLANS OR ARRANGEMENTS 
ESTABLISHED BEFORE ENACTMENT OF SECTION.— 
‘‘(A) IN GENERAL.—Subsection (a) shall not 
apply to— 
‘‘(i) any qualified cash or deferred ar-
rangement established before the date of the 
enactment of this section, or 
‘‘(ii) any annuity contract purchased 
under a plan established before the date of 
the enactment of this section.
2004 
† HR 2617 EAS2 
‘‘(B) POST-ENACTMENT ADOPTION OF MUL-
TIPLE
EMPLOYER
PLAN.—Subparagraph (A) 
shall not apply in the case of an employer adopt-
ing after such date of enactment a plan main-
tained by more than one employer, and sub-
section (a) shall apply with respect to such em-
ployer as if such plan were a single plan. 
‘‘(3) 
EXCEPTION
FOR
GOVERNMENTAL
AND 
CHURCH PLANS.—Subsection (a) shall not apply to 
any governmental plan (within the meaning of sec-
tion 414(d)) or any church plan (within the meaning 
of section 414(e)). 
‘‘(4) EXCEPTION
FOR
NEW
AND
SMALL
BUSI-
NESSES.— 
‘‘(A) NEW BUSINESS.—Subsection (a) shall 
not apply to any qualified cash or deferred ar-
rangement, or any annuity contract purchased 
under a plan, while the employer maintaining 
such plan (and any predecessor employer) has 
been in existence for less than 3 years. 
‘‘(B) SMALL BUSINESSES.—Subsection (a) 
shall not apply to any qualified cash or deferred 
arrangement, or any annuity contract purchased 
under a plan, earlier than the date that is 1 
year after the close of the first taxable year with
2005 
† HR 2617 EAS2 
respect to which the employer maintaining the 
plan normally employed more than 10 employ-
ees. 
‘‘(C) TREATMENT OF MULTIPLE EMPLOYER 
PLANS.—In the case of a plan maintained by 
more than 1 employer, subparagraphs (A) and 
(B) shall be applied separately with respect to 
each such employer, and all such employers to 
which subsection (a) applies (after the applica-
tion of this paragraph) shall be treated as main-
taining a separate plan for purposes of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
subpart B of part I of subchapter D of chapter 1 is amended 
by inserting after the item relating to section 414 the fol-
lowing new item: 
‘‘Sec. 414A. Requirements related to automatic enrollment.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after December 
31, 2024. 
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER 
PENSION PLAN STARTUP COSTS. 
(a) INCREASE IN CREDIT PERCENTAGE FOR SMALLER 
EMPLOYERS.—Section 45E(e) of is amended by adding at 
the end the following new paragraph:
2006 
† HR 2617 EAS2 
‘‘(4) INCREASED
CREDIT
FOR
CERTAIN
SMALL 
EMPLOYERS.—In the case of an employer which 
would be an eligible employer under subsection (c) if 
section 408(p)(2)(C)(i) was applied by substituting 
‘50 employees’ for ‘100 employees’, subsection (a) shall 
be applied by substituting ‘100 percent’ for ‘50 per-
cent’.’’. 
(b) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBU-
TIONS BY CERTAIN SMALL EMPLOYERS.—Section 45E, as 
amended by subsection (a), is amended by adding at the 
end the following new subsection: 
‘‘(f) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBU-
TIONS BY CERTAIN ELIGIBLE EMPLOYERS.— 
‘‘(1) IN GENERAL.—In the case of an eligible em-
ployer, the credit allowed for the taxable year under 
subsection (a) (determined without regard to this sub-
section) shall be increased by an amount equal to the 
applicable percentage of employer contributions (other 
than any elective deferrals (as defined in section 
402(g)(3)) by the employer to an eligible employer 
plan (other than a defined benefit plan (as defined in 
section 414(j))). 
‘‘(2) LIMITATIONS.— 
‘‘(A) DOLLAR
LIMITATION.—The amount 
determined under paragraph (1) (before the ap-
2007 
† HR 2617 EAS2 
plication of subparagraph (B)) with respect to 
any employee of the employer shall not exceed 
$1,000. 
‘‘(B) CREDIT PHASE-IN.—In the case of any 
eligible employer which had for the preceding 
taxable year more than 50 employees, the 
amount determined under paragraph (1) (with-
out regard to this subparagraph) shall be reduced 
by an amount equal to the product of— 
‘‘(i) the amount otherwise so deter-
mined under paragraph (1), multiplied by 
‘‘(ii) a percentage equal to 2 percent-
age points for each employee of the employer 
for the preceding taxable year in excess of 
50 employees. 
‘‘(C) WAGE LIMITATION.— 
‘‘(i) IN
GENERAL.—No contributions 
with respect to any employee who receives 
wages from the employer for the taxable 
year in excess of $100,000 may be taken 
into account for such taxable year under 
subparagraph (A). 
‘‘(ii) WAGES.—For purposes of the pre-
ceding sentence, the term ‘wages’ has the
2008 
† HR 2617 EAS2 
meaning given such term by section 
3121(a). 
‘‘(iii) 
INFLATION
ADJUSTMENT.—In 
the case of any taxable year beginning in a 
calendar year after 2023, the $100,000 
amount under clause (i) shall be increased 
by an amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the cost-of-living adjustment 
determined under section 1(f)(3) for 
the calendar year in which the taxable 
year begins, determined by substituting 
‘calendar year 2007’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any amount as adjusted under this clause 
is not a multiple of $5,000, such amount 
shall be rounded to the next lowest multiple 
of $5,000. 
‘‘(3) APPLICABLE
PERCENTAGE.—For purposes 
of this section, the applicable percentage for the tax-
able year during which the eligible employer plan is 
established with respect to the eligible employer shall 
be 100 percent, and for taxable years thereafter shall 
be determined under the following table:
2009 
† HR 2617 EAS2 
‘‘In the case of the following 
taxable 
year 
beginning 
after 
the 
taxable 
year 
during which plan is es-
tablished with respect to 
the eligible employer: 
The applicable percentage shall 
be: 
1st ........................................................................................................
100% 
2nd ......................................................................................................
75% 
3rd .......................................................................................................
50% 
4th .......................................................................................................
25% 
Any taxable year thereafter ...............................................................
0% 
‘‘(4) DETERMINATION OF ELIGIBLE EMPLOYER; 
NUMBER OF EMPLOYEES.—For purposes of this sub-
section, whether an employer is an eligible employer 
and the number of employees of an employer shall be 
determined under the rules of subsection (c), except 
that paragraph (2) thereof shall only apply to the 
taxable year during which the eligible employer plan 
to which this section applies is established with re-
spect to the eligible employer.’’. 
(c) 
DISALLOWANCE
OF
DEDUCTION.—Section 
45E(e)(2) is amended to read as follows: 
‘‘(2) DISALLOWANCE OF DEDUCTION.—No deduc-
tion shall be allowed— 
‘‘(A) for that portion of the qualified start-
up costs paid or incurred for the taxable year 
which is equal to so much of the portion of the 
credit determined under subsection (a) as is 
properly allocable to such costs, and 
‘‘(B) for that portion of the employer con-
tributions by the employer for the taxable year
2010 
† HR 2617 EAS2 
which is equal to so much of the credit increase 
determined under subsection (f) as is properly 
allocable to such contributions.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2022. 
SEC. 103. SAVER’S MATCH. 
(a) IN GENERAL.—Subchapter B of chapter 65 is 
amended by adding at the end the following new section: 
‘‘SEC. 6433. SAVER’S MATCH. 
