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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-655
======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
  83) TO REQUIRE THE SECRETARY OF THE INTERIOR TO ASSEMBLE A TEAM OF 
  TECHNICAL, POLICY, AND FINANCIAL EXPERTS TO ADDRESS THE ENERGY
  NEEDS OFTHE INSULAR AREAS OF THE UNITED STATES AND THE FREELY 
  ASSOCIATED STATES THROUGH THE DEVELOPMENT OF ENERGY ACTION PLANS
  AIMED AT PROMOTING ACCESS TO AFFORDABLE, RELIABLE ENERGY, 
  INCLUDING INCREASING USE OF INDIGENOUS CLEAN-ENERGY RESOURCES, 
  AND FOR OTHER PURPOSES; WAIVING A REQUIREMENT OF CLAUSE 6(A) OF 
  RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS 
  REPORTED FROM THE COMMITTEE ON RULES; AND FOR OTHER PURPOSES

                                _______
                                

 December 10, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Cole, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 776]

    The Committee on Rules, having had under consideration 
House Resolution 776, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendment to H.R. 83, to require the Secretary of the Interior 
to assemble a team of technical, policy, and financial experts 
to address the energy needs of the insular areas of the United 
States and the Freely Associated States through the development 
of energy action plans aimed at promoting access to affordable, 
reliable energy, including increasing use of indigenous clean-
energy resources, and for other purposes. The resolution makes 
in order a motion offered by the chair of the Committee on 
Appropriations or his designee that the House concur in the 
Senate amendment to H.R. 83 with an amendment consisting of the 
text of Rules Committee Print 113-59 modified by the amendment 
printed in this report. The resolution waives all points of 
order against consideration of the motion. The resolution 
provides that the Senate amendment and the motion shall be 
considered as read. The resolution provides 80 minutes of 
debate on the motion, with 60 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Appropriations and 20 minutes equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Education and the Workforce.
    Section 2 of the resolution provides that upon adoption of 
the motion specified in section 1, H. Con. Res. 122 (enrollment 
correction to the title) shall be considered as adopted.
    Section 3 of the resolution provides that the chair of the 
Committee on Appropriations may insert in the Congressional 
Record at any time during the remainder of the second session 
of the 113th Congress such material as he may deem explanatory 
of the Senate amendment and the motion specified in the first 
section of the resolution.
    Section 4 of the resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported from the Rules Committee through the legislative day 
of December 12, 2014.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion includes a waiver of the following:
           Section 302(f) of the Congressional Budget 
        Act, which prohibits consideration of legislation 
        providing new budget authority in excess of a 
        subcommittee's 302(b) allocation of such authority;
           Section 306 of the Congressional Budget Act, 
        which prohibits consideration of legislation within the 
        jurisdiction of the Committee on the Budget unless 
        referred to or reported by the Budget Committee;
           Section 601 of H. Con. Res. 25, which 
        provides that any bill or joint resolution, or 
        amendment thereto or conference report thereon, making 
        a general appropriation or continuing appropriation may 
        not provide for advance appropriations;
           Clause 7 of rule XVI, which requires that no 
        motion or proposition on a subject different from that 
        under consideration shall be admitted under color of 
        amendment;
           Clause 4 of rule XXI, which prohibits 
        consideration of an amendment proposing an 
        appropriation to a bill reported by a committee not 
        having that jurisdiction; and
           Clause 5(a) of rule XXI, which prohibits 
        consideration of an amendment in the House carrying a 
        tax or tariff measure to a bill or joint resolution 
        reported by a committee not having that jurisdiction.
    It is important to note that while the bill exceeds the 
budget authority provided in the committee's 302(b) 
allocations, the overall bill falls below the statutory 
discretionary spending caps.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 204

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #20, offered by Rep. Jeffries 
(NY), which prevents the Department of Justice from using 
funding to prevent the state of New York from implementing its 
recently passed medical marijuana laws. New York passed a law 
in July, 2014, prior to this amendment being passed on the 
floor, but within the spirit of the exemption. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 205

    Motion by Ms. Slaughter to make in order and provide the 
appropriate waivers for amendment #3, offered by Rep. Coffman 
(CO), which prohibits U.S. funds from being used to pay the 
salaries of the Iraqi security forces or to provide weapons or 
equipment to the Iraqi security forces. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 206

    Motion by Mr. McGovern to provide that the Kline-Miller 
pension reform amendment be made in order as a stand-alone 
amendment, with one hour of debate, evenly divided between the 
proponent and an opponent. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 207

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #7, offered by Rep. McGovern 
(MA) and Rep. Jones (NC), which provides that no funds may be 
used to deploy U.S. ground forces in a combat role in Iraq, 
Syria, or other countries in the region related to Operation 
Inherent Resolve. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................  ............
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 208

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #12, offered by Rep. McGovern 
(MA), Rep. Huffman (CA), and Rep. DeLauro (CT), which strikes 
two sections that weaken the Child Nutrition Act regarding 
sodium and whole grains and one section that weakens WIC 
regarding white potatoes. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 209

