SAVERS Act of 2015

Bill: 114-hr-4294
Sponsor: full_name: Rep. Roskam, Peter J. [R-IL-6]
Introduced: 2015-12-18
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Department of Labor

Employee benefits and pensions

Financial services and investments

Sales and excise taxes
Latest action: action_date: 2016-04-20
text: Placed on the Union Calendar, Calendar No. 392.

Summaries:
action_date: 2015-12-18
action_desc: Introduced in House
text: <p><strong>Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015</strong></p> <p>This bill amends the Internal Revenue Code to exempt from the tax on prohibited transactions: (1) the provision of investment advice by a fiduciary to a pension plan, plan participant, or beneficiary which is a best interest recommendation; and (2) any transaction, including a contract for service, between an investment provider and the advice recipient if no more than reasonable compensation is paid for such investment advice and certain disclosures are made with respect to the cost of such advice.</p> <p>For purposes of this bill, &quot;investment advice&quot; is a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment that the person is a fiduciary with respect to the provision of the recommendation; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services.</p> <p>The bill defines &quot;best interest recommendation&quot; as a recommendation: (1) for which no more than reasonable compensation is paid; (2) that is provided by a person acting with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person would exercise based on information obtained from an advice recipient; and (3) where the person giving such advice places the interests of the plan or advice recipient above the person's interests. A best interest recommendation may include a recommendation that is based on a limited range of investment options or may result in variable compensation to the person providing the recommendation.</p> <p>The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under the Employee Retirement Income Security Act of 1974 (ERISA), the prohibited transaction provisions of the Internal Revenue Code, or other Labor regulations, and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act. </p>

action_date: 2016-04-20
action_desc: Reported to House amended, Part I
text: <p><strong>Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015</strong></p> <p>This bill amends the Internal Revenue Code (IRC) to modify the requirements for fiduciaries that provide investment advice to tax-favored savings plans, including employer-sponsored retirement plans, individual retirement accounts, health savings accounts, and education savings accounts. </p> <p>(Sec. 2) The bill specifies that the purpose is to provide that advisors are subject to liability under the IRC if they: (1) provide advice that is impermissible under the prohibited transaction provisions, or (2) breach the best interest standard for the provision of investment advice. </p> <p>(Sec. 3) The bill amends the IRC to exempt from the tax on prohibited transactions: (1) the provision of investment advice by a fiduciary to a plan, plan participant, or beneficiary with respect to the plan, which is a best interest recommendation; or (2) a transaction connected to the advice. </p> <p>For purposes of this bill, investment advice is a recommendation that relates to:</p> <ul> <li>the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation whether to take a distribution of benefits from the plan or any recommendation relating to the investment of any moneys or other property of the plan to be distributed from the plan;</li> <li>the management of moneys or other property of the plan, including recommendations relating to the management of moneys or other property to be distributed from the plan; or </li> <li>the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of these types of advice. </li> </ul> <p>Investment advice must be rendered pursuant to either: (1) a written acknowledgment that the person is a fiduciary with respect to the provision of the recommendation; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services.</p> <p>Any disclaimer of a mutual agreement, arrangement, or understanding with respect to a recommendation must be limited to specified language indicating that the information is not individualized or intended to be materially relied on in making investment or management decisions. </p> <p>The bill specifies circumstances under which information that is provided with certain disclosures, by certain individuals, or that is limited to certain non-individualized content is not treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding for purposes of the definition of investment advice and must include a disclaimer. </p> <p>The specified circumstances involve:</p> <ul> <li>a seller providing information in a marketing or sales capacity;</li> <li>information provided by a counterparty or service provider to the plan in connection with any transaction based on the information (including a service arrangement, sale, purchase, loan, bilateral contract, swap, or security-based swap); </li> <li>information provided by an employee of a plan sponsor; </li> <li>platforms or similar mechanisms that provide selection and monitoring assistance; </li> <li>valuation information; and </li> <li>financial education information. </li> </ul> <p>The bill defines &quot;best interest recommendation&quot; as a recommendation: (1) for which no more than reasonable compensation is paid; (2) that is provided by a person acting with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person would exercise based on information obtained from an advice recipient; and (3) where the advisor places the interests of the plan or advice recipient above the advisor's interests. </p> <p>A best interest recommendation may include a recommendation that:</p> <ul> <li>is based on a limited range of investment options, which may consist of proprietary products, if the limitations are clearly disclosed to the recipient prior to any transaction based on the advice using a notice that also indicates that the same or similar investments may be available at a different cost from other sources; or </li> <li> may result in variable compensation to the investment advisor if the receipt of the compensation is clearly disclosed to the advice recipient prior to any transaction based on the advice. </li> </ul> <p>A recommendation will not fail to qualify as a best interest recommendation solely because the person, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the required information if the disclosure occurs as soon as practicable, but not later than 30 days after the person knows of the error or omission. </p> <p>The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under the Employee Retirement Income Security Act of 1974 (ERISA), the prohibited transaction provisions of the IRC, or other Labor regulations. No such rules or administrative positions promulgated prior to the enactment date of this bill, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this bill. </p>

action_date: 2016-04-20
action_desc: Reported to House amended, Part II