‘‘(a) IN GENERAL.— 
‘‘(1) ALLOWANCE OF MATCH.—Any eligible indi-
vidual who makes qualified retirement savings con-
tributions for the taxable year shall be allowed a 
matching contribution for such taxable year in an 
amount equal to the applicable percentage of so much 
of the qualified retirement savings contributions made 
by such eligible individual for the taxable year as 
does not exceed $2,000. 
‘‘(2) PAYMENT OF MATCH.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the matching contribution 
under this section shall be allowed as a credit 
which shall be payable by the Secretary as a con-
tribution (as soon as practicable after the eligible
2011 
† HR 2617 EAS2 
individual has filed a tax return making a claim 
for such matching contribution for the taxable 
year) to the applicable retirement savings vehicle 
of the eligible individual. 
‘‘(B) EXCEPTION.—In the case of an eligible 
individual who elects the application of this sub-
paragraph and with respect to whom the match-
ing contribution determined under paragraph 
(1) is greater than zero but less than $100 for the 
taxable year, subparagraph (A) shall not apply 
and such matching contribution shall be treated 
as a credit allowed by subpart C of part IV of 
subchapter A of chapter 1. 
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this 
section— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the applicable percentage is 50 percent. 
‘‘(2) PHASEOUT.—The percentage under para-
graph (1) shall be reduced (but not below zero) by the 
number of percentage points which bears the same 
ratio to 50 percentage points as— 
‘‘(A) the excess of— 
‘‘(i) the taxpayer’s modified adjusted 
gross income for such taxable year, over
2012 
† HR 2617 EAS2 
‘‘(ii) the applicable dollar amount, 
bears to 
‘‘(B) the phaseout range. 
If any reduction determined under this paragraph is 
not a whole percentage point, such reduction shall be 
rounded to the next lowest whole percentage point. 
‘‘(3) APPLICABLE DOLLAR AMOUNT; PHASEOUT 
RANGE.— 
‘‘(A) 
JOINT
RETURNS
AND
SURVIVING 
SPOUSES.—Except as provided in subparagraph 
(B)— 
‘‘(i) the applicable dollar amount is 
$41,000, and 
‘‘(ii) the phaseout range is $30,000. 
‘‘(B) OTHER RETURNS.—In the case of— 
‘‘(i) a head of a household (as defined 
in section 2(b)), the applicable dollar 
amount and the phaseout range shall be 3⁄4 
of the amounts applicable under subpara-
graph (A) (as adjusted under subsection 
(h)), and 
‘‘(ii) any taxpayer who is not filing a 
joint return, who is not a head of a house-
hold (as so defined), and who is not a sur-
viving spouse (as defined in section 2(a)),
2013 
† HR 2617 EAS2 
the applicable dollar amount and the phase-
out range shall be 1⁄2 of the amounts appli-
cable under subparagraph (A) (as so ad-
justed). 
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this sec-
tion— 
‘‘(1) IN
GENERAL.—The term ‘eligible indi-
vidual’ means any individual if such individual has 
attained the age of 18 as of the close of the taxable 
year. 
‘‘(2) DEPENDENTS
AND
FULL-TIME
STUDENTS 
NOT ELIGIBLE.—The term ‘eligible individual’ shall 
not include— 
‘‘(A) any individual with respect to whom 
a deduction under section 151 is allowed to an-
other taxpayer for a taxable year beginning in 
the calendar year in which such individual’s 
taxable year begins, and 
‘‘(B) any individual who is a student (as 
defined in section 152(f)(2)). 
‘‘(3) NONRESIDENT ALIENS NOT ELIGIBLE.—The 
term ‘eligible individual’ shall not include any indi-
vidual who is a nonresident alien individual for any 
portion of the taxable year unless such individual is 
treated for such taxable year as a resident of the
2014 
† HR 2617 EAS2 
United States for purposes of chapter 1 by reason of 
an election under subsection (g) or (h) of section 
6013. 
‘‘(d) QUALIFIED RETIREMENT SAVINGS CONTRIBU-
TIONS.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified retire-
ment savings contributions’ means, with respect to 
any taxable year, the sum of— 
‘‘(A) the amount of the qualified retirement 
contributions (as defined in section 219(e)) made 
by the eligible individual, 
‘‘(B) the amount of— 
‘‘(i) any elective deferrals (as defined 
in section 402(g)(3)) of such individual, 
and 
‘‘(ii) any elective deferral of compensa-
tion by such individual under an eligible 
deferred compensation plan (as defined in 
section 457(b)) of an eligible employer de-
scribed in section 457(e)(1)(A), and 
‘‘(C) the amount of voluntary employee con-
tributions by such individual to any qualified 
retirement plan (as defined in section 4974(c)). 
Such term shall not include any amount attributable 
to a payment under subsection (a)(2).
2015 
† HR 2617 EAS2 
‘‘(2) 
REDUCTION
FOR
CERTAIN
DISTRIBU-
TIONS.— 
‘‘(A) IN
GENERAL.—The qualified retire-
ment savings contributions determined under 
paragraph (1) for a taxable year shall be reduced 
(but not below zero) by the aggregate distribu-
tions received by the individual during the test-
ing period from any entity of a type to which 
contributions under paragraph (1) may be made. 
‘‘(B) TESTING
PERIOD.—For purposes of 
subparagraph (A), the testing period, with re-
spect to a taxable year, is the period which in-
cludes— 
‘‘(i) such taxable year, 
‘‘(ii) the 2 preceding taxable years, 
and 
‘‘(iii) the period after such taxable 
year and before the due date (including ex-
tensions) for filing the return of tax for such 
taxable year. 
‘‘(C) 
EXCEPTED
DISTRIBUTIONS.—There 
shall not be taken into account under subpara-
graph (A)—
2016 
† HR 2617 EAS2 
‘‘(i) any distribution referred to in sec-
tion 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 
404(k), or 408(d)(4), 
‘‘(ii) any distribution to which section 
408(d)(3) or 408A(d)(3) applies, and 
‘‘(iii) any portion of a distribution if 
such portion is transferred or paid in a 
rollover contribution (as defined in section 
402(c), 403(a)(4), 403(b)(8), 408A(e), or 
457(e)(16)) to an account or plan to which 
qualified retirement savings contributions 
can be made. 
‘‘(D) TREATMENT
OF
DISTRIBUTIONS
RE-
CEIVED BY SPOUSE OF INDIVIDUAL.—For pur-
poses of determining distributions received by an 
individual under subparagraph (A) for any tax-
able year, any distribution received by the spouse 
of such individual shall be treated as received by 
such individual if such individual and spouse 
file a joint return for such taxable year and for 
the taxable year during which the spouse receives 
the distribution. 
‘‘(e) APPLICABLE RETIREMENT SAVINGS VEHICLE.—
2017 
† HR 2617 EAS2 
‘‘(1) IN GENERAL.—The term ‘applicable retire-
ment savings vehicle’ means an account or plan elect-
ed by the eligible individual under paragraph (2). 
‘‘(2) ELECTION.—Any such election to have con-
tributed the amount determined under subsection (a) 
shall be to an account or plan which— 
‘‘(A) is— 
‘‘(i) the portion of a plan which— 
‘‘(I) is described in clause (v) of 
section 402(c)(8)(B), is a qualified 
cash or deferred arrangement (within 
the meaning of section 401(k)), or is 
an annuity contract described in sec-
tion 403(b) which is purchased under a 
salary reduction agreement, and 
‘‘(II) does not consist of a quali-
fied Roth contribution program (as de-
fined in section 402A(b)), or 
‘‘(ii) an individual retirement plan 
which is not a Roth IRA, 
‘‘(B) is for the benefit of the eligible indi-
vidual, 
‘‘(C) accepts contributions made under this 
section, and
2018 
† HR 2617 EAS2 
‘‘(D) is designated by such individual (in 
such form and manner as the Secretary may 
provide). 
