H4124 CONGRESSIONAL RECORD — HOUSE May 23, 2019 seems to be ending, society counts on cifically for his passion and commit- would like to congratulate the stu- EMS personnel to be there. They are ment to God, his family, and for edu- dents of Haverford High School for re- expected to work hard and be strong, cating the young people of our commu- ceiving the Governor’s Civic Engage- especially in times of trouble. nity. ment Award. This award is given to Madam Speaker, as a former EMT It should come as no surprise that Pennsylvania high schools that reg- rescue technician and firefighter with Lee was a beloved elementary and mid- ister over 85 percent of their eligible more than three decades of experience dle school teacher and then went on to students to vote. Haverford High was 1 being on the front lines with my fellow be my principal at Central Middle of 4 Philadelphia area schools and 1 of EMS professionals, I can personally at- School in Oroville, California, for 54 23 schools in our Commonwealth to re- test to their dedication to saving lives. years of career. Lee was known to be ceive this noteworthy award. The job of an EMS professional is not kind, with a sense of humor, and this At a time when some States are im- easy. It requires just as much compas- was one principal I was never really in posing restrictions on voting, we sion as it does courage. These men and trouble with. should all follow the lead set by the women are committed to making the Lee was devoted to teaching, but also students at Haverford High. They world better. devoted to his loving wife, Hazel, whom worked to educate their peers and EMS Week brings together local he married in 1948 and remained with bring them into the electoral process. communities and medical personnel to for 72 years until his passing. This Congress should do the same. honor the dedication of those who are Lee was a man of extreme dedication We need to ensure that our schools on the front line providing day-to-day and commitment to his wife, to his give students a thorough civics edu- lifesaving services. country, and to learning for the chil- cation so that they have the knowledge A thank-you to the EMTs, para- dren of his community. Of course, we and tools necessary to fully participate medics, dispatchers, and supervisors can all learn from that, as well. in our democracy. We need to expand across the country. Every American is Madam Speaker, God bless Lee voting rights and access to the ballot, grateful for their service. Jernigan and his family. as we are doing with passage of bills f f like H.R. 1 and H.R. 4. Again, Madam Speaker, I want to SUPPORTING OUR NATION’S HELPING FAMILIES ACHIEVE congratulate the students of Haverford VETERANS LIFETIME FINANCIAL SECURITY (Mr. HORSFORD asked and was High School for their outstanding (Mrs. MCBATH asked and was given given permission to address the House achievement and for being an example permission to address the House for 1 for all of us to follow. minute and to revise and extend her re- for 1 minute and to revise and extend f marks.) his remarks.) Mr. HORSFORD. Madam Speaker, I Mrs. MCBATH. Madam Speaker, SETTING EVERY COMMUNITY UP rise today to join my colleagues in sup- today I am introducing the Honoring FOR RETIREMENT ENHANCE- port of the SECURE Act, a bill that American Veterans in Extreme Need, MENT ACT OF 2019 gets to the heart of our retirement in- or HAVEN, Act, with my colleague come crisis. Mr. NEAL. Madam Speaker, pursuant GREG STEUBE of Florida. Unfortunately, too many of my con- to House Resolution 389, I call up the Under current law, when a veteran stituents are in danger of not having bill (H.R. 1994) to amend the Internal files for bankruptcy, his or her dis- enough money to put away for retire- Revenue Code of 1986 to encourage re- ability benefits from the VA or DOD ment. In fact, 86 percent of Nevadans tirement savings, and for other pur- count as income that is subject to the do not feel financially prepared for re- poses, and ask for its immediate con- reach of creditors; however, Social Se- tirement, and most older Nevadans sideration in the House. curity disability benefits are exempt. wished they had saved more money. The Clerk read the title of the bill. The HAVEN Act would amend bank- Fortunately, the SECURE Act will The SPEAKER pro tempore. Pursu- ruptcy law to exclude disability benefit make it easier for Nevadans to save for ant to House Resolution 389, the payments paid from the VA or DOD their retirement. It makes it easier for amendment in the nature of a sub- from that monthly income calculation, small businesses to offer retirement stitute recommended by the Com- treating it the same as Social Security plans to their employees, allows part- mittee on Ways and Means, modified disability. time workers to participate in 401(k) by the amendment printed in part B of Our disabled veterans earned their plans, and provides relief to pension House Report 116–79, is adopted, and benefits by serving our great Nation, plans, ranging from rural co-ops to or- the bill, as amended, is considered and we must protect them and their ganizations like the Jewish Federation read. families, especially during financial of America. The text of the bill, as amended, is as hardship. I am also proud to share that this follows: I encourage my colleagues to support legislation includes my bill, H.R. 2806, H.R. 1994 our Nation’s veterans and cosponsor which fixes a provision in the flawed Be it enacted by the Senate and House of Rep- this bipartisan legislation. Republican tax plan that raised the tax resentatives of the United States of America in f rate for scholarship and fellowship stu- Congress assembled, HONORING LEE JERNIGAN dents up to 37 percent. SECTION 1. SHORT TITLE, ETC. As a member of the Ways and Means (a) SHORT TITLE.—This Act may be cited as (Mr. LAMALFA asked and was given Committee, I would like to thank the ‘‘Setting Every Community Up for Retire- permission to address the House for 1 Chairman NEAL for his leadership in ment Enhancement Act of 2019’’. minute and to revise and extend his re- getting this bipartisan bill passed (b) TABLE OF CONTENTS.—The table of con- marks.) unanimously through our committee. tents of this Act is as follows: Mr. LAMALFA. Madam Speaker, I The SECURE Act will help families Sec. 1. Short title, etc. rise today to recognize the life and achieve lifetime financial security, a TITLE I—EXPANDING AND PRESERVING honor the passage of one of my great core of the American Dream. I urge RETIREMENT SAVINGS constituents, Lee Jernigan of Oroville, every Member of this body to support Sec. 101. Multiple employer plans; pooled em- California. its passage. ployer plans. During Lee’s lifetime, he had joined Sec. 102. Increase in 10 percent cap for auto- f the U.S. Army Air Corps in 1943 and matic enrollment safe harbor after served as an aerial gunner and airplane CONGRATULATING HAVERFORD 1st plan year. mechanic on a B–17 during World War HIGH SCHOOL STUDENTS Sec. 103. Rules relating to election of safe har- II, where he flew 23 missions in the bor 401(k) status. (Ms. SCANLON asked and was given Sec. 104. Increase in credit limitation for small Asian Pacific. permission to address the House for 1 employer pension plan startup Lee graduated from Chico State in minute.) costs. 1950 and received his master’s degree in Ms. SCANLON. Madam Speaker, we Sec. 105. Small employer automatic enrollment 1959 in education. Lee was known spe- all know that elections matter, so I credit.

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Sec. 106. Certain taxable non-tuition fellowship subsection (c) thereof), whichever is applicable, ‘‘(B) AUDITS, EXAMINATIONS AND INVESTIGA- and stipend payments treated as merely because one or more employers of em- TIONS.—The Secretary may perform audits, ex- compensation for IRA purposes. ployees covered by the plan fail to take such ac- aminations, and investigations of pooled plan Sec. 107. Repeal of maximum age for traditional tions as are required of such employers for the providers as may be necessary to enforce and IRA contributions. plan to meet such requirements. carry out the purposes of this subsection. Sec. 108. Qualified employer plans prohibited ‘‘(2) LIMITATIONS.— ‘‘(C) AGGREGATION RULES.—For purposes of from making loans through credit ‘‘(A) IN GENERAL.—Paragraph (1) shall not this paragraph, in determining whether a per- cards and other similar arrange- apply to any plan unless the terms of the plan son meets the requirements of this paragraph to ments. provide that in the case of any employer in the be a pooled plan provider with respect to any Sec. 109. Portability of lifetime income options. plan failing to take the actions described in plan, all persons who perform services for the Sec. 110. Treatment of custodial accounts on paragraph (1)— plan and who are treated as a single employer termination of section 403(b) ‘‘(i) the assets of the plan attributable to em- under subsection (b), (c), (m), or (o) of section plans. ployees of such employer (or beneficiaries of 414 shall be treated as one person. Sec. 111. Clarification of retirement income ac- such employees) will be transferred to a plan ‘‘(D) TREATMENT OF EMPLOYERS AS PLAN maintained only by such employer (or its suc- count rules relating to church- SPONSORS.—Except with respect to the adminis- cessor), to an eligible retirement plan as defined controlled organizations. trative duties of the pooled plan provider de- in section 402(c)(8)(B) for each individual whose Sec. 112. Qualified cash or deferred arrange- scribed in subparagraph (A)(i), each employer in account is transferred, or to any other arrange- ments must allow long-term em- a plan which has a pooled plan provider shall ment that the Secretary determines is appro- ployees working more than 500 be treated as the plan sponsor with respect to priate, unless the Secretary determines it is in but less than 1,000 hours per year the portion of the plan attributable to employees the best interests of the employees of such em- to participate. of such employer (or beneficiaries of such em- ployer (and the beneficiaries of such employees) Sec. 113. Penalty-free withdrawals from retire- ployees). to retain the assets in the plan, and ‘‘(4) GUIDANCE.— ment plans for individuals in case ‘‘(ii) such employer (and not the plan with re- ‘‘(A) IN GENERAL.—The Secretary shall issue of birth of child or adoption. spect to which the failure occurred or any other Sec. 114. Increase in age for required beginning such guidance as the Secretary determines ap- employer in such plan) shall, except to the ex- propriate to carry out this subsection, including date for mandatory distributions. tent provided by the Secretary, be liable for any Sec. 115. Special rules for minimum funding guidance— liabilities with respect to such plan attributable ‘‘(i) to identify the administrative duties and standards for community news- to employees of such employer (or beneficiaries paper plans. other actions required to be performed by a of such employees). pooled plan provider under this subsection, Sec. 116. Treating excluded difficulty of care AILURES BY POOLED PLAN PROVIDERS.— ‘‘(B) F ‘‘(ii) which describes the procedures to be payments as compensation for de- If the pooled plan provider of a plan described taken to terminate a plan which fails to meet termining retirement contribution in paragraph (1)(B) does not perform substan- the requirements to be a plan described in para- limitations. tially all of the administrative duties which are graph (1), including the proper treatment of, required of the provider under paragraph TITLE II—ADMINISTRATIVE and actions needed to be taken by, any em- (3)(A)(i) for any plan year, the Secretary may IMPROVEMENTS ployer in the plan and the assets and liabilities provide that the determination as to whether Sec. 201. Plan adopted by filing due date for of the plan attributable to employees of such the plan meets the requirements under this title year may be treated as in effect as employer (or beneficiaries of such employees), applicable to a plan described in section 401(a) of close of year. and or to a plan that consists of individual retire- Sec. 202. Combined annual report for group of ‘‘(iii) identifying appropriate cases to which ment accounts described in section 408 (includ- plans. the rules of paragraph (2)(A) will apply to em- ing by reason of subsection (c) thereof), which- Sec. 203. Disclosure regarding lifetime income. ployers in the plan failing to take the actions ever is applicable, shall be made in the same Sec. 204. Fiduciary safe harbor for selection of described in paragraph (1). manner as would be made without regard to lifetime income provider. paragraph (1). The Secretary shall take into account under Sec. 205. Modification of nondiscrimination ‘‘(3) POOLED PLAN PROVIDER.— clause (iii) whether the failure of an employer or rules to protect older, longer serv- ‘‘(A) IN GENERAL.—For purposes of this sub- pooled plan provider to provide any disclosures ice participants. section, the term ‘pooled plan provider’ means, or other information, or to take any other ac- Sec. 206. Modification of PBGC premiums for with respect to any plan, a person who— tion, necessary to administer a plan or to allow CSEC plans. ‘‘(i) is designated by the terms of the plan as a plan to meet requirements applicable to the TITLE III—OTHER BENEFITS a named fiduciary (within the meaning of sec- plan under section 401(a) or 408, whichever is Sec. 301. Benefits provided to volunteer fire- tion 402(a)(2) of the Employee Retirement In- applicable, has continued over a period of time fighters and emergency medical come Security Act of 1974), as the plan adminis- that demonstrates a lack of commitment to com- responders. trator, and as the person responsible to perform pliance. Sec. 302. Expansion of section 529 plans. all administrative duties (including conducting ‘‘(B) GOOD FAITH COMPLIANCE WITH LAW BE- proper testing with respect to the plan and the FORE GUIDANCE.—An employer or pooled plan TITLE IV—REVENUE PROVISIONS employees of each employer in the plan) which provider shall not be treated as failing to meet Sec. 401. Modification of required distribution are reasonably necessary to ensure that— a requirement of guidance issued by the Sec- rules for designated beneficiaries. ‘‘(I) the plan meets any requirement applica- retary under this paragraph if, before the Sec. 402. Increase in penalty for failure to file. ble under the Employee Retirement Income Se- issuance of such guidance, the employer or Sec. 403. Increased penalties for failure to file curity Act of 1974 or this title to a plan de- pooled plan provider complies in good faith with retirement plan returns. scribed in section 401(a) or to a plan that con- a reasonable interpretation of the provisions of Sec. 404. Increase information sharing to ad- sists of individual retirement accounts described this subsection to which such guidance relates. minister excise taxes. in section 408 (including by reason of subsection ‘‘(5) MODEL PLAN.—The Secretary shall pub- TITLE I—EXPANDING AND PRESERVING (c) thereof), whichever is applicable, and lish model plan language which meets the re- RETIREMENT SAVINGS ‘‘(II) each employer in the plan takes such ac- quirements of this subsection and of paragraphs tions as the Secretary or such person determines (43) and (44) of section 3 of the Employee Retire- SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS. are necessary for the plan to meet the require- ment Income Security Act of 1974 and which ments described in subclause (I), including pro- (a) QUALIFICATION REQUIREMENTS.— may be adopted in order for a plan to be treated viding to such person any disclosures or other (1) IN GENERAL.—Section 413 of the Internal as a plan described in paragraph (1)(B).’’. information which the Secretary may require or ONFORMING AMENDMENT.—Section Revenue Code of 1986 is amended by adding at (2) C which such person otherwise determines are 413(c)(2) of such Code is amended by striking the end the following new subsection: necessary to administer the plan or to allow the ‘‘section 401(a)’’ and inserting ‘‘sections 401(a) ‘‘(e) APPLICATION OF QUALIFICATION REQUIRE- plan to meet such requirements, and 408(c)’’. MENTS FOR CERTAIN MULTIPLE EMPLOYER PLANS ‘‘(ii) registers as a pooled plan provider with (3) TECHNICAL AMENDMENT.—Section 408(c) of WITH POOLED PLAN PROVIDERS.— the Secretary, and provides such other informa- such Code is amended by inserting after para- ‘‘(1) IN GENERAL.—Except as provided in para- tion to the Secretary as the Secretary may re- graph (2) the following new paragraph: graph (2), if a defined contribution plan to quire, before beginning operations as a pooled ‘‘(3) There is a separate accounting for any which subsection (c) applies— plan provider, interest of an employee or member (or spouse of ‘‘(A) is maintained by employers which have a ‘‘(iii) acknowledges in writing that such per- an employee or member) in a Roth IRA.’’. common interest other than having adopted the son is a named fiduciary (within the meaning of (b) NO COMMON INTEREST REQUIRED FOR plan, or section 402(a)(2) of the Employee Retirement In- POOLED EMPLOYER PLANS.—Section 3(2) of the ‘‘(B) in the case of a plan not described in come Security Act of 1974), and the plan admin- Employee Retirement Income Security Act of subparagraph (A), has a pooled plan provider, istrator, with respect to the plan, and 1974 (29 U.S.C. 1002(2)) is amended by adding at then the plan shall not be treated as failing to ‘‘(iv) is responsible for ensuring that all per- the end the following: meet the requirements under this title applicable sons who handle assets of, or who are fidu- ‘‘(C) A pooled employer plan shall be treated to a plan described in section 401(a) or to a plan ciaries of, the plan are bonded in accordance as— that consists of individual retirement accounts with section 412 of the Employee Retirement In- ‘‘(i) a single employee pension benefit plan or described in section 408 (including by reason of come Security Act of 1974. single pension plan; and

VerDate Sep 11 2014 02:31 May 24, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 6333 E:\CR\FM\A23MY7.001 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4126 CONGRESSIONAL RECORD — HOUSE May 23, 2019 ‘‘(ii) a plan to which section 210(a) applies.’’. (v) may be provided in electronic form and will employer in such plan) shall, except to the ex- (c) POOLED EMPLOYER PLAN AND PROVIDER be designed to ensure only reasonable costs are tent provided in such guidance, be liable for any DEFINED.— imposed on pooled plan providers and employers liabilities with respect to such plan attributable (1) IN GENERAL.—Section 3 of the Employee in the plan. to employees of such employer (or beneficiaries Retirement Income Security Act of 1974 (29 ‘‘(C) EXCEPTIONS.—The term ‘pooled employer of such employees). U.S.C. 1002) is amended by adding at the end plan’ does not include— The Secretary shall take into account under ‘‘(i) a multiemployer plan; or the following: clause (ii) whether the failure of an employer or ‘‘(ii) a plan established before the date of the ‘‘(43) POOLED EMPLOYER PLAN.— pooled plan provider to provide any disclosures enactment of the Setting Every Community Up ‘‘(A) IN GENERAL.—The term ‘pooled employer or other information, or to take any other ac- for Retirement Enhancement Act of 2019 unless plan’ means a plan— tion, necessary to administer a plan or to allow the plan administrator elects that the plan will ‘‘(i) which is an individual account plan es- a plan to meet requirements described in sub- be treated as a pooled employer plan and the tablished or maintained for the purpose of pro- paragraph (A)(i)(II) has continued over a period plan meets the requirements of this title applica- viding benefits to the employees of 2 or more em- of time that demonstrates a lack of commitment ble to a pooled employer plan established on or ployers; to compliance. The Secretary may waive the re- ‘‘(ii) which is a plan described in section after such date. ‘‘(D) TREATMENT OF EMPLOYERS AS PLAN quirements of subclause (ii)(I) in appropriate 401(a) of the Internal Revenue Code of 1986 circumstances if the Secretary determines it is in which includes a trust exempt from tax under SPONSORS.—Except with respect to the adminis- trative duties of the pooled plan provider de- the best interests of the employees of the em- section 501(a) of such Code or a plan that con- ployer referred to in such clause (and the bene- sists of individual retirement accounts described scribed in paragraph (44)(A)(i), each employer in a pooled employer plan shall be treated as the ficiaries of such employees) to retain the assets in section 408 of such Code (including by reason in the plan with respect to which the employer’s of subsection (c) thereof); and plan sponsor with respect to the portion of the plan attributable to employees of such employer failure occurred. ‘‘(iii) the terms of which meet the requirements ‘‘(D) GOOD FAITH COMPLIANCE WITH LAW BE- of subparagraph (B). (or beneficiaries of such employees). ‘‘(44) POOLED PLAN PROVIDER.— FORE GUIDANCE.—An employer or pooled plan Such term shall not include a plan maintained ‘‘(A) IN GENERAL.—The term ‘pooled plan pro- provider shall not be treated as failing to meet by employers which have a common interest vider’ means a person who— a requirement of guidance issued by the Sec- other than having adopted the plan. ‘‘(i) is designated by the terms of a pooled em- retary under subparagraph (C) if, before the ‘‘(B) REQUIREMENTS FOR PLAN TERMS.—The ployer plan as a named fiduciary, as the plan issuance of such guidance, the employer or requirements of this subparagraph are met with administrator, and as the person responsible for pooled plan provider complies in good faith with respect to any plan if the terms of the plan— the performance of all administrative duties (in- a reasonable interpretation of the provisions of ‘‘(i) designate a pooled plan provider and pro- cluding conducting proper testing with respect this paragraph, or paragraph (43), to which vide that the pooled plan provider is a named fi- to the plan and the employees of each employer such guidance relates. duciary of the plan; in the plan) which are reasonably necessary to ‘‘(E) AGGREGATION RULES.—For purposes of ‘‘(ii) designate one or more trustees meeting ensure that— this paragraph, in determining whether a per- the requirements of section 408(a)(2) of the In- ‘‘(I) the plan meets any requirement applica- son meets the requirements of this paragraph to ternal Revenue Code of 1986 (other than an em- ble under this Act or the Internal Revenue Code be a pooled plan provider with respect to any ployer in the plan) to be responsible for col- of 1986 to a plan described in section 401(a) of plan, all persons who perform services for the lecting contributions to, and holding the assets such Code or to a plan that consists of indi- plan and who are treated as a single employer of, the plan and require such trustees to imple- vidual retirement accounts described in section under subsection (b), (c), (m), or (o) of section ment written contribution collection procedures 408 of such Code (including by reason of sub- 414 of the Internal Revenue Code of 1986 shall that are reasonable, diligent, and systematic; section (c) thereof), whichever is applicable; and be treated as one person.’’. ‘‘(iii) provide that each employer in the plan ‘‘(II) each employer in the plan takes such ac- (2) BONDING REQUIREMENTS FOR POOLED EM- retains fiduciary responsibility for— tions as the Secretary or pooled plan provider PLOYER PLANS.—The last sentence of section ‘‘(I) the selection and monitoring in accord- determines are necessary for the plan to meet 412(a) of the Employee Retirement Income Secu- ance with section 404(a) of the person des- the requirements described in subclause (I), in- rity Act of 1974 (29 U.S.C. 1112(a)) is amended ignated as the pooled plan provider and any cluding providing the disclosures and informa- by inserting ‘‘or in the case of a pooled employer other person who, in addition to the pooled plan tion described in paragraph (43)(B)(v)(II); plan (as defined in section 3(43))’’ after ‘‘section provider, is designated as a named fiduciary of ‘‘(ii) registers as a pooled plan provider with 407(d)(1))’’. the plan; and the Secretary, and provides to the Secretary (3) CONFORMING AND TECHNICAL AMEND- ‘‘(II) to the extent not otherwise delegated to such other information as the Secretary may re- MENTS.—Section 3 of the Employee Retirement another fiduciary by the pooled plan provider quire, before beginning operations as a pooled Income Security Act of 1974 (29 U.S.C. 1002) is and subject to the provisions of section 404(c), plan provider; amended— the investment and management of the portion ‘‘(iii) acknowledges in writing that such per- (A) in paragraph (16)(B)— of the plan’s assets attributable to the employees son is a named fiduciary, and the plan adminis- (i) by striking ‘‘or’’ at the end of clause (ii); of the employer (or beneficiaries of such employ- trator, with respect to the pooled employer plan; and ees); and (ii) by striking the period at the end and in- ‘‘(iv) is responsible for ensuring that all per- ‘‘(iv) provide that employers in the plan, and serting ‘‘, or (iv) in the case of a pooled em- sons who handle assets of, or who are fidu- participants and beneficiaries, are not subject to ployer plan, the pooled plan provider.’’; and ciaries of, the pooled employer plan are bonded unreasonable restrictions, fees, or penalties with (B) by striking the second paragraph (41). in accordance with section 412. regard to ceasing participation, receipt of dis- (d) POOLED EMPLOYER AND MULTIPLE EM- ‘‘(B) AUDITS, EXAMINATIONS AND INVESTIGA- tributions, or otherwise transferring assets of PLOYER PLAN REPORTING.— TIONS.—The Secretary may perform audits, ex- the plan in accordance with section 208 or para- (1) ADDITIONAL INFORMATION.—Section 103 of aminations, and investigations of pooled plan graph (44)(C)(i)(II); the Employee Retirement Income Security Act of providers as may be necessary to enforce and ‘‘(v) require— 1974 (29 U.S.C. 1023) is amended— carry out the purposes of this paragraph and ‘‘(I) the pooled plan provider to provide to em- (A) in subsection (a)(1)(B), by striking ‘‘appli- paragraph (43). ployers in the plan any disclosures or other in- ‘‘(C) GUIDANCE.—The Secretary shall issue cable subsections (d), (e), and (f)’’ and inserting formation which the Secretary may require, in- such guidance as the Secretary determines ap- ‘‘applicable subsections (d), (e), (f), and (g)’’; cluding any disclosures or other information to propriate to carry out this paragraph and para- and facilitate the selection or any monitoring of the graph (43), including guidance— (B) by amending subsection (g) to read as fol- pooled plan provider by employers in the plan; ‘‘(i) to identify the administrative duties and lows: and other actions required to be performed by a ‘‘(g) ADDITIONAL INFORMATION WITH RESPECT ‘‘(II) each employer in the plan to take such pooled plan provider under either such para- TO POOLED EMPLOYER AND MULTIPLE EM- actions as the Secretary or the pooled plan pro- graph; and PLOYER PLANS.—An annual report under this vider determines are necessary to administer the ‘‘(ii) which requires in appropriate cases that section for a plan year shall include— plan or for the plan to meet any requirement ap- if an employer in the plan fails to take the ac- ‘‘(1) with respect to any plan to which section plicable under this Act or the Internal Revenue tions required under subparagraph (A)(i)(II)— 210(a) applies (including a pooled employer Code of 1986 to a plan described in section 401(a) ‘‘(I) the assets of the plan attributable to em- plan), a list of employers in the plan and a good of such Code or to a plan that consists of indi- ployees of such employer (or beneficiaries of faith estimate of the percentage of total con- vidual retirement accounts described in section such employees) are transferred to a plan main- tributions made by such employers during the 408 of such Code (including by reason of sub- tained only by such employer (or its successor), plan year and the aggregate account balances section (c) thereof), whichever is applicable, in- to an eligible retirement plan as defined in sec- attributable to each employer in the plan (deter- cluding providing any disclosures or other infor- tion 402(c)(8)(B) of the Internal Revenue Code mined as the sum of the account balances of the mation which the Secretary may require or of 1986 for each individual whose account is employees of such employer (and the bene- which the pooled plan provider otherwise deter- transferred, or to any other arrangement that ficiaries of such employees)); and mines are necessary to administer the plan or to the Secretary determines is appropriate in such ‘‘(2) with respect to a pooled employer plan, allow the plan to meet such requirements; and guidance; and the identifying information for the person des- ‘‘(vi) provide that any disclosure or other in- ‘‘(II) such employer (and not the plan with re- ignated under the terms of the plan as the formation required to be provided under clause spect to which the failure occurred or any other pooled plan provider.’’.