text: <p><strong>Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015</strong></p> <p>This bill amends the Internal Revenue Code (IRC) to modify the requirements for fiduciaries that provide investment advice to tax-favored savings plans, including employer-sponsored retirement plans, individual retirement accounts, health savings accounts, and education savings accounts. </p> <p>(Sec. 2) The bill specifies that its purpose is to provide that advisors are subject to liability under the IRC if they: (1) provide advice that is impermissible under the prohibited transaction provisions, or (2) breach the best interest standard for the provision of investment advice. </p> <p>(Sec. 3) The bill amends the IRC to exempt from the tax on prohibited transactions: </p> <ul> <li>the provision of investment advice by a fiduciary to a plan, plan participant, or beneficiary with respect to the plan, which is a best interest recommendation; and </li> <li>any transaction, including a contract for service, between an investment provider and the advice recipient in connection with the advice if no more than reasonable compensation is paid and disclosures are made regarding advice that includes a limited range of investment options or that may result in variable compensation for the advisor. </li> </ul> <p>For purposes of this bill, investment advice is a recommendation that relates to:</p> <ul> <li>the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation whether to take a distribution of benefits from the plan or any recommendation relating to the investment of any moneys or other property of the plan to be rolled over or otherwise distributed from the plan;</li> <li>the management of moneys or other property of the plan, including recommendations relating to the management of moneys or other property to be rolled over or otherwise distributed from the plan; or </li> <li>the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of these types of advice. </li> </ul> <p>Investment advice must be rendered pursuant to either: (1) a written acknowledgment that the person is a fiduciary with respect to the provision of the recommendation; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services.</p> <p>Any disclaimer of a mutual agreement, arrangement, or understanding with respect to a recommendation must be limited to specified language indicating that the information is not individualized or intended to be materially relied on in making investment or management decisions. </p> <p>The bill specifies circumstances under which information that is provided with certain disclosures, by certain individuals, or that is limited to certain non-individualized content is not treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding for purposes of the definition of investment advice and must include a disclaimer. </p> <p>The specified circumstances involve:</p> <ul> <li>a seller providing information in a marketing or sales capacity;</li> <li>information provided by a counterparty or service provider to the plan in connection with any transaction based on the information (including a service arrangement, sale, purchase, loan, bilateral contract, swap, or security-based swap); </li> <li>information provided by an employee of a plan sponsor; </li> <li>platforms or similar mechanisms that provide selection and monitoring assistance; </li> <li>valuation information; and </li> <li>financial education information. </li> </ul> <p>The bill defines &quot;best interest recommendation&quot; as a recommendation: (1) for which no more than reasonable compensation is paid; (2) that is provided by a person acting with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person would exercise based on information obtained from an advice recipient; and (3) where the advisor places the interests of the plan or advice recipient above the advisor's interests. </p> <p>A best interest recommendation may include a recommendation that:</p> <ul> <li>is based on a limited range of investment options, which may consist of proprietary products, if the limitations are clearly disclosed to the recipient prior to any transaction based on the advice using a notice that also indicates that the same or similar investments may be available at a different cost from other sources; or </li> <li>may result in variable compensation to the investment advisor if the receipt of the compensation is clearly disclosed to the advice recipient prior to any transaction based on the advice. </li> </ul> <p>A recommendation will not fail to qualify as a best interest recommendation solely because the person, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the required information if a corrected disclosure occurs as soon as practicable, but not later than 30 days after the person knows of the error or omission. </p> <p>The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under the Employee Retirement Income Security Act of 1974 (ERISA), the prohibited transaction provisions of the IRC, or other Labor regulations. No such rules or administrative positions promulgated prior to the enactment date of this bill, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this bill. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 4294 IN THE HOUSE OF REPRESENTATIVES December 18, 2015 Mr. Roskam (for himself, Mr. Neal , Mr. Roe of Tennessee , Mr. Larson of Connecticut , Mr. Reed , and Ms. Michelle Lujan Grisham of New Mexico ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to ensure that retirement investors receive advice in their best interests, and for other purposes.

1. Short title This Act may be cited as the Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015 . 2. Purpose The purpose of this Act is to provide that advisors who— (1) provide advice that is impermissible under the prohibited transaction provisions under section 4975 of the Internal Revenue Code of 1986, or (2) breach the best interest standard for the provision of investment advice, are subject to liability under the Internal Revenue Code of 1986. 3. Rules relating to the provision of investment advice (a) Amendments to the Internal Revenue Code of 1986 (1) Exemption for investment advice which is best interest recommendation Section 4975(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting , or , and by inserting after paragraph (23) the following: (24) provision of investment advice by a fiduciary to a plan, plan participant, or beneficiary with respect to the plan, which is a best interest recommendation. . (2) Investment advice; best interest recommendation Section 4975(e) of such Code is amended by adding at the end the following: (10) Investment advice (A) In general For purposes of this section, the term investment advice means a recommendation that— (i) relates to— (I) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation whether to take a distribution of benefits from such plan or any recommendation relating to the investment of any moneys or other property of such plan to be rolled over or otherwise distributed from such plan; (II) the management of moneys or other property of such plan, including recommendations relating to the management of moneys or other property to be rolled over or otherwise distributed from such plan; or (III) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of the types of advice described in this subclause; and (ii) is rendered pursuant to— (I) a written acknowledgment that the person is a fiduciary with respect to the provision of such recommendation; or (II) a mutual agreement, arrangement, or understanding which may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services, between the person making such recommendation and the plan, plan participant, or beneficiary that such recommendation is individualized to the plan, plan participant, or beneficiary and such plan, plan participant, or beneficiary intends to materially rely on such recommendation in making investment