‘‘(f) OTHER DEFINITIONS AND SPECIAL RULES.— 
‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For 
purposes of this section, the term ‘modified adjusted 
gross income’ means adjusted gross income— 
‘‘(A) determined without regard to sections 
911, 931, and 933, and 
‘‘(B) determined without regard to any ex-
clusion or deduction allowed for any qualified 
retirement savings contribution made during the 
taxable year. 
‘‘(2) TREATMENT
OF
CONTRIBUTIONS.—In the 
case of any contribution under subsection (a)(2)— 
‘‘(A) except as otherwise provided in this 
section or by the Secretary under regulations, 
such contribution shall be treated as— 
‘‘(i) an elective deferral made by the 
individual, if contributed to an applicable 
retirement savings vehicle described in sub-
section (e)(2)(A)(i), or 
‘‘(ii) as an individual retirement plan 
contribution made by such individual, if 
contributed to such a plan,
2019 
† HR 2617 EAS2 
‘‘(B) such contribution shall not be taken 
into account with respect to any applicable limi-
tation 
under 
sections 
402(g)(1), 
403(b), 
408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 
415(c), or 457(b)(2), and shall be disregarded for 
purposes 
of 
sections 
401(a)(4), 
401(k)(3), 
401(k)(11)(B)(i)(III), and 416, and 
‘‘(C) such contribution shall not be treated 
as an amount that may be paid, made available, 
or distributable to the participant under section 
401(k)(2)(B)(i)(IV), 
403(b)(7)(A)(i)(V), 
or 
457(d)(1)(A)(iii). 
‘‘(3) TREATMENT OF QUALIFIED PLANS, ETC.—A 
plan or arrangement to which a contribution is made 
under this section shall not be treated as violating 
any requirement under section 401, 403, 408, or 457 
solely by reason of accepting such contribution. 
‘‘(4) ERRONEOUS MATCHING CONTRIBUTIONS.— 
‘‘(A) IN GENERAL.—If any contribution is 
erroneously paid under subsection (a)(2), includ-
ing a payment that is not made to an applicable 
retirement savings vehicle, the amount of such 
erroneous payment shall be treated as an under-
payment of tax (other than for purposes of part 
II of subchapter A of chapter 68) for the taxable
2020 
† HR 2617 EAS2 
year in which the Secretary determines the pay-
ment is erroneous. 
‘‘(B) DISTRIBUTION OF ERRONEOUS MATCH-
ING CONTRIBUTIONS.—In the case of a contribu-
tion to which subparagraph (A) applies— 
‘‘(i) 
section 
402(a), 
403(a)(1), 
403(b)(1), 408(d)(1), or 457(a)(1), which-
ever is applicable, shall not apply to any 
distribution of such contribution, and sec-
tion 72(t) shall not apply to the distribu-
tion of such contribution or any income at-
tributable thereto, if such distribution is re-
ceived not later than the day prescribed by 
law (including extensions of time) for filing 
the individual’s return for such taxable 
year, and 
‘‘(ii) any plan or arrangement from 
which such a distribution is made under 
this subparagraph shall not be treated as 
violating any requirement under section 
401, 403, or 457 solely by reason of making 
such distribution. 
‘‘(5) EXCEPTION
FROM
REDUCTION
OR
OFF-
SET.—Any payment made to any individual under 
this section shall not be—
2021 
† HR 2617 EAS2 
‘‘(A) subject to reduction or offset pursuant 
to subsection (c), (d), (e), or (f) of section 6402 
or any similar authority permitting offset, or 
‘‘(B) reduced or offset by other assessed Fed-
eral taxes that would otherwise be subject to levy 
or collection. 
‘‘(6) SAVER’S MATCH RECOVERY PAYMENTS.— 
‘‘(A) IN GENERAL.—In the case of an appli-
cable retirement savings vehicle to which con-
tributions have been made under subsection 
(a)(2), and from which a specified early dis-
tribution has been made during the taxable year, 
if the aggregate amount of such contributions ex-
ceeds the account balance of such savings vehicle 
at the end of the such taxable year, the tax im-
posed by chapter 1 shall be increased by an 
amount equal to such excess (reduced by the 
amount by which the tax under such chapter was 
increased under section 72(t)(1) with respect to 
such distribution). 
‘‘(B) SPECIFIED
EARLY
DISTRIBUTION.— 
For purposes of this paragraph, the term ‘speci-
fied early distribution’ means any portion of a 
distribution—
2022 
† HR 2617 EAS2 
‘‘(i) which is from such applicable re-
tirement savings vehicle to which a con-
tribution has been made under subsection 
(a)(2), 
‘‘(ii) which is includible in gross in-
come, and 
‘‘(iii) to which 72(t)(1) applies. 
‘‘(C) EXCESS MAY BE REPAID.— 
‘‘(i) IN GENERAL.—The increase in tax 
for any taxable year under subparagraph 
(A) shall be reduced (but not below zero) by 
so much of such specified early distribution 
as the individual elects to contribute to an 
applicable retirement savings vehicle not 
later than the day prescribed by law (in-
cluding extensions of time) for filing such 
individual’s return for such taxable year. 
‘‘(ii) CONTRIBUTION OF EXCESS.—Any 
individual who elects to contribute an 
amount under clause (i) may make one or 
more contributions in an aggregate amount 
not to exceed the amount of the specified 
early distribution to which the election re-
lates to an applicable retirement savings ve-
hicle and to which a rollover contribution of
2023 
† HR 2617 EAS2 
such distribution could be made under sec-
tion 
402(c), 
403(b)(8), 
408(d)(3), 
or 
457(e)(16), as the case may be. 
‘‘(iii) LIMITATION ON CONTRIBUTIONS 
TO APPLICABLE RETIREMENT SAVINGS VEHI-
CLE
OTHER
THAN
IRAS.—The aggregate 
amount of contributions made by an indi-
vidual under clause (ii) to any applicable 
savings retirement vehicle which is not an 
individual retirement plan shall not exceed 
the aggregate amount of specified early re-
tirement distributions which are made from 
such savings retirement vehicle to such indi-
vidual. Clause (ii) shall not apply to con-
tributions to any applicable retirement sav-
ings vehicle which is not an individual re-
tirement plan unless the individual is eligi-
ble to make contributions (other than those 
described in clause (ii)) to such retirement 
savings vehicle. 
‘‘(iv) TREATMENT OF REPAYMENTS OF 
DISTRIBUTIONS
FROM
APPLICABLE
ELIGI-
BLE
RETIREMENT
PLANS
OTHER
THAN 
IRAS.—If a contribution is made under 
clause (ii) with respect to a specified early
2024 
† HR 2617 EAS2 
distribution from an applicable savings re-
tirement vehicle other than an individual 
retirement plan, then the taxpayer shall, to 
the extent of the amount of the contribution, 
be treated as having received such distribu-
tion in an eligible rollover distribution (as 
defined in section 402(c)(4)) and as having 
transferred the amount to the savings retire-
ment vehicle in a direct trustee to trustee 
transfer within 60 days of the distribution. 
‘‘(v) TREATMENT OF REPAYMENTS FOR 
DISTRIBUTIONS FROM IRAS.—If a contribu-
tion is made under clause (ii) with respect 
to a specified early distribution from an in-
dividual retirement plan, then, to the extent 
of the amount of the contribution, such dis-
tribution shall be treated as a distribution 
described in section 408(d)(3) and as hav-
ing been transferred to the applicable retire-
ment savings vehicle in a direct trustee to 
trustee transfer within 60 days of the dis-
tribution. 