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(2) SIMPLIFIED ANNUAL REPORTS.—Section ‘‘(iii) 4-PERCENT CONTRIBUTION REQUIRE- ‘‘(2) MAINTENANCE OF ARRANGEMENT.—No tax- 104(a) of the Employee Retirement Income Secu- MENT.—Clause (i)(II) shall not apply to an ar- able year with respect to an employer shall be rity Act of 1974 (29 U.S.C. 1024(a)) is amended rangement unless the amount of the contribu- treated as occurring within the credit period un- by striking paragraph (2)(A) and inserting the tions described in subparagraph (C) which the less the arrangement described in paragraph (1) following: employer is required to make under the arrange- is included in the plan for such year. ‘‘(2)(A) With respect to annual reports re- ment for the plan year with respect to any em- ‘‘(c) ELIGIBLE EMPLOYER.—For purposes of quired to be filed with the Secretary under this ployee is an amount equal to at least 4 percent this section, the term ‘eligible employer’ has the part, the Secretary may by regulation prescribe of the employee’s compensation.’’. meaning given such term in section simplified annual reports for any pension plan (c) AUTOMATIC CONTRIBUTION ARRANGE- 408(p)(2)(C)(i).’’. that— MENTS.—Section 401(k)(13) of the Internal Rev- ‘‘(i) covers fewer than 100 participants; or enue Code of 1986 is amended by adding at the (b) CREDIT TO BE PART OF GENERAL BUSINESS ‘‘(ii) is a plan described in section 210(a) that end the following : CREDIT.—Subsection (b) of section 38 of the In- covers fewer than 1,000 participants, but only if ‘‘(F) TIMING OF PLAN AMENDMENT FOR EM- ternal Revenue Code of 1986 is amended by no single employer in the plan has 100 or more PLOYER MAKING NONELECTIVE CONTRIBUTIONS.— striking ‘‘plus’’ at the end of paragraph (31), by participants covered by the plan.’’. ‘‘(i) IN GENERAL.—Except as provided in striking the period at the end of paragraph (32) (e) EFFECTIVE DATE.— clause (ii), a plan may be amended after the be- and inserting ‘‘, plus’’, and by adding at the (1) IN GENERAL.—The amendments made by ginning of a plan year to provide that the re- end the following new paragraph: this section shall apply to plan years beginning quirements of subparagraph (D)(i)(II) shall ‘‘(33) in the case of an eligible employer (as after December 31, 2020. apply to the arrangement for the plan year, but defined in section 45T(c)), the retirement auto- (2) RULE OF CONSTRUCTION.—Nothing in the only if the amendment is adopted— enrollment credit determined under section amendments made by subsection (a) shall be ‘‘(I) at any time before the 30th day before the 45T(a).’’. construed as limiting the authority of the Sec- close of the plan year, or retary of the Treasury or the Secretary’s dele- ‘‘(II) at any time before the last day under (c) CLERICAL AMENDMENT.—The table of sec- gate (determined without regard to such amend- paragraph (8)(A) for distributing excess con- tions for subpart D of part IV of subchapter A ment) to provide for the proper treatment of a tributions for the plan year. of chapter 1 of the Internal Revenue Code of failure to meet any requirement applicable ‘‘(ii) EXCEPTION WHERE PLAN PROVIDED FOR 1986 is amended by inserting after the item relat- under the Internal Revenue Code of 1986 with MATCHING CONTRIBUTIONS.—Clause (i) shall not ing to section 45S the following new item: respect to one employer (and its employees) in a apply to any plan year if the plan provided at ‘‘Sec. 45T. Auto-enrollment option for retire- multiple employer plan. any time during the plan year that the require- ment savings options provided by SEC. 102. INCREASE IN 10 PERCENT CAP FOR ments of subparagraph (D)(i)(I) or paragraph small employers.’’. AUTOMATIC ENROLLMENT SAFE (12)(B) applied to the plan year. HARBOR AFTER 1ST PLAN YEAR. ‘‘(iii) 4-PERCENT CONTRIBUTION REQUIRE- (d) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Section 401(k)(13)(C)(iii) of MENT.—Clause (i)(II) shall not apply to an ar- by this section shall apply to taxable years be- the Internal Revenue Code of 1986 is amended rangement unless the amount of the contribu- ginning after December 31, 2019. by striking ‘‘does not exceed 10 percent’’ and in- tions described in subparagraph (D)(i)(II) which serting ‘‘does not exceed 15 percent (10 percent the employer is required to make under the ar- SEC. 106. CERTAIN TAXABLE NON-TUITION FEL- LOWSHIP AND STIPEND PAYMENTS during the period described in subclause (I))’’. rangement for the plan year with respect to any TREATED AS COMPENSATION FOR (b) EFFECTIVE DATE.—The amendments made employee is an amount equal to at least 4 per- IRA PURPOSES. by this section shall apply to plan years begin- cent of the employee’s compensation.’’. ning after December 31, 2019. (d) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Paragraph (1) of section SEC. 103. RULES RELATING TO ELECTION OF by this section shall apply to plan years begin- 219(f) of the Internal Revenue Code of 1986 is SAFE HARBOR 401(k) STATUS. ning after December 31, 2019. amended by adding at the end the following: ‘‘The term ‘compensation’ shall include any (a) LIMITATION OF ANNUAL SAFE HARBOR NO- SEC. 104. INCREASE IN CREDIT LIMITATION FOR TICE TO MATCHING CONTRIBUTION PLANS.— SMALL EMPLOYER PENSION PLAN amount which is included in the individual’s (1) IN GENERAL.—Subparagraph (A) of section STARTUP COSTS. gross income and paid to the individual to aid 401(k)(12) of the Internal Revenue Code of 1986 (a) IN GENERAL.—Paragraph (1) of section the individual in the pursuit of graduate or is amended by striking ‘‘if such arrangement’’ 45E(b) of the Internal Revenue Code of 1986 is postdoctoral study.’’. and all that follows and inserting ‘‘if such ar- amended to read as follows: (b) EFFECTIVE DATE.—The amendment made rangement— ‘‘(1) for the first credit year and each of the by this section shall apply to taxable years be- ‘‘(i) meets the contribution requirements of 2 taxable years immediately following the first ginning after December 31, 2019. subparagraph (B) and the notice requirements credit year, the greater of— of subparagraph (D), or ‘‘(A) $500, or SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADI- ‘‘(ii) meets the contribution requirements of ‘‘(B) the lesser of— TIONAL IRA CONTRIBUTIONS. subparagraph (C).’’. ‘‘(i) $250 for each employee of the eligible em- (a) IN GENERAL.—Paragraph (1) of section (2) AUTOMATIC CONTRIBUTION ARRANGE- ployer who is not a highly compensated em- 219(d) of the Internal Revenue Code of 1986 is MENTS.—Subparagraph (B) of section 401(k)(13) ployee (as defined in section 414(q)) and who is repealed. of such Code is amended by striking ‘‘means’’ eligible to participate in the eligible employer (b) COORDINATION WITH QUALIFIED CHARI- and all that follows and inserting ‘‘means a plan maintained by the eligible employer, or TABLE DISTRIBUTIONS.—Add at the end of sec- cash or deferred arrangement— ‘‘(ii) $5,000, and’’. ‘‘(i) which is described in subparagraph (b) EFFECTIVE DATE.—The amendment made tion 408(d)(8)(A) of such Code the following: (D)(i)(I) and meets the applicable requirements by this section shall apply to taxable years be- ‘‘The amount of distributions not includible in of subparagraphs (C) through (E), or ginning after December 31, 2019. gross income by reason of the preceding sen- tence for a taxable year (determined without re- ‘‘(ii) which is described in subparagraph SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLL- (D)(i)(II) and meets the applicable requirements MENT CREDIT. gard to this sentence) shall be reduced (but not of subparagraphs (C) and (D).’’. (a) IN GENERAL.—Subpart D of part IV of sub- below zero) by an amount equal to the excess (b) NONELECTIVE CONTRIBUTIONS.—Section chapter A of chapter 1 of the Internal Revenue of— 401(k)(12) of the Internal Revenue Code of 1986 Code of 1986 is amended by adding at the end ‘‘(i) the aggregate amount of deductions al- is amended by redesignating subparagraph (F) the following new section: lowed to the taxpayer under section 219 for all as subparagraph (G), and by inserting after sub- ‘‘SEC. 45T. AUTO-ENROLLMENT OPTION FOR RE- taxable years ending on or after the date the paragraph (E) the following new subparagraph: TIREMENT SAVINGS OPTIONS PRO- taxpayer attains age 701⁄2, over ‘‘(F) TIMING OF PLAN AMENDMENT FOR EM- VIDED BY SMALL EMPLOYERS. ‘‘(ii) the aggregate amount of reductions PLOYER MAKING NONELECTIVE CONTRIBUTIONS.— ‘‘(a) IN GENERAL.—For purposes of section 38, under this sentence for all taxable years pre- ‘‘(i) IN GENERAL.—Except as provided in in the case of an eligible employer, the retire- ceding the current taxable year.’’. clause (ii), a plan may be amended after the be- ment auto-enrollment credit determined under ginning of a plan year to provide that the re- this section for any taxable year is an amount (b) CONFORMING AMENDMENT.—Subsection (c) quirements of subparagraph (C) shall apply to equal to— of section 408A of the Internal Revenue Code of the arrangement for the plan year, but only if ‘‘(1) $500 for any taxable year occurring dur- 1986 is amended by striking paragraph (4) and the amendment is adopted— ing the credit period, and by redesignating paragraphs (5), (6), and (7) as ‘‘(I) at any time before the 30th day before the ‘‘(2) zero for any other taxable year. paragraphs (4), (5), and (6), respectively. close of the plan year, or ‘‘(b) CREDIT PERIOD.—For purposes of sub- (c) EFFECTIVE DATE.— ‘‘(II) at any time before the last day under section (a)— paragraph (8)(A) for distributing excess con- ‘‘(1) IN GENERAL.—The credit period with re- (1) IN GENERAL.—Except as provided in para- tributions for the plan year. spect to any eligible employer is the 3-taxable- graph (2), the amendments made by this section ‘‘(ii) EXCEPTION WHERE PLAN PROVIDED FOR year period beginning with the first taxable year shall apply to contributions made for taxable MATCHING CONTRIBUTIONS.—Clause (i) shall not for which the employer includes an eligible years beginning after December 31, 2019. apply to any plan year if the plan provided at automatic contribution arrangement (as defined (2) SUBSECTION (b).—The amendment made by any time during the plan year that the require- in section 414(w)(3)) in a qualified employer subsection (b) shall apply to distributions made ments of subparagraph (B) or paragraph plan (as defined in section 4972(d)) sponsored by for taxable years beginning after December 31, (13)(D)(i)(I) applied to the plan year. the employer. 2019.

VerDate Sep 11 2014 03:15 May 24, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 6333 E:\CR\FM\A23MY7.001 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4128 CONGRESSIONAL RECORD — HOUSE May 23, 2019 SEC. 108. QUALIFIED EMPLOYER PLANS PROHIB- vestment may no longer be held as an invest- striking ‘‘and’’ at the end of subparagraph (B), ITED FROM MAKING LOANS ment option under the arrangement, and’’. by striking the period at the end of subpara- THROUGH CREDIT CARDS AND (2) DISTRIBUTION REQUIREMENT.—Subpara- graph (C) and inserting ‘‘, and’’, and by insert- OTHER SIMILAR ARRANGEMENTS. graph (B) of section 401(k)(2) of such Code, as ing after subparagraph (C) the following new (a) IN GENERAL.—Paragraph (2) of section amended by paragraph (1), is amended by strik- subparagraph: 72(p) of the Internal Revenue Code of 1986 is ing ‘‘and’’ at the end of clause (i), by striking ‘‘(D) except as may be otherwise provided by amended by redesignating subparagraph (D) as the semicolon at the end of clause (ii) and in- regulations, in the case of amounts described in subparagraph (E) and by inserting after sub- serting ‘‘, and’’, and by adding at the end the subparagraph (A)(iv), such amounts will be dis- paragraph (C) the following new subparagraph: following new clause: tributed only in the form of a qualified distribu- ‘‘(D) PROHIBITION OF LOANS THROUGH CREDIT ‘‘(iii) except as may be otherwise provided by tion (as defined in section 401(a)(38)(B)(i)) or a CARDS AND OTHER SIMILAR ARRANGEMENTS.— regulations, in the case of amounts described in qualified plan distribution annuity contract (as Subparagraph (A) shall not apply to any loan clause (i)(VI), will be distributed only in the defined in section 401(a)(38)(B)(iv)).’’. which is made through the use of any credit form of a qualified distribution (as defined in (e) EFFECTIVE DATE.—The amendments made card or any other similar arrangement.’’. subsection (a)(38)(B)(i)) or a qualified plan dis- by this section shall apply to plan years begin- (b) EFFECTIVE DATE.—The amendments made tribution annuity contract (as defined in sub- ning after December 31, 2019. by subsection (a) shall apply to loans made after section (a)(38)(B)(iv)),’’. SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS the date of the enactment of this Act. (c) SECTION 403(b) PLANS.— ON TERMINATION OF SECTION 403(b) SEC. 109. PORTABILITY OF LIFETIME INCOME OP- (1) ANNUITY CONTRACTS.—Paragraph (11) of PLANS. TIONS. section 403(b) of the Internal Revenue Code of Not later than six months after the date of en- (a) IN GENERAL.—Subsection (a) of section 401 1986 is amended by striking ‘‘or’’ at the end of actment of this Act, the Secretary of the Treas- of the Internal Revenue Code of 1986 is amended subparagraph (B), by striking the period at the ury shall issue guidance to provide that, if an by inserting after paragraph (37) the following end of subparagraph (C) and inserting ‘‘, or’’, employer terminates the plan under which new paragraph: and by inserting after subparagraph (C) the fol- amounts are contributed to a custodial account ‘‘(38) PORTABILITY OF LIFETIME INCOME.— lowing new subparagraph: under subparagraph (A) of section 403(b)(7), the ‘‘(A) IN GENERAL.—Except as may be other- ‘‘(D) except as may be otherwise provided by plan administrator or custodian may distribute wise provided by regulations, a trust forming regulations, with respect to amounts invested in an individual custodial account in kind to a part of a defined contribution plan shall not be a lifetime income investment (as defined in sec- participant or beneficiary of the plan and the treated as failing to constitute a qualified trust tion 401(a)(38)(B)(ii))— distributed custodial account shall be main- under this section solely by reason of allowing— ‘‘(i) on or after the date that is 90 days prior tained by the custodian on a tax-deferred basis ‘‘(i) qualified distributions of a lifetime income to the date that such lifetime income investment as a section 403(b)(7) custodial account, similar investment, or may no longer be held as an investment option to the treatment of fully-paid individual annu- ‘‘(ii) distributions of a lifetime income invest- under the contract, and ity contracts under Revenue Ruling 2011–7, until ment in the form of a qualified plan distribution ‘‘(ii) in the form of a qualified distribution (as amounts are actually paid to the participant or annuity contract, defined in section 401(a)(38)(B)(i)) or a qualified beneficiary. The guidance shall provide further on or after the date that is 90 days prior to the plan distribution annuity contract (as defined (i) that the section 403(b)(7) status of the distrib- date on which such lifetime income investment in section 401(a)(38)(B)(iv)).’’. uted custodial account is generally maintained is no longer authorized to be held as an invest- (2) CUSTODIAL ACCOUNTS.—Subparagraph (A) if the custodial account thereafter adheres to ment option under the plan. of section 403(b)(7) of such Code is amended by the requirements of section 403(b) that are in ef- ‘‘(B) DEFINITIONS.—For purposes of this sub- striking ‘‘if—’’ and all that follows and insert- fect at the time of the distribution of the ac- section— ing ‘‘if the amounts are to be invested in regu- count and (ii) that a custodial account would ‘‘(i) the term ‘qualified distribution’ means a lated investment company stock to be held in not be considered distributed to the participant direct trustee-to-trustee transfer described in that custodial account, and under the custodial or beneficiary if the employer has any material paragraph (31)(A) to an eligible retirement plan account— retained rights under the account (but the em- (as defined in section 402(c)(8)(B)), ‘‘(i) no such amounts may be paid or made ployer would not be treated as retaining mate- ‘‘(ii) the term ‘lifetime income investment’ available to any distributee (unless such amount rial rights simply because the custodial account means an investment option which is designed is a distribution to which section 72(t)(2)(G) ap- was originally opened under a group contract). to provide an employee with election rights— plies) before— Such guidance shall be retroactively effective ‘‘(I) which are not uniformly available with ‘‘(I) the employee dies, for taxable years beginning after December 31, respect to other investment options under the ‘‘(II) the employee attains age 591⁄2, 2008. plan, and ‘‘(III) the employee has a severance from em- SEC. 111. CLARIFICATION OF RETIREMENT IN- ‘‘(II) which are to a lifetime income feature ployment, COME ACCOUNT RULES RELATING available through a contract or other arrange- ‘‘(IV) the employee becomes disabled (within TO CHURCH-CONTROLLED ORGANI- ment offered under the plan (or under another the meaning of section 72(m)(7)), ZATIONS. eligible retirement plan (as so defined), if paid ‘‘(V) in the case of contributions made pursu- (a) IN GENERAL.—Subparagraph (B) of section by means of a direct trustee-to-trustee transfer ant to a salary reduction agreement (within the 403(b)(9) of the Internal Revenue Code of 1986 is described in paragraph (31)(A) to such other eli- meaning of section 3121(a)(5)(D)), the employee amended by inserting ‘‘(including an employee gible retirement plan), encounters financial hardship, or described in section 414(e)(3)(B))’’ after ‘‘em- ‘‘(iii) the term ‘lifetime income feature’ ‘‘(VI) except as may be otherwise provided by ployee described in paragraph (1)’’. means— regulations, with respect to amounts invested in (b) EFFECTIVE DATE.—The amendment made ‘‘(I) a feature which guarantees a minimum a lifetime income investment (as defined in sec- by this section shall apply to years beginning level of income annually (or more frequently) tion 401(a)(38)(B)(ii)), the date that is 90 days before, on, or after the date of the enactment of for at least the remainder of the life of the em- prior to the date that such lifetime income in- this Act. ployee or the joint lives of the employee and the vestment may no longer be held as an invest- SEC. 112. QUALIFIED CASH OR DEFERRED AR- employee’s designated beneficiary, or ment option under the contract, and RANGEMENTS MUST ALLOW LONG- ‘‘(II) an annuity payable on behalf of the em- ‘‘(ii) in the case of amounts described in TERM EMPLOYEES WORKING MORE ployee under which payments are made in sub- THAN 500 BUT LESS THAN 1,000 clause (i)(VI), such amounts will be distributed HOURS PER YEAR TO PARTICIPATE. stantially equal periodic payments (not less fre- only in the form of a qualified distribution (as (a) PARTICIPATION REQUIREMENT.— quently than annually) over the life of the em- defined in section 401(a)(38)(B)(i)) or a qualified (1) IN GENERAL.—Section 401(k)(2)(D) of the ployee or the joint lives of the employee and the plan distribution annuity contract (as defined Internal Revenue Code of 1986 is amended to employee’s designated beneficiary, and in section 401(a)(38)(B)(iv)).’’. read as follows: ‘‘(iv) the term ‘qualified plan distribution an- (d) ELIGIBLE DEFERRED COMPENSATION ‘‘(D) which does not require, as a condition of nuity contract’ means an annuity contract pur- PLANS.— participation in the arrangement, that an em- chased for a participant and distributed to the (1) IN GENERAL.—Subparagraph (A) of section ployee complete a period of service with the em- participant by a plan or contract described in 457(d)(1) of the Internal Revenue Code of 1986 is ployer (or employers) maintaining the plan ex- subparagraph (B) of section 402(c)(8) (without amended by striking ‘‘or’’ at the end of clause tending beyond the close of the earlier of— regard to clauses (i) and (ii) thereof).’’. (ii), by inserting ‘‘or’’ at the end of clause (iii), ‘‘(i) the period permitted under section (b) CASH OR DEFERRED ARRANGEMENT.— and by adding after clause (iii) the following: 410(a)(1) (determined without regard to sub- (1) IN GENERAL.—Clause (i) of section ‘‘(iv) except as may be otherwise provided by paragraph (B)(i) thereof), or 401(k)(2)(B) of the Internal Revenue Code of regulations, in the case of a plan maintained by ‘‘(ii) subject to the provisions of paragraph 1986 is amended by striking ‘‘or’’ at the end of an employer described in subsection (e)(1)(A), (15), the first period of 3 consecutive 12-month subclause (IV), by striking ‘‘and’’ at the end of with respect to amounts invested in a lifetime periods during each of which the employee has subclause (V) and inserting ‘‘or’’, and by add- income investment (as defined in section at least 500 hours of service.’’. ing at the end the following new subclause: 401(a)(38)(B)(ii)), the date that is 90 days prior (2) SPECIAL RULES.—Section 401(k) of such ‘‘(VI) except as may be otherwise provided by to the date that such lifetime income investment Code is amended by adding at the end the fol- regulations, with respect to amounts invested in may no longer be held as an investment option lowing new paragraph: a lifetime income investment (as defined in sub- under the plan,’’. ‘‘(15) SPECIAL RULES FOR PARTICIPATION RE- section (a)(38)(B)(ii)), the date that is 90 days (2) DISTRIBUTION REQUIREMENT.—Paragraph QUIREMENT FOR LONG-TERM, PART-TIME WORK- prior to the date that such lifetime income in- (1) of section 457(d) of such Code is amended by ERS.—For purposes of paragraph (2)(D)(ii)—