or management decisions with respect to any moneys or other property of such plan. (B) Disclaimer of a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), any disclaimer of a mutual agreement, arrangement, or understanding shall only state the following: This information is not individualized to you, and there is no intent for you to materially rely on this information in making investment or management decisions. . Such disclaimer shall not be effective unless such disclaimer is in writing and is communicated in a clear and prominent manner and an objective person would reasonably conclude that, based on all the facts and circumstances, there was not a mutual agreement, arrangement, or understanding. (C) When recommendation treated as made pursuant to a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), information shall not be treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding, and such information shall contain the disclaimer required by subparagraph (B), if— (i) Seller’s exception The information is provided in conjunction with full and fair disclosure in writing to a plan, plan participant, or beneficiary that the person providing the information is doing so in its marketing or sales capacity, including any information regarding the terms and conditions of the engagement of the person providing the information, and that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan or under the obligations of a best interest recommendation. (ii) Swap and security-based swap transaction The person providing the information is a counterparty or service provider to the plan in connection with any transaction based on the information (including a service arrangement, sale, purchase, loan, bilateral contract, swap (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), or security-based swap (as defined in section 3(a) of the Securities Exchange Act ( 15 U.S.C. 78c(a) ))), but only if— (I) the plan is represented, in connection with such transaction, by a plan fiduciary who is independent of the person providing the information, and, except in the case of a swap or security-based swap, independent of the plan sponsor; and (II) prior to entering into such transaction, the independent plan fiduciary represents in writing to the person providing the information that it is aware that the person has a financial interest in the transaction and that it has determined that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan, plan participants, or plan beneficiaries. (iii) Employees of a plan sponsor The person providing the information is an employee of any sponsoring employer or employee organization who provides the information to the plan for no fee or other compensation other than the employee’s normal compensation. (iv) Platform providers selection and monitoring assistance The person providing the information discloses in writing to the plan fiduciary that the person is not undertaking to provide investment advice as a fiduciary (within the meaning of this paragraph) or under the obligations of a best interest recommendation and the information consists solely of— (I) making available to the plan, plan participants, or plan beneficiaries, without regard to the individualized needs of the plan, plan participants, or plan beneficiaries, securities or other property through a platform or similar mechanism from which a plan fiduciary may select or monitor investment alternatives, including qualified default investment alternatives, into which plan participants or beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts, or (II) in connection with a platform or similar mechanism described in subclause (I)— (aa) identifying investment alternatives that meet objective criteria specified by the plan, such as criteria concerning expense ratios, fund sizes, types of asset, or credit quality, or (bb) providing objective financial data and comparisons with independent benchmarks to the plan. (v) Valuation The information consists solely of valuation information. (vi) Financial education The information consists solely of— (I) information described in Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1, as in effect on January 1, 2015), regardless of whether such education is provided to a plan or plan fiduciary or a participant or beneficiary, (II) information provided to participants or beneficiaries regarding the factors to consider in deciding whether to elect to receive a distribution from a plan and whether to roll over such distribution to a plan, so long as any examples of different distribution and rollover alternatives are accompanied by all material facts and assumptions on which the examples are based, or (III) any additional information treated as education by the Secretary. (11) Best interest recommendation For purposes of this subsection— (A) In general The term best interest recommendation means a recommendation— (i) for which no more than reasonable compensation is paid (as determined under subsection (d)(2)), (ii) provided by a person acting with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person would exercise based on— (I) the information obtained through the reasonable diligence of the person regarding factors such as the advice recipient’s age, and (II) any other information that the advice recipient discloses to the person in connection with receiving such recommendation, and (iii) where the person places the interests of the plan or advice recipient above its own. (B) Investment options; variable compensation A best interest recommendation may include a recommendation that— (i) is based on a limited range of investment options (which may consist, in whole or in part, of proprietary products), but only if any such limitations, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, are clearly disclosed to the advice recipient prior to any transaction based on the recommendation, or (ii) may result in variable compensation to the person providing the recommendation (or any affiliate of such person), but only if the receipt of such compensation, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, is clearly disclosed to the advice recipient prior to any transaction based on the recommendation. The notices provided pursuant to clauses (i) and (ii) shall only state the following: The same or similar investments may be available at a different cost (greater or lesser) from other sources. . (C) Clear disclosure of variable compensation For purposes of subparagraph (B)(ii), variable compensation is clearly disclosed if notification is provided at any time prior to a transaction based on the person’s recommendation, in a manner calculated to be understood by the average individual, of the following: (i) A notice in writing, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, that the person providing the recommendation (or its affiliate) may receive varying amounts of fees or other compensation with respect to such transaction. (ii) A description of any fee or other compensation that is directly payable to the person (or its affiliate) from the advice recipient with respect to such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate or range of such compensation). (iii) A description of the types and ranges of any indirect compensation that may be paid to the person (or its affiliate) by any third party in connection with such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate of such ranges of compensation). (iv) Upon request of the advice recipient, a disclosure of the specific amounts of compensation described in clause (iii) that the person will receive in connection with the particular transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate of such compensation). (D) Definition of Affiliate For purposes of this paragraph, the term affiliate has the meaning given in subsection (f)(8)(J)(ii). (E) Correction of certain errors and omissions A recommendation shall not fail to be a best interest recommendation solely because a person who, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the information specified in subparagraph (B), if the person discloses the correct information to the advice recipient as soon as practicable but not later than 30 days from the date on which the person knows of such error or omission. . (3) Failures relating to best interest recommendation (A) Correction Section 4975(f)(5) of such Code is amended— (i) by striking (5) Correction.