‘‘(D) RULES TO ACCOUNT FOR INVESTMENT 
LOSS.—The Secretary shall prescribe such rules 
as may be appropriate to reduce any increase in
2025 
† HR 2617 EAS2 
tax otherwise made under subparagraph (A) to 
properly account for the extent to which any 
portion of the excess described in such subpara-
graph is allocable to investment loss in the re-
tirement savings vehicle. 
‘‘(g) PROVISION BY SECRETARY OF INFORMATION RE-
LATING TO CONTRIBUTIONS.—In the case of an amount 
elected by an eligible individual to be contributed to an ac-
count or plan under subsection (e)(2), the Secretary shall 
provide general guidance applicable to the custodian of the 
account or the plan sponsor, as the case may be, detailing 
the treatment of such contribution under subsection (f)(2) 
and the reporting requirements with respect to such con-
tribution under section 6058, particularly as such require-
ments are modified pursuant to section 102(c)(2) of the SE-
CURE 2.0 Act of 2022. 
‘‘(h) INFLATION ADJUSTMENTS.— 
‘‘(1) IN GENERAL.—In the case of any taxable 
year beginning in a calendar year after 2027, the 
$41,000 amount in subsection (b)(3)(A)(i) shall be in-
creased by an amount equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar year 
in which the taxable year begins, determined by
2026 
† HR 2617 EAS2 
substituting ‘calendar year 2026’ for ‘calendar 
year 2016’ in subparagraph (A)(ii) thereof. 
‘‘(2) 
ROUNDING.—Any 
increase 
determined 
under paragraph (1) shall be rounded to the nearest 
multiple of $1,000.’’. 
(b) TREATMENT OF CERTAIN POSSESSIONS.— 
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
CODE TAX SYSTEMS.—The Secretary of the Treasury 
shall pay to each possession of the United States 
which has a mirror code tax system amounts equal to 
the loss (if any) to that possession by reason of the 
amendments made by this section. Such amounts 
shall be determined by the Secretary of the Treasury 
based on information provided by the government of 
the respective possession. 
(2) PAYMENTS
TO
OTHER
POSSESSIONS.—The 
Secretary of the Treasury shall pay to each possession 
of the United States which does not have a mirror 
code tax system amounts estimated by the Secretary 
of the Treasury as being equal to the aggregate bene-
fits (if any) that would have been provided to eligible 
residents of such possession by reason of the amend-
ments made by this section if a mirror code tax sys-
tem had been in effect in such possession. The pre-
ceding sentence shall not apply unless the respective
2027 
† HR 2617 EAS2 
possession has a process, which has been approved by 
the Secretary of the Treasury, under which such pos-
session promptly transfers the payments directly on 
behalf of eligible residents to a retirement savings ve-
hicle established under the laws of such possession or 
the United States that is substantially similar to a 
plan, or is a plan, described in clause (iii), (iv), (v), 
or (vi) of section 402(c)(8)(B) of the Internal Revenue 
Code of 1986 or an individual retirement plan, and 
the restrictions on distributions from such retirement 
savings vehicle are substantially similar to the provi-
sions of section 6433(d)(2) of such Code (as added by 
this section). 
(3) 
COORDINATION
WITH
UNITED
STATES 
SAVER’S MATCH.—No matching contribution shall be 
allowed under section 6433 of the Internal Revenue 
Code of 1986 (as added by this section) to any per-
son— 
(A) to whom a matching contribution is 
paid by the possession by reason of the amend-
ments made by this section, or 
(B) who is eligible for a payment under a 
plan described in paragraph (2). 
(4) MIRROR CODE TAX SYSTEM.—For purposes 
of this subsection, the term ‘‘mirror code tax system’’
2028 
† HR 2617 EAS2 
means, with respect to any possession of the United 
States, the income tax system of such possession if the 
income tax liability of the residents of such possession 
under such system is determined by reference to the 
income tax laws of the United States as if such pos-
session were the United States. 
(5) TREATMENT OF PAYMENTS.—For purposes of 
section 1324 of title 31, United States Code, the pay-
ments under this subsection shall be treated in the 
same manner as a refund due from a credit provision 
referred to in subsection (b)(2) of such section. 
(c) ADMINISTRATIVE PROVISIONS.— 
(1) 
DEFICIENCIES.—Section 
6211(b)(4) 
is 
amended by striking ‘‘and 7527A’’ and inserting 
‘‘7527A, and 6433’’. 
(2) REPORTING.—The Secretary of the Treasury 
shall amend the forms relating to reports required 
under section 6058 of the Internal Revenue Code of 
1986 to require— 
(A) separate reporting of the aggregate 
amount of contributions received by the plan 
during the year under section 6433 of the Inter-
nal Revenue Code of 1986 (as added by this sec-
tion), and
2029 
† HR 2617 EAS2 
(B) similar reporting with respect to indi-
vidual retirement accounts (as defined in section 
408 of such Code) and individual retirement an-
nuities (as defined in section 408(b) of such 
Code). 
(d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 
31, United States Code, is amended by striking ‘‘or 7527A’’ 
and inserting ‘‘7527A, or 6433’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Paragraph (1) of section 25B(d) is amended 
by striking ‘‘the sum of—’’ and all that follows 
through ‘‘the amount of contributions made before 
January 1, 2026’’ and inserting ‘‘the amount of con-
tributions made before January 1, 2026’’. 
(2) The table of sections for subchapter B of 
chapter 65 is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 6433. Saver’s Match.’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2026. 
SEC. 104. PROMOTION OF SAVER’S MATCH. 
(a) IN GENERAL.—The Secretary of the Treasury shall 
take such steps as the Secretary determines are necessary 
and appropriate to increase public awareness of the match-
2030 
† HR 2617 EAS2 
ing contribution provided under section 6433 of the Inter-
nal Revenue Code of 1986. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than July 1, 2026, 
the Secretary shall provide a report to Congress to 
summarize the anticipated promotion efforts of the 
Treasury under subsection (a). 
(2) CONTENTS.—Such report shall include— 
(A) a description of plans for— 
(i) the development and distribution of 
digital and print materials, including the 
distribution of such materials to States for 
participants in State facilitated retirement 
savings programs, 
(ii) the translation of such materials 
into the 10 most commonly spoken lan-
guages in the United States after English 
(as determined by reference to the most re-
cent American Community Survey of the 
Bureau of the Census), and 
(iii) communicating the adverse con-
sequences of early withdrawal from an ap-
plicable retirement savings vehicle to which 
a matching contribution has been paid 
under section 6333(a)(2) of the Internal
2031 
† HR 2617 EAS2 
Revenue Code of 1986, including the oper-
ation of the Saver’s Match Recovery Pay-
ment rules under section 6433(f)(6) of such 
Code and associated early withdrawal pen-
alties, and 
(B) such other information as the Secretary 
determines is necessary. 
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION. 
(a) IN GENERAL.—Section 3(43)(B)(ii) of the Em-
ployee Retirement Income Security Act of 1974 (29 U.S.C. 
1002(43)(B)(ii)) is amended to read as follows: 
‘‘(ii) designate a named fiduciary 
(other than an employer in the plan) to be 
responsible for collecting contributions to 
the plan and require such fiduciary to im-
plement written contribution collection pro-
cedures that are reasonable, diligent, and 
systematic;’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after December 
31, 2022. 
SEC. 106. MULTIPLE EMPLOYER 403(b) PLANS. 
(a) IN GENERAL.—Section 403(b) is amended by add-
ing at the end the following new paragraph: 
‘‘(15) MULTIPLE EMPLOYER PLANS.—
2032 
† HR 2617 EAS2 
‘‘(A) IN GENERAL.—Except in the case of a 
church plan, this subsection shall not be treated 
as failing to apply to an annuity contract solely 
by reason of such contract being purchased under 
a plan maintained by more than 1 employer. 