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‘‘(A) AGE REQUIREMENT MUST BE MET.—Para- ginning on the date on which a child of the in- ‘‘(III) TAXPAYER MUST INCLUDE TIN.—A dis- graph (2)(D)(ii) shall not apply to an employee dividual is born or on which the legal adoption tribution shall not be treated as a qualified birth unless the employee has met the requirement of by the individual of an eligible adoptee is final- or adoption distribution with respect to any section 410(a)(1)(A)(i) by the close of the last of ized. child or eligible adoptee unless the taxpayer in- the 12-month periods described in such para- ‘‘(II) ELIGIBLE ADOPTEE.—The term ‘eligible cludes the name, age, and TIN of such child or graph. adoptee’ means any individual (other than a eligible adoptee on the taxpayer’s return of tax ‘‘(B) NONDISCRIMINATION AND TOP-HEAVY child of the taxpayer’s spouse) who has not at- for the taxable year. RULES NOT TO APPLY.— tained age 18 or is physically or mentally in- ‘‘(IV) DISTRIBUTIONS TREATED AS MEETING ‘‘(i) NONDISCRIMINATION RULES.—In the case capable of self-support. PLAN DISTRIBUTION REQUIREMENTS.—Any quali- of employees who are eligible to participate in ‘‘(iv) TREATMENT OF PLAN DISTRIBUTIONS.— fied birth or adoption distribution shall be treat- the arrangement solely by reason of paragraph ‘‘(I) IN GENERAL.—If a distribution to an indi- ed as meeting the requirements of sections (2)(D)(ii)— vidual would (without regard to clause (ii)) be a 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and ‘‘(I) notwithstanding subsection (a)(4), an em- qualified birth or adoption distribution, a plan 457(d)(1)(A).’’. ployer shall not be required to make nonelective shall not be treated as failing to meet any re- (b) EFFECTIVE DATE.—The amendments made or matching contributions on behalf of such em- quirement of this title merely because the plan by this section shall apply to distributions made ployees even if such contributions are made on treats the distribution as a qualified birth or after December 31, 2019. behalf of other employees eligible to participate adoption distribution, unless the aggregate SEC. 114. INCREASE IN AGE FOR REQUIRED BE- in the arrangement, and amount of such distributions from all plans GINNING DATE FOR MANDATORY ‘‘(II) an employer may elect to exclude such maintained by the employer (and any member of DISTRIBUTIONS. (a) IN GENERAL.—Section 401(a)(9)(C)(i)(I) of employees from the application of subsection any controlled group which includes the em- the Internal Revenue Code of 1986 is amended (a)(4), paragraphs (3), (12), and (13), subsection ployer) to such individual exceeds $5,000. ‘‘(II) CONTROLLED GROUP.—For purposes of by striking ‘‘age 701⁄2’’ and inserting ‘‘age 72’’. (m)(2), and section 410(b). subclause (I), the term ‘controlled group’ means (b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR ‘‘(ii) TOP-HEAVY RULES.—An employer may any group treated as a single employer under OWNERS.—Subparagraphs (B)(iv)(I) and elect to exclude all employees who are eligible to subsection (b), (c), (m), or (o) of section 414. (C)(ii)(I) of section 401(a)(9) of such Code are participate in a plan maintained by the em- ‘‘(v) AMOUNT DISTRIBUTED MAY BE REPAID.— each amended by striking ‘‘age 701⁄2’’ and insert- ployer solely by reason of paragraph (2)(D)(ii) ‘‘(I) IN GENERAL.—Any individual who re- ing ‘‘age 72’’. from the application of the vesting and benefit ceives a qualified birth or adoption distribution (c) CONFORMING AMENDMENTS.— requirements under subsections (b) and (c) of may make one or more contributions in an ag- (1) The last sentence of section 408(b) of such section 416. gregate amount not to exceed the amount of Code is amended by striking ‘‘age 701⁄2’’ and in- ‘‘(iii) VESTING.—For purposes of determining such distribution to an applicable eligible retire- serting ‘‘age 72’’. whether an employee described in clause (i) has ment plan of which such individual is a bene- (d) EFFECTIVE DATE.—The amendments made a nonforfeitable right to employer contributions ficiary and to which a rollover contribution of by this section shall apply to distributions re- (other than contributions described in para- such distribution could be made under section quired to be made after December 31, 2019, with graph (3)(D)(i)) under the arrangement, each 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or respect to individuals who attain age 701⁄2 after 12-month period for which the employee has at 457(e)(16), as the case may be. such date. least 500 hours of service shall be treated as a ‘‘(II) LIMITATION ON CONTRIBUTIONS TO APPLI- SEC. 115. SPECIAL RULES FOR MINIMUM FUND- year of service and section 411(a)(6) shall be ap- CABLE ELIGIBLE RETIREMENT PLANS OTHER THAN ING STANDARDS FOR COMMUNITY plied by substituting ‘at least 500 hours of serv- IRAS.—The aggregate amount of contributions NEWSPAPER PLANS. ice’ for ‘more than 500 hours of service’ in sub- made by an individual under subclause (I) to (a) AMENDMENT TO INTERNAL REVENUE CODE paragraph (A) thereof. any applicable eligible retirement plan which is OF 1986.—Section 430 of the Internal Revenue ‘‘(iv) EMPLOYEES WHO BECOME FULL-TIME EM- not an individual retirement plan shall not ex- Code of 1986 is amended by adding at the end PLOYEES.—This subparagraph (other than ceed the aggregate amount of qualified birth or the following new subsection: clause (iii)) shall cease to apply to any employee adoption distributions which are made from ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- as of the first plan year beginning after the plan such plan to such individual. Subclause (I) shall PAPER PLANS.— ‘‘(1) IN GENERAL.—The plan sponsor of a com- year in which the employee meets the require- not apply to contributions to any applicable eli- munity newspaper plan under which no partici- ments of section 410(a)(1)(A)(ii) without regard gible retirement plan which is not an individual pant has had the participant’s accrued benefit to paragraph (2)(D)(ii). retirement plan unless the individual is eligible increased (whether because of service or com- ‘‘(C) EXCEPTION FOR EMPLOYEES UNDER COL- to make contributions (other than those de- pensation) after December 31, 2017, may elect to LECTIVELY BARGAINED PLANS, ETC.—Paragraph scribed in subclause (I)) to such applicable eligi- have the alternative standards described in (2)(D)(ii) shall not apply to employees described ble retirement plan. in section 410(b)(3). ‘‘(III) TREATMENT OF REPAYMENTS OF DIS- paragraph (3) apply to such plan, and any plan ‘‘(D) SPECIAL RULES.— TRIBUTIONS FROM APPLICABLE ELIGIBLE RETIRE- sponsored by any member of the same controlled ‘‘(i) TIME OF PARTICIPATION.—The rules of MENT PLANS OTHER THAN IRAs.—If a contribu- group. ‘‘(2) ELECTION.—An election under paragraph section 410(a)(4) shall apply to an employee eli- tion is made under subclause (I) with respect to (1) shall be made at such time and in such man- gible to participate in an arrangement solely by a qualified birth or adoption distribution from ner as prescribed by the Secretary. Such elec- reason of paragraph (2)(D)(ii). an applicable eligible retirement plan other than tion, once made with respect to a plan year, ‘‘(ii) 12-MONTH PERIODS.—12-month periods an individual retirement plan, then the tax- shall apply to all subsequent plan years unless shall be determined in the same manner as payer shall, to the extent of the amount of the revoked with the consent of the Secretary. under the last sentence of section 410(a)(3)(A).’’. contribution, be treated as having received such ‘‘(3) ALTERNATIVE MINIMUM FUNDING STAND- (b) EFFECTIVE DATE.—The amendments made distribution in an eligible rollover distribution ARDS.—The alternative standards described in by this section shall apply to plan years begin- (as defined in section 402(c)(4)) and as having this paragraph are the following: ning after December 31, 2020, except that, for transferred the amount to the applicable eligible ‘‘(A) INTEREST RATES.— purposes of section 401(k)(2)(D)(ii) of the Inter- retirement plan in a direct trustee to trustee ‘‘(i) IN GENERAL.—Notwithstanding subsection nal Revenue Code of 1986 (as added by such transfer within 60 days of the distribution. (h)(2)(C) and except as provided in clause (ii), amendments), 12-month periods beginning before ‘‘(IV) TREATMENT OF REPAYMENTS FOR DIS- the first, second, and third segment rates in ef- January 1, 2021, shall not be taken into account. TRIBUTIONS FROM IRAS.—If a contribution is fect for any month for purposes of this section SEC. 113. PENALTY-FREE WITHDRAWALS FROM made under subclause (I) with respect to a shall be 8 percent. RETIREMENT PLANS FOR INDIVID- qualified birth or adoption distribution from an ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- UALS IN CASE OF BIRTH OF CHILD individual retirement plan, then, to the extent standing subsection (h)(2), for purposes of deter- OR ADOPTION. of the amount of the contribution, such distribu- mining the funding target and normal cost of a (a) IN GENERAL.—Section 72(t)(2) of the Inter- tion shall be treated as a distribution described plan for any plan year, the present value of any nal Revenue Code of 1986 is amended by adding in section 408(d)(3) and as having been trans- benefits accrued or earned under the plan for a at the end the following new subparagraph: ferred to the applicable eligible retirement plan plan year with respect to which an election ‘‘(H) DISTRIBUTIONS FROM RETIREMENT PLANS in a direct trustee to trustee transfer within 60 under paragraph (1) is in effect shall be deter- IN CASE OF BIRTH OF CHILD OR ADOPTION.— days of the distribution. mined on the basis of the U.S. Treasury obliga- ‘‘(i) IN GENERAL.—Any qualified birth or ‘‘(vi) DEFINITION AND SPECIAL RULES.—For tion yield curve for the day that is the valuation adoption distribution. purposes of this subparagraph— date of such plan for such plan year. ‘‘(ii) LIMITATION.—The aggregate amount ‘‘(I) APPLICABLE ELIGIBLE RETIREMENT ‘‘(iii) U.S. TREASURY OBLIGATION YIELD which may be treated as qualified birth or adop- PLAN.—The term ‘applicable eligible retirement CURVE.—For purposes of this subsection, the tion distributions by any individual with respect plan’ means an eligible retirement plan (as de- term ‘U.S. Treasury obligation yield curve’ to any birth or adoption shall not exceed $5,000. fined in section 402(c)(8)(B)) other than a de- means, with respect to any day, a yield curve ‘‘(iii) QUALIFIED BIRTH OR ADOPTION DIS- fined benefit plan. which shall be prescribed by the Secretary for TRIBUTION.—For purposes of this subpara- ‘‘(II) EXEMPTION OF DISTRIBUTIONS FROM such day on interest-bearing obligations of the graph— TRUSTEE TO TRUSTEE TRANSFER AND WITH- United States. ‘‘(I) IN GENERAL.—The term ‘qualified birth or HOLDING RULES.—For purposes of sections ‘‘(B) SHORTFALL AMORTIZATION BASE.— adoption distribution’ means any distribution 401(a)(31), 402(f), and 3405, a qualified birth or ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION from an applicable eligible retirement plan to an adoption distribution shall not be treated as an BASES.—The shortfall amortization bases deter- individual if made during the 1-year period be- eligible rollover distribution. mined under subsection (c)(3) for all plan years

VerDate Sep 11 2014 02:31 May 24, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\A23MY7.001 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4130 CONGRESSIONAL RECORD — HOUSE May 23, 2019 preceding the first plan year to which the elec- increased (whether because of service or com- ‘‘(III) by a trust created or organized in the tion under paragraph (1) applies (and all short- pensation) after December 31, 2017, may elect to State in which the community newspaper is fall amortization installments determined with have the alternative standards described in published, the sole trustees of which are persons respect to such bases) shall be reduced to zero paragraph (3) apply to such plan, and any plan described in subclause (I) or (II), under rules similar to the rules of subsection sponsored by any member of the same controlled ‘‘(IV) by an entity which is described in sec- (c)(6). group. tion 501(c)(3) of the Internal Revenue Code of ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— ‘‘(2) ELECTION.—An election under paragraph 1986 and exempt from taxation under section Notwithstanding subsection (c)(3), the shortfall (1) shall be made at such time and in such man- 501(a) of such Code, which is organized and op- amortization base for the first plan year to ner as prescribed by the Secretary of the Treas- erated in the State in which the community which the election under paragraph (1) applies ury. Such election, once made with respect to a newspaper is published, and the primary pur- shall be the funding shortfall of such plan for plan year, shall apply to all subsequent plan pose of which is to benefit communities in such such plan year (determined using the interest years unless revoked with the consent of the State, or rates as modified under subparagraph (A)). Secretary of the Treasury. ‘‘(V) by a combination of persons described in ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- ‘‘(3) ALTERNATIVE MINIMUM FUNDING STAND- subclause (I), (III), or (IV), and ZATION INSTALLMENTS.— ARDS.—The alternative standards described in ‘‘(iv) does not control, directly or indirectly, ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and this paragraph are the following: any newspaper in any other State. (B) of subsection (c)(2) shall be applied by sub- ‘‘(A) INTEREST RATES.— ‘‘(B) COMMUNITY NEWSPAPER.—The term ‘com- stituting ‘30-plan-year’ for ‘7-plan-year’ each ‘‘(i) IN GENERAL.—Notwithstanding subsection munity newspaper’ means a newspaper which place it appears. (h)(2)(C) and except as provided in clause (ii), primarily serves a metropolitan statistical area, ‘‘(ii) NO SPECIAL ELECTION.—The election the first, second, and third segment rates in ef- as determined by the Office of Management and under subparagraph (D) of subsection (c)(2) fect for any month for purposes of this section Budget, with a population of not less than shall not apply to any plan year to which the shall be 8 percent. 100,000. election under paragraph (1) applies. ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwith- ‘‘(C) CONTROL.—A person shall be treated as ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— standing subsection (h)(2), for purposes of deter- controlled by another person if such other per- Subsection (i) shall not apply. mining the funding target and normal cost of a son possesses, directly or indirectly, the power ‘‘(4) COMMUNITY NEWSPAPER PLAN.—For pur- plan for any plan year, the present value of any to direct or cause the direction and management poses of this subsection— benefits accrued or earned under the plan for a of such person (including the power to elect a ‘‘(A) IN GENERAL.—The term ‘community plan year with respect to which an election majority of the members of the board of directors newspaper plan’ means a plan to which this sec- under paragraph (1) is in effect shall be deter- of such person) through the ownership of voting tion applies maintained by an employer which, mined on the basis of the U.S. Treasury obliga- securities. as of December 31, 2017— tion yield curve for the day that is the valuation ‘‘(5) CONTROLLED GROUP.—For purposes of ‘‘(i) publishes and distributes daily, either date of such plan for such plan year. this subsection, the term ‘controlled group’ electronically or in printed form, 1 or more com- ‘‘(iii) U.S. TREASURY OBLIGATION YIELD means all persons treated as a single employer munity newspapers in a single State, CURVE.—For purposes of this subsection, the under subsection (b), (c), (m), or (o) of section ‘‘(ii) is not a company the stock of which is term ‘U.S. Treasury obligation yield curve’ 414 of the Internal Revenue Code of 1986 as of publicly traded (on a stock exchange or in an means, with respect to any day, a yield curve the date of the enactment of this subsection. over-the-counter market), and is not controlled, which shall be prescribed by the Secretary of the ‘‘(6) EFFECT ON PREMIUM RATE CALCULA- directly or indirectly, by such a company, Treasury for such day on interest-bearing obli- TION.—Notwithstanding any other provision of ‘‘(iii) is controlled, directly or indirectly— gations of the United States. law or any regulation issued by the Pension ‘‘(I) by 1 or more persons residing primarily in ‘‘(B) SHORTFALL AMORTIZATION BASE.— Benefit Guaranty Corporation, in the case of a the State in which the community newspaper is ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION plan for which an election is made to apply the published, BASES.—The shortfall amortization bases deter- alternative standards described in paragraph ‘‘(II) for not less than 30 years by individuals mined under subsection (c)(3) for all plan years (3), the additional premium under section who are members of the same family, preceding the first plan year to which the elec- 4006(a)(3)(E) shall be determined as if such elec- ‘‘(III) by a trust created or organized in the tion under paragraph (1) applies (and all short- tion had not been made.’’. State in which the community newspaper is fall amortization installments determined with (c) EFFECTIVE DATE.—The amendments made published, the sole trustees of which are persons respect to such bases) shall be reduced to zero by this section shall apply to plan years ending described in subclause (I) or (II), under rules similar to the rules of subsection after December 31, 2017. (c)(6). ‘‘(IV) by an entity which is described in sec- SEC. 116. TREATING EXCLUDED DIFFICULTY OF tion 501(c)(3) and exempt from taxation under ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.— CARE PAYMENTS AS COMPENSATION section 501(a), which is organized and operated Notwithstanding subsection (c)(3), the shortfall FOR DETERMINING RETIREMENT in the State in which the community newspaper amortization base for the first plan year to CONTRIBUTION LIMITATIONS. is published, and the primary purpose of which which the election under paragraph (1) applies (a) INDIVIDUAL RETIREMENT ACCOUNTS.— is to benefit communities in such State, or shall be the funding shortfall of such plan for (1) IN GENERAL.—Section 408(o) of the Internal ‘‘(V) by a combination of persons described in such plan year (determined using the interest Revenue Code of 1986 is amended by adding at subclause (I), (III), or (IV), and rates as modified under subparagraph (A)). the end the following new paragraph: ‘‘(iv) does not control, directly or indirectly, ‘‘(C) DETERMINATION OF SHORTFALL AMORTI- ‘‘(5) SPECIAL RULE FOR DIFFICULTY OF CARE any newspaper in any other State. ZATION INSTALLMENTS.— PAYMENTS EXCLUDED FROM GROSS INCOME.—In ‘‘(B) COMMUNITY NEWSPAPER.—The term ‘com- ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and the case of an individual who for a taxable year munity newspaper’ means a newspaper which (B) of subsection (c)(2) shall be applied by sub- excludes from gross income under section 131 a primarily serves a metropolitan statistical area, stituting ‘30-plan-year’ for ‘7-plan-year’ each qualified foster care payment which is a dif- as determined by the Office of Management and place it appears. ficulty of care payment, if— Budget, with a population of not less than ‘‘(ii) NO SPECIAL ELECTION.—The election ‘‘(A) the deductible amount in effect for the 100,000. under subparagraph (D) of subsection (c)(2) taxable year under subsection (b), exceeds ‘‘(C) CONTROL.—A person shall be treated as shall not apply to any plan year to which the ‘‘(B) the amount of compensation includible controlled by another person if such other per- election under paragraph (1) applies. in the individual’s gross income for the taxable son possesses, directly or indirectly, the power ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.— year, Subsection (i) shall not apply. to direct or cause the direction and management the individual may elect to increase the non- ‘‘(4) COMMUNITY NEWSPAPER PLAN.—For pur- of such person (including the power to elect a poses of this subsection— deductible limit under paragraph (2) for the tax- majority of the members of the board of directors ‘‘(A) IN GENERAL.—The term ‘community able year by an amount equal to the lesser of of such person) through the ownership of voting newspaper plan’ means a plan to which this sec- such excess or the amount so excluded.’’. securities. tion applies maintained by an employer which, (2) EFFECTIVE DATE.—The amendments made ‘‘(5) CONTROLLED GROUP.—For purposes of as of December 31, 2017— by this subsection shall apply to contributions this subsection, the term ‘controlled group’ ‘‘(i) publishes and distributes daily, either after the date of the enactment of this Act. means all persons treated as a single employer electronically or in printed form— (b) DEFINED CONTRIBUTION PLANS.— under subsection (b), (c), (m), or (o) of section ‘‘(I) a community newspaper, or (1) IN GENERAL.—Section 415(c) of such Code 414 as of the date of the enactment of this sub- ‘‘(II) 1 or more community newspapers in the is amended by adding at the end the following section.’’. same State, new paragraph: (b) AMENDMENT TO EMPLOYEE RETIREMENT ‘‘(ii) is not a company the stock of which is ‘‘(8) SPECIAL RULE FOR DIFFICULTY OF CARE INCOME SECURITY ACT OF 1974.—Section 303 of publicly traded (on a stock exchange or in an PAYMENTS EXCLUDED FROM GROSS INCOME.— the Employee Retirement Income Security Act of over-the-counter market), and is not controlled, ‘‘(A) IN GENERAL.—For purposes of paragraph 1974 (29 U.S.C. 1083) is amended by adding at directly or indirectly, by such a company, (1)(B), in the case of an individual who for a the end the following new subsection: ‘‘(iii) is controlled, directly or indirectly— taxable year excludes from gross income under ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWS- ‘‘(I) by 1 or more persons residing primarily in section 131 a qualified foster care payment PAPER PLANS.— the State in which the community newspaper is which is a difficulty of care payment, the par- ‘‘(1) IN GENERAL.—The plan sponsor of a com- published, ticipant’s compensation, or earned income, as munity newspaper plan under which no partici- ‘‘(II) for not less than 30 years by individuals the case may be, shall be increased by the pant has had the participant’s accrued benefit who are members of the same family, amount so excluded.

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‘‘(B) CONTRIBUTIONS ALLOCABLE TO DIF- (3) provide the same investments or investment hancement Act of 2019, the Secretary shall issue FICULTY OF CARE PAYMENTS TREATED AS AFTER- options to participants and beneficiaries. a model lifetime income disclosure, written in a TAX.—Any contribution by the participant A plan not subject to title I of the Employee Re- manner so as to be understood by the average which is allowable due to such increase— tirement Income Security Act of 1974 shall be plan participant, which— ‘‘(i) shall be treated for purposes of this title treated as meeting the requirements of para- ‘‘(I) explains that the lifetime income stream as investment in the contract, and graph (2) as part of a group of plans if the same equivalent is only provided as an illustration; ‘‘(ii) shall not cause a plan (and any arrange- person that performs each of the functions de- ‘‘(II) explains that the actual payments under ment which is part of such plan) to be treated scribed in such paragraph, as applicable, for all the lifetime income stream described in clause as failing to meet any requirements of this chap- other plans in such group performs each of such (i)(III) which may be purchased with the total ter solely by reason of allowing any such con- functions for such plan. benefits accrued will depend on numerous fac- tributions.’’. (d) CLARIFICATION RELATING TO ELECTRONIC tors and may vary substantially from the life- (2) EFFECTIVE DATE.—The amendment made FILING OF RETURNS FOR DEFERRED COMPENSA- time income stream equivalent in the disclosures; by this subsection shall apply to plan years be- TION PLANS.— ‘‘(III) explains the assumptions upon which ginning after December 31, 2015. (1) IN GENERAL.—Section 6011(e) of the Inter- the lifetime income stream equivalent was deter- TITLE II—ADMINISTRATIVE nal Revenue Code of 1986 is amended by adding mined; and ‘‘(IV) provides such other similar explanations IMPROVEMENTS at the end the following new paragraph: ‘‘(6) APPLICATION OF NUMERICAL LIMITATION as the Secretary considers appropriate. SEC. 201. PLAN ADOPTED BY FILING DUE DATE ‘‘(iii) ASSUMPTIONS AND RULES.—Not later TO RETURNS RELATING TO DEFERRED COMPENSA- FOR YEAR MAY BE TREATED AS IN than 1 year after the date of the enactment of EFFECT AS OF CLOSE OF YEAR. TION PLANS.—For purposes of applying the nu- the Setting Every Community Up for Retirement (a) IN GENERAL.—Subsection (b) of section 401 merical limitation under paragraph (2)(A) to any return required under section 6058, informa- Enhancement Act of 2019, the Secretary shall— of the Internal Revenue Code of 1986 is amend- ‘‘(I) prescribe assumptions which administra- tion regarding each plan for which information ed— tors of individual account plans may use in con- is provided on such return shall be treated as a (1) by striking ‘‘RETROACTIVE CHANGES IN verting total accrued benefits into lifetime in- separate return.’’. PLAN.—A stock bonus’’ and inserting ‘‘PLAN come stream equivalents for purposes of this AMENDMENTS.— (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to returns required subparagraph; and ‘‘(1) CERTAIN RETROACTIVE CHANGES IN ‘‘(II) issue interim final rules under clause (i). PLAN.—A stock bonus’’; and to be filed with respect to plan years beginning (2) by adding at the end the following new after December 31, 2019. In prescribing assumptions under subclause (I), paragraph: (e) EFFECTIVE DATE.—The modification re- the Secretary may prescribe a single set of spe- cific assumptions (in which case the Secretary ‘‘(2) ADOPTION OF PLAN.—If an employer quired by subsection (a) shall be implemented adopts a stock bonus, pension, profit-sharing, or not later than January 1, 2022, and shall apply may issue tables or factors which facilitate such annuity plan after the close of a taxable year to returns and reports for plan years beginning conversions), or ranges of permissible assump- but before the time prescribed by law for filing after December 31, 2021. tions. To the extent that an accrued benefit is or may be invested in a lifetime income stream de- the return of the employer for the taxable year SEC. 203. DISCLOSURE REGARDING LIFETIME IN- (including extensions thereof), the employer COME. scribed in clause (i)(III), the assumptions pre- may elect to treat the plan as having been (a) IN GENERAL.—Subparagraph (B) of section scribed under subclause (I) shall, to the extent adopted as of the last day of the taxable year.’’. 105(a)(2) of the Employee Retirement Income Se- appropriate, permit administrators of individual account plans to use the amounts payable under (b) EFFECTIVE DATE.—The amendments made curity Act of 1974 (29 U.S.C. 1025(a)(2)) is by this section shall apply to plans adopted for amended— such lifetime income stream as a lifetime income taxable years beginning after December 31, 2019. (1) in clause (i), by striking ‘‘and’’ at the end; stream equivalent. (2) in clause (ii), by striking ‘‘diversification.’’ ‘‘(iv) LIMITATION ON LIABILITY.—No plan fidu- SEC. 202. COMBINED ANNUAL REPORT FOR ciary, plan sponsor, or other person shall have GROUP OF PLANS. and inserting ‘‘diversification, and’’; and any liability under this title solely by reason of (a) IN GENERAL.—The Secretary of the Treas- (3) by inserting at the end the following: the provision of lifetime income stream equiva- ury and the Secretary of Labor shall, in co- ‘‘(iii) the lifetime income disclosure described lents which are derived in accordance with the operation, modify the returns required under in subparagraph (D)(i). assumptions and rules described in clause (iii) section 6058 of the Internal Revenue Code of In the case of pension benefit statements de- and which include the explanations contained 1986 and the reports required by section 104 of scribed in clause (i) of paragraph (1)(A), a life- in the model lifetime income disclosure described the Employee Retirement Income Security Act of time income disclosure under clause (iii) of this in clause (ii). This clause shall apply without 1974 (29 U.S.C. 1024) so that all members of a subparagraph shall be required to be included in regard to whether the provision of such lifetime group of plans described in subsection (c) may only one pension benefit statement during any income stream equivalent is required by sub- file a single aggregated annual return or report one 12-month period.’’. paragraph (B)(iii). satisfying the requirements of both such sec- (b) LIFETIME INCOME.—Paragraph (2) of sec- ‘‘(v) EFFECTIVE DATE.—The requirement in tions. tion 105(a) of the Employee Retirement Income subparagraph (B)(iii) shall apply to pension (b) ADMINISTRATIVE REQUIREMENTS.—In de- Security Act of 1974 (29 U.S.C. 1025(a)) is benefit statements furnished more than 12 veloping the consolidated return or report under amended by adding at the end the following months after the latest of the issuance by the subsection (a), the Secretary of the Treasury new subparagraph: Secretary of— and the Secretary of Labor may require such re- ‘‘(D) LIFETIME INCOME DISCLOSURE.— ‘‘(I) interim final rules under clause (i); turn or report to include any information re- ‘‘(i) IN GENERAL.— ‘‘(II) the model disclosure under clause (ii); or garding each plan in the group as such Secre- ‘‘(I) DISCLOSURE.—A lifetime income disclo- ‘‘(III) the assumptions under clause (iii).’’. sure shall set forth the lifetime income stream taries determine is necessary or appropriate for SEC. 204. FIDUCIARY SAFE HARBOR FOR SELEC- the enforcement and administration of the In- equivalent of the total benefits accrued with re- TION OF LIFETIME INCOME PRO- ternal Revenue Code of 1986 and the Employee spect to the participant or beneficiary. VIDER. Retirement Income Security Act of 1974 and ‘‘(II) LIFETIME INCOME STREAM EQUIVALENT Section 404 of the Employee Retirement In- shall require such information as will enable a OF THE TOTAL BENEFITS ACCRUED.—For purposes come Security Act of 1974 (29 U.S.C. 1104) is participant in a plan to identify any aggregated of this subparagraph, the term ‘lifetime income amended by adding at the end the following: return or report filed with respect to the plan. stream equivalent of the total benefits accrued’ ‘‘(e) SAFE HARBOR FOR ANNUITY SELECTION.— (c) PLANS DESCRIBED.—A group of plans is de- means the amount of monthly payments the ‘‘(1) IN GENERAL.—With respect to the selec- scribed in this subsection if all plans in the participant or beneficiary would receive if the tion of an insurer for a guaranteed retirement group— total accrued benefits of such participant or income contract, the requirements of subsection (1) are individual account plans or defined beneficiary were used to provide lifetime income (a)(1)(B) will be deemed to be satisfied if a fidu- contribution plans (as defined in section 3(34) of streams described in subclause (III), based on ciary— the Employee Retirement Income Security Act of assumptions specified in rules prescribed by the ‘‘(A) engages in an objective, thorough, and 1974 (29 U.S.C. 1002(34)) or in section 414(i) of Secretary. analytical search for the purpose of identifying the Internal Revenue Code of 1986); ‘‘(III) LIFETIME INCOME STREAMS.—The life- insurers from which to purchase such contracts; (2) have— time income streams described in this subclause ‘‘(B) with respect to each insurer identified (A) the same trustee (as described in section are a qualified joint and survivor annuity (as under subparagraph (A)— 403(a) of such Act (29 U.S.C. 1103(a))); defined in section 205(d)), based on assumptions ‘‘(i) considers the financial capability of such (B) the same one or more named fiduciaries specified in rules prescribed by the Secretary, insurer to satisfy its obligations under the guar- (as described in section 402(a) of such Act (29 including the assumption that the participant or anteed retirement income contract; and U.S.C. 1102(a))); beneficiary has a spouse of equal age, and a ‘‘(ii) considers the cost (including fees and (C) the same administrator (as defined in sec- single life annuity. Such lifetime income streams commissions) of the guaranteed retirement in- tion 3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) may have a term certain or other features to the come contract offered by the insurer in relation and plan administrator (as defined in section extent permitted under rules prescribed by the to the benefits and product features of the con- 414(g) of the Internal Revenue Code of 1986); Secretary. tract and administrative services to be provided and ‘‘(ii) MODEL DISCLOSURE.—Not later than 1 under such contract; and (D) plan years beginning on the same date; year after the date of the enactment of the Set- ‘‘(C) on the basis of such consideration, con- and ting Every Community Up for Retirement En- cludes that—