— The terms and inserting: (5) Correction (A) In general Except as provided in subparagraph (B), the terms , and (ii) by adding at the end the following: (B) Determination of correction and correct with respect to best interest advice recommendations In the case of a prohibited advice transaction arising by the failure of investment advice to be a best interest recommendation, the terms correction and correct mean the payment to, or reimbursement of, actual damages of the plan, plan participants, or plan beneficiaries resulting directly from the plan’s, plan participant’s, or plan beneficiary’s reliance on such investment advice, if any, that have not otherwise been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to subparagraph (A). . (B) Amount involved for purposes of excise tax The first sentence of section 4975(f)(4) of such Code is amended by striking excess compensation. and inserting excess compensation, and in the case of a prohibited transaction arising by the failure of investment advice to be a best interest recommendation, the amount involved shall be the amount paid to the person providing the advice (or its affiliate, as defined in paragraph (8)(J)(ii)) that has not been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to paragraph (5). . (4) Exemption relating to investment advice with respect to certain fee arrangements Section 4975(d) of such Code (as amended by paragraph (1)) is amended by striking or at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting , or , and by adding after paragraph (24) the following: (25) any transaction, including a contract for service, between a person providing investment advice described in subsection (e)(3)(B) and the advice recipient in connection with such investment advice, if— (A) no more than reasonable compensation is paid (as determined under section 4975(d)(2)) for such investment advice, (B) in a case in which the investment advice is based on a limited range of investment options (which may consist, in whole or in part, of proprietary products), such limitations, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources), shall be clearly disclosed to the advice recipient prior to any transaction based on the investment advice, (C) in a case in which the investment advice may result in variable compensation to the person providing the investment advice (or any affiliate of such person), the receipt of such compensation, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, shall be clearly disclosed to the advice recipient (within the meaning of subsection (e)(11)(C)), and (D) in any case in which a person who, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the information specified in subparagraphs (B) or (C), the person discloses the correct information to the advice recipient as soon as practicable but not later than 30 days from the date on which the person knows of such error or omission. . (b) Effective date (1) Modification of certain rules, and rules and administrative positions promulgated before enactment but not effective on January 1, 2015, prohibited The Department of Labor is prohibited from amending any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 (including Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1) and Department of Labor Advisory Opinion 2005–23A), and no such rule or administrative position promulgated by the Department of Labor prior to the date of the enactment of this Act but not effective on January 1, 2015, may become effective unless a bill or joint resolution referred to in paragraph (3) is enacted as described in such paragraph not later than 60 days after the date of the enactment of this Act. (2) General effective date of amendments Except as provided in paragraph (3), the amendments made by subsection (a) of this section shall take effect on the 61st day after the date of the enactment of this Act and shall apply with respect to information provided or recommendations made on or after 2 years after the date of the enactment of this Act. (3) Exception If a bill or joint resolution is enacted prior to the 61st day after the date of the enactment of this Act that specifically approves any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 that is not in effect on January 1, 2015, the amendments made by subsection (a) of this section shall not take effect. (c) Grandfathered transactions and services The amendments made by subsection (a) shall not apply to any service or transaction rendered, entered into, or for which a person has been compensated prior to the date on which the amendments made by subsection (a) of this Act become effective under subsection (b)(2). (d) Transition If the amendments made by subsection (a) of this section take effect, then nothing in this section shall be construed to prohibit the issuance of guidance to carry out such amendments so long as such guidance is necessary to implement such amendments. Until such time as regulations or other guidance are issued to carry out such amendments, a plan and a fiduciary shall be treated as meeting the requirements of such amendments if the plan or fiduciary, as the case may be, makes a good faith effort to comply with such requirements.

tv_txt: IB Union Calendar No. 392 114th CONGRESS 2d Session H. R. 4294 [Report No. 114–512, Parts I and II] IN THE HOUSE OF REPRESENTATIVES December 18, 2015 Mr. Roskam (for himself, Mr. Neal , Mr. Roe of Tennessee , Mr. Larson of Connecticut , Mr. Reed , and Ms. Michelle Lujan Grisham of New Mexico ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned April 20, 2016 Additional sponsors: Mr. David Scott of Georgia , Mr. Carter of Georgia , Mr. Young of Indiana , Mr. Byrne , Mr. Boustany , Mr. Wilson of South Carolina , Mr. Clay , Mr. Holding , Mr. Renacci , Ms. Jenkins of Kansas , Mr. MacArthur , Mrs. Walorski , Mr. Paulsen , Mr. Ashford , Mr. Zinke , Mr. Duncan of Tennessee , Mr. Tiberi , Mr. Meehan , Mr. Nunes , Mr. Reichert , Mr. Gibbs , Mr. Guthrie , Mr. Thompson of Pennsylvania , Mr. Bishop of Michigan , Mr. Marchant , Mr. Barletta , Mr. Allen , Mr. Cramer , Mr. Olson , Mr. Latta , Mr. Sessions , Mr. Amodei , and Mr. Gohmert April 20, 2016 Reported from the Committee on Ways and Means with an amendment Strike out all after the enacting clause and insert the part printed in italic April 20, 2016 Reported from the Committee on Education and the Workforce with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in boldface roman For text of introduced bill, see copy of bill as introduced on December 18, 2015 A BILL To amend the Internal Revenue Code of 1986 to ensure that retirement investors receive advice in their best interests, and for other purposes.