‘‘(B) TREATMENT OF EMPLOYERS FAILING 
TO MEET REQUIREMENTS OF PLAN.— 
‘‘(i) IN GENERAL.—In the case of a 
plan maintained by more than 1 employer, 
this subsection shall not be treated as fail-
ing to apply to an annuity contract held 
under such plan merely because of one or 
more employers failing to meet the require-
ments of this subsection if such plan satis-
fies rules similar to the rules of section 
413(e)(2) with respect to any such employer 
failure. 
‘‘(ii) ADDITIONAL
REQUIREMENTS
IN 
CASE
OF
NON-GOVERNMENTAL
PLANS.—A 
plan shall not be treated as meeting the re-
quirements of this subparagraph unless the 
plan satisfies rules similar to the rules of 
subparagraph 
(A) 
or 
(B) 
of 
section 
413(e)(1), except in the case of a multiple 
employer plan maintained solely by any of
2033 
† HR 2617 EAS2 
the following: A State, a political subdivi-
sion of a State, or an agency or instrumen-
tality of any one or more of the foregoing.’’. 
(b) ANNUAL REGISTRATION
FOR 403(b) MULTIPLE 
EMPLOYER PLAN.—Section 6057 is amended by redesig-
nating subsection (g) as subsection (h) and by inserting 
after subsection (f) the following new subsection: 
‘‘(g) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS 
ONE PLAN.—In the case of annuity contracts to which this 
section applies and to which section 403(b) applies by rea-
son of the plan under which such contracts are purchased 
meeting the requirements of paragraph (15) thereof, such 
plan shall be treated as a single plan for purposes of this 
section.’’. 
(c) ANNUAL INFORMATION RETURNS FOR 403(b) MUL-
TIPLE EMPLOYER PLAN.—Section 6058 is amended by re-
designating subsection (f) as subsection (g) and by inserting 
after subsection (e) the following new subsection: 
‘‘(f) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS 
ONE PLAN.—In the case of annuity contracts to which this 
section applies and to which section 403(b) applies by rea-
son of the plan under which such contracts are purchased 
meeting the requirements of paragraph (15) thereof, such 
plan shall be treated as a single plan for purposes of this 
section.’’.
2034 
† HR 2617 EAS2 
(d) AMENDMENTS
TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Section 3(43)(A) of the Em-
ployee Retirement Income Security Act of 1974 is 
amended— 
(A) in clause (ii), by striking ‘‘section 
501(a) of such Code or’’ and inserting ‘‘section 
501(a) of such Code, a plan that consists of an-
nuity contracts described in section 403(b) of 
such Code, or’’; and 
(B) in the flush text at the end following 
clause (iii), by striking ‘‘the plan.’’ and inserting 
‘‘the plan, but such term shall include any plan 
(other than a plan excepted from the application 
of this title by section 4(b)(2)) maintained for 
the benefit of the employees of more than 1 em-
ployer that consists of annuity contracts de-
scribed in section 403(b) of such Code and that 
meets the requirements of subparagraph (B) of 
section 413(e)(1) of such Code.’’. 
(2) 
CONFORMING
AMENDMENTS.—Sections 
3(43)(B)(v)(II) and 3(44)(A)(i)(I) of the Employee 
Retirement Income Security Act of 1974 are each 
amended by striking ‘‘section 401(a) of such Code or’’ 
and inserting ‘‘section 401(a) of such Code, a plan
2035 
† HR 2617 EAS2 
that consists of annuity contracts described in section 
403(b) of such Code, or’’. 
(e) REGULATIONS RELATING TO EMPLOYER FAILURE 
TO MEET MULTIPLE EMPLOYER PLAN REQUIREMENTS.— 
The Secretary of the Treasury (or the Secretary’s delegate) 
shall prescribe such regulations as may be necessary to clar-
ify, in the case of plans to which section 403(b)(15) of the 
Internal Revenue Code of 1986 applies, the treatment of an 
employer departing such plan in connection with such em-
ployer’s failure to meet multiple employer plan require-
ments. 
(f) MODIFICATION
OF
MODEL
PLAN
LANGUAGE, 
ETC.— 
(1) PLAN NOTIFICATIONS.—The Secretary of the 
Treasury (or the Secretary’s delegate), in consultation 
with the Secretary of Labor, shall modify the model 
plan language published under section 413(e)(5) of 
the Internal Revenue Code of 1986 to include lan-
guage that requires participating employers be noti-
fied that the plan is subject to the Employee Retire-
ment Income Security Act of 1974 and that such em-
ployer is a plan sponsor with respect to its employees 
participating in the multiple employer plan and, as 
such, has certain fiduciary duties with respect to the 
plan and to its employees.
2036 
† HR 2617 EAS2 
(2) MODEL
PLANS
FOR
MULTIPLE
EMPLOYER 
403(b) 
PLANS.—For 
plans 
to 
which 
section 
403(b)(15)(A) of the Internal Revenue Code of 1986 
applies (other than a plan maintained for its employ-
ees by a State, a political subdivision of a State, or 
an agency or instrumentality of any one or more of 
the foregoing), the Secretary of the Treasury (or the 
Secretary’s delegate), in consultation with the Sec-
retary of Labor, shall publish model plan language 
similar to model plan language published under sec-
tion 413(e)(5) of such Code. 
(3) EDUCATIONAL OUTREACH TO EMPLOYERS EX-
EMPT FROM TAX.—The Secretary of the Treasury (or 
the Secretary’s delegate), in consultation with the Sec-
retary of Labor, shall provide education and outreach 
to increase awareness to employers described in sec-
tion 501(c)(3) of the Internal Revenue Code of 1986, 
and which are exempt from tax under section 501(a) 
of such Code, that multiple employer plans are subject 
to the Employee Retirement Income Security Act of 
1974 and that such employer is a plan sponsor with 
respect to its employees participating in the multiple 
employer plan and, as such, has certain fiduciary du-
ties with respect to the plan and to its employees.
2037 
† HR 2617 EAS2 
(g) NO INFERENCE WITH RESPECT
TO CHURCH 
PLANS.—Regarding any application of section 403(b) of the 
Internal Revenue Code of 1986 to an annuity contract pur-
chased under a church plan (as defined in section 414(e) 
of such Code) maintained by more than 1 employer, or to 
any application of rules similar to section 413(e) of such 
Code to such a plan, no inference shall be made from section 
403(b)(15)(A) of such Code (as added by this Act) not ap-
plying to such plans. 
(h) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall apply to plan years beginning after 
December 31, 2022. 
(2) RULE OF CONSTRUCTION.—Nothing in the 
amendments made by subsection (a) shall be con-
strued as limiting the authority of the Secretary of 
the Treasury or the Secretary’s delegate (determined 
without regard to such amendment) to provide for the 
proper treatment of a failure to meet any requirement 
applicable under the Internal Revenue Code of 1986 
with respect to one employer (and its employees) in 
the case of a plan to which section 403(b)(15) of the 
Internal Revenue Code of 1986 applies.
2038 
† HR 2617 EAS2 
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING 
DATE FOR MANDATORY DISTRIBUTIONS. 
(a) IN
GENERAL.—Section 401(a)(9)(C)(i)(I) is 
amended by striking ‘‘age 72’’ and inserting ‘‘the applicable 
age’’. 
(b) SPOUSE BENEFICIARIES; SPECIAL RULE
FOR 
OWNERS.—Subparagraphs (B)(iv)(I) and (C)(ii)(I) of sec-
tion 401(a)(9) are each amended by striking ‘‘age 72’’ and 
inserting ‘‘the applicable age’’. 