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #15, offered by Rep. McGovern 
(MA), which strikes language included in the bill that suspends 
DOT provisions requiring drivers to be off duty from 1 a.m. to 
5 a.m. on 2 consecutive days before restarting their weekly 
work clock. The amendment also strikes language that suspends 
the requirement that 168 hours (7 days) elapse before a driver 
can start a new week. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 210

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #13, offered by Rep. Deutch 
(FL), Rep. Edwards (MD), Rep. Hastings (FL), Rep. McGovern 
(MA), Rep. Polis (CO), and Rep. Sarbanes (MD), which strikes 
provisions creating new accounts to allow individual donors to 
contribute up to an additional $680,400 annually to national 
party committees and congressional campaign committees. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 211

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #10, offered by Rep. Lowey 
(NY), which strikes the SWAPs push-out language and the 
provision raising contribution limits to national parties. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 212

    Motion by Mr. Polis to add a section to the resolution to 
bring up H.R. 15, the House version of the Senate bipartisan, 
comprehensive immigration reform bill, under a closed rule. 
Defeated: 5-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 213

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO THE HOUSE AMENDMENT TO THE SENATE AMENDMENT 
                    TO H.R. 83 CONSIDERED AS ADOPTED

    Kline (MN), Miller, George (CA): Addresses pension reforms 
in two areas. First, the bipartisan pension reforms in Division 
O will permit trustees of severely underfunded plans to adjust 
vested benefits, enabling deeply troubled plans to survive 
without a federal bailout; require approval by plan 
participants of any proposed benefit adjustments that take 
effect, with a fail-safe mechanism for those plans that present 
a systemic risk the multiemployer pension system; provide 
participant protections to safeguard the most vulnerable 
retirees, including disabled retirees and individuals age 75 
and older; give the Pension Benefit Guaranty Corporation (PBGC) 
the authority to take earlier action to help save failing 
plans, thereby reducing potential future costs; and adjust the 
premium structure in order to place the PBGC on more firm 
financial ground. Second, the bipartisan amendments in Division 
P amend the rules relating to PBGC enforcement and the rules 
governing certain charity and nonprofit pension plans. Also 
provides for the budgetary treatment of these divisions.

TEXT OF THE AMENDMENT TO THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO 
                     H.R. 83 CONSIDERED AS ADOPTED

  At the end, add the following (and update the table of 
contents accordingly):

                DIVISION O--MULTIEMPLOYER PENSION REFORM

SECTION 1. SHORT TITLE.

  This division may be cited as the ``Multiemployer Pension 
Reform Act of 2014''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this division is as follows:

Sec. 1. Short title.
Sec. 2. Table of Contents.

           TITLE I--MODIFICATIONS TO MULTIEMPLOYER PLAN RULES

        Subtitle A--Amendments to Pension Protection Act of 2006

Sec. 101. Repeal of sunset of PPA funding rules.
Sec. 102. Election to be in critical status.
Sec. 103. Clarification of rule for emergence from critical status.
Sec. 104. Endangered status not applicable if no additional action is 
          required.
Sec. 105. Correct endangered status funding improvement plan target 
          funded percentage.
Sec. 106. Conforming endangered status and critical status rules during 
          funding improvement and rehabilitation plan adoption periods.
Sec. 107. Corrective plan schedules when parties fail to adopt in 
          bargaining.
Sec. 108. Repeal of reorganization rules for multiemployer plans.
Sec. 109. Disregard of certain contribution increases for withdrawal 
          liability purposes.
Sec. 110. Guarantee for pre-retirement survivor annuities under 
          multiemployer pension plans.
Sec. 111. Required disclosure of multiemployer plan information.

          Subtitle B--Multiemployer Plan Mergers and Partitions

Sec. 121. Mergers.
Sec. 122. Partitions of eligible multiemployer plans.

   Subtitle C--Strengthening the Pension Benefit Guaranty Corporation

Sec. 131. Premium increases for multiemployer plans.

        TITLE II--REMEDIATION MEASURES FOR DEEPLY TROUBLED PLANS

Sec. 201. Conditions, limitations, distribution and notice requirements, 
          and approval process for benefit suspensions under 
          multiemployer plans in critical and declining status.

           TITLE I--MODIFICATIONS TO MULTIEMPLOYER PLAN RULES

        Subtitle A--Amendments to Pension Protection Act of 2006

SEC. 101. REPEAL OF SUNSET OF PPA FUNDING RULES.

  (a) In General.--Subtitle C of title II of the Pension 
Protection Act of 2006 (26 U.S.C. 412 note) is repealed.
  (b) Conforming Amendments.--
          (1) Amendment to employee retirement income security 
        act of 1974.--Section 304(d)(1) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1084) 
        is amended by striking subparagraph (C).
          (2) Amendment to internal revenue code.--Section 
        431(d)(1) of the Internal Revenue