1. Short title This Act may be cited as the Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015 . 2. Purpose The purpose of this Act is to provide that advisors who— (1) provide advice that is impermissible under the prohibited transaction provisions under section 4975 of the Internal Revenue Code of 1986, or (2) breach the best interest standard for the provision of investment advice, are subject to liability under the Internal Revenue Code of 1986. 3. Rules relating to the provision of investment advice (a) Amendments to the Internal Revenue Code of 1986 (1) Exemption for investment advice which is best interest recommendation Section 4975(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting , or , and by inserting after paragraph (23) the following: (24) provision of investment advice by a fiduciary to a plan, plan participant, or beneficiary with respect to the plan, which is a best interest recommendation or a transaction connected to such advice. . (2) Investment advice; best interest recommendation Section 4975(e) of such Code is amended by adding at the end the following: (10) Investment advice (A) In general For purposes of this section, the term investment advice means a recommendation that— (i) relates to— (I) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation whether to take a distribution of benefits from such plan or any recommendation relating to the investment of any moneys or other property of such plan to be distributed from such plan; (II) the management of moneys or other property of such plan, including recommendations relating to the management of moneys or other property to be distributed from such plan; or (III) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of the types of advice described in this subclause; and (ii) is rendered pursuant to— (I) a written acknowledgment that the person is a fiduciary with respect to the provision of such recommendation; or (II) a mutual agreement, arrangement, or understanding which may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services, between the person making such recommendation and the plan, plan participant, or beneficiary that such recommendation is individualized to the plan, plan participant, or beneficiary and such plan, plan participant, or beneficiary intends to materially rely on such recommendation in making investment or management decisions with respect to any moneys or other property of such plan. (B) Disclaimer of a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), any disclaimer of a mutual agreement, arrangement, or understanding shall only state the following: This information is not individualized to you, and you are not intended to materially rely on this information in making investment or management decisions. . Such disclaimer shall not be effective unless such disclaimer is in writing and is communicated in a clear and prominent manner and an objective person would reasonably conclude that, based on all the facts and circumstances, there was not a mutual agreement, arrangement, or understanding. (C) When recommendation treated as made pursuant to a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), information shall not be treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding, and such information shall contain the disclaimer required by subparagraph (B), if— (i) Seller’s exception The information is provided in conjunction with full and fair disclosure in writing to a plan, plan participant, or beneficiary that the person providing the information is doing so in its marketing or sales capacity, including any information regarding the terms and conditions of the engagement of the person providing the information, and that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan or under the obligations of a best interest recommendation. (ii) Swap and security-based swap transaction The person providing the information is a counterparty or service provider to the plan in connection with any transaction based on the information (including a service arrangement, sale, purchase, loan, bilateral contract, swap (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), or security-based swap (as defined in section 3(a) of the Securities Exchange Act ( 15 U.S.C. 78c(a) ))), but only if— (I) the plan is represented, in connection with such transaction, by a plan fiduciary that is independent of the person providing the information, and, except in the case of a swap or security-based swap, independent of the plan sponsor; and (II) prior to entering into such transaction, the independent plan fiduciary represents in writing to the person providing the information that it is aware that the person has a financial interest in the transaction and that it has determined that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan, plan participants, or plan beneficiaries. (iii) Employees of a plan sponsor The person providing the information is an employee of any sponsoring employer or employee organization who provides the information to the plan for no fee or other compensation other than the employee’s normal compensation. (iv) Platform providers selection and monitoring assistance The person providing the information discloses in writing to the plan fiduciary that the person is not undertaking to provide investment advice as a fiduciary (within the meaning of this paragraph) or under the obligations of a best interest recommendation and the information consists solely of— (I) making available to the plan, plan participants, or plan beneficiaries, without regard to the individualized needs of the plan, plan participants, or plan beneficiaries, securities or other property through a platform or similar mechanism from which a plan fiduciary may select or monitor investment alternatives, including qualified default investment alternatives, into which plan participants or beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts, or (II) in connection with a platform or similar mechanism described in subclause (I)— (aa) identifying investment alternatives that meet objective criteria specified by the plan, such as criteria concerning expense ratios, fund sizes, types of asset, or credit quality, or (bb) providing objective financial data and comparisons with independent benchmarks to the plan. (v) Valuation The information consists solely of valuation information. (vi) Financial education The information consists solely of— (I) information described in Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1, as in effect on January 1, 2015), regardless of whether such education is provided to a plan or plan fiduciary or a participant or beneficiary, (II) information provided to participants or beneficiaries regarding the factors to consider in deciding whether to elect to receive a distribution from a plan and whether to roll over such distribution to a plan, so long as any examples of different distribution alternatives are accompanied by all material facts and assumptions on which the examples are based, or (III) any additional information treated as education by the Secretary. (11) Best interest recommendation For purposes of this subsection— (A) In general The term best interest recommendation means a recommendation— (i) for which no more than reasonable compensation is paid (as determined under subsection (d)(2)), (ii) provided by a person acting with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person