(c) 
APPLICABLE
AGE.—Section 
401(a)(9)(C) 
is 
amended by adding at the end the following new clause: 
‘‘(v) APPLICABLE AGE.— 
‘‘(I) In the case of an individual 
who attains age 72 after December 31, 
2022, and age 73 before January 1, 
2033, the applicable age is 73. 
‘‘(II) In the case of an individual 
who attains age 74 after December 31, 
2032, the applicable age is 75.’’. 
(d) CONFORMING AMENDMENTS.—The last sentence of 
section 408(b) is amended by striking ‘‘age 72’’ and insert-
ing ‘‘the applicable age (determined under section 
401(a)(9)(C)(v) for the calendar year in which such taxable 
year begins)’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to distributions required to be made
2039 
† HR 2617 EAS2 
after December 31, 2022, with respect to individuals who 
attain age 72 after such date. 
SEC. 108. INDEXING IRA CATCH-UP LIMIT. 
(a) IN
GENERAL.—Subparagraph (C) of section 
219(b)(5) is amended by adding at the end the following 
new clause: 
‘‘(iii) INDEXING OF CATCH-UP LIMITA-
TION.—In the case of any taxable year be-
ginning in a calendar year after 2023, the 
$1,000 amount under subparagraph (B)(ii) 
shall be increased by an amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the cost-of-living adjustment 
determined under section 1(f)(3) for 
the calendar year in which the taxable 
year begins, determined by substituting 
‘calendar year 2022’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any amount after adjustment under the 
preceding sentence is not a multiple of 
$100, such amount shall be rounded to the 
next lower multiple of $100.’’.
2040 
† HR 2617 EAS2 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2023. 
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 
62, AND 63. 
(a) IN GENERAL.— 
(1) PLANS OTHER THAN SIMPLE PLANS.—Sec-
tion 414(v)(2)(B)(i) is amended by inserting the fol-
lowing before the period: ‘‘(the adjusted dollar 
amount, in the case of an eligible participant who 
would attain age 60 but would not attain age 64 be-
fore the close of the taxable year)’’. 
(2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is 
amended by inserting the following before the period: 
‘‘(the adjusted dollar amount, in the case of an eligi-
ble participant who would attain age 60 but would 
not attain age 64 before the close of the taxable 
year)’’. 
(b) ADJUSTED DOLLAR AMOUNT.—Section 414(v)(2) 
is amended by adding at the end the following new subpara-
graph: 
‘‘(E) ADJUSTED
DOLLAR
AMOUNT.—For 
purposes of subparagraph (B), the adjusted dol-
lar amount is—
2041 
† HR 2617 EAS2 
‘‘(i) in the case of clause (i) of sub-
paragraph (B), the greater of— 
‘‘(I) $10,000, or 
‘‘(II) an amount equal to 150 per-
cent of the dollar amount which would 
be in effect under such clause for 2024 
for eligible participants not described 
in the parenthetical in such clause, or 
‘‘(ii) in the case of clause (ii) of sub-
paragraph (B), the greater of— 
‘‘(I) $5,000, or 
‘‘(II) an amount equal to equal to 
150 percent of the dollar amount which 
would be in effect under such clause for 
2025 for eligible participants not de-
scribed in the parenthetical in such 
clause.’’. 
(c) COST-OF-LIVING
ADJUSTMENTS.—Subparagraph 
(C) of section 414(v)(2) is amended by adding at the end 
the following: ‘‘In the case of a year beginning after Decem-
ber 31, 2025, the Secretary shall adjust annually the ad-
justed dollar amounts applicable under clauses (i) and (ii) 
of subparagraph (E) for increases in the cost-of-living at 
the same time and in the same manner as adjustments 
under the preceding sentence; except that the base period
2042 
† HR 2617 EAS2 
taken into account shall be the calendar quarter beginning 
July 1, 2024.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2024. 
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS 
ELECTIVE DEFERRALS FOR PURPOSES OF 
MATCHING CONTRIBUTIONS. 
(a) IN
GENERAL.—Subparagraph (A) of section 
401(m)(4) is amended by striking ‘‘and’’ at the end of 
clause (i), by striking the period at the end of clause (ii) 
and inserting ‘‘, and’’, and by adding at the end the fol-
lowing new clause: 
‘‘(iii) subject to the requirements of 
paragraph (14), any employer contribution 
made to a defined contribution plan on be-
half of an employee on account of a quali-
fied student loan payment.’’. 
(b) QUALIFIED STUDENT LOAN PAYMENT.—Para-
graph (4) of section 401(m) is amended by adding at the 
end the following new subparagraph: 
‘‘(D) QUALIFIED
STUDENT
LOAN
PAY-
MENT.—The term ‘qualified student loan pay-
ment’ means a payment made by an employee in 
repayment of a qualified education loan (as de-
2044 
† HR 2617 EAS2 
(c) MATCHING CONTRIBUTIONS FOR QUALIFIED STU-
DENT LOAN PAYMENTS.—Section 401(m) is amended by re-
designating paragraph (13) as paragraph (14), and by in-
serting after paragraph (12) the following new paragraph: 
‘‘(13) MATCHING
CONTRIBUTIONS
FOR
QUALI-
FIED STUDENT LOAN PAYMENTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (4)(A)(iii), an employer contribution 
made to a defined contribution plan on account 
of a qualified student loan payment shall be 
treated as a matching contribution for purposes 
of this title if— 
‘‘(i) the plan provides matching con-
tributions on account of elective deferrals at 
the same rate as contributions on account of 
qualified student loan payments, 
‘‘(ii) the plan provides matching con-
tributions on account of qualified student 
loan payments only on behalf of employees 
otherwise eligible to receive matching con-
tributions on account of elective deferrals, 
‘‘(iii) under the plan, all employees eli-
gible to receive matching contributions on 
account of elective deferrals are eligible to
2045 
† HR 2617 EAS2 
receive matching contributions on account 
of qualified student loan payments, and 
‘‘(iv) the plan provides that matching 
contributions on account of qualified stu-
dent loan payments vest in the same man-
ner as matching contributions on account of 
elective deferrals. 
‘‘(B) TREATMENT FOR PURPOSES OF NON-
DISCRIMINATION RULES, ETC.— 
‘‘(i) NONDISCRIMINATION RULES.—For 
purposes of subparagraph (A)(iii), sub-
section (a)(4), and section 410(b), matching 
contributions 
described 
in 
paragraph 
(4)(A)(iii) shall not fail to be treated as 
available to an employee solely because such 
employee does not have debt incurred under 
a qualified education loan (as defined in 
section 221(d)(1)). 
‘‘(ii) STUDENT
LOAN
PAYMENTS
NOT 
TREATED AS PLAN CONTRIBUTION.—Except 
as provided in clause (iii), a qualified stu-
dent loan payment shall not be treated as a 
contribution to a plan under this title. 
‘‘(iii) 
MATCHING
CONTRIBUTION 
RULES.—Solely for purposes of meeting the
2046 
† HR 2617 EAS2 
requirements of paragraph (11)(B), (12), or 
(13) of this subsection, or paragraph 
(11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) 
of subsection (k), a plan may treat a quali-
fied student loan payment as an elective de-
ferral or an elective contribution, whichever 
is applicable. 
‘‘(iv) ACTUAL DEFERRAL PERCENTAGE 
TESTING.—In determining whether a plan 
meets 
the 
requirements 
of 
subsection 
(k)(3)(A)(ii) for a plan year, the plan may 
apply the requirements of such subsection 
separately with respect to all employees who 
receive matching contributions described in 
paragraph (4)(A)(iii) for the plan year. 
‘‘(C) EMPLOYER MAY RELY ON EMPLOYEE 
CERTIFICATION.—The employer may rely on an 
employee certification of payment under para-
graph (4)(D)(ii).’’. 
