I 
118TH CONGRESS 
1ST SESSION H. R. 4924 
To amend the Internal Revenue Code of 1986 and the Employee Retirement 
Income Security Act of 1974 to allow for periodic automatic reenrollment 
under qualified automatic contribution arrangements, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2023 
Ms. MANNING introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Edu-
cation and the Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 and the Em-
ployee Retirement Income Security Act of 1974 to allow 
for periodic automatic reenrollment under qualified auto-
matic contribution arrangements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Auto Reenroll Act of 
2023’’. 
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SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED 
AUTOMATIC CONTRIBUTION ARRANGEMENTS 
AND ELIGIBLE AUTOMATIC CONTRIBUTION 
ARRANGEMENTS. 
(a) QUALIFIED
AUTOMATIC
CONTRIBUTION
AR-
RANGEMENTS.— 
(1) IN GENERAL.—Section 401(k)(13)(C) of the 
Internal Revenue Code of 1986 is amended by add-
ing at the end the following new clause: 
‘‘(v) PERIODIC AUTOMATIC DEFERRAL 
PERMITTED.—A qualified automatic con-
tribution arrangement shall not fail to be 
treated as meeting the requirements of this 
subparagraph solely by reason of the fact 
that, under the arrangement— 
‘‘(I) an election by an employee 
under clause (ii)(I) terminates after 
not more than 3 years (but not less 
than 1 year), and 
‘‘(II) such employee is treated as 
having made an election under clause 
(i) after such termination unless such 
employee makes a new affirmative 
election under clause (ii). 
A termination described in subclause (I) 
may be made at one time for a plan year 
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for all employees who have made an elec-
tion described in such subclause.’’. 
(2) COORDINATION WITH RULE FOR CURRENT 
EMPLOYEES.— 
(A) IN GENERAL.—Clause (iv) of section 
401(k)(13)(C) of such Code is amended by 
striking ‘‘either to participate in the arrange-
ment or not to participate in the arrangement’’ 
and inserting ‘‘to participate in the arrange-
ment’’. 
(B) SPECIAL RULE FOR PREVIOUSLY DIS-
REGARDED EMPLOYEES.— 
(i) IN GENERAL.—For purposes of ap-
plying section 401(k)(13)(C)(v) of the In-
ternal Revenue Code of 1986 (as added by 
paragraph (1)), a previously disregarded 
employee may be treated as an employee 
who has made an election under section 
401(k)(13)(C)(ii)(I) of such Code. 
(ii) PREVIOUSLY
DISREGARDED
EM-
PLOYEE.—For purposes of this subpara-
graph, the term ‘‘previously disregarded 
employee’’ means any employee who was 
not taken into account under section 
401(k)(13)(C)(i) of the Internal Revenue 
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Code of 1986 by reason of an election de-
scribed in section 401(k)(13)(C)(iv)(II) of 
such Code (as in effect for plan years be-
ginning on or before the date of the enact-
ment of this Act) to not participate in an 
arrangement 
described 
in 
section 
401(k)(13)(C)(iv)(I) of such Code. 
(b) ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGE-
MENTS.—Section 414(w)(3) of the Internal Revenue Code 
of 1986 is amended— 
(1) by redesignating subparagraphs (A) through 
(C) as clauses (i) through (iii), respectively, and 
moving the margins of such clauses 2 ems to the 
right; 
(2) by striking ‘‘ARRANGEMENT.—For purposes 
of’’ and inserting the following: ‘‘ARRANGEMENT.— 
‘‘(A) IN GENERAL.—For purposes of’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) PERIODIC
AUTOMATIC
DEFERRAL 
PERMITTED.—An arrangement shall not fail to 
be treated as an eligible automatic contribution 
arrangement under this subsection solely by 
reason of the fact that, under the arrange-
ment— 
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‘‘(i) an election by an employee under 
subparagraph (A)(ii) not to have contribu-
tions made terminates after not more than 
3 years (but not less than 1 year), and 
‘‘(ii) such employee is treated as hav-
ing made an election under subparagraph 
(A)(ii) to make contributions at the uni-
form percentage level described in such 
subparagraph after such termination un-
less such employee makes a new election 
not to so make such contributions. 
A termination described in clause (i) may be 
made at one time for a plan year for all employ-
ees who have made an election described in 
such clause.’’. 
(c) CONFORMING AMENDMENT.—Section 514(e)(2) 
of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1144(e)(2)) is amended— 
(1) by redesignating subparagraphs (A) through 
(C) as clauses (i) through (iii), respectively; 
(2) by striking ‘‘(2) For purposes of’’ and in-
serting ‘‘(2)(A) For purposes of’’; and 
(3) by adding at the end the following: 
‘‘(B) An arrangement shall not fail to be treated as 
an automatic contribution arrangement under this sub-
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section solely by reason of the fact that under the arrange-
ment— 
‘‘(i) an election by an employee under sub-
paragraph (A)(ii) not to have contributions 
made terminates after not more than 3 years 
(but not less than 1 year), and 
‘‘(ii) such employee is treated as having 
made an election under subparagraph (A)(ii) to 
make contributions at the uniform percentage 
level described in such subparagraph after such 
termination unless such employee makes a new 
election not to so make such contributions. 
A termination described in clause (i) may be made 
at one time for a plan year for all employees who 
have made an election described in such clause, re-
gardless of individual employee dates of enroll-
ment.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after the 
date of the enactment of this Act. 
(e) NO INFERENCE.—The amendments made by this 
section shall not be construed to create any inference with 
respect to— 
(1) the application of section 401(k)(13)(C) of 
the Internal Revenue Code of 1986, section 
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414(w)(3) of such Code, or section 514(e)(2) of the 
Employee Retirement Income Security Act of 1974 
to plan years beginning before the date of the enact-
ment of this Act, or 
(2) the application of section 401(k)(13)(C)(v) 
of the Internal Revenue Code of 1986 (as added by 
subsection (a)), section 414(w)(3)(B) of such Code 
(as 
amended 
by 
subsection 
(b)), 
or 
section 
514(e)(2)(B) of the Employee Retirement Income 
Security Act of 1974 (as amended by subsection (c)) 
to arrangements terminating elections not to have 
contributions made after more than 3 years. 
Æ 
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