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‘‘(i) at the time of the selection, the insurer is ‘‘(5) LIMITED LIABILITY.—A fiduciary which ‘‘(I) such defined benefit plan must also be ag- financially capable of satisfying its obligations satisfies the requirements of this subsection gregated with any portion of such defined con- under the guaranteed retirement income con- shall not be liable following the distribution of tribution plan which provides elective deferrals tract; and any benefit, or the investment by or on behalf of described in subparagraph (A) or (C) of section ‘‘(ii) the relative cost of the selected guaran- a participant or beneficiary pursuant to the se- 402(g)(3), and teed retirement income contract as described in lected guaranteed retirement income contract, ‘‘(II) such matching contributions shall be subparagraph (B)(ii) is reasonable. for any losses that may result to the participant treated in the same manner as nonelective con- ‘‘(2) FINANCIAL CAPABILITY OF THE INSURER.— or beneficiary due to an insurer’s inability to tributions, including for purposes of applying A fiduciary will be deemed to satisfy the re- satisfy its financial obligations under the terms the rules of subsection (l). quirements of paragraphs (1)(B)(i) and (1)(C)(i) of such contract. ‘‘(iii) PLANS DESCRIBED.—A defined benefit if— ‘‘(6) DEFINITIONS.—For purposes of this sub- plan is described in this clause if— ‘‘(A) the fiduciary obtains written representa- section— ‘‘(I) the plan provides benefits to a closed tions from the insurer that— ‘‘(A) INSURER.—The term ‘insurer’ means an class of participants, ‘‘(i) the insurer is licensed to offer guaranteed insurance company, insurance service, or insur- ‘‘(II) for the plan year as of which the class retirement income contracts; ance organization, including affiliates of such closes and the 2 succeeding plan years, the plan ‘‘(ii) the insurer, at the time of selection and companies. satisfies the requirements of section 410(b) and for each of the immediately preceding 7 plan ‘‘(B) GUARANTEED RETIREMENT INCOME CON- subsection (a)(4) (without regard to this sub- years— TRACT.—The term ‘guaranteed retirement in- paragraph but taking into account the rules of ‘‘(I) operates under a certificate of authority come contract’ means an annuity contract for a subparagraph (I)), from the insurance commissioner of its domi- fixed term or a contract (or provision or feature ‘‘(III) after the date as of which the class was ciliary State which has not been revoked or sus- thereof) which provides guaranteed benefits an- closed, any plan amendment which modifies the pended; nually (or more frequently) for at least the re- closed class or the benefits provided to such ‘‘(II) has filed audited financial statements in mainder of the life of the participant or the joint closed class does not discriminate significantly accordance with the laws of its domiciliary lives of the participant and the participant’s in favor of highly compensated employees, and ‘‘(IV) the class was closed before April 5, 2017, State under applicable statutory accounting designated beneficiary as part of an individual or the plan is described in subparagraph (C). principles; account plan.’’. ‘‘(III) maintains (and has maintained) re- ‘‘(C) PLANS DESCRIBED.—A plan is described SEC. 205. MODIFICATION OF NONDISCRIMINA- in this subparagraph if, taking into account serves which satisfies all the statutory require- TION RULES TO PROTECT OLDER, ments of all States where the insurer does busi- any predecessor plan— LONGER SERVICE PARTICIPANTS. ‘‘(i) such plan has been in effect for at least ness; and (a) IN GENERAL.—Section 401 of the Internal ‘‘(IV) is not operating under an order of su- 5 years as of the date the class is closed, and Revenue Code of 1986 is amended— ‘‘(ii) during the 5-year period preceding the pervision, rehabilitation, or liquidation; (1) by redesignating subsection (o) as sub- ‘‘(iii) the insurer undergoes, at least every 5 date the class is closed, there has not been a section (p); and substantial increase in the coverage or value of years, a financial examination (within the (2) by inserting after subsection (n) the fol- meaning of the law of its domiciliary State) by the benefits, rights, or features described in sub- lowing new subsection: paragraph (A) or in the coverage or benefits the insurance commissioner of the domiciliary ‘‘(o) SPECIAL RULES FOR APPLYING NON- under the plan described in subparagraph State (or representative, designee, or other party DISCRIMINATION RULES TO PROTECT OLDER, approved by such commissioner); and (B)(iii) (whichever is applicable). LONGER SERVICE AND GRANDFATHERED PARTICI- ‘‘(D) DETERMINATION OF SUBSTANTIAL IN- ‘‘(iv) the insurer will notify the fiduciary of PANTS .— any change in circumstances occurring after the CREASE FOR BENEFITS, RIGHTS, AND FEATURES.— ‘‘(1) TESTING OF DEFINED BENEFIT PLANS WITH In applying subparagraph (C)(ii) for purposes of provision of the representations in clauses (i), CLOSED CLASSES OF PARTICIPANTS.— (ii), and (iii) which would preclude the insurer subparagraph (A)(iii), a plan shall be treated as ‘‘(A) BENEFITS, RIGHTS, OR FEATURES PRO- having had a substantial increase in coverage or from making such representations at the time of VIDED TO CLOSED CLASSES.—A defined benefit issuance of the guaranteed retirement income value of the benefits, rights, or features de- plan which provides benefits, rights, or features scribed in subparagraph (A) during the applica- contract; and to a closed class of participants shall not fail to ‘‘(B) after receiving such representations and ble 5-year period only if, during such period— satisfy the requirements of subsection (a)(4) by ‘‘(i) the number of participants covered by as of the time of selection, the fiduciary has not reason of the composition of such closed class or such benefits, rights, or features on the date received any notice described in subparagraph the benefits, rights, or features provided to such such period ends is more than 50 percent greater (A)(iv) and is in possession of no other informa- closed class, if— than the number of such participants on the tion which would cause the fiduciary to ques- ‘‘(i) for the plan year as of which the class first day of the plan year in which such period tion the representations provided. closes and the 2 succeeding plan years, such began, or ‘‘(3) NO REQUIREMENT TO SELECT LOWEST benefits, rights, and features satisfy the require- ‘‘(ii) such benefits, rights, and features have COST.—Nothing in this subsection shall be con- ments of subsection (a)(4) (without regard to been modified by 1 or more plan amendments in strued to require a fiduciary to select the lowest this subparagraph but taking into account the such a way that, as of the date the class is cost contract. A fiduciary may consider the rules of subparagraph (I)), closed, the value of such benefits, rights, and value of a contract, including features and ben- ‘‘(ii) after the date as of which the class was features to the closed class as a whole is sub- efits of the contract and attributes of the insurer closed, any plan amendment which modifies the stantially greater than the value as of the first (including, without limitation, the insurer’s fi- closed class or the benefits, rights, and features day of such 5-year period, solely as a result of nancial strength) in conjunction with the cost provided to such closed class does not discrimi- such amendments. of the contract. nate significantly in favor of highly com- ‘‘(E) DETERMINATION OF SUBSTANTIAL IN- ‘‘(4) TIME OF SELECTION.— pensated employees, and CREASE FOR AGGREGATE TESTING ON BENEFITS ‘‘(A) IN GENERAL.—For purposes of this sub- ‘‘(iii) the class was closed before April 5, 2017, BASIS.—In applying subparagraph (C)(ii) for section, the time of selection is— or the plan is described in subparagraph (C). purposes of subparagraph (B)(iii)(IV), a plan ‘‘(i) the time that the insurer and the contract ‘‘(B) AGGREGATE TESTING WITH DEFINED CON- shall be treated as having had a substantial in- are selected for distribution of benefits to a spe- TRIBUTION PLANS PERMITTED ON A BENEFITS crease in coverage or benefits during the appli- cific participant or beneficiary; or BASIS.— ‘‘(ii) if the fiduciary periodically reviews the cable 5-year period only if, during such period— ‘‘(i) IN GENERAL.—For purposes of determining ‘‘(i) the number of participants benefitting continuing appropriateness of the conclusion compliance with subsection (a)(4) and section under the plan on the date such period ends is described in paragraph (1)(C) with respect to a 410(b), a defined benefit plan described in clause more than 50 percent greater than the number of selected insurer, taking into account the consid- (iii) may be aggregated and tested on a benefits such participants on the first day of the plan erations described in such paragraph, the time basis with 1 or more defined contribution plans, year in which such period began, or that the insurer and the contract are selected to including with the portion of 1 or more defined ‘‘(ii) the average benefit provided to such par- provide benefits at future dates to participants contribution plans which— ticipants on the date such period ends is more or beneficiaries under the plan. ‘‘(I) provides matching contributions (as de- than 50 percent greater than the average benefit Nothing in the preceding sentence shall be con- fined in subsection (m)(4)(A)), provided on the first day of the plan year in strued to require the fiduciary to review the ap- ‘‘(II) provides annuity contracts described in which such period began. propriateness of a selection after the purchase section 403(b) which are purchased with match- ‘‘(F) CERTAIN EMPLOYEES DISREGARDED.—For of a contract for a participant or beneficiary. ing contributions or nonelective contributions, purposes of subparagraphs (D) and (E), any in- ‘‘(B) PERIODIC REVIEW.—A fiduciary will be or crease in coverage or value or in coverage or deemed to have conducted the periodic review ‘‘(III) consists of an employee stock ownership benefits, whichever is applicable, which is at- described in subparagraph (A)(ii) if the fidu- plan (within the meaning of section 4975(e)(7)) tributable to such coverage and value or cov- ciary obtains the written representations de- or a tax credit employee stock ownership plan erage and benefits provided to employees— scribed in clauses (i), (ii), and (iii) of paragraph (within the meaning of section 409(a)). ‘‘(i) who became participants as a result of a (2)(A) from the insurer on an annual basis, un- ‘‘(ii) SPECIAL RULES FOR MATCHING CONTRIBU- merger, acquisition, or similar event which oc- less the fiduciary receives any notice described TIONS.—For purposes of clause (i), if a defined curred during the 7-year period preceding the in paragraph (2)(A)(iv) or otherwise becomes benefit plan is aggregated with a portion of a date the class is closed, or aware of facts that would cause the fiduciary to defined contribution plan providing matching ‘‘(ii) who became participants by reason of a question such representations. contributions— merger of the plan with another plan which had

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For purposes of the of the merger, benefit plan have been reduced or eliminated, preceding sentence, consistency shall not be re- shall be disregarded, except that clause (ii) shall ‘‘(ii) for the plan year of the defined contribu- quired with respect to employees who were sub- apply for purposes of subparagraph (D) only if, tion plan as of which the class eligible to receive ject to different benefit formulas under the de- under the merger, the benefits, rights, or fea- such make-whole contributions closes and the 2 fined benefit plan. tures under 1 plan are conformed to the bene- succeeding plan years, such closed class of par- ‘‘(B) REFERENCES TO CLOSED CLASS OF PAR- fits, rights, or features of the other plan pro- ticipants satisfies the requirements of section TICIPANTS.—References to a closed class of par- spectively. 410(b)(2)(A)(i) (determined by applying the rules ticipants and similar references to a closed class ‘‘(G) RULES RELATING TO AVERAGE BENEFIT.— of paragraph (1)(I)), shall include arrangements under which 1 or For purposes of subparagraph (E)— ‘‘(iii) after the date as of which the class was more classes of participants are closed, except ‘‘(i) the average benefit provided to partici- closed, any plan amendment to the defined con- that 1 or more classes of participants closed on pants under the plan will be treated as having tribution plan which modifies the closed class or different dates shall not be aggregated for pur- remained the same between the 2 dates described the allocations, benefits, rights, and features poses of determining the date any such class in subparagraph (E)(ii) if the benefit formula provided to such closed class does not discrimi- was closed. applicable to such participants has not changed nate significantly in favor of highly com- ‘‘(C) HIGHLY COMPENSATED EMPLOYEE.—The between such dates, and pensated employees, and term ‘highly compensated employee’ has the ‘‘(ii) if the benefit formula applicable to 1 or ‘‘(iv) the class was closed before April 5, 2017, meaning given such term in section 414(q).’’. more participants under the plan has changed or the defined benefit plan under clause (i) is (b) PARTICIPATION REQUIREMENTS.—Para- between such 2 dates, then the average benefit described in paragraph (1)(C) (as applied for graph (26) of section 401(a) of the Internal Rev- under the plan shall be considered to have in- purposes of paragraph (1)(B)(iii)(IV)). enue Code of 1986 is amended by adding at the creased by more than 50 percent only if— ‘‘(B) AGGREGATION WITH PLANS INCLUDING end the following new subparagraph: ‘‘(I) the total amount determined under sec- MATCHING CONTRIBUTIONS.— ‘‘(I) PROTECTED PARTICIPANTS.— tion 430(b)(1)(A)(i) for all participants benefit- ‘‘(i) IN GENERAL.—With respect to 1 or more ‘‘(i) IN GENERAL.—A plan shall be deemed to ting under the plan for the plan year in which defined contribution plans described in subpara- satisfy the requirements of subparagraph (A) the 5-year period described in subparagraph (E) graph (A), for purposes of determining compli- if— ends, exceeds ance with subsection (a)(4) and section 410(b), ‘‘(I) the plan is amended— ‘‘(II) the total amount determined under sec- the portion of such plans which provides make- ‘‘(aa) to cease all benefit accruals, or ‘‘(bb) to provide future benefit accruals only tion 430(b)(1)(A)(i) for all such participants for whole contributions or other nonelective con- tributions may be aggregated and tested on a to a closed class of participants, such plan year, by using the benefit formula in ‘‘(II) the plan satisfies subparagraph (A) benefits basis with the portion of 1 or more other effect for each such participant for the first (without regard to this subparagraph) as of the plan year in such 5-year period, defined contribution plans which— ‘‘(I) provides matching contributions (as de- effective date of the amendment, and by more than 50 percent. In the case of a CSEC ‘‘(III) the amendment was adopted before fined in subsection (m)(4)(A)), plan (as defined in section 414(y)), the normal April 5, 2017, or the plan is described in clause cost of the plan (as determined under section ‘‘(II) provides annuity contracts described in section 403(b) which are purchased with match- (ii). 433(j)(1)(B)) shall be used in lieu of the amount ‘‘(ii) PLANS DESCRIBED.—A plan is described in ing contributions or nonelective contributions, determined under section 430(b)(1)(A)(i). this clause if the plan would be described in or ‘‘(H) TREATMENT AS SINGLE PLAN.—For pur- subsection (o)(1)(C), as applied for purposes of ‘‘(III) consists of an employee stock ownership poses of subparagraphs (E) and (G), a plan de- subsection (o)(1)(B)(iii)(IV) and by treating the plan (within the meaning of section 4975(e)(7)) scribed in section 413(c) shall be treated as a effective date of the amendment as the date the or a tax credit employee stock ownership plan single plan rather than as separate plans main- class was closed for purposes of subsection (within the meaning of section 409(a)). tained by each employer in the plan. (o)(1)(C). ‘‘(ii) SPECIAL RULES FOR MATCHING CONTRIBU- ‘‘(I) SPECIAL RULES.—For purposes of sub- ‘‘(iii) SPECIAL RULES.—For purposes of clause TIONS.—Rules similar to the rules of paragraph paragraphs (A)(i) and (B)(iii)(II), the following (i)(II), in applying section 410(b)(6)(C), the (1)(B)(ii) shall apply for purposes of clause (i). rules shall apply: amendments described in clause (i) shall not be ‘‘(C) SPECIAL RULES FOR TESTING DEFINED ‘‘(i) In applying section 410(b)(6)(C), the clos- treated as a significant change in coverage CONTRIBUTION PLAN FEATURES PROVIDING ing of the class of participants shall not be under section 410(b)(6)(C)(i)(II). MATCHING CONTRIBUTIONS TO CERTAIN OLDER, treated as a significant change in coverage ‘‘(iv) SPUN-OFF PLANS.—For purposes of this LONGER SERVICE PARTICIPANTS.—In the case of a under section 410(b)(6)(C)(i)(II). subparagraph, if a portion of a plan described defined contribution plan which provides bene- ‘‘(ii) 2 or more plans shall not fail to be eligi- in clause (i) is spun off to another employer, the fits, rights, or features to a closed class of par- ble to be aggregated and treated as a single plan treatment under clause (i) of the spun-off plan ticipants whose accruals under a defined benefit solely by reason of having different plan years. shall continue with respect to the other em- plan have been reduced or eliminated, the plan ‘‘(iii) Changes in the employee population ployer.’’. shall be disregarded to the extent attributable to shall not fail to satisfy the requirements of sub- (c) EFFECTIVE DATE.— individuals who become employees or cease to be section (a)(4) solely by reason of the composition (1) IN GENERAL.—Except as provided in para- employees, after the date the class is closed, by of the closed class or the benefits, rights, or fea- graph (2), the amendments made by this section reason of a merger, acquisition, divestiture, or tures provided to such closed class if the defined shall take effect on the date of the enactment of similar event. contribution plan and defined benefit plan oth- this Act, without regard to whether any plan ‘‘(iv) Aggregation and all other testing meth- erwise meet the requirements of subparagraph modifications referred to in such amendments odologies otherwise applicable under subsection (A) but for the fact that the make-whole con- are adopted or effective before, on, or after such (a)(4) and section 410(b) may be taken into ac- tributions under the defined contribution plan date of enactment. count. are made in whole or in part through matching (2) SPECIAL RULES.— The rule of clause (ii) shall also apply for pur- contributions. (A) ELECTION OF EARLIER APPLICATION.—At poses of determining whether plans to which ‘‘(D) SPUN-OFF PLANS.—For purposes of this the election of the plan sponsor, the amend- subparagraph (B)(i) applies may be aggregated paragraph, if a portion of a defined contribu- ments made by this section shall apply to plan and treated as 1 plan for purposes of deter- tion plan described in subparagraph (A) or (C) years beginning after December 31, 2013. mining whether such plans meet the require- is spun off to another employer, the treatment (B) CLOSED CLASSES OF PARTICIPANTS.—For ments of subsection (a)(4) and section 410(b). under subparagraph (A) or (C) of the spun-off purposes of paragraphs (1)(A)(iii), ‘‘(J) SPUN-OFF PLANS.—For purposes of this plan shall continue with respect to the other em- (1)(B)(iii)(IV), and (2)(A)(iv) of section 401(o) of paragraph, if a portion of a defined benefit plan ployer if such plan continues to comply with the the Internal Revenue Code of 1986 (as added by described in subparagraph (A) or (B)(iii) is spun requirements of clauses (ii) (if the original plan this section), a closed class of participants shall off to another employer and the spun-off plan was still within the 3-year period described in be treated as being closed before April 5, 2017, if continues to satisfy the requirements of— such clause at the time of the spin off) and (iii) the plan sponsor’s intention to create such ‘‘(i) subparagraph (A)(i) or (B)(iii)(II), which- of subparagraph (A), as determined for purposes closed class is reflected in formal written docu- ever is applicable, if the original plan was still of subparagraph (A) or (C), whichever is appli- ments and communicated to participants before within the 3-year period described in such sub- cable. such date. paragraph at the time of the spin off, and ‘‘(3) DEFINITIONS AND SPECIAL RULE.—For (C) CERTAIN POST-ENACTMENT PLAN AMEND- ‘‘(ii) subparagraph (A)(ii) or (B)(iii)(III), purposes of this subsection— MENTS.—A plan shall not be treated as failing to whichever is applicable, ‘‘(A) MAKE-WHOLE CONTRIBUTIONS.—Except as be eligible for the application of section the treatment under subparagraph (A) or (B) of otherwise provided in paragraph (2)(C), the term 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of the spun-off plan shall continue with respect to ‘make-whole contributions’ means nonelective such Code (as added by this section) to such such other employer. allocations for each employee in the class which plan solely because in the case of— ‘‘(2) TESTING OF DEFINED CONTRIBUTION are reasonably calculated, in a consistent man- (i) such section 401(o)(1)(A), the plan was PLANS.— ner, to replace some or all of the retirement ben- amended before the date of the enactment of ‘‘(A) TESTING ON A BENEFITS BASIS.—A defined efits which the employee would have received this Act to eliminate 1 or more benefits, rights, contribution plan shall be permitted to be tested under the defined benefit plan and any other or features, and is further amended after such on a benefits basis if— plan or qualified cash or deferred arrangement date of enactment to provide such previously ‘‘(i) such defined contribution plan provides under subsection (k)(2) if no change had been eliminated benefits, rights, or features to a make-whole contributions to a closed class of made to such defined benefit plan and such closed class of participants, or