would exercise based on— (I) the information obtained through the reasonable diligence of the person regarding factors such as the advice recipient’s age, and (II) any other information that the advice recipient discloses to the person in connection with receiving such recommendation, and (iii) where the person places the interests of the plan or advice recipient above its own. (B) Investment options; variable compensation A best interest recommendation may include a recommendation that— (i) is based on a limited range of investment options (which may consist, in whole or in part, of proprietary products), but only if any such limitations shall be clearly disclosed to the advice recipient prior to any transaction based on the investment advice in the form of a notice that only states the following: This recommendation is based on a limited range of investment options, and the same or similar investments may be available at a different cost (greater or lesser) from other sources. , or (ii) may result in variable compensation to the person providing the recommendation (or any affiliate of such person), but only if the receipt of such compensation shall be clearly disclosed to the advice recipient prior to any transaction based on the investment advice. (C) Clear disclosure of variable compensation For purposes of this paragraph, clear disclosure of variable compensation shall include, in a manner calculated to be understood by the average individual, each of the following: (i) A notice that states only the following: This recommendation may result in varying amounts of fees or other compensation to the person providing the recommendation (or its affiliate), and the same or similar investments may be available at a different cost (greater or lesser) from other sources. . Any regulations or administrative guidance implementing this clause may not require this notice to be updated more than annually. (ii) A description of any fee or other compensation that is directly or indirectly payable to the person (or its affiliate) by the advice recipient with respect to such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate or range of such compensation). (iii) A description of the types and ranges of any compensation that may be directly or indirectly payable to the person (or its affiliate) by any third party in connection with such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate or range of such compensation). (iv) Upon request of the advice recipient, a disclosure of the specific amounts of compensation described in clause (iii) that the person will receive in connection with the particular transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate of such compensation). (D) Definition of Affiliate For purposes of this paragraph, the term affiliate has the meaning given in subsection (f)(8)(J)(ii). (E) Correction of certain errors and omissions A recommendation shall not fail to be a best interest recommendation solely because a person who, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the information specified in subparagraph (B), if the person discloses the correct information to the advice recipient as soon as practicable but not later than 30 days from the date on which the person knows of such error or omission. (F) Special rule Any notice provided pursuant to a requirement under subparagraph (B)(i) or subparagraph (C)(i) shall have no effect on any other notice otherwise required without regard to this title, and shall be provided in addition to, and not in lieu of, any other such notice. . (3) Failures relating to best interest recommendation (A) Correction Section 4975(f)(5) of such Code is amended— (i) by striking (5) Correction.— The terms and inserting: (5) Correction (A) In general Except as provided in subparagraph (B), the terms , and (ii) by adding at the end the following: (B) Determination of correction and correct with respect to best interest advice recommendations In the case of a prohibited transaction arising by the failure of investment advice to be a best interest recommendation, the terms correction and correct mean the payment to, or reimbursement of, actual damages of the plan, plan participants, or plan beneficiaries resulting directly from the plan’s, plan participant’s, or plan beneficiary’s reliance on such investment advice, if any, that have not otherwise been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to subparagraph (A) if such amount is greater than the amount determined under subparagraph (A). . (B) Amount involved for purposes of excise tax The first sentence of section 4975(f)(4) of such Code is amended by striking excess compensation. and inserting excess compensation, and in the case of a prohibited transaction arising by the failure of investment advice to be a best interest recommendation, the amount involved shall be the amount paid to the person providing the advice (or its affiliate, as defined in paragraph (8)(J)(ii)) that has not been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to paragraph (5). . (b) Effective date (1) Modification of certain rules, and rules and administrative positions promulgated before enactment but not effective on January 1, 2015, prohibited The Department of Labor is prohibited from amending any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 (including Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1) and Department of Labor Advisory Opinion 2005–23A), and no such rule or administrative position promulgated by the Department of Labor prior to the date of the enactment of this Act but not effective on January 1, 2015, may become effective unless a bill or joint resolution referred to in paragraph (3) is enacted as described in such paragraph not later than 60 days after the date of the enactment of this Act. (2) General effective date of amendments Except as provided in paragraph (3), the amendments made by subsection (a) of this section shall take effect on the 61st day after the date of the enactment of this Act and shall apply with respect to information provided or recommendations made on or after 2 years after the date of the enactment of this Act. (3) Exception If a bill or joint resolution is enacted prior to the 61st day after the date of the enactment of this Act that specifically approves any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Income Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 that is not in effect on January 1, 2015, the amendments made by subsection (a) of this section shall not take effect. (c) Grandfathered transactions and services The amendments made by subsection (a) shall not apply to any service or transaction rendered, entered into, or for which a person has been compensated prior to the date on which the amendments made by subsection (a) of this Act become effective under subsection (b)(2). (d) Transition If the amendments made by subsection (a) of this section take effect, then nothing in this section shall be construed to prohibit the issuance of guidance to carry out such amendments so long as such guidance is necessary to implement such amendments. Until such time as regulations or other guidance is issued to carry out such amendments, a plan or a fiduciary shall be treated as meeting the requirements of such amendments if the plan or fiduciary, as the case may be, complies with a reasonable good faith interpretation of such amendments.