(d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph (2) 
of section 408(p) is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) 
MATCHING
CONTRIBUTIONS
FOR 
QUALIFIED STUDENT LOAN PAYMENTS.—
2047 
† HR 2617 EAS2 
‘‘(i) IN GENERAL.—Subject to the rules 
of clause (iii), an arrangement shall not fail 
to be treated as meeting the requirements of 
subparagraph (A)(iii) solely because under 
the arrangement, solely for purposes of such 
subparagraph, qualified student loan pay-
ments are treated as amounts elected by the 
employee under subparagraph (A)(i)(I) to 
the extent such payments do not exceed— 
‘‘(I) the applicable dollar amount 
under subparagraph (E) (after appli-
cation of section 414(v)) for the year 
(or, if lesser, the employee’s compensa-
tion (as defined in section 415(c)(3)) 
for the year), reduced by 
‘‘(II) any other amounts elected 
by the employee under subparagraph 
(A)(i)(I) for the year. 
‘‘(ii) QUALIFIED STUDENT LOAN PAY-
MENT.—For purposes of this subpara-
graph— 
‘‘(I) 
IN
GENERAL.—The 
term 
‘qualified student loan payment’ means 
a payment made by an employee in re-
payment of a qualified education loan
2048 
† HR 2617 EAS2 
(as defined in section 221(d)(1)) in-
curred by the employee to pay quali-
fied higher education expenses, but 
only if the employee certifies to the em-
ployer making the matching contribu-
tion that such payment has been made 
on such a loan. 
‘‘(II) QUALIFIED
HIGHER
EDU-
CATION EXPENSES.—The term ‘quali-
fied higher education expenses’ has the 
same meaning as when used in section 
401(m)(4)(D). 
‘‘(iii) APPLICABLE RULES.—Clause (i) 
shall apply to an arrangement only if, 
under the arrangement— 
‘‘(I) matching contributions on 
account of qualified student loan pay-
ments are provided only on behalf of 
employees otherwise eligible to elect 
contributions 
under 
subparagraph 
(A)(i)(I), and 
‘‘(II) all employees otherwise eligi-
ble to participate in the arrangement 
are eligible to receive matching con-
2049 
† HR 2617 EAS2 
tributions on account of qualified stu-
dent loan payments.’’. 
(e) 403(b) PLANS.—Subparagraph (A) of section 
403(b)(12) is amended by adding at the end the following: 
‘‘The fact that the employer offers matching contributions 
on account of qualified student loan payments as described 
in section 401(m)(13) shall not be taken into account in 
determining whether the arrangement satisfies the require-
ments of clause (ii) (and any regulation thereunder).’’. 
(f) 457(b) PLANS.—Subsection (b) of section 457 is 
amended by adding at the end the following: ‘‘A plan which 
is established and maintained by an employer which is de-
scribed in subsection (e)(1)(A) shall not be treated as failing 
to meet the requirements of this subsection solely because 
the plan, or another plan maintained by the employer 
which meets the requirements of section 401(a) or 403(b), 
provides for matching contributions on account of qualified 
student loan payments as described in section 401(m)(13).’’. 
(g) REGULATORY AUTHORITY.—The Secretary of the 
Treasury (or such Secretary’s delegate) shall prescribe regu-
lations for purposes of implementing the amendments made 
by this section, including regulations— 
(1) permitting a plan to make matching con-
tributions for qualified student loan payments, as de-
fined in sections 401(m)(4)(D) and 408(p)(2)(F) of
2050 
† HR 2617 EAS2 
the Internal Revenue Code of 1986, as added by this 
section, at a different frequency than matching con-
tributions are otherwise made under the plan, pro-
vided that the frequency is not less than annually; 
(2) permitting employers to establish reasonable 
procedures to claim matching contributions for such 
qualified student loan payments under the plan, in-
cluding an annual deadline (not earlier than 3 
months after the close of each plan year) by which a 
claim must be made; and 
(3) promulgating model amendments which 
plans may adopt to implement matching contribu-
tions on such qualified student loan payments for 
purposes of sections 401(m), 408(p), 403(b), and 
457(b) of the Internal Revenue Code of 1986. 
(h) EFFECTIVE DATE.—The amendments made by this 
section shall apply to contributions made for plan years 
beginning after December 31, 2023. 
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER 
PENSION PLAN STARTUP COSTS TO EMPLOY-
ERS WHICH JOIN AN EXISTING PLAN. 
(a) IN GENERAL.—Section 45E(d)(3)(A) is amended 
by striking ‘‘effective’’ and inserting ‘‘effective with respect 
to the eligible employer’’.
2051 
† HR 2617 EAS2 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect as if included in the enactment of 
section 104 of the Setting Every Community Up for Retire-
ment Enhancement Act of 2019. 
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGI-
BILITY CREDIT FOR SMALL EMPLOYERS. 
(a) IN GENERAL.—Subpart D of part IV of subchapter 
A of chapter 1 is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 45AA. MILITARY SPOUSE RETIREMENT PLAN ELIGI-
BILITY CREDIT FOR SMALL EMPLOYERS. 
‘‘(a) IN GENERAL.—For purposes of section 38, in the 
case of any eligible small employer, the military spouse re-
tirement plan eligibility credit determined under this sec-
tion for any taxable year is an amount equal to the sum 
of— 
‘‘(1) $200 with respect to each military spouse 
who is an employee of such employer and who par-
ticipates in an eligible defined contribution plan of 
such employer at any time during such taxable year, 
plus 
‘‘(2) so much of the contributions made by such 
employer (other than an elective deferral (as defined 
in section 402(g)(3)) to all such plans with respect to
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such employee during such taxable year as do not ex-
ceed $300. 
‘‘(b) LIMITATION.—An individual shall only be taken 
into account as a military spouse under subsection (a) for 
the taxable year which includes the date on which such indi-
vidual began participating in the eligible defined contribu-
tion plan of the employer and the 2 succeeding taxable 
years. 
‘‘(c) ELIGIBLE SMALL EMPLOYER.—For purposes of 
this section, the term ‘eligible small employer’ means an 
eligible employer (as defined in section 408(p)(2)(C)(i)(I). 
‘‘(d) MILITARY SPOUSE.—For purposes of this sec-
tion— 
‘‘(1) IN GENERAL.—The term ‘military spouse’ 
means, with respect to any employer, any individual 
who is married (within the meaning of section 7703 
as of the first date that the employee is employed by 
the employer) to an individual who is a member of 
the uniformed services (as defined section 101(a)(5) of 
title 10, United States Code) serving on active duty. 
For purposes of this section, an employer may rely on 
an employee’s certification that such employee’s 
spouse is a member of the uniformed services if such 
certification provides the name, rank, and service 
branch of such spouse.
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‘‘(2) EXCLUSION OF HIGHLY COMPENSATED EM-
PLOYEES.—With respect to any employer, the term 
‘military spouse’ shall not include any individual if 
such individual is a highly compensated employee of 
such employer (within the meaning of section 414(q)). 
‘‘(e) ELIGIBLE DEFINED CONTRIBUTION PLAN.—For 
purposes of this section, the term ‘eligible defined contribu-
tion plan’ means, with respect to any eligible small em-
ployer, any defined contribution plan (as defined in section 
414(i)) of such employer if, under the terms of such plan— 
‘‘(1) military spouses employed by such employer 
are eligible to participate in such plan not later than 
the date which is 2 months after the date on which 
such individual begins employment with such em-
ployer, and 
‘‘(2) military spouses who are eligible to partici-
pate in such plan— 
‘‘(A) are immediately eligible to receive an 
amount of employer contributions under such 
plan which is not less the amount of such con-
tributions that a similarly situated participant 
who is not a military spouse would be eligible to 
receive under such plan after 2 years of service, 
and
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‘‘(B) immediately have a nonforfeitable 
right to the employee’s accrued benefit derived 
from employer contributions under such plan. 
‘‘(f) AGGREGATION RULE.—All persons treated as a 
single employer under subsection (b), (c), (m), or (o) of sec-
tion 414 shall be treated as one employer for purposes of 
this section.’’. 
(b) CREDIT ALLOWED AS PART OF GENERAL BUSI-
NESS CREDIT.—Section 38(b) is amended by striking 
‘‘plus’’ at the end of paragraph (39), by striking the period 
at the end of paragraph (40) and inserting ‘‘, plus’’, and 
by adding at the end the following new paragraph: 
‘‘(41) in the case of an eligible small employer 
(as defined in section 45AA(c)), the military spouse 
retirement plan eligibility credit determined under 
section 45AA(a).’’. 
(c) SPECIFIED CREDIT FOR PURPOSES OF CERTIFIED 
PROFESSIONAL
EMPLOYER
ORGANIZATIONS.—Section 
3511(d)(2) is amended by redesignating subparagraphs (F), 
(G), and (H) as subparagraphs (G), (H), and (I), respec-
tively, and by inserting after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F) section 45AA (military spouse retire-
ment plan eligibility credit),’’.
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(d) CLERICAL AMENDMENT.—The table of sections for 
subpart D of part IV of subchapter A of chapter 1 is amend-
ed by adding at the end the following new item: 
‘‘Sec. 45AA. Military spouse retirement plan eligibility credit for small employ-
ers.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after the date 
of the enactment of this Act. 
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR 
CONTRIBUTING TO A PLAN. 
(a) IN
GENERAL.—Subparagraph (A) of section 
401(k)(4) is amended by inserting ‘‘(other than a de mini-
mis financial incentive (not paid for with plan assets) pro-
vided to employees who elect to have the employer make con-
tributions under the arrangement in lieu of receiving cash)’’ 
after ‘‘any other benefit’’. 
(b) SECTION 403(b) PLANS.—Subparagraph (A) of sec-
tion 403(b)(12), as amended by the preceding provisions of 
this Act, is further amended by adding at the end the fol-
lowing: ‘‘A plan shall not fail to satisfy clause (ii) solely 
by reason of offering a de minimis financial incentive (not 
derived from plan assets) to employees to elect to have the 
employer make contributions pursuant to a salary reduc-
tion agreement.’’. 
(c) EXEMPTION FROM PROHIBITED TRANSACTION 
RULES.—Subsection (d) of section 4975 is amended by
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striking ‘‘or’’ at the end of paragraph (22), by striking the 
period at the end of paragraph (23) and inserting ‘‘, or’’, 
and by adding at the end the following new paragraph: 
‘‘(24) the provision of a de minimis financial in-
centive described in section 401(k)(4)(A).’’. 
(d) AMENDMENT OF EMPLOYEE RETIREMENT INCOME 
SECURITY ACT OF 1974.—Subsection (b) of section 408 of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1108(b)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(21) The provision of a de minimis financial 
incentive described in section 401(k)(4)(A) or section 
403(b)(12)(A) of the Internal Revenue Code of 1986.’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to plan years beginning 
after the date of enactment of this Act. 
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EM-
PLOYER STOCK TO EMPLOYEE STOCK OWNER-
SHIP PLAN SPONSORED BY S CORPORATION. 
(a) IN GENERAL.—Section 1042(c)(1)(A) is amended 
by striking ‘‘domestic C corporation’’ and inserting ‘‘domes-
tic corporation’’. 
(b) 10 PERCENT LIMITATION ON APPLICATION OF GAIN 
ON SALE OF S CORPORATION STOCK.—Section 1042 is 
amended by adding at the end the following new subsection:
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‘‘(h) APPLICATION OF SECTION TO SALE OF STOCK IN 
S CORPORATION.—In the case of the sale of qualified securi-
ties of an S corporation, the election under subsection (a) 
may be made with respect to not more than 10 percent of 
the amount realized on such sale for purposes of deter-
mining the amount of gain not recognized and the extent 
to which (if at all) the amount realized on such sale exceeds 
the cost of qualified replacement property. The portion of 
adjusted basis that is properly allocable to the portion of 
the amount realized with respect to which the election is 
made under this subsection shall be taken into account for 
purposes of the preceding sentence.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to sales after December 31, 2027. 
SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EX-
PENSES. 
(a) IN GENERAL.—Paragraph (2) of section 72(t) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(I) DISTRIBUTIONS
FOR
CERTAIN
EMER-
GENCY EXPENSES.— 
‘‘(i) IN
GENERAL.—Any emergency 
personal expense distribution. 
‘‘(ii) ANNUAL LIMITATION.—Not more 
than 1 distribution per calendar year may
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be treated as an emergency personal expense 
distribution by any individual. 
‘‘(iii) 
DOLLAR
LIMITATION.—The 
amount which may be treated as an emer-
gency personal expense distribution by any 
individual in any calendar year shall not 
exceed the lesser of $1,000 or an amount 
equal to the excess of— 
‘‘(I) the individual’s total non-
forfeitable accrued benefit under the 
plan (the individual’s total interest in 
the plan in the case of an individual 
retirement plan), determined as of the 
date of each such distribution, over 
‘‘(II) $1,000. 
‘‘(iv) EMERGENCY PERSONAL EXPENSE 
DISTRIBUTION.—For purposes of this sub-
paragraph, the term ‘emergency personal 
expense distribution’ means any distribu-
tion from an applicable eligible retirement 
plan 
(as 
defined 
in 
subparagraph 
(H)(vi)(I)) to an individual for purposes of 
meeting unforeseeable or immediate finan-
cial needs relating to necessary personal or 
family emergency expenses. The adminis-
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trator of an applicable eligible retirement 
plan may rely on an employee’s written cer-
tification that the employee satisfies the 
conditions of the preceding sentence in de-
termining whether any distribution is an 
emergency personal expense distribution. 
The Secretary may provide by regulations 
for exceptions to the rule of the preceding 
sentence in cases where the plan adminis-
trator has actual knowledge to the contrary 
of the employee’s certification, and for pro-
cedures for addressing cases of employee 
misrepresentation. 
‘‘(v) TREATMENT OF PLAN DISTRIBU-
TIONS.—If a distribution to an individual 
would (without regard to clause (ii) or (iii)) 
be an emergency personal expense distribu-
tion, a plan shall not be treated as failing 
to meet any requirement of this title merely 
because the plan treats the distribution as 
an emergency personal expense distribution, 
unless the number or the aggregate amount 
of such distributions from all plans main-
tained by the employer (and any member of 
any controlled group which includes the em-
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ployer, determined as provided in subpara-
graph (H)(iv)(II)) to such individual ex-
ceeds the limitation determined under 
clause (ii) or (iii). 
‘‘(vi) AMOUNT
DISTRIBUTED
MAY
BE 
REPAID.—Rules similar to the rules of sub-
paragraph (H)(v) shall apply with respect 
to an individual who receives a distribution 
to which clause (i) applies. 
‘‘(vii) LIMITATION
ON
SUBSEQUENT 
DISTRIBUTIONS.—If a distribution is treat-
ed as an emergency personal expense dis-
tribution in any calendar year with respect 
to a plan of the employee, no amount may 
be treated as such a distribution during the 
immediately following 3 calendar years 
with respect to such plan unless— 
‘‘(I) such previous distribution is 
fully repaid to such plan pursuant to 
clause (vi), or 
‘‘(II) the aggregate of the elective 
deferrals and employee contributions to 
the plan (the total amounts contributed 
to the plan in the case of an individual 
retirement plan) subsequent to such