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(ii) such section 401(o)(1)(B)(iii) or section SEC. 302. EXPANSION OF SECTION 529 PLANS. ‘‘(ii) EXCEPTION ONLY FOR ELIGIBLE DES- 401(a)(26), the plan was amended before the (a) DISTRIBUTIONS FOR CERTAIN EXPENSES AS- IGNATED BENEFICIARIES.—Subparagraph (B)(iii) date of the enactment of this Act to cease all SOCIATED WITH REGISTERED APPRENTICESHIP shall apply only in the case of an eligible des- benefit accruals, and is further amended after PROGRAMS.—Section 529(c) of the Internal Rev- ignated beneficiary. such date of enactment to provide benefit accru- enue Code of 1986 is amended by adding at the ‘‘(iii) RULES UPON DEATH OF ELIGIBLE DES- als to a closed class of participants. end the following new paragraph: IGNATED BENEFICIARY.—If an eligible designated Any such section shall only apply if the plan ‘‘(8) TREATMENT OF CERTAIN EXPENSES ASSOCI- beneficiary dies before the portion of the em- otherwise meets the requirements of such section ATED WITH REGISTERED APPRENTICESHIP PRO- ployee’s interest to which this subparagraph ap- and in applying such section, the date the class GRAMS.—Any reference in this subsection to the plies is entirely distributed, the exception under of participants is closed shall be the effective term ‘qualified higher education expense’ shall clause (iii) shall not apply to any beneficiary of date of the later amendment. include a reference to expenses for fees, books, such eligible designated beneficiary and the re- SEC. 206. MODIFICATION OF PBGC PREMIUMS supplies, and equipment required for the partici- mainder of such portion shall be distributed FOR CSEC PLANS. pation of a designated beneficiary in an appren- within 10 years after the death of such eligible (a) FLAT RATE PREMIUM.—Subparagraph (A) ticeship program registered and certified with designated beneficiary. of section 4006(a)(3) of the Employee Retirement the Secretary of Labor under section 1 of the ‘‘(iv) APPLICATION TO CERTAIN ELIGIBLE RE- Income Security Act of 1974 (29 U.S.C. National Apprenticeship Act (29 U.S.C. 50).’’ TIREMENT PLANS.—For purposes of applying the 1306(a)(3)) is amended— (c) DISTRIBUTIONS FOR QUALIFIED EDUCATION provisions of this subparagraph in determining (1) in clause (i), by striking ‘‘plan,’’ and in- LOAN REPAYMENTS.— amounts required to be distributed pursuant to serting ‘‘plan other than a CSEC plan (as de- (1) IN GENERAL.—Section 529(c) of such Code, this paragraph, all eligible retirement plans (as fined in section 210(f)(1))’’; as amended by subsection (a), is amended by defined in section 402(c)(8)(B), other than a de- (2) in clause (v), by striking ‘‘or’’ at the end; adding at the end the following new paragraph: fined benefit plan described in clause (iv) or (v) (3) in clause (vi), by striking the period at the ‘‘(9) TREATMENT OF QUALIFIED EDUCATION thereof or a qualified trust which is a part of a end and inserting ‘‘, or’’; and LOAN REPAYMENTS.— defined benefit plan) shall be treated as a de- (4) by adding at the end the following new ‘‘(A) IN GENERAL.—Any reference in this sub- fined contribution plan.’’. clause: section to the term ‘qualified higher education (2) DEFINITION OF ELIGIBLE DESIGNATED BENE- ‘‘(vii) in the case of a CSEC plan (as defined expense’ shall include a reference to amounts FICIARY.—Section 401(a)(9)(E) of such Code is in section 210(f)(1)), for plan years beginning paid as principal or interest on any qualified amended to read as follows: after December 31, 2018, for each individual who education loan (as defined in section 221(d)) of ‘‘(E) DEFINITIONS AND RULES RELATING TO is a participant in such plan during the plan the designated beneficiary or a sibling of the DESIGNATED BENEFICIARY.—For purposes of this year an amount equal to the sum of— designated beneficiary. paragraph— ‘‘(i) DESIGNATED BENEFICIARY.—The term ‘des- ‘‘(I) the additional premium (if any) deter- ‘‘(B) LIMITATION.—The amount of distribu- mined under subparagraph (E), and tions treated as a qualified higher education ex- ignated beneficiary’ means any individual des- ‘‘(II) $19.’’. pense under this paragraph with respect to the ignated as a beneficiary by the employee. ‘‘(ii) ELIGIBLE DESIGNATED BENEFICIARY.—The (b) VARIABLE RATE PREMIUM.— loans of any individual shall not exceed $10,000 term ‘eligible designated beneficiary’ means, (1) UNFUNDED VESTED BENEFITS.— (reduced by the amount of distributions so treat- with respect to any employee, any designated (A) IN GENERAL.—Subparagraph (E) of section ed for all prior taxable years). 4006(a)(3) of the Employee Retirement Income beneficiary who is— ‘‘(C) SPECIAL RULES FOR SIBLINGS OF THE DES- ‘‘(I) the surviving spouse of the employee, Security Act of 1974 (29 U.S.C. 1306(a)(3)) is IGNATED BENEFICIARY.— amended by adding at the end the following ‘‘(II) subject to clause (iii), a child of the em- ‘‘(i) SEPARATE ACCOUNTING.—For purposes of ployee who has not reached majority (within new clause: subparagraph (B) and subsection (d), amounts ‘‘(v) For purposes of clause (ii), in the case of the meaning of subparagraph (F)), treated as a qualified higher education expense ‘‘(III) disabled (within the meaning of section a CSEC plan (as defined in section 210(f)(1)), with respect to the loans of a sibling of the des- 72(m)(7)), the term ‘unfunded vested benefits’ means, for ignated beneficiary shall be taken into account ‘‘(IV) a chronically ill individual (within the plan years beginning after December 31, 2018, with respect to such sibling and not with respect meaning of section 7702B(c)(2), except that the the excess (if any) of— to such designated beneficiary. requirements of subparagraph (A)(i) thereof ‘‘(I) the funding liability of the plan as deter- ‘‘(ii) SIBLING DEFINED.—For purposes of this shall only be treated as met if there is a certifi- mined under section 306(j)(5)(C) for the plan paragraph, the term ‘sibling’ means an indi- cation that, as of such date, the period of in- year by only taking into account vested bene- vidual who bears a relationship to the des- ability described in such subparagraph with re- fits, over ignated beneficiary which is described in section spect to the individual is an indefinite one ‘‘(II) the fair market value of plan assets for 152(d)(2)(B).’’. which is reasonably expected to be lengthy in the plan year which are held by the plan on the (2) COORDINATION WITH DEDUCTION FOR STU- nature), or valuation date.’’. DENT LOAN INTEREST.—Section 221(e)(1) of such ‘‘(V) an individual not described in any of the (B) CONFORMING AMENDMENT.—Clause (iii) of Code is amended by adding at the end the fol- preceding subclauses who is not more than 10 section 4006(a)(3)(E) of such Act (29 U.S.C. lowing: ‘‘The deduction otherwise allowable years younger than the employee. 1306(a)(3)(E)) is amended by striking ‘‘For pur- under subsection (a) (prior to the application of ‘‘(iii) SPECIAL RULE FOR CHILDREN.—Subject to poses’’ and inserting ‘‘Except as provided in subsection (b)) to the taxpayer for any taxable subparagraph (F), an individual described in clause (v), for purposes’’. year shall be reduced (but not below zero) by so clause (ii)(II) shall cease to be an eligible des- (2) APPLICABLE DOLLAR AMOUNT.— much of the distributions treated as a qualified ignated beneficiary as of the date the individual (A) IN GENERAL.—Paragraph (8) of section higher education expense under section 529(c)(9) reaches majority and any remainder of the por- 4006(a) of such Act (29 U.S.C. 1306(a)) is amend- with respect to loans of the taxpayer as would tion of the individual’s interest to which sub- ed by adding at the end the following new sub- be includible in gross income under section paragraph (H)(ii) applies shall be distributed paragraph: 529(c)(3)(A) for such taxable year but for such within 10 years after such date. ‘‘(E) CSEC PLANS.—In the case of a CSEC ‘‘(iv) TIME FOR DETERMINATION OF ELIGIBLE plan (as defined in section 210(f)(1)), the appli- treatment.’’. (e) EFFECTIVE DATES.—The amendments made DESIGNATED BENEFICIARY.—The determination cable dollar amount shall be $9.’’. of whether a designated beneficiary is an eligi- (B) CONFORMING AMENDMENT.—Subparagraph by this section shall apply to distributions made ble designated beneficiary shall be made as of (A) of section 4006(a)(8) of such Act (29 U.S.C. after December 31, 2018. the date of death of the employee.’’. TITLE IV—REVENUE PROVISIONS 1306(a)(8)) is amended by striking ‘‘(B) and (C)’’ (3) EFFECTIVE DATES.— and inserting ‘‘(B), (C), and (E)’’. SEC. 401. MODIFICATION OF REQUIRED DIS- (A) IN GENERAL.—Except as provided in this TITLE III—OTHER BENEFITS TRIBUTION RULES FOR DESIGNATED paragraph and paragraphs (4) and (5), the BENEFICIARIES. SEC. 301. BENEFITS PROVIDED TO VOLUNTEER amendments made by this subsection shall apply FIREFIGHTERS AND EMERGENCY (a) MODIFICATION OF RULES WHERE EM- to distributions with respect to employees who MEDICAL RESPONDERS. PLOYEE DIES BEFORE ENTIRE DISTRIBUTION.— die after December 31, 2019. (a) INCREASE IN DOLLAR LIMITATION ON (1) IN GENERAL.—Section 401(a)(9) of the In- (B) COLLECTIVE BARGAINING EXCEPTION.—In QUALIFIED PAYMENTS.—Subparagraph (B) of ternal Revenue Code of 1986 is amended by add- the case of a plan maintained pursuant to 1 or section 139B(c)(2) of the Internal Revenue Code ing at the end the following new subparagraph more collective bargaining agreements between of 1986 is amended by striking ‘‘$30’’ and insert- ‘‘(H) SPECIAL RULES FOR CERTAIN DEFINED employee representatives and 1 or more employ- ing ‘‘$50’’. CONTRIBUTION PLANS.—In the case of a defined ers ratified before the date of enactment of this (b) EXTENSION.—Section 139B(d) of the Inter- contribution plan, if an employee dies before the Act, the amendments made by this subsection nal Revenue Code of 1986 is amended by striking distribution of the employee’s entire interest— shall apply to distributions with respect to em- ‘‘beginning after December 31, 2010.’’ and insert- ‘‘(i) IN GENERAL.—Except in the case of a ben- ployees who die in calendar years beginning ing ‘‘beginning— eficiary who is not a designated beneficiary, after the earlier of— ‘‘(1) after December 31, 2010, and before Janu- subparagraph (B)(ii)— (i) the later of— ary 1, 2020, or ‘‘(I) shall be applied by substituting ‘10 years’ (I) the date on which the last of such collec- ‘‘(2) after December 31, 2020.’’. for ‘5 years’, and tive bargaining agreements terminates (deter- (c) EFFECTIVE DATE.—The amendments made ‘‘(II) shall apply whether or not distributions mined without regard to any extension thereof by this section shall apply to taxable years be- of the employee’s interests have begun in ac- agreed to on or after the date of the enactment ginning after December 31, 2019. cordance with subparagraph (A). of this Act), or

VerDate Sep 11 2014 03:15 May 24, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A23MY7.001 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4135 (II) December 31, 2019, or (i) pursuant to any amendment made by this or disclosure for purposes of administering such (ii) December 31, 2021. section or pursuant to any regulation issued by section.’’. For purposes of clause (i)(I), any plan amend- the Secretary of the Treasury under this section (b) CONFORMING AMENDMENTS.—Paragraph ment made pursuant to a collective bargaining or such amendments; and (4) of section 6103(p) of the Internal Revenue agreement relating to the plan which amends (ii) on or before the last day of the first plan Code of 1986 is amended by striking ‘‘or the plan solely to conform to any requirement year beginning after December 31, 2021, or such (o)(1)(A)’’ each place it appears and inserting ‘‘, added by this section shall not be treated as a later date as the Secretary of the Treasury may (o)(1)(A), or (o)(3)’’. termination of such collective bargaining agree- prescribe. TITLE V—TAX RELIEF FOR CERTAIN ment. In the case of a governmental or collectively CHILDREN (C) GOVERNMENTAL PLANS.—In the case of a bargained plan to which subparagraph (B) or SEC. 501. MODIFICATION OF RULES RELATING TO governmental plan (as defined in section 414(d) (C) of subsection (a)(4) applies, clause (ii) shall THE TAXATION OF UNEARNED IN- of the Internal Revenue Code of 1986), subpara- be applied by substituting the date which is 2 COME OF CERTAIN CHILDREN. graph (A) shall be applied by substituting ‘‘De- years after the date otherwise applied under (a) IN GENERAL.—Section 1(j) of the Internal cember 31, 2021’’ for ‘‘December 31, 2019’’. such clause. Revenue Code of 1986 is amended by striking (4) EXCEPTION FOR CERTAIN EXISTING ANNUITY (B) CONDITIONS.—This subsection shall not paragraph (4). CONTRACTS.— apply to any amendment unless— (b) COORDINATION WITH ALTERNATIVE MIN- (A) IN GENERAL.—The amendments made by (i) during the period— IMUM TAX.—Section 55(d)(4)(A) of the Internal this subsection shall not apply to a qualified an- (I) beginning on the date the legislative or Revenue Code of 1986 is amended by striking nuity which is a binding annuity contract in ef- regulatory amendment described in paragraph ‘‘and’’ at the end of clause (i)(II), by striking fect on the date of enactment of this Act and at (1)(A) takes effect (or in the case of a plan the period at the end of clause (ii)(III) and in- all times thereafter. amendment not required by such legislative or serting ‘‘, and’’, and by adding at the end the (B) QUALIFIED ANNUITY.—For purposes of this regulatory amendment, the effective date speci- following new clause: paragraph, the term ‘‘qualified annuity’’ means, fied by the plan); and ‘‘(iii) subsection (j) of section 59 shall not with respect to an employee, an annuity— (II) ending on the date described in subpara- apply.’’. (i) which is a commercial annuity (as defined graph (A)(ii) (or, if earlier, the date the plan (c) EFFECTIVE DATE.— in section 3405(e)(6) of the Internal Revenue amendment is adopted), (1) IN GENERAL.—Except as otherwise provided Code of 1986); in this subsection, the amendment made by sub- (ii) under which the annuity payments are the plan is operated as if such plan amendment section (a) shall apply to taxable years begin- made over the life of the employee or over the were in effect; and ning after December 31, 2018. joint lives of such employee and a designated (ii) such plan amendment applies retroactively (2) COORDINATION WITH ALTERNATIVE MIN- beneficiary (or over a period not extending be- for such period. IMUM TAX.—The amendment made by subsection yond the life expectancy of such employee or the SEC. 402. INCREASE IN PENALTY FOR FAILURE TO (b) shall apply to taxable years beginning after joint life expectancy of such employee and a FILE. December 31, 2017. designated beneficiary) in accordance with the (a) IN GENERAL.—The second sentence of sub- (3) ELECTIVE RETROACTIVE APPLICATION.—In section (a) of section 6651 of the Internal Rev- regulations described in section 401(a)(9)(A)(ii) the case of a taxpayer who elects the applica- enue Code of 1986 is amended by striking ‘‘$205’’ of such Code (as in effect before such amend- tion of this paragraph (at such time and in such and inserting ‘‘$400’’. ments) and which meets the other requirements manner as the Secretary of the Treasury (or the of section 401(a)(9) of such Code (as so in effect) (b) INFLATION ADJUSTMENT.—Section 6651(j)(1) of such Code is amended by striking ‘‘$205’’ and Secretary’s designee) may provide), the amend- with respect to such payments; and ment made by subsection (a) shall apply to tax- (iii) with respect to which— inserting ‘‘$400’’. able years beginning after December 31, 2017. (I) annuity payments to the employee have (b) EFFECTIVE DATE.—The amendments made begun before the date of enactment of this Act, by this section shall apply to returns the due The SPEAKER pro tempore. The bill, and the employee has made an irrevocable elec- date for which (including extensions) is after as amended, shall be debatable for 1 tion before such date as to the method and December 31, 2019. hour equally divided and controlled by amount of the annuity payments to the em- SEC. 403. INCREASED PENALTIES FOR FAILURE the chair and ranking minority mem- ployee or any designated beneficiaries; or TO FILE RETIREMENT PLAN RE- ber of the Committee on Ways and (II) if subclause (I) does not apply, the em- TURNS. Means. ployee has made an irrevocable election before (a) IN GENERAL.—Subsection (e) of section the date of enactment of this Act as to the meth- 6652 of the Internal Revenue Code of 1986 is The gentleman from Massachusetts od and amount of the annuity payments to the amended— (Mr. NEAL) and the gentleman from employee or any designated beneficiaries. (1) by striking ‘‘$25’’ and inserting ‘‘$250’’; Texas (Mr. BRADY) each will control 30 (5) EXCEPTION FOR CERTAIN BENEFICIARIES.— and minutes. (A) IN GENERAL.—If an employee dies before (2) by striking ‘‘$15,000’’ and inserting The Chair recognizes the gentleman the effective date, then, in applying the amend- ‘‘$150,000’’. from Massachusetts. ments made by this subsection to such employ- (b) ANNUAL REGISTRATION STATEMENT AND GENERAL LEAVE ee’s designated beneficiary who dies after such NOTIFICATION OF CHANGES.—Subsection (d) of date— section 6652 of the Internal Revenue Code of Mr. NEAL. Madam Speaker, I ask (i) such amendments shall apply to any bene- 1986 is amended— unanimous consent that all Members ficiary of such designated beneficiary; and (1) by striking ‘‘$1’’ both places it appears in may have 5 legislative days in which to (ii) the designated beneficiary shall be treated paragraphs (1) and (2) and inserting ‘‘$10’’; revise and extend their remarks and to as an eligible designated beneficiary for pur- (2) by striking ‘‘$5,000’’ in paragraph (1) and insert extraneous material on H.R. poses of applying section 401(a)(9)(H)(ii) of the inserting ‘‘$50,000’’; and Internal Revenue Code of 1986 (as in effect after 1994. (3) by striking ‘‘$1,000’’ in paragraph (2) and The SPEAKER pro tempore. Is there such amendments). inserting ‘‘$10,000’’. (B) EFFECTIVE DATE.—For purposes of this (c) FAILURE TO PROVIDE NOTICE.—Subsection objection to the request of the gen- paragraph, the term ‘‘effective date’’ means the (h) of section 6652 of the Internal Revenue Code tleman from Massachusetts? first day of the first calendar year to which the of 1986 is amended— There was no objection. amendments made by this subsection apply to a (1) by striking ‘‘$10’’ and inserting ‘‘$100’’; Mr. NEAL. Madam Speaker, I yield plan with respect to employees dying on or after and myself such time as I may consume. such date. (2) by striking ‘‘$5,000’’ and inserting (b) PROVISIONS RELATING TO PLAN AMEND- Madam Speaker, I rise in support of ‘‘$50,000’’. MENTS.— H.R. 1994, the Setting Every Commu- (d) EFFECTIVE DATE.—The amendments made (1) IN GENERAL.—If this subsection applies to nity Up for Retirement Enhancement any plan amendment— by this section shall apply to returns, state- Act, or the SECURE Act. This is the (A) such plan shall be treated as being oper- ments, and notifications required to be filed, and notices required to be provided, after De- most substantive promotion of retire- ated in accordance with the terms of the plan ment savings in the last 15 years, and during the period described in paragraph cember 31, 2019. (2)(B)(i); and SEC. 404. INCREASE INFORMATION SHARING TO we all should be pleased that we are (B) except as provided by the Secretary of the ADMINISTER EXCISE TAXES. part of it this morning. Treasury, such plan shall not fail to meet the (a) IN GENERAL.—Section 6103(o) of the Inter- One of my priorities since becoming requirements of section 411(d)(6) of the Internal nal Revenue Code of 1986 is amended by adding chairman of the Ways and Means Com- Revenue Code of 1986 and section 204(g) of the at the end the following new paragraph: mittee has been helping American Employee Retirement Income Security Act of ‘‘(3) TAXES IMPOSED BY SECTION 4481.—Re- workers of all ages prepare for a finan- 1974 by reason of such amendment. turns and return information with respect to cially secure retirement, so I am par- (2) AMENDMENTS TO WHICH SUBSECTION AP- taxes imposed by section 4481 shall be open to ticularly pleased to be bringing this PLIES.— inspection by or disclosure to officers and em- (A) IN GENERAL.—This subsection shall apply ployees of United States Customs and Border legislation to the floor this morning. to any amendment to any plan or which is Protection of the Department of Homeland Secu- I also am very proud of the fact that made— rity whose official duties require such inspection I was able to collaborate with Ranking

VerDate Sep 11 2014 02:31 May 24, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.001 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4136 CONGRESSIONAL RECORD — HOUSE May 23, 2019 Member KEVIN BRADY and our Repub- tax law, the amount of tax imposed on this year when Chairman NEAL reached lican colleagues in drafting this legis- survivor benefits for children of vet- out to say he was committed to getting lation. Both Republicans and Demo- erans, Active Duty servicemembers, retirement-focused legislation signed crats have wins in this bill, and I would and emergency personnel increased sig- into law this year. This area, retire- like to thank Mr. BRADY this morning nificantly. ment savings, is one that Chairman for all of his hard work in helping me This bill eliminates that tax increase NEAL has worked on for much of his ca- to write this legislation. by repealing those changes. It also reer. Unfortunately, currently, Americans makes sure that all similar payments, Right away, he and I, and many face a retirement income crisis with like Tribal government payments to members of our committee worked to- too many people in danger of not hav- children, payments out of the Alaska gether to develop the Setting Every ing enough in retirement to maintain Permanent Fund, and certain scholar- Community Up for Retirement En- their standard of living and avoid slid- ships and fellowship grants will not be hancement Act, the SECURE Act, we ing into poverty. subject to this unexpected and unfair debate today. Social Security benefits are modest; tax treatment. The SECURE Act builds well on the employer-sponsored pensions are dis- These fixes could not have been ac- work that Republicans have cham- appearing; and too many people find it complished without Mrs. LURIA’s lead- pioned throughout this Congress and difficult to save for retirement. Ac- ership on behalf of our troops, along the last. Our bipartisan legislation cording to a recent study, one-third of with many Members on both sides of makes it easier for Main Street busi- American workers believe that they the aisle who supported her efforts. nesses to offer retirement plans for will either face a significant financial We should recognize Ms. MOORE’s their workers by making it simpler, hardship during retirement or, in fact, leadership on Tribal payments and Mr. easing administrative burdens, and will never retire. And the 2018 study HORSFORD’s leadership on the scholar- cutting down on unnecessary and often found that almost two-thirds of work- ship issue. costly paperwork. We make it easier for them to join ers have no retirement account assets. I am very proud that we were able to put together a bill that will help Amer- together to pool their resources to b 0915 ican families prepare for a financially offer these plans. We offer local busi- The SECURE Act, which the Ways secure retirement, and that it was done nesses the flexibility to tailor retire- and Means Committee approved with on a bipartisan basis, which we will ac- ment plans to best fit their workers, unanimous, bipartisan votes, goes a knowledge as the morning moves on, not necessarily what Washington may long way in addressing this problem by with significant stakeholder support. need. Additionally, our reforms help Amer- making it easier for Americans to save. Madam Speaker, I urge my col- icans not only save earlier in their ca- For example, the SECURE Act in- leagues to support H.R. 1994, the SE- reers, but it helps families save longer, cludes a small employer automatic en- CURE Act, and I reserve the balance of as well. rollment credit. Automatic enrollment my time. is shown to increase employee partici- We know for a fact that people are Mr. BRADY. Madam Speaker, I yield choosing to work longer today than in pation and retirement savings opportu- myself as much time as I may con- nities. Our bill creates a new tax credit previous generations. Our Tax Code sume. should reflect that, which is why we of up to $500 per year for employers to Madam Speaker, for nearly 2 years, make smart, needed changes to reflect defray the startup costs for new 401(k) Republicans have been advocating for plans that include automatic enroll- today’s workforce. policies that help our families and First, the age limit for contributing ment. Main Street businesses save more and to IRAs is removed, as it should be. The SECURE Act also increases the save earlier for the future. Second, we increase the minimum age for required minimum distribu- Following the historic rewrite of our age for forcing people to spend their tions from 701⁄2 to 72. This age hasn’t Tax Code, Republicans knew the Tax savings from 701⁄2 to 72 years of age. My been adjusted since the 1960s. With Cuts and Jobs Act was only step one. hope is, someday, we can we remove it Americans working longer, this will We knew that we changed the trajec- completely. We want Americans to encourage them to continue saving. tory of our economy with our reforms. save throughout their lifetime and use The SECURE Act also allows long- Today in America, we are growing 50 those savings when they need it most, term, part-time employees to partici- percent faster than the Obama admin- not when Washington needs it. pate in their employer’s 401(k) plans. istration projected. Wages are surging This legislation is prowork and, Women are more likely to work part- for blue-collar workers and low-income equally as important, our bill is also time than men, so this legislation is workers for the first time in a decade, profamily. particularly important for women. and our job market continues to be the For the first time, we allow what we Madam Speaker, I thank Representa- envy of the world. call the new baby savings provision. We tive MURPHY for her leadership here. These are all encouraging signs, and allow parents to access their own re- The bill would also make it easier for Republicans are committed to building tirement accounts on a penalty-free small businesses to offer retirement on this success for years to come, basis to use when welcoming a new plans to their employees by elimi- which is why last year, we set out to child into their homes, whether by nating outdated barriers to the use of change the culture in Washington, birth or adoption. This works well for multiple employer plans. As a result of where we only do, it seems, tax reform working parents and stay-at-home par- this provision, it is estimated that once a generation. ents, as well. It is allowed to be used 600,000 to 700,000 new retirement oppor- In Tax Reform 2.0, we passed three for the things you need, whether it is tunities will be formed. bills that offered permanent tax relief medical equipment, medical expenses, All of these are important, common- for families and small businesses, or if you need to spend time at home sense proposals that will improve our sparked American innovation, and with your new child in those opening retirement system. went further and enhanced retirement weeks. We know all that is so impor- I also note that this bill has tremen- and savings vehicles for our workers tant. dous support from a diverse group of and our local, mainstream businesses. The bill also expands 529 plans to stakeholders: AARP, SEIU, the Wom- That effort, the Family Savings Act, make sure you can use, tax-free, your en’s Institute for a Secure Retirement, was led by Representative MIKE KELLY. savings for apprenticeships or to pay Church Alliance, the Girl Scouts, the Those reforms passed on a bipartisan down college debt. Boy Scouts, and the National Rural basis, and our retirement proposals Our legislation lowers taxes for Gold Electric Cooperative. passed the U.S. House of Representa- Star families, ensuring that children of Finally, Madam Speaker, I want to tives not once but twice. our fallen heroes have the certainty highlight a provision that fixes an ur- Unfortunately, time ran out on the they deserve. This provision was first gent problem affecting children of our calendar before we were able to get made public in 2014 in a draft that was fallen troops and first responders. Due these reforms to the President’s desk. widely praised by Democrats and Re- to changes included in the Republicans’ But I was greatly encouraged earlier publicans alike.