1. Short title This Act may be cited as the Strengthening Access to Valuable Education and Retirement Support Act of 2015 or the SAVERS Act of 2015 . 2. Purpose The purpose of this Act is to provide that advisors who— (1) provide advice that is impermissible under the prohibited transaction provisions under section 4975 of the Internal Revenue Code of 1986, or (2) breach the best interest standard for the provision of investment advice, are subject to liability under the Internal Revenue Code of 1986. 3. Rules relating to the provision of investment advice (a) Amendments to the Internal Revenue Code of 1986 (1) Exemption for investment advice which is best interest recommendation Section 4975(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting , or , and by inserting after paragraph (23) the following: (24) provision of investment advice by a fiduciary to a plan, plan participant, or beneficiary with respect to the plan, which is a best interest recommendation. . (2) Investment advice; best interest recommendation Section 4975(e) of such Code is amended by adding at the end the following: (10) Investment advice (A) In general For purposes of this section, the term investment advice means a recommendation that— (i) relates to— (I) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, plan participants, or plan beneficiaries, including any recommendation whether to take a distribution of benefits from such plan or any recommendation relating to the investment of any moneys or other property of such plan to be rolled over or otherwise distributed from such plan; (II) the management of moneys or other property of such plan, including recommendations relating to the management of moneys or other property to be rolled over or otherwise distributed from such plan; or (III) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing any of the types of advice described in this subclause; and (ii) is rendered pursuant to— (I) a written acknowledgment that the person is a fiduciary with respect to the provision of such recommendation; or (II) a mutual agreement, arrangement, or understanding which may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services, between the person making such recommendation and the plan, plan participant, or beneficiary that such recommendation is individualized to the plan, plan participant, or beneficiary and such plan, plan participant, or beneficiary intends to materially rely on such recommendation in making investment or management decisions with respect to any moneys or other property of such plan. (B) Disclaimer of a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), any disclaimer of a mutual agreement, arrangement, or understanding shall only state the following: This information is not individualized to you, and there is no intent for you to materially rely on this information in making investment or management decisions. . Such disclaimer shall not be effective unless such disclaimer is in writing and is communicated in a clear and prominent manner and an objective person would reasonably conclude that, based on all the facts and circumstances, there was not a mutual agreement, arrangement, or understanding. (C) When recommendation treated as made pursuant to a mutual agreement, arrangement, or understanding For purposes of subparagraph (A)(ii)(II), information shall not be treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding, and such information shall contain the disclaimer required by subparagraph (B), if— (i) Seller’s exception The information is provided in conjunction with full and fair disclosure in writing to a plan, plan participant, or beneficiary that the person providing the information is doing so in its marketing or sales capacity, including any information regarding the terms and conditions of the engagement of the person providing the information, and that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan or under the obligations of a best interest recommendation. (ii) Swap and security-based swap transaction The person providing the information is a counterparty or service provider to the plan in connection with any transaction based on the information (including a service arrangement, sale, purchase, loan, bilateral contract, swap (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )), or security-based swap (as defined in section 3(a) of the Securities Exchange Act ( 15 U.S.C. 78c(a) ))), but only if— (I) the plan is represented, in connection with such transaction, by a plan fiduciary who is independent of the person providing the information, and, except in the case of a swap or security-based swap, independent of the plan sponsor; and (II) prior to entering into such transaction, the independent plan fiduciary represents in writing to the person providing the information that it is aware that the person has a financial interest in the transaction and that it has determined that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan, plan participants, or plan beneficiaries. (iii) Employees of a plan sponsor The person providing the information is an employee of any sponsoring employer or employee organization who provides the information to the plan for no fee or other compensation other than the employee’s normal compensation. (iv) Platform providers selection and monitoring assistance The person providing the information discloses in writing to the plan fiduciary that the person is not undertaking to provide investment advice as a fiduciary (within the meaning of this paragraph) or under the obligations of a best interest recommendation and the information consists solely of— (I) making available to the plan, plan participants, or plan beneficiaries, without regard to the individualized needs of the plan, plan participants, or plan beneficiaries, securities or other property through a platform or similar mechanism from which a plan fiduciary may select or monitor investment alternatives, including qualified default investment alternatives, into which plan participants or beneficiaries may direct the investment of assets held in, or contributed to, their individual accounts, or (II) in connection with a platform or similar mechanism described in subclause (I)— (aa) identifying investment alternatives that meet objective criteria specified by the plan, such as criteria concerning expense ratios, fund sizes, types of asset, or credit quality, or (bb) providing objective financial data and comparisons with independent benchmarks to the plan. (v) Valuation The information consists solely of valuation information. (vi) Financial education The information consists solely of— (I) information described in Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1, as in effect on January 1, 2015), regardless of whether such education is provided to a plan or plan fiduciary or a participant or beneficiary, (II) information provided to participants or beneficiaries regarding the factors to consider in deciding whether to elect to receive a distribution from a plan and whether to roll over such distribution to a plan, so long as any examples of different distribution and rollover alternatives are accompanied by all material facts and assumptions on which the examples are based, or (III) any additional information treated as education by the Secretary. (11) Best interest recommendation For purposes of this subsection— (A) In general The term best interest recommendation means a recommendation— (i) for which no more than reasonable compensation is paid (as determined under subsection (d)(2)), (ii) provided by a person acting with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person would exercise based on— (I) the information obtained through the reasonable diligence of the person regarding factors such as the advice recipient’s age, and (II) any other information that the advice recipient discloses to the person in connection with receiving such recommendation, and (iii) where the person places the interests of the plan or advice recipient above its own. (B) Investment options; variable compensation A best interest recommendation may include a recommendation that— (i) is based on a limited range of investment options (which may consist, in whole or in part, of proprietary products), but only if any such limitations, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, are clearly disclosed to the advice recipient