S.Amdt. 2757

SA 2757. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill H.R. 1314, to amend the Internal Revenue Code of
1986 to provide for a right to an administrative appeal relating to
adverse determinations of tax-exempt status of certain organizations;
which was ordered to lie on the table; as follows:

At the end of title V, insert the following:

SEC. 505. BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN
CRITICAL AND DECLINING STATUS.

(a) ERISA Amendments.--Section 305(e)(9)(H) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1085(e)(9)(H)) is amended--
(1) in clause (ii)--
(A) by striking ``Except as provided in clause (v), the''
and inserting ``The''; and
(B) by striking ``a majority of all participants and
beneficiaries of the plan'' and inserting ``, of the
participants and beneficiaries of the plan who cast a vote, a
majority'';
(2) by striking clause (v);
(3) by redesignating clause (vi) as clause (v); and
(4) in clause (v), as so redesignated--
(A) by striking ``(or following a determination under
clause (v) that the plan is a systemically important plan)'';
and
(B) by striking ``(or, in the case of a suspension that
goes into effect under clause (v), at a time sufficient to
allow the implementation of the suspension prior to the end
of the 90-day period described in clause (v)(I))''.
(b) IRC Amendments.--Section 432(e)(9)(H) of the Internal
Revenue Code of 1986 is amended--
(1) in clause (ii)--
(A) by striking ``Except as provided in clause (v), the''
and inserting ``The''; and
(B) by striking ``a majority of all participants and
beneficiaries of the plan'' and inserting ``, of the
participants and beneficiaries of the plan who cast a vote, a
majority'';
(2) by striking clause (v);
(3) by redesignating clause (vi) as clause (v); and
(4) in clause (v), as so redesignated--
(A) by striking ``(or following a determination under
clause (v) that the plan is a systemically important plan)'';
and
(B) by striking ``(or, in the case of a suspension that
goes into effect under clause (v), at a time sufficient to
allow the implementation of the suspension prior to the end
of the 90-day period described in clause (v)(I))''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to any vote on the suspension of benefits
under section 305(e)(9)(H) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1085(e)(9)(H)) and section
432(e)(9)(H) of the Internal Revenue Code of 1986 that occurs
after the date of enactment of this Act.
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