VerDate Sep 11 2014 02:31 May 24, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.005 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4137 It was brought to us by the Joint Madam Speaker, I reserve the bal- chairman of the Subcommittee on Se- Committee on Taxation to make it ance of my time. lect Revenue Measures. simpler for families to file their kids’ Mr. NEAL. Madam Speaker, I include Mr. THOMPSON of California. taxes and also to close some tax loop- in the RECORD a letter from the Church Madam Speaker, I thank the gen- holes for the wealthy. Unfortunately, Alliance. tleman for yielding. over 5 years, with scrutiny by both par- CHURCH ALLIANCE, Madam Speaker, I rise in strong sup- ties, tax experts, and the Joint Com- April 1, 2019. port of the SECURE Act. I thank the mittee on Taxation, we still did not see Hon. RICHARD NEAL, chairman, Mr. NEAL, and Speaker one unintended consequence. Chairman, House Committee on Ways and PELOSI for their leadership on this im- In this bill, we worked together, Re- Means, Washington, DC. portant bill. publicans and Democrats, to make sure Hon. KEVIN BRADY, America is facing a retirement crisis. we honor our Gold Star families. Ranking Member, House Committee on Ways Nearly half of all the people in Amer- The time is right for these reforms. and Means, Washington, DC. Hon. RON KIND, ica do not have any money saved for Workers’ paychecks are rising; infla- House of Representatives, retirement. The SECURE Act before us tion is low; and businesses are expand- Washington, DC. today helps fix that. ing. What better opportunity to help Hon. MIKE KELLY, I am glad we could reach this bipar- folks save for the future? House of Representatives, tisan solution to make it easier for Chairman NEAL deserves a great deal Washington, DC. workers, including home healthcare of credit. The bill we brought to the DEAR CHAIRMAN NEAL, RANKING MEMBER workers in California, to take advan- Rules Committee earlier this week BRADY, CONGRESSMAN KIND AND CONGRESS- tage of important retirement savings MAN KELLY: The Church Alliance expresses cleared our committee nearly unani- tools. mously. Members of the Progressive our deep gratitude for inclusion of a provi- sion to clarify that all church-affiliated or- As a combat veteran and the father Caucus, Freedom Caucus, New Demo- ganizations are able to participate in church of two first responders, I understand crats, Problem Solvers, and Republican 403(b)(9) retirement plans in the recently in- how important it is that this bill also Study Committee, we all voted ‘‘yes’’ troduced Setting Every Community up for reverses the harmful tax hikes included on these reforms. Retirement Enhancement (SECURE) Act of in the Republican tax bill on survivor This is a rare occurrence in Wash- 2019 (H.R. 1994). We are grateful for the tre- benefits. Hiking taxes on Gold Star ington, and it speaks to what a com- mendous bipartisan work that has been done families and families of first respond- over the past several years on retirement re- mittee can accomplish when we work ers is unjust, and it insults how sacred together on reforms to positively im- form, and are hopeful Congress will swiftly pass this legislation to ensure retirement se- these benefits are. It is just plain pact our families and economy. wrong. This bill reverses that harmful I have to admit, it is incredibly trou- curity for clergy, lay workers and their fami- provision. bling that special interests—in this lies across the United States. The Church Alliance is a coalition of the Madam Speaker, I thank Congress- case, teachers unions—forced changes chief executive officers of 37 church benefits woman LURIA for her leadership in this on our bipartisan bill for absolutely no boards which are affiliated with mainline effort. good reason at the eleventh hour. and evangelical Protestant denominations, These special interest groups forced Madam Speaker, I ask that all my three Jewish groups, and some Catholic colleagues join me in support of this Democrats to block two provisions. schools and institutions. Church Alliance One allows parents to use their edu- members provide employee benefits to ap- very important bill. cational savings tax-free for the ex- proximately one million clergy, lay workers, Mr. BRADY. Madam Speaker, I yield penses of homeschooling. Nearly 2.5 and their families, serving over 155,000 3 minutes to the gentleman from Penn- million families use parent-centered, churches, synagogues, and affiliated organi- sylvania (Mr. KELLY), who has helped child-centered homeschooling as the zations such as schools, colleges and univer- lead many of these retirement reforms. sities, nursing homes, children’s homes, best way for their children to reach Mr. KELLY of Pennsylvania. Madam homeless shelters, food banks, and other Speaker, I thank Ranking Member their potential. It is all types of Ameri- ministries. BRADY for yielding. I am so used to cans and becoming more mainstream. Section 110 of the SECURE Act seeks to It is Christians and Jews and Muslims. clarify a recent positron by the Treasury De- calling him chairman, but I look across It is all races. It is parents whose kids partment and IRS to disregard more than 30 the aisle to my great friend RICHARD are exceptionally bright and parents years of practice, precedent, and clear statu- NEAL, who is chairman right now, and whose kids have learning disabilities tory language to bar employees of certain I thank him so much for bringing this and severe special needs. That is why church-affiliated organizations from partici- up today. pating in retirement income account plans Madam Speaker, I enter into the that was in the bill. offered under section 403(b)(9) of the Tax The second provision that was RECORD a letter in support of the SE- Code. As a result, employees of church-re- CURE Act from AARP. blocked would allow families with kids lated nursing homes, daycare centers, sum- in grades kindergarten through 12 to mer camps, preschools, colleges, univer- AARP, use savings for books, tutors, and edu- sities, hospitals, and other social service or- May 22, 2019. cational therapies for students who ganizations stand to lose access to the DEAR REPRESENTATIVE: On behalf of our may need it, such as those with learn- unique plan features they have come to de- nearly 38 million members and all older Americans, AARP supports the Setting ing disabilities. How many of us in this pend upon. In addition, the Treasury and IRS position would cause church 403(b)(9) plans Every Community Up for Retirement Act of Chamber have kids with special needs 2019 (SECURE Act). and learning disabilities, some with to incur significant transition costs, which would unfortunately siphon resources away The SECURE Act contains a number of mental and physical challenges? This from our core mission of supporting clergy provisions that will improve both access and would have allowed our parents to save and church lay workers and lead to higher levels of coverage in employer-sponsored re- tax-free and to help their kids with the costs for these plan participants. tirement savings plans. The legislation special tools they need to reach their We are encouraged by the introduction of would enhance tax credits for employers that full potential. the SECURE Act and its upcoming markup offer retirement plans with automatic en- rollment and encourage more adequate de- I want to talk a little more about on April 2. We hope the House votes on pas- sage of this important legislation as soon as ferral amounts. The legislation would also this in the future, but my bottom line make it easier for small businesses to offer is that backdoor deals made in the possible. On behalf of the Church Alliance, thank you for your consideration of and at- employees an automatic savings option dead of night without bipartisan tention to this important matter. We look through a multiple employer pension plan— knowledge or support are not the way forward to continuing to work with you to a single plan in which a pooled provider as- to do business. promote the retirement security of people of sumes the primary fiduciary duties, making Nonetheless, as we begin the debate faith nationwide. it easier for smaller employers to join to- on this bill, I am very encouraged by Sincerely, gether to offer a retirement plan to their workers. the underlying bill we have in front of JAMES F. (JIM) SANFT, Chair of the Church Alliance. Another important component of the SE- us. It will greatly benefit our workers. CURE Act is the expansion of access to re- It deserves strong support, and I am Mr. NEAL. Madam Speaker, I yield 1 tirement savings plans for part-time work- asking my colleagues on both sides of minute to the gentleman from Cali- ers. There are more than 27 million part- the aisle to support these reforms. fornia (Mr. THOMPSON), who is the time workers in the U.S., including more

VerDate Sep 11 2014 03:38 May 24, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.007 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4138 CONGRESSIONAL RECORD — HOUSE May 23, 2019 than seven million Americans age 55 and sions to the Gold Star program. So if ployer Charity’’ defined benefit pension older. According to AARP research, 38 per- something was wrong, we made it plans, i.e., plans covering multiple charities cent of those age 25 to 49 and 26 percent of right. or rural cooperatives (‘‘CSEC Plans’’) by in- those age 50 to 64 who work part-time do so The 529 programs give people the op- cluding critical provisions of H.R. 1007, the because of caregiving responsibilities—either portunity to actually save and allocate ‘‘Retirement Enhancement and Savings Act’’ for children or an adult loved one. Helping and H.R. 1993, the ‘‘Providing Retirement Se- these workers save for retirement through a money for the education of their chil- curity to Workers in Small Businesses, Co- workplace savings plan would be important dren. operatives, and Service Organizations Act’’ for their long-term financial security. The b 0930 championed by Reps. Kind and Kelly. bill would be especially helpful to both care- Our core missions are to provide food, elec- givers and older workers who shift from full- It may not be in a 4-year college. tricity, broadband, and other necessities of time to part time status. Maybe it is a vocational opportunity. The bill would also give workers more in- But it is there. It is their money, and life, educate and empower children, care for formation to prepare for retirement as well the most vulnerable, and promote the sus- they should be able to use it the way tainable development of the communities in as protections to safeguard their hard-earned they want to use it. savings. It would require that workers’ ben- which our millions of members, volunteers I just said earlier about it being prov- and beneficiaries live. However, current efit statements add a lifetime income disclo- idential, and I mean that sincerely. sure so that the statements show not just a PBGC rules designed for large ‘‘single-em- lump sum, but the monthly value of their There will be a few times today that ployer’’ for-profit companies inappropriately savings at retirement. Seniors would also be the American people will look at us require us to divert scarce resources from able to delay the required draw down of re- and say: They really have our best in- our core missions. These bills fix this in- tirement savings until age 72, giving them terests at heart. They really go to equity permanently. more time to accumulate savings. The bill work every day thinking that they are The same facts that led Congress to adjust would also clarify rules on how employers not representing themselves but rep- funding rules for CSEC Plans in 2014 strongly and plans may select appropriate lifetime in- resenting us, the American people. support adjusting PBGC premiums charged come payments. It is important to retain When I look at this piece of legisla- to CSEC Plans today. (See Cooperative and strong fiduciary law protections that ensure tion, I know how hard we worked with Small Employer Charity Pension Flexibility all retirement plan decisions, including for Act of 2014 (Pub. L. No. 113–97). It does not pooled plans and annuity selections, are the chairman to get it through in the make sense for CSEC Plans to be subject to made solely in the interest of participants past sessions. We almost got it there premiums designed for large ‘‘single-em- and beneficiaries. but didn’t quite get it there. ployer’’ for-profit companies. We urge you to vote YES on the SECURE Madam Speaker, I say to Chairman It’s time to stop forcing charities and not- Act, and look forward to working with you NEAL, we are getting there. We are get- to enact legislation to enhance the ability of for-profit cooperatives to subsidize the PBGC American workers to save for a secure retire- ting there. And I say to Mr. KIND, we premiums of large ‘‘single-employer’’ compa- ment. If you have any questions, please feel are getting there. nies. PBGC’s own data supports reducing free to call me, or have your staff contact I just think that it is such a fantastic premiums for CSEC Plans; in fact, PBGC Michele Varnhagen on our Government Af- opportunity to show the American peo- projects making more than a 3,000 percent fairs staff. ple who we really are and what we real- return on CSEC plans for the 2014–2018 pe- Sincerely, ly do and where our hearts really lie. riod. NANCY A. LEAMOND, There are so many people who Congress should include these provisions in Executive Vice President and worked on this. Also, the staff. I thank any retirement package sent to the Presi- Chief Advocacy and Engagement Officer. Kara for doing the work that she has dent’s desk. Mr. KELLY of Pennsylvania. Madam done. I always call her my girl Friday. Girl Scouts of the USA; UJA—Federation Speaker, this is an unusual day. In In our office, Lori Prater. They all of New York, Inc.; National Rural Electric many cases, it is providential, as we work so closely together. I wish the Cooperative Assoc.; Boy Scouts of America; look on the eve of the time that we American people could see the camara- United Benefits Group; NTCA—The Rural take to honor our fallen war dead. Broadband Association; The Jewish Federa- derie, could see how well we work to- tions of North America; Christian Schools Some people confuse it with the be- gether, and could understand that our ginning of summer or the opening of International; Jewish United Fund/Jewish concerns and their concerns are the Federation of Metropolitan Chicago; Hawk- our swimming pools. It has nothing to same. eye Insurance Association; National Council do with that. I am saying today that the SECURE of Farmer Cooperatives. But the fact that we can talk today Act gives us that opportunity. The about the SECURE Act—and when you Mr. NEAL. Madam Speaker, I ac- time for the American people and re- knowledge the good work that Mr. talk about ‘‘secure,’’ what does ‘‘se- tired people is just beginning, and we cure’’ mean? It means giving you cer- KELLY and Mr. KIND did on one very have blue skies and strong winds on important amendment on this as well. tainty, making you assured, and mak- our backs. ing something reliable, something de- Madam Speaker, I wish everybody Madam Speaker, I yield 1 minute to pendable, something that is fixed, the best Memorial Day ever, and let’s the gentleman from New Jersey (Mr. something that is established, and not forget our fallen heroes. PASCRELL). something that is solid and sound. Mr. NEAL. Madam Speaker, that is Mr. PASCRELL. Madam Speaker, What we are doing today is acting in one of those moments when I didn’t the best interests of the American peo- after years and years of prior Con- mind the gentleman’s time running gresses thinking that tax policy was ple. We are doing it in the people’s over. House at a time when the rest of the giving cuts to the rich, this bill uses Madam Speaker, I include in the our Tax Code for some good. Nation looks at us and asks, ‘‘Isn’t RECORD a letter of support from diverse As the gentleman, my good friend there anything they can do together to coalitions across the country, includ- from Pennsylvania, just said, we can help the American people?’’ ing the Girl Scouts, the Jewish Federa- When I go home, I say, yes, there is. work together, we can walk and chew tion, the Boy Scouts of America, the I have a great friend from Wisconsin, gum at the same time, we can have Christian Schools International, The RON KIND, and we feel the same way. I oversight and have issues come up, and Rural Broadband Association, and the talked with Mr. BRADY about it, and we we join together for the American peo- National Council of Farmer Coopera- feel the same way. I have talked with ple. Whoever thinks otherwise doesn’t tives. Mr. NEAL about it, and we feel the know history and is not reading the pa- same way. APRIL 1, 2019. pers every day. Today’s effort is adding security in CHARITIES & CO-OPS ENDORSE ‘‘SECURE ACT’’ Retirement should be about one retirement years for every American, RETIREMENT PACKAGE—STOPS PBGC FROM the opportunity to go into those golden GROSSLY OVERCHARGING OUR PENSION thing: security. If you have spent your years with a little gold in their pockets PLANS life working your tail off, you have the so that they can get through it, giving We endorse the bipartisan ‘‘SECURE Act’’ right to be able to relax without fear. them peace of mind in being able to lay retirement package introduced by Ways & But, today, millions of Americans— Means Chairman Richard Neal (D-MA), millions—are afraid they are entering their heads on the pillows at night feel- Ranking Member Kevin Brady (R-TX), and ing safe and secure, knowing that they Reps. Ron Kind (D-WI) and Mike Kelly (R- or are in retirement and don’t have the have prepared for their retirements. PA). The ‘‘SECURE Act’’ stops the Pension resources they need to live. Many live There are many other pieces to this Benefit Guaranty Corp. (PBGC) from grossly on a Social Security check. They bill. We have talked about the provi- overcharging ‘‘Cooperative and Small Em- struggle to enjoy their best years.

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.003 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4139 Employees deserve benefits, and em- 130,000 homeschoolers in North Caro- children’s education and their unique ployers need incentives to provide lina and 1.6 million across the country. needs, no matter where they attend them. This legislation does both. It They deserve fairness, and their incred- school, whether it is public school, pri- provides flexibility to 401(k)s to give ible parents deserve our help. vate school, religious school, employees and small businesses better Sadly, Madam Speaker, that is not homeschool, and so on. access; it creates a tax credit for em- going to happen today. Otherwise, this Madam Speaker, I want to know, ployers; and it creates a tax credit for is a good bill, but it certainly could what is so controversial about helping employers that build automatic enroll- have been a better bill. families afford educational therapies ment plans. Mr. NEAL. Madam Speaker, I yield 1 for students with disabilities? What is The SPEAKER pro tempore. The minute to the gentleman from Illinois so controversial about making it easier time of the gentleman has expired. (Mr. DANNY K. DAVIS). to pay for tutoring, books, and stand- Mr. NEAL. Madam Speaker, I yield Mr. DANNY K. DAVIS of Illinois. ardized testing fees? an additional 30 seconds to the gen- Madam Speaker, when only 39 percent This is a missed opportunity to help tleman. of Americans have enough savings to families afford education costs no mat- Mr. PASCRELL. By passing this bill, cover an emergency costing $1,000 and ter where they send their children to we would finally repeal the maximum when 67 percent of Americans say that school, and it is a shame that partisan age for IRA contributions, something I they will outlive their retirement sav- politics is getting in the way of helping have worked on for many years. ings, the SECURE Act becomes a life- families everywhere. This bill cleared out of our com- saver. Mr. NEAL. Madam Speaker, I yield 1 mittee unanimously. That is pretty It becomes a lifesaver because it minute to the gentleman from Penn- rare. It is as rare as a unicorn. That makes it easier for small businesses to sylvania (Mr. EVANS). tells you how commonsense the bill is. offer retirement plans. It gives retire- Mr. EVANS. Madam Speaker, I thank I am glad that this bill eliminates an ment benefit opportunities to home the chairman of this strong, powerful unfair tax, a tax increase on the bene- healthcare workers, more than half of committee and the ranking member for fits of children and Gold Star military whom are women of color, working for leading this effort. Madam Speaker, I rise to offer my families that was caused by the tax bill extremely low pay. support for the SECURE Act. of 2017. This was a crushing blow to And I must take note of that, be- Making it easier for small businesses many families. cause these individuals are at the low to offer retirement savings plans is Madam Speaker, it is fitting that the end of not only quality of life but low vital. It is vital not only for the benefit House will make this fix before Memo- end of earnings. They now have an op- of these small firms but also the people rial Day. portunity for some serious consider- they employ, their families, and the I encourage my colleagues to support ation of retirement. communities they support. the SECURE Act. It creates a small employer auto- In my home State of Pennsylvania, Mr. BRADY. Madam Speaker, I am matic enrollment credit to make it we have nearly 1 million small busi- proud to yield 2 minutes to the gen- easier for workers to participate in nesses, employing 2.5 million workers, tleman from North Carolina (Mr. HOLD- 401(k) plans. accounting for 46.7 percent of the work- ING), a key member of the Ways and These are important changes. It is a force for the entire State. Small firms Means Committee. great bill, not just a good bill. account for 99.6 percent of my State’s Mr. HOLDING. Madam Speaker, this Madam Speaker, I strongly support employers. past Saturday, I had the great pleasure it, and I urge all my colleagues to do Small businesses are a vital part of of addressing a number of homeschool so. saving our middle neighborhoods in graduates in Cary, North Carolina, 55 Mr. BRADY. Madam Speaker, I am Philadelphia and across the country. of them, in fact. proud to yield 2 minutes to the gen- These are neighborhoods that are I was impressed by these students, tleman from Missouri (Mr. SMITH), a poised to tip either toward blight or and I was inspired by their parents, member of the Ways and Means Com- growth. By helping small businesses who have made so many sacrifices and mittee, who has been a champion for and their employees, the SECURE Act who have dedicated immeasurable time expanding education savings accounts would help to revitalize these middle to ensuring their kids get a good edu- for Americans. neighborhoods and help our economy cation. Mr. SMITH of Missouri. Madam grow from the ground up. Today, we were supposed to be voting Speaker, I rise today to speak about a Again, I thank the chairman and his on legislation that would help broken agreement and a missed oppor- leadership and the ranking member for homeschoolers. Tens of millions of tunity to help families save for their this action. Americans choose 529 savings plans to children’s education. Mr. BRADY. Madam Speaker, I am cover K–12 expenses. This money can be In April, the Ways and Means Com- very proud to yield 2 minutes to the used for public schools, private schools, mittee marked up this bill in a very bi- gentleman from Arizona (Mr. and religious schools, but it cannot be partisan manner. We heard ideas from SCHWEIKERT), a key member of our used to cover homeschool expenses. both sides of the aisle to help Ameri- committee who worked on this legisla- This bill was supposed to fix this in- cans save for the future and their re- tion. equity by enabling homeschool parents tirements. Mr. SCHWEIKERT. Madam Speaker, to use their 529 savings plans. This Like all good negotiations, there was to the committee chairman and, in my would help erase and ease the financial give and take. No side got everything world, the chairman for life, you have burden on homeschool parents and give they wanted, but we reached an agree- done great. homeschoolers the same opportunities ment where we could pass the bill It has been an interesting experience and resources enjoyed by other kids unanimously. In short, this is how the being in the minority, but we are who go to private and public schools. American people expect their govern- blessed. We have freaky-smart people As Chairman NEAL said, Republicans ment to work. on the committee. It works. Even when and Democrats on the Ways and Means Madam Speaker, unfortunately, it we disagree, at least the debate and the Committee came together, passed this became clear that this agreement was discussion is fairly highbrow. bill out of our committee. Then it went not in good faith. At the last minute, I, too, am concerned on the 529, more to the Rules Committee, and Demo- Democrats decided to undermine our so because of the flexibility and, being cratic leadership intervened. At the bipartisan work on the Ways and the daddy of a 31⁄2-year-old, not com- last minute, the bill was changed, and Means Committee and stripped out an pletely knowing if there are going to be the language ending this discrimina- issue many Republicans feel strongly any special needs coming, that choice. tion against homeschoolers was re- about: helping families afford everyday We should love and embrace the con- moved. K–12 education costs. cept of that flexibility to take care of Why would anyone object to ending Expanding 529 education savings ac- our little people. the wrongful discrimination against counts to cover common K–12 expenses I am very encouraged that there is homeschool families? There are over would help all families save for their movement towards incentivizing it and

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.011 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4140 CONGRESSIONAL RECORD — HOUSE May 23, 2019 making it easier, particularly for is an overall good policy that will en- help mitigate this crisis under the NAIC Re- smaller businesses, to offer access into courage Americans to save for retire- tirement Security Initiative. Given the retirement accounts. ment. unique products and features of our sector, We need to have the conversation— I am pleased that this bill makes it state insurance regulators have embraced a and it is uncomfortable for all of us— broader public policy responsibility to not easier for small businesses to join to- only ensure consumers remain protected by go a bit further. gether and offer retirement plans for a solvent industry, but to help foster an en- The amount of our society that is more Americans. It allows graduate vironment where they have greater flexi- now in independent-contractor rela- students and home healthcare workers bility and more options to take informed tionships, should we be allowed to use to save more for retirement. steps to secure their retirement. The SE- technology so that population also It includes a policy change to help CURE Act is aligned with the goals of this starts to have more and more savings Gold Star families. It also includes a initiative as it seeks to provide greater con- for the future? We just need to deal fix to the taxation of children’s un- sumer options for retirement plans. with it. That is where much of the earned income that will support Amer- Several of the provisions contained in the economy, in a demand economy, is SECURE Act also complement our own con- ican Indian Tribal youth and encourage sumer financial literacy and disclosure ef- going. them to pursue a college education, forts and will make it easier for consumers My last caveat—and I am voting for similar to the legislation that I helped to save for retirement. First, the legislation the bill. We have come a long ways. I introduce with my colleague from Wis- makes it easier for consumers to engage in a do worry a little bit about the special consin (Ms. MOORE). tax-free rollover of an annuity to another agreement on newspapers, only because Finally, this bill will allow 529 plans employer-sponsored retirement plan or IRA if we are truly worried about pro- to be used to pay for student loans and and avoid surrender charges and fees, mak- tecting workers into their retirement apprenticeship programs. ing these products more portable and pro- years, do we want to create more even As a former State treasurer of Kan- viding consumers more flexibility. Second, the bill would encourage plan participants to special, special, special small cutouts sas, I oversaw a 529 plan and under- think in terms of lifetime income by requir- where we are allowing the under- stand the importance of expanding ing benefit statements to break down the funding of a pension system? these plans for our families. That is total account balance into estimates of We just need to think that through a why I am disappointed that the man- monthly annuity income at least once a little more from an ethical standpoint. ager’s amendment removed good policy year. Third, the legislation makes it easier Do we keep creating carve-out after from this legislation that would have for ERISA plan sponsors to select companies carve-out after carve-out that creates a allowed 529 plans to help be used for ex- to offer annuity products by creating a safe fragility for that retired population? penses for K–12 education and to help harbor that relies on the conservative sol- vency regime of the state insurance regu- Even though we think we are helping special needs children. the businesses survive, we actually latory system, which is specifically designed Earlier this year, my Republican col- to ensure that an insurance company’s obli- hurt the future chances of those retir- leagues and I on the Ways and Means gations will be met both today and many ees getting their checks. We need to be Committee entered good faith negotia- years into the future. careful on that. tions with Chairman NEAL and our We applaud your leadership in this effort Mr. NEAL. Madam Speaker, I yield 1 Democratic colleagues to craft this to assist savers in making more-informed de- minute to the gentlewoman from Cali- bill. As a result, Republicans and cisions to prepare for their retirement and fornia (Ms. SA´ NCHEZ), who was very in- Democrats on the committee unani- allowing defined contribution plans to be- come a more effective vehicle for providing strumental in the provisions that will mously voted for the SECURE Act in simplify the Form 5500 filing process lifetime income. April. Sincerely, for small business. However, since that time, the other Ms. SA´ NCHEZ. Madam Speaker, I ERIC A. CIOPPA, side of the aisle played politics with NAIC President, Su- rise in support of the SECURE Act. I this legislation when it was before the perintendent, Maine thank Chairman RICHARD NEAL for his Rules Committee and removed those Bureau of Insur- tireless efforts to get this legislation additional 529 provisions that were ance. across the finish line. originally included to help special DAVID ALTMAIER, I have been proud to support versions NAIC Vice President, needs students. So, while I support to- of this bill for many years, and I am Commissioner, Flor- day’s bill and the policies that are still pleased that one of my bills has been ida Office of Insur- included, I sincerely hope that, moving included. My piece of this package of- ance Regulation. forward, we can stop playing politics fers a simple yet impactful way for MICHAEL F. CONSEDINE, with good pieces of legislation and Chief Executive Offi- small businesses across the country to work in a bipartisan manner and nego- cer, National Asso- better afford retirement plans for their tiate in good faith to produce legisla- ciation of Insurance employees. tion that will help the American peo- Commissioners. Too many Americans simply aren’t ple. RAYMOND G. FARMER, putting enough money away to ensure NAIC President-Elect, Mr. NEAL. Madam Speaker, I include a secure retirement. Today’s bill takes Director, South in the RECORD a letter of support for important steps to strengthen access Carolina Depart- the SECURE Act from the National As- to retirement security for hardworking ment of Insurance. sociation of Insurance Commissioners. DEAN L. CAMERON, Americans, and I am proud to have NAIC Secretary-Treas- contributed one piece to solving this NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, urer, Director, Idaho puzzle. May 7, 2019. Department of In- b 0945 Hon. RICHARD E. NEAL, surance. But we still have a lot of work to do. Chairman, Ways and Means Committee, House Mr. NEAL. Madam Speaker, I yield 1 of Representatives, Washington, DC. minute to the gentleman from Wis- I look forward to the passage of the Hon. KEVIN BRADY, SECURE Act today, and I am ready to consin (Mr. KIND), who was very instru- Ranking Member, Ways and Means Committee, mental in provisions which will help keep working on the Ways and Means House of Representatives, Washington, DC. Committee to continue addressing our DEAR CHAIRMAN NEAL AND RANKING MEM- small businesses sponsor retirement national retirement savings crisis. BER BRADY: On behalf of the National Asso- plans, including multiple-employer Madam Speaker, I again thank Chair- ciation of Insurance Commissioners (NAIC), plans. man NEAL. we would like to express our support for H.R. Mr. KIND. Madam Speaker, I thank Mr. BRADY. Madam Speaker, I am 1994, the Setting Every Community Up for the gentleman for yielding. proud to yield 2 minutes to the gen- Retirement Enhancement (SECURE) Act. I rise in strong support of the SE- Recognizing the retirement savings crisis CURE Act. This legislation is meant to tleman from Kansas (Mr. ESTES), one of that exists in the United States, state insur- our new members of the Ways and ance regulators have worked to make im- address one of the great gaps we have Means Committee. provements to regulation and guidance im- in retirement savings: employees in Mr. ESTES. Madam Speaker, I rise pacting product delivery, compliance, and small businesses, primarily affecting today in support of the SECURE Act. It innovation of insurance products designed to women, minorities, and young adults.

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.012 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4141 I want to thank the chairman and dividual Members to work together the SECURE Act will help more Ameri- the ranking member for their leader- with colleagues on a bipartisan basis. cans retire with dignity and piece of ship on the issue. I want to thank my Let’s not undermine that. mind. I urge its passage today. good friend MIKE KELLY for partnering Again, I will vote for this bill. It Mr. NEAL. Madam Speaker, I yield 1 with me throughout this process, along could have been a better bill, and I minute to the gentlewoman from with former colleagues Dave Reichert hope next time we can address the Washington (Ms. DELBENE), who was and Pat Tiberi, with whom I had a shortcomings, moving forward. very instrumental in the provisions chance to work on this issue in par- Mr. NEAL. Madam Speaker, I yield 1 providing pension funding relief for ticular. minute to the gentleman from Oregon community newspapers and home I also want to thank the Representa- (Mr. BLUMENAUER), chairman of the healthcare workers as they attempt to tive in the chair today, Representative Trade Subcommittee. maintain their retirement plans. ELAINE LURIA, our commander. She is Mr. BLUMENAUER. Madam Speaker, Ms. DELBENE. Madam Speaker, I the one who introduced the Gold Star I appreciate the gentleman’s courtesy, thank the chairman for yielding. fix. It was a mistake that was made in and I appreciate his moving forward on I rise today in support of the SE- the Tax Code that adversely affects the issue of retirement security, for CURE Act. It is time that we address survivor benefits for children of our which he has been a tireless champion. the retirement crisis in our country. fallen soldiers. We are facing a retirement crisis in The SECURE Act takes several im- It also fixes distributions to Native this country. Nearly half of households portant steps to make it easier for American children and to students who headed by someone 55 or older lack re- Americans to save for retirement, and receive scholarships and grants. I tirement savings. One of the many rea- one important example is helping pro- thank her for her leadership on it. sons they are not saving enough is lack vide retirement benefit opportunities This is a good, bipartisan, bicameral of access to retirement plans. This bill to home care workers. piece of legislation. I encourage my moves in that direction. Home care workers provide critical colleagues to support it. I appreciate it is going to increase services for the elderly and disabled. Mr. BRADY. Madam Speaker, I yield access to employer retirement plans Their service is vital to ensure that pa- 2 minutes to the gentleman from Ne- for people who work in small business tients under their care lead a dignified braska (Mr. SMITH). and part-time workers. life, and it is only right that they are Mr. SMITH of Nebraska. Madam Of particular interest to me is a pro- able to have a secure retirement. Speaker, I do want to say that I plan to vision in this bill that fixes a quirk in The SECURE Act fixes a tax inequity vote for this bill. I support the im- the current law that prevents many that unintentionally prohibits many provements it makes to savings and re- home care workers from participating home care workers from participating tirement, which have gained bipartisan in a 401(k) or saving with an individual in a 401(k) or contributing to an IRA. approval, both in the Senate and here retirement account, an IRA. If we do not pass the SECURE Act, in the House. I heard directly from home between 15,000 and 30,000 workers in my In particular, I appreciate hearing healthcare workers in Oregon about home State of Washington could be from agricultural cooperatives across this problem. I am pleased, working kicked out of their defined contribu- Nebraska’s Third District about the with the committee, we have been able tion plan. With passage of the SECURE importance to them of the language in to fix this quirk moving forward. I an- Act, home care workers will rightfully this bill reducing PBGC premiums for ticipate this is one of many bills that have the same opportunity to save for nonprofits. will be moving forward dealing with re- retirement as other workers. I am also incredibly pleased we are tirement security in America, and I I urge my colleagues to vote ‘‘yes.’’ moving quickly to address the Gold look forward to that progress. Mr. BRADY. Madam Speaker, I yield Star families tax issue and hope we can Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentlewoman from complete work on that problem as 2 minutes to the gentleman from Missouri (Mrs. WAGNER), a leader who quickly—if not more quickly—as the Michigan (Mr. WALBERG), who has has worked for working moms and our rest of the provisions in this bill. worked on retirement and pension veterans. I do have reservations and concerns issues for many years. Mrs. WAGNER. Madam Speaker, I about the process which got us here Mr. WALBERG. Madam Speaker, I thank my friend from Texas (Mr. and some provisions which are no thank my friend from Texas for yield- BRADY) for yielding me the time. longer in the bill. ing, and I thank him for his work. Madam Speaker, I rise today in sup- As we know, the bill was marked up Madam Chairman, I rise today in port of the SECURE Act. in the Ways and Means Committee on support of H.R. 1994, the Setting Every Over the last two decades, we have April 2. We reported it out unani- Community Up for Retirement En- made progress in helping Americans mously, a very bipartisan effort. It was hancement Act. save more for their retirement. U.S. re- moved out of committee by a voice I would like to thank Chairman NEAL tirement savings have increased from vote. and Ranking Member BRADY for their $11 trillion in 2001 to $28 trillion today. Prior to the markup, there were no leadership on this important piece of But we need to do more, especially in concerns raised about the provisions in legislation. this booming economy. the bill, provisions that would help For families in my district, putting This legislation will increase the families pay for the education of their away enough money for retirement is a number of workers with access to re- children, whether in home school or constant struggle. Now more than ever, tirement plans, encourage higher sav- public school. As we know, many ex- we need policies that empower workers ings rates, and enable older working penses come up for various reasons. to save more and save earlier for re- adults to save for a secure retirement. It is unfortunate that that took tirement. The SECURE Act is a commonsense, place, and I know that this wasn’t the I am pleased this legislation includes private-sector solution enabling Amer- first time. Actually, it was the second a provision I coauthored with my col- icans to save more for their retirement time in 2 weeks that we are here con- league from Delaware (Ms. BLUNT by expanding access for workers who sidering legislation that was a product ROCHESTER). Our bipartisan provision choose to participate in a workplace of bipartisan agreement in committee, clarifies rules surrounding annuity plan. It simultaneously preserves em- but it was altered before it came to the plans, making it possible for more em- ployer choice and competition. House. It is very unfortunate. ployers to provide guaranteed lifetime The SECURE Act has the added ben- And as I said at the beginning, I am income products as part of their bene- efit of lowering taxes for our Gold Star going to support this bill. It has many fits package. Our goal is to remove bar- families. Providing more for the rel- good provisions, but I hope that we can riers to saving and give workers a vari- atives and the children of U.S. military avoid similar situations from under- ety of tools so they can choose what members who gave their lives to secure mining the committee process, under- option best fits their needs. our freedom and liberty is most fitting mining the integrity of the committee Madam Speaker, we have a retire- on the eve of our Memorial Day week- system that we have that empowers in- ment income crisis in this country, and end.

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.014 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4142 CONGRESSIONAL RECORD — HOUSE May 23, 2019 I urge my colleagues to vote in favor obligations to the sovereign first peo- rollment by giving those businesses an of this legislation today. ples of this country. opportunity to pool together and by of- Mr. NEAL. Madam Speaker, I yield I thank the chairman for yielding. fering them a tax credit to help pay for 11⁄2 minutes to the gentlewoman from Mr. BRADY. Madam Speaker, I yield startup costs; and, two, provide 401(k)s Wisconsin (Ms. MOORE), who was a myself 30 seconds. for the rising number of part-time leader on the kiddie tax issue address- Madam Speaker, I want to recognize workers and independent contractors ing Tribal distributions. those who worked in a bipartisan way in the new tech economy that can be Ms. MOORE. Madam Speaker, I to address the Gold Star issue: Rep- portable from their current jobs to the thank the chairman for his leadership resentatives BACON, DIAZ-BALART, HER- next ones. and for moving this bipartisan legisla- RERA BEUTLER, HOLDING, MARCHANT, Since the 1980s, the American econ- tion forward. This is really a necessary WAGNER, WALTZ, and WENSTRUP. omy has grown dramatically. Since step to ensuring that more Americans Madam Speaker, I reserve the bal- 1983, the Dow Jones has gone up 1,200 can save for retirement. ance of my time. percent and the GDP has gone up 600 I also commend the chairman for his Mr. NEAL. Madam Speaker, how percent, yet the wages of the American swift action to redress the harsh tax much time is remaining on both sides? people have gone up less than 20 per- rate and unintended consequences The SPEAKER pro tempore. The gen- cent. No longer is hard work a guar- caused by the Tax Cuts and Jobs Act of tleman from Massachusetts has 143⁄4 antee of achieving the American 2017 on Gold Star families, low-income minutes remaining. The gentleman Dream. children, and young adults who receive from Texas has 63⁄4 minutes remaining. Every American, whether liberal or payments from Tribal governments. Mr. NEAL. Madam Speaker, I yield 1 conservative, believes that if you are Our special tax rules on unearned in- minute to the gentleman from Illinois willing to work 40 or 50 hours a week come of children and young adults to (Mr. SCHNEIDER), who is very knowl- and 50 weeks a year that you should be prevent wealthy families from engag- edgeable about retirement issues. able to have a decent place to live, to ing in tax planning to artificially lower Mr. SCHNEIDER. Madam Speaker, I educate your children, to have health their tax burden, of course, is not rel- rise in strong support of the SECURE insurance, and to retire one day with- evant to these payments made to Gold Act. out being scared. That is simply not Star families, survivor benefits, and A secure and dignified retirement is a happening. Tribal children. critical part of the American Dream, The SECURE Act will help make re- The 2017 rate repeal only partially but for too many seniors, this aspira- tirement security a reality for millions addressed an underlying problem where tion is falling increasingly out of of Americans. additional legislation is required rel- reach. Mr. BRADY. Madam Speaker, I yield ative to Tribal youth. Mr. ESTES and I I am pleased that this House is tak- 2 minutes to the gentleman from Flor- introduced bipartisan legislation, H.R. ing action today in response. Our bill ida (Mr. WALTZ), a veteran, a Green 2018, to fix the underlying problem of will help more Americans save for re- Beret, and a new Member of Congress. Mr. WALTZ. Madam Speaker, as a the kiddie tax on taxable disburse- tirement by allowing workers to par- combat veteran and as a Green Beret, ments made by Tribal governments. ticipate in 401(k) plans. this is personal for me. I know first- So, Madam Speaker, I ask the chair- Additionally, the legislation makes hand the seriousness of the call to man to tell Members of this Chamber it easier for small businesses to offer serve our country, and I know that and the Tribes who are watching close- retirement plans to their employees when soldiers take their place on the ly throughout the country what his in- and help small businesses set up auto- tentions are relative to the underlying battlefield, they are prepared to defend matic enrollment programs. It replaces America and lose their lives for our problem with the kiddie tax. antiquated barriers slowing the adop- Mr. NEAL. Will the gentlewoman freedom. tion of multiemployer plans and im- The families of our servicemembers yield? proves the quality of service providers. The SPEAKER pro tempore. The wait for their loved one’s safe return The AARP estimates that these nervously and anxiously await hearing time of the gentlewoman has expired. changes will lead to more than 700,000 Mr. NEAL. Madam Chair, I yield my- their voice and feeling the comfort of new retirement accounts. their warm embrace once more. Unfor- self 30 seconds. Finally, as we approach Memorial I want to thank the gentlewoman tunately, for some, the knock on their Day and reflect on the ultimate sac- door instead initiates them into a fra- from Wisconsin (Ms. MOORE) for her rifice made by fallen servicemembers support of the bill before us and her ternity no family wants to join. That and their families, I am pleased this knock changes them forever and makes leadership on addressing the unfair tax legislation fixes a provision in the 2017 that has plagued Tribes making tax- them part of the Gold Star family. Republican tax law that increased When our servicemembers pass, many able distributions to their children and taxes on survivor benefits paid by fami- young adults. of their spouses put their benefits in lies. Our Gold Star families already their children’s name. As if the loss of b 1000 deal with the unimaginable loss of a a mother or a father isn’t and wasn’t The kiddie tax was enacted to pre- loved one; they should not also be fac- painful enough, some of our Gold Star vent wealthy families from shifting ing a tax increase. children’s pain is worsened by an unin- family income to minor children. Madam Speaker, I am so proud this tended oversight in our Tax Code which The rationale for this new law does legislation was a bipartisan effort in forces them to pay thousands in addi- not apply to funds distributed by In- the Ways and Means Committee, and I tional taxes on survivor benefits and dian Tribal governments because In- urge my colleagues to support this im- raises their tax liability from 12 per- dian Tribes are not taxable entities and portant bill to improve retirement se- cent to nearly 40 percent. their distributions could never be in- curity. This is not just a financial issue; it is tended for the purpose of a tax deduc- Mr. BRADY. Madam Speaker, I re- a strategic issue for our Volunteer tion. serve the balance of my time. military. It affects recruitment and re- The Ways and Means Committee will Mr. NEAL. Madam Speaker, I yield 1 tention. Some people may not want to work to address this problem, with the minute to the gentleman from New volunteer with the possibility of a goal of excluding such Tribal govern- York (Mr. SUOZZI). large financial burden on their loved ment distributions from the kiddie tax Mr. SUOZZI. Madam Speaker, there one if the worst happens. provisions. is a retirement crisis in America today. The bottom line is, if our family sup- The SPEAKER pro tempore. The Working men and women simply just port starts cracking, the entire founda- time of the gentleman has expired. don’t have enough money in retirement tion of our modern military is in trou- Mr. NEAL. Madam Speaker, I yield 15 savings. ble. We have an opportunity today to seconds to the gentlewoman from Wis- I rise today to advocate for the bipar- right this wrong and to fix this with consin (Ms. MOORE). tisan SECURE Act, which will: one, the Gold Star Family Tax Relief Act, Ms. MOORE. Madam Speaker, this is help small businesses provide retire- which is being included in the SECURE a first step toward meeting our trust ment plans that include automatic en- Act that is up for today’s vote.

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.015 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4143 I would thank Chairman NEAL and tleman’s leadership did or why. But But, unfortunately, special interest Ranking Member BRADY for quickly why would they change the moment has more power. This is why, to me, I recognizing this issue and for including that we have for the country to see have real concerns on this bill. The of- this measure in the final bill. something that they haven’t seen in a ficial bill report is fantastic, what Today, I call upon my colleagues in while? Why would they do something came out of committee. But when it the House to make this right. I hope that a chairman and a ranking member got to the Democrat leadership, I guess that Members will join me in sup- and every member on that committee, they had different plans. porting the passage of this legislation regardless of where they come from Now, I shouldn’t be shocked, because to show our country’s appreciation to across this country, regardless of I was sitting in this well last week the Gold Star families for laying so party, agreed to? with the same dilemma. Another com- costly a sacrifice upon the altar of free- Special interest has power. Special mittee, Energy and Commerce, was dom. interest is more powerful than the dealing with a really important issue, Mr. NEAL. Madam Speaker, I yield 1 members who are in that committee much like what we are dealing with minute to the gentleman from Virginia with the expertise. Special interest is today, prescription drugs. And what (Mr. BEYER) and thank the gentleman more powerful than Members of Con- happened was that both sides agreed on for his valuable work on the kiddie tax gress finding common ground. Special how to make prescription drug prices issue that affects the children of fallen interest is more powerful with the lower and give Americans more op- first responders. leadership on the other side. tions, and they all voted for it. But it Mr. BEYER. Madam Speaker, I rise They should not treat their Members went right through that leadership, in strong support of H.R. 1994. this way. They should not treat Amer- Madam Speaker, on the other side, and I would like to begin by thanking ica this way. special interest won again. They put a Chairman NEAL, my friend RON KIND, So let’s talk about this bill. Because poison pill in, so that will never be- what it really goes to is, how powerful and all of the good folks and com- come law. mittee staff for their hard work on this is this special interest, and who are Madam Speaker, because special in- they hurting? bill. terest pressured this leadership to The 2017 Republican tax law was Many parents choose to use a 529 sav- change this bill, it says something. To passed despite being littered with er- ings account to help them save money me, it says three things very clearly. rors, unintended consequences, and for their children’s education. We all It seems to me that the Democratic just straight-up bad ideas. agree on each side of the aisle that the One of the most unjustifiable and im- most important thing that happens leadership is not the same Democratic mediately painful provisions of the bill when you have a child is the oppor- leadership that I knew in the past. was the unintended consequence of this tunity that they will have. It is no There are people on the other side of change to the kiddie tax, which re- longer about what you will become; it the aisle who call themselves Socialist sulted in massive tax increases for the is what your children’s opportunities Democrats. It seems to me that they surviving children of servicemembers, will be. want institutions, not individuals, to first responders, as well as for scholar- We all agree that education is the be focused on education funding. They ship recipients and other minors. The great equalizer. It doesn’t matter want partisan interests, not parents, to SECURE Act repeals that provision. where a person grows up or what side of decide how children learn. And they These populations deserve our sym- the street they live on, but education want the Federal Government, not pathy and support. I can only hope that will give everybody that opportunity. families, to have control over their this was a stunning oversight. As a Republican leader, when I money. Since the harms of this provision watched this committee work, I was b 1015 came to light during tax filings, many proud. I was proud of both sides. I was proud that they were able to come to- But that is not what the American Members, including myself, heard from people want. The American people constituents whose families were sub- gether. And where they came together was on 529 accounts. These plans allow want exactly what happened in that ject to these unjust and shocking bills. committee, exactly the power that Several bills have been introduced to them to invest in a tax-free account, brought all the Republicans and all the address these tax issues for various im- incur interest, and spend it on edu- Democrats together. They don’t want pacted groups, including my bill, H.R. cational expenses like tuition. special interests to continue to run 2840, which exempted the survivors of For many years, these accounts only this House. first responders. It is a strong, positive applied to college-related expenses, The committee proved they could bill, and I encourage my colleagues to but, today, thanks to the Republican- stand up. Whom did they stand up for? vote ‘‘yes.’’ led tax reform law in 2017, families can Mr. BRADY. Madam Speaker, I am now use those funds to pay K–12 costs Those who need it the most: the par- very proud to yield 1 minute to the too. ents of children with disabilities, lev- gentleman from California (Mr. Because why would we want to hurt eling the playing field so every child has an opportunity when it comes to MCCARTHY), the leader for Republicans somebody? Maybe they were in a bad of the U.S. House of Representatives. school district or have other reasons. education. Mr. MCCARTHY. Madam Speaker, I We want everybody in America to have Of all the issues that could divide us, thank the gentleman for yielding. that opportunity. That was a big win Madam Speaker, I don’t understand Before I begin, I want to thank both for all families—Republican, Democrat, why the leadership did that to the sides. I want to thank the chairman Green Party, didn’t matter. Ways and Means Committee. I don’t and I want to thank the ranking mem- Under current law, 529 savings ac- think that is right for the work that ber, not for the bill that is on the floor counts cannot be used for K–12 book the chairman and the ranking member today but for the bill that was put out costs, tutoring expenses for when kids put in. We deserve better. We displayed of committee. fall behind and we want them to be that we could be better. Unfortunately, When we look across the country, we able to catch up, fees for college admis- special interests won over the parents, see division. Very seldom can we ever sion exams—anybody that has a child and that is wrong. find a bill that gets every Democrat’s at that age knows how much is spent Mr. NEAL. Madam Speaker, I yield 1 and every Republican’s support, but on all of the exams—or to pay for edu- minute to the gentleman from Michi- that is what we look for, that commit- cational therapy for students with dis- gan (Mr. KILDEE). tees can work together. abilities. Mr. KILDEE. Madam Speaker, I The whole reason bills go through Wouldn’t everybody want to help thank the chairman for yielding and committees before they come to the that child with disabilities? I believe for his leadership on bringing this im- floor is this is where the expertise is, so. The action of the committee proved portant legislation to the floor. this is where the debates happen, this that. Every Democrat in the com- Let’s say what this bill really does. It is where it is combined together. mittee said that, and every member on provides Americans who work hard ac- But now I want to apologize to the the Republican side said that. I was cess to retirement with dignity and re- chairman. I don’t know what the gen- proud of that. spect. It allows workers who don’t have

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.017 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4144 CONGRESSIONAL RECORD — HOUSE May 23, 2019 access to retirement accounts—includ- Mr. LARSON of Connecticut. Madam According to the AARP, 72 percent of ing home healthcare workers, part- Speaker, I rise today to support the New Jersey’s workers say they are anx- time workers, as well as multiple em- SECURE Act and commend Chairman ious about having enough money to ployers—to have access to retirement NEAL and Republican Leader BRADY for live comfortably through retirement, accounts. the outstanding work on this, as well and 86 percent of workers without ac- The SECURE Act fixes this. This is as our colleagues RON KIND and MIKE cess to a retirement savings account an important step forward in providing KELLY. I also would like to single out would take advantage of one if avail- much-needed retirement security for so Dave Reichert, who is no longer here, able. many Americans. It encourages small and myself for the work that was done Madam Speaker, 1.7 million people in employers to develop 401(k) plans. It with regard to volunteers. New Jersey work for employers that do helps build our workforce by allowing The provisions of this bill in terms of not provide access to a retirement apprentices access to college savings aid and assistance to rank-and-file citi- plan. So this year, our State passed a accounts to cover the cost of pur- zens are legendary—and I thank Mr. law requiring businesses with 25 or chasing equipment necessary for their NEAL again for those efforts—but spe- more employees to participate in a re- training for their chosen trade. This is cifically for volunteer firefighters, for tirement savings program. The SE- a big step forward for those workers. EMTs, and for those who give selflessly CURE Act will make it much easier for Finally, Madam Speaker, I appre- in an opportunity to serve their com- small- and medium-sized businesses in ciate the fact that this bill also ad- munities. For the meager amounts of New Jersey to meet this requirement dresses some of the many oversights of uniforms and whatever they received in by allowing them to pool together to the 2017 Republican tax bill, including compensation, to have that taxed was create multi-employer plans. It also addressing how children are taxed, es- an insult. So I am proud, again, to expands access to retirement accounts pecially Tribal children. make sure that this piece of legislation for home healthcare workers, a rapidly This is a good bill, and I support it. included an opportunity for volunteers growing sector of our economy. all across this country. Twenty-three Mr. BRADY. Madam Speaker, I am Passing this bill today will go a long communities in my State have volun- prepared to close, and I reserve the bal- way toward helping Americans retire teers. ance of my time. with peace of mind. I am grateful for Mr. NEAL. Madam Speaker, I yield 1 I thank the chairman again for his leadership. the bipartisan support, and I urge my minute to the gentlewoman from Flor- colleagues to back the bill. ida (Mrs. MURPHY), who was instru- Mr. BRADY. Madam Speaker, I con- tinue to reserve the balance of my Mr. BRADY. Madam Speaker, I con- mental on a provision allowing long- tinue to reserve the balance of my term, part-time workers to participate time. Mr. NEAL. Madam Speaker, I yield 1 time. in 401(k) plans. Mr. NEAL. Madam Speaker, I yield 1 Mrs. MURPHY. Madam Speaker, if minute to the gentleman from Virginia minute to the gentlewoman from Vir- you spend your life working hard, then (Mr. SCOTT). Chairman BOBBY SCOTT is responsible for a number of very impor- ginia (Mrs. LURIA) and thank her par- you should have the dignity of a secure tant provisions in this legislation. ticularly for her critical leadership in retirement. That is why I rise today in Mr. SCOTT of Virginia. Madam preventing an unfair and unexpected strong support for the SECURE Act, a Speaker, I thank the gentleman for tax burden from being imposed on the bipartisan bill that will help more yielding. children of our fallen soldiers. Americans retire with dignity and with I rise in support of the SECURE Act, a higher quality of life. It allows older Mrs. LURIA. Madam Speaker, we are a bipartisan proposal to address our all in Congress because we see room for Americans to continue to invest more Nation’s retirement security crisis. and for longer in their traditional IRAs improvement in America, especially Several of the bill’s provisions are for our servicemembers, veterans, and so that they can get a greater ROI on under the jurisdiction of the Com- their hard-earned money. our military families. As a 20-year mittee on Education and Labor, and I Navy veteran myself, I know it is not It also contains a provision I au- would like to discuss two of them. thored requiring employers to allow just the brave men and women who First, the SECURE Act makes it fight for America, but also the families long-term, part-time employees to par- easier for small businesses to band to- ticipate in a company’s 401(k) plan. who support them every step of the gether to form multiple employer way. This change will especially help plans. This is expected to increase women, as women are more likely than When Gold Star widows from Vir- workers’ access to retirement savings ginia Beach contacted me about how men to be long-term, part-time work- programs with potentially lower cost ers. their tax bills jumped thousands of dol- investment options. lars as a result of the 2000 tax law, I Finally, the SECURE Act fixes a mis- Second, the SECURE Act includes a knew I had to do something. That is take the Republicans made last Con- carefully and narrowly tailored safe why I took action to introduce the bi- gress when they rammed through their harbor for the selection of an annuity partisan Gold Star Family Tax Relief partisan tax giveaway to corporations provider for 401(k) plans. This limited Act, which fixes the unintended tax and the wealthy. In doing so, they in- safe harbor is intended to ease employ- hike that many Gold Star families ex- advertently raised taxes on Gold Star ers’ concerns about their fiduciary li- perienced. children and families. ability and to expand workers’ access A number of families across our As we fix this problem today, I hope to annuities and other lifetime income coastal Virginia district have shared this body remembers that process mat- options. their stories about how this tax law ters and that a bad process leads to un- I thank Chairman NEAL and Ranking changed their lives. One woman, the intended consequences that hurt every- Member BRADY for their leadership, day Americans. I am glad that we can and I urge my colleagues to support widow of a Navy SEAL killed in Af- undo some of that damage today. the SECURE Act. ghanistan, saw the taxes on her son’s Madam Speaker, I urge my col- Mr. BRADY. Madam Speaker, I con- benefits rise by $4,000 in 2018, another leagues to support the SECURE Act, tinue to reserve the balance of my by $6,000, and another by $2,500. which is a good piece of bipartisan leg- time. What this tax bill did to Gold Star islation that helps countless American Mr. NEAL. Madam Speaker, I yield 1 families was wrong, but I have been families. minute to the gentleman from New heartened to see so many of my col- Mr. BRADY. I reserve the balance of Jersey (Mr. MALINOWSKI). leagues join me in a bipartisan effort my time, Madam Speaker. Mr. MALINOWSKI. Madam Speaker, to right these wrongs. As of today, we Mr. NEAL. Madam Speaker, I yield 1 I rise today to express my strong sup- have 155 cosponsors and received en- minute to the gentleman from Con- port for the bipartisan SECURE Act. dorsements of 20 veterans service orga- necticut (Mr. LARSON), who was very This bill will enable hundreds of thou- nizations. instrumental on a provision related to sands of working and middle-class The SPEAKER pro tempore (Ms. benefits to volunteer firefighters and Americans to retire with the dignity DEGETTE). The time of the gentle- emergency medical responders. they deserve. woman has expired.

VerDate Sep 11 2014 03:47 May 24, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.019 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 23, 2019 CONGRESSIONAL RECORD — HOUSE H4145 Mr. NEAL. Madam Speaker, I yield Madam Speaker, how sad it is that search to find the right learning tools, the gentlewoman from Virginia an ad- some are trying to make this a par- the effective therapies, and the trained ditional 1 minute. tisan, petty measure. tutors to help their challenged children Mrs. LURIA. Madam Speaker, with The truth is, in 2014, in an original learn. this momentum, we can fix a problem draft of tax reform, this provision was Apparently, for our teachers’ union, for so many heroic families and ensure included by the Joint Committee on that was wrong. They moved effec- security for their benefits. Taxation to simplify the Tax Code and tively to block the ability of parents to I include in the RECORD a letter to stop tax loopholes. That draft was help their kids, whether they are gift- signed by 20 veterans service organiza- praised by my Democratic colleagues, ed, whether they have learning disabil- tions in support of the Gold Star fam- by Mr. NEAL, Mr. KIND, and Mr. THOMP- ities, whether they need that tutor, or ily tax provisions included within the SON. whether a child is severely challenged, SECURE Act. In over 5 years, no one spotted this mentally and physically, and needs MAY 22, 2019. unintended consequence. When it sur- that help. Hon. ELAINE LURIA, faced, Republicans and Democrats What do we have to fear from parents House of Representatives, came together immediately and re- who want to help their kids and use Washington, DC. solved to not just fix it but to make it their own dollars for it? DEAR CONGRESSWOMAN LURIA: As leaders of the major veterans, military, and survivor retroactive. What would our Nation be if denied organizations, we are pleased to offer our Why make this a petty, partisan the genius of Steven Spielberg who support for H.R. 2481, the Gold Star Family issue? Our Gold Star parents deserve overcame dyslexia as a child or CNN Tax Relief Act. better. anchor Anderson Cooper whose parents Surviving spouses of service members who Madam Speaker, I reserve the bal- hired a special instructor to help him die in the line of duty and military retirees ance of my time. overcome his learning disabilities? who die from service-connected wounds, ill- Mr. NEAL. Madam Speaker, I have Where we would be without business nesses, or injuries are entitled to Depend- no further speakers, and I am prepared leaders like Steve Jobs, Charles ency and Indemnity Compensation (DIC) to close. I reserve the balance of my benefits from the Department of Veterans Schwab, Richard Branson, or Henry Affairs. Survivors who paid into the Depart- time. Ford, all with learning disabilities, all ment of Defense Survivor Benefits Plan Mr. BRADY. Madam Speaker, I yield who have made amazing contributions (SBP) have a dollar-for-dollar offset of their myself the balance of my time. to our country? SBP benefits by the amount of DIC benefits. Madam Speaker, I am proud that, Blocking these provisions is not To avoid the SBP/DIC offset, surviving last session, Republicans and Demo- proeducation, and there is no way it is spouses often sign over SBP benefits to their crats came together to pass a retire- prochild. children to ensure the family receives both ment security bill not once but twice 1030 earned benefits. because we knew how important this b Due to a recent change in tax law, known It is beyond me how an education as- as the ‘‘Kiddie Tax,’’ Gold Star families who was. I was chairman, and I was proud were formerly obligated to pay 12 to 15 per- to help lead that effort. sociation can oppose parents using cent in taxes on their earned benefits are This year, I am the proudest leader of their own savings to help their child now being taxed up to 37 percent, leaving the Republicans on the Ways and reach their highest potential. But I them thousands of dollars in tax debt. This Means Committee to work with Chair- don’t fault them. I fault the lawmakers important bill would rightfully repeal the man NEAL again to make it even better who are beholden to them, who re- Kiddie Tax and reinstate military survivor to try to help families save. moved these provisions. benefits to the previous tax rate. This bill deserves support, and I will Thank you again for your leadership on But I am disappointed in the process this issue. We look forward to working with after it left the committee, through no strongly support it, but I am terribly you and your staff to pass this important fault of Chairman NEAL’s. disappointed. legislation immediately. Just 2 months ago, we heard Demo- Madam Speaker, I yield back the bal- Sincerely, cratic lawmakers sit in that seat and ance of my time. Robert Wallace, Veterans of Foreign Wars say they will work to restore the peo- Mr. NEAL. Madam Speaker, I yield of the United States; Bonnie Carroll, Trag- ple’s faith that government works in myself the balance of my time. edy Assistance Program for Survivors; Har- the public’s interest. They said they As I close, I want to take a moment riet Boyden, Gold Star Wives of America; Jo- to celebrate this truly bipartisan proc- seph R. Chenelly, AMVETS; Louis Celli, The will pass laws and make sure our gov- American Legion; Joyce Wessel Raezer, Na- ernment acts in the best interests of ess that brought this legislation to the tional Military Famiy Association; Dana T. the American people, not entrenched floor today. Atkins, Military Officers Association of special interests. First, I want to thank the Demo- America; Carl Blake, Paralyzed Veterans of It is unfortunate that every word cratic members and Republican mem- America; Keith A. Reed, Air Force Sergeants there was stomped on this week by spe- bers of the Committee on Ways and Association; John Cho, AMSUS, the Society cial interest groups that forced our Means, and, in particular, I want to of Federal Health Professionals. Democratic friends to make changes to thank Mr. BRADY for his good work James T. Currie, Commissioned Officers Assn. of the US Public Health Service, Inc; a bill that would help children and par- along the way. Norman Rosenshein, Jewish War Veterans of ents with costs associated with I also want to acknowledge that the USA; Vincent Patton III, Non Commis- schools. there is more work to be done in the sioned Officers Assn. of the United States of The Tax Cuts and Jobs Act allowed leadership space in terms of retirement America; Randy Reid, USCG Chief Petty Of- parents to save tax-free for schools savings, and I am hopeful that we will ficers Assn.; Jeff J. Schloesser, Army Avia- from kindergarten through 12th grade, be able to do that as well. tion Association of America; Christopher and these bipartisan reforms that were Let me acknowledge Mr. ROE, Mrs. Cole, Association of the United States Navy; stripped from this bill would have al- TRAHAN, Mrs. MCMORRIS RODGERS, Ms. Carol Setteducato, Chief Warrant Officers Association of the US Coast Guard; Thomas lowed parents to use their education BLUNT ROCHESTER, Mr. WALBERG, Mr. ‘‘LPM’’ Howlett, Marine Corps Reserve Asso- savings dollars for homeschooling and KENNEDY, Mr. BANKS, Mr. POCAN, Mr. ciation; Kenneth Greenberg, The Retired En- additional kindergarten through 12 ex- BUDD, Mrs. LURIA, and Mr. BACON. listed Association; Brian Dempsey, Wounded penses at public, private, and religious Certainly, as I come down the home Warrior Project. schools. stretch in closing, I want to acknowl- Mrs. LURIA. Madam Speaker, I urge This is money the families could edge much of the good work that has all of my colleagues to vote for the SE- have used for books, online education taken place by staff members on both CURE Act and, in doing that, fix this material, tutoring, AP classes, univer- sides as well. But let me cite on the tax problem that has impacted so sity exams, and educational therapies Democratic side, if I could—this was a many of our Gold Star families across for students, including for kids with pretty big bill, and it required a team the Commonwealth of Virginia and the disabilities. effort. The Democratic staff, including country. Every parent blessed with a special Kara Getz, Andrew Grossman, Beth Mr. BRADY. Madam Speaker, I yield needs child or one who struggles to Bell, Aruna Kalyanam, Mary Petrovic, myself 30 seconds. keep up in school knows the constant and Lee Slater all did yeomen and

VerDate Sep 11 2014 04:35 May 24, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.020 H23MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H4146 CONGRESSIONAL RECORD — HOUSE May 23, 2019 yeowomen’s work in making sure that The vote was taken by electronic de- Crawford Huizenga Rice (SC) we would get to this day. vice, and there were—yeas 223, nays Crenshaw Hunter Riggleman Crow Hurd (TX) Roby Madam Speaker, I yield back the bal- 194, answered ‘‘present’’ 2, not voting Cuellar Johnson (OH) Rogers (AL) ance of my time. 12, as follows: Cunningham Johnson (SD) Rogers (KY) Ms. JACKSON LEE. Madam Speaker, I rise Davis, Rodney Katko Rooney (FL) [Roll No. 229] DesJarlais Kelly (MS) to speak in support of the ‘‘Setting Every Rose, John W. YEAS—223 Diaz-Balart Kilmer Rouda Community Up for Retirement Enhancement Duffy Kind Adams Gomez Payne Rouzer Duncan King (NY) Act of 2019.’’ Aguilar Granger Perlmutter Roy Dunn Kirkpatrick Allred Green (TX) Perry Ruiz H.R. 1994, the Setting Every Community Up Emmer Krishnamoorthi Amodei Grijalva Phillips Scalise for Retirement Enhancement (SECURE) Act Estes Kuster (NH) Bacon Grothman Pingree Schrader Evans Kustoff (TN) helps Americans to save more for a secure re- Banks Haaland Pocan Schrier Ferguson LaHood tirement and delivering a urgently needed fix Barr Hastings Porter Scott, Austin Fitzpatrick LaMalfa Barraga´ n Hayes Pressley Sensenbrenner for Gold Star military families facing drastic tax Fleischmann Lamborn Bass Heck Price (NC) Sherrill hikes under the GOP tax scam. Fletcher Latta Bergman Higgins (NY) Quigley Shimkus Flores Lesko This legislation: Beyer Hill (CA) Raskin Slotkin Foxx (NC) Long Makes it easier for small businesses to offer Bilirakis Hollingsworth Reed Smith (MO) Fudge Loudermilk Bishop (GA) Hoyer Reschenthaler retirement plans to their employees; Fulcher Lucas Smith (NE) Blumenauer Huffman Rice (NY) Ensures that hard-working home health care Gaetz Luetkemeyer Spanberger Blunt Rochester Jayapal Richmond Gallagher Maloney, Sean Spano workers can receive retirement benefits; and, Bonamici Johnson (GA) Rodgers (WA) Gianforte Marchant Steube Bost Johnson (TX) Roe, David P. Eliminates the unexpected and unfair enor- Gibbs Massie Stewart Boyle, Brendan Jordan Rose (NY) mous tax increases caused by the GOP tax Golden Mast Suozzi F. Joyce (OH) Roybal-Allard Gonzalez (OH) McAdams Thompson (CA) scam that were on the survivorship benefits of Brady Joyce (PA) Ruppersberger Gonzalez (TX) McBath Thompson (PA) children in Gold Star military families already Brindisi Keating Rush Gooden McCaul Timmons Brown (MD) Kelly (IL) Rutherford facing the extraordinary hardship of losing a Gottheimer McHenry Tipton Bustos Kelly (PA) Ryan loved one. Graves (GA) McKinley Turner Butterfield Kennedy Sa´ nchez Graves (LA) Meuser Upton The spouses of our fallen heroes sometimes Carbajal Khanna Sarbanes Graves (MO) Miller Van Drew Carson (IN) Kildee Scanlon sign over earned benefits to their children to Green (TN) Mitchell Walberg Carter (TX) Kim Schakowsky ensure the family receives all benefits. Griffith Moolenaar Walden Cartwright King (IA) Schiff Guest Mooney (WV) Walker This bill will help Gold Star Families who are Case Lamb Schneider Guthrie Mullin Walorski being taxed unfairly by the Trump Tax Cut. Casten (IL) Langevin Schweikert Hagedorn Murphy Waters Castor (FL) Larsen (WA) Scott (VA) But because the new Republican tax law Harder (CA) Norman Weber (TX) Castro (TX) Larson (CT) Scott, David brought changes to how children’s assets are Harris Nunes Wenstrup Chu, Judy Lawrence Serrano Hartzler O’Halleran Westerman taxed, many Gold Star Families are required Cicilline Lawson (FL) Sewell (AL) Hern, Kevin Ocasio-Cortez Wexton Cisneros Lee (CA) Shalala to pay thousands of additional dollars in taxes Hice (GA) Olson Wild Clark (MA) Lee (NV) Sherman on survivor benefits—a crushing blow to fami- Higgins (LA) Palazzo Williams Clarke (NY) Levin (CA) Simpson Hill (AR) Palmer Wittman lies who have already given so much to our Clay Levin (MI) Sires Himes Pappas Womack country. Cleaver Lewis Smith (NJ) Holding Pence Woodall Clyburn Lieu, Ted Smith (WA) Prior to the Trump Tax Cut Scam, money Horn, Kendra S. Peters Wright Cohen Lipinski Smucker given by the military to the children of troops Horsford Peterson Yoho Connolly Loebsack Soto Houlahan Posey Young who died on duty were taxed at the same rate Courtney Lofgren Speier Hudson Ratcliffe Zeldin as their surviving parents. Cox (CA) Lowenthal Stanton But under Trump’s tax cuts the changes in- Crist Lowey Stefanik ANSWERED ‘‘PRESENT’’—2 Cummings Luja´ n Steil DeFazio Tonko cluded in the December 2017 tax law over- Curtis Luria Stevens haul, those benefits were instead treated the Davids (KS) Lynch Swalwell (CA) NOT VOTING—12 Davidson (OH) Malinowski Takano same as family estate transfers, which in- Armstrong Herrera Beutler Kaptur Davis (CA) Maloney, Taylor creased the tax rate from no more than 15 Collins (GA) Jackson Lee Kinzinger Davis, Danny K. Carolyn B. Thompson (MS) Gohmert Jeffries Stauber percent to up to 37 percent. Dean Marshall Thornberry Gosar Johnson (LA) Stivers This change significantly raised the tax bills DeGette Matsui Titus for many of those military families. DeLauro McCarthy Tlaib b 1104 It is important to provide these needed DelBene McClintock Torres (CA) Delgado McCollum Torres Small Messrs. CROW, VAN DREW, and Ms. changes to protect Gold Star Families, and I Demings McEachin (NM) OCASIO-CORTEZ changed their vote look forward to the additional changes that are DeSaulnier McGovern Trahan from ‘‘yea’’ to ‘‘nay.’’ under way to help others hurt by the inequity Deutch McNerney Trone Dingell Meadows Underwood Mses. ADAMS and TITUS changed of the Trump tax hike for the very rich. Doggett Meeks Vargas their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. All time Doyle, Michael Meng Veasey So the Journal was approved. for debate has expired. F. Moore Vela The result of the vote was announced Pursuant to House Resolution 389, Engel Morelle Vela´ zquez Escobar Moulton Visclosky as above recorded. the previous question is ordered on the Eshoo Mucarsel-Powell Wagner f bill, as amended. Espaillat Nadler Waltz The question is on the engrossment Finkenauer Napolitano Wasserman SETTING EVERY COMMUNITY UP and third reading of the bill. Fortenberry Neal Schultz FOR RETIREMENT ENHANCE- Foster Neguse Watkins MENT ACT OF 2019 The bill was ordered to be engrossed Frankel Newhouse Watson Coleman and read a third time, and was read the Gabbard Norcross Webster (FL) The SPEAKER pro tempore. Pursu- third time. Gallego Omar Welch ant to clause 1(c) of rule XIX, further Garamendi Pallone Wilson (FL) The SPEAKER pro tempore. Pursu- Garcı´a (IL) Panetta Wilson (SC) consideration of the bill (H.R. 1994) to ant to clause 1(c) of rule XIX, further Garcia (TX) Pascrell Yarmuth amend the Internal Revenue Code of 1986 to encourage retirement savings, consideration of H.R. 1994 is postponed. NAYS—194 f and for other purposes, will now re- Abraham Brooks (AL) Chabot sume. THE JOURNAL Aderholt Brooks (IN) Cheney Allen Brownley (CA) Cline The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- Amash Buchanan Cloud MOTION TO RECOMMIT ant to clause 8 of rule XX, the unfin- Arrington Buck Cole Mr. MCHENRY. Madam Speaker, I Axne Bucshon Collins (NY) ished business is the question on agree- Babin Budd Comer have a motion to recommit at the ing to the Speaker’s approval of the Baird Burchett Conaway desk. Journal, on which the yeas and nays Balderson Burgess Cook The SPEAKER pro tempore. Is the were ordered. Beatty Byrne Cooper gentleman opposed to the bill? Bera Calvert Correa The question is on the Speaker’s ap- Biggs Ca´ rdenas Costa Mr. MCHENRY. Yes, in its current proval of the Journal. Bishop (UT) Carter (GA) Craig form.

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