prior to any transaction based on the recommendation, or (ii) may result in variable compensation to the person providing the recommendation (or any affiliate of such person), but only if the receipt of such compensation, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, is clearly disclosed to the advice recipient prior to any transaction based on the recommendation. The notices provided pursuant to clauses (i) and (ii) shall only state the following: The same or similar investments may be available at a different cost (greater or lesser) from other sources. . (C) Clear disclosure of variable compensation For purposes of subparagraph (B)(ii), variable compensation is clearly disclosed if notification is provided at any time prior to a transaction based on the person’s recommendation, in a manner calculated to be understood by the average individual, of the following: (i) A notice in writing, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, that the person providing the recommendation (or its affiliate) may receive varying amounts of fees or other compensation with respect to such transaction. (ii) A description of any fee or other compensation that is directly payable to the person (or its affiliate) from the advice recipient with respect to such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate or range of such compensation). (iii) A description of the types and ranges of any indirect compensation that may be paid to the person (or its affiliate) by any third party in connection with such transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate of such ranges of compensation). (iv) Upon request of the advice recipient, a disclosure of the specific amounts of compensation described in clause (iii) that the person will receive in connection with the particular transaction (expressed as an amount, formula, percentage of assets, per capita charge, or estimate of such compensation). (D) Definition of Affiliate For purposes of this paragraph, the term affiliate has the meaning given in subsection (f)(8)(J)(ii). (E) Correction of certain errors and omissions A recommendation shall not fail to be a best interest recommendation solely because a person who, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the information specified in subparagraph (B), if the person discloses the correct information to the advice recipient as soon as practicable but not later than 30 days from the date on which the person knows of such error or omission. . (3) Failures relating to best interest recommendation (A) Correction Section 4975(f)(5) of such Code is amended— (i) by striking (5) Correction.— The terms and inserting: (5) Correction (A) In general Except as provided in subparagraph (B), the terms , and (ii) by adding at the end the following: (B) Determination of correction and correct with respect to best interest advice recommendations In the case of a prohibited advice transaction arising by the failure of investment advice to be a best interest recommendation, the terms correction and correct mean the payment to, or reimbursement of, actual damages of the plan, plan participants, or plan beneficiaries resulting directly from the plan’s, plan participant’s, or plan beneficiary’s reliance on such investment advice, if any, that have not otherwise been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to subparagraph (A). . (B) Amount involved for purposes of excise tax The first sentence of section 4975(f)(4) of such Code is amended by striking excess compensation. and inserting excess compensation, and in the case of a prohibited transaction arising by the failure of investment advice to be a best interest recommendation, the amount involved shall be the amount paid to the person providing the advice (or its affiliate, as defined in paragraph (8)(J)(ii)) that has not been paid or reimbursed to the plan, plan participants, or plan beneficiaries, including payments and reimbursements made pursuant to paragraph (5). . (4) Exemption relating to investment advice with respect to certain fee arrangements Section 4975(d) of such Code (as amended by paragraph (1)) is amended by striking or at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting , or , and by adding after paragraph (24) the following: (25) any transaction, including a contract for service, between a person providing investment advice described in subsection (e)(3)(B) and the advice recipient in connection with such investment advice, if— (A) no more than reasonable compensation is paid (as determined under section 4975(d)(2)) for such investment advice, (B) in a case in which the investment advice is based on a limited range of investment options (which may consist, in whole or in part, of proprietary products), such limitations, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources), shall be clearly disclosed to the advice recipient prior to any transaction based on the investment advice, (C) in a case in which the investment advice may result in variable compensation to the person providing the investment advice (or any affiliate of such person), the receipt of such compensation, including a clearly-stated notice that the same or similar investments may be available at a different cost (greater or lesser) from other sources, shall be clearly disclosed to the advice recipient (within the meaning of subsection (e)(11)(C)), and (D) in any case in which a person who, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the information specified in subparagraphs (B) or (C), the person discloses the correct information to the advice recipient as soon as practicable but not later than 30 days from the date on which the person knows of such error or omission. . (b) Effective date (1) Modification of certain rules, and rules and administrative positions promulgated before enactment but not effective on January 1, 2015, prohibited The Department of Labor is prohibited from amending any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Income Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 (including Department of Labor Interpretive Bulletin 96–1 (29 C.F.R. 2509.96–1) and Department of Labor Advisory Opinion 2005–23A), and no such rule or administrative position promulgated by the Department of Labor prior to the date of the enactment of this Act but not effective on January 1, 2015, may become effective unless a bill or joint resolution referred to in paragraph (3) is enacted as described in such paragraph not later than 60 days after the date of the enactment of this Act. (2) General effective date of amendments Except as provided in paragraph (3), the amendments made by subsection (a) of this section shall take effect on the 61st day after the date of the enactment of this Act and shall apply with respect to information provided or recommendations made on or after 2 years after the date of the enactment of this Act. (3) Exception If a bill or joint resolution is enacted prior to the 61st day after the date of the enactment of this Act that specifically approves any rules or administrative positions promulgated under section 3(21) of the Employee Retirement Security Act of 1974 and section 4975(e)(3) of the Internal Revenue Code of 1986 that is not in effect on January 1, 2015, the amendments made by subsection (a) of this section shall not take effect. (c) Grandfathered transactions and services The amendments made by subsection (a) shall not apply to any service or transaction rendered, entered into, or for which a person has been compensated prior to the date on which the amendments made by subsection (a) of this Act become effective under subsection (b)(2). (d) Transition If the amendments made by subsection (a) of this section take effect, then nothing in this section shall be construed to prohibit the issuance of guidance to carry out such amendments so long as such guidance is necessary to implement such amendments. Until such time as regulations or other guidance are issued to carry out such amendments, a plan and a fiduciary shall be treated as meeting the requirements of such amendments if the plan or fiduciary, as the case may be, makes a good faith effort to comply with such requirements.

April 20, 2016 Reported from the Committee on Ways and Means with an amendment April 20, 2016 Reported from the Committee on Education and the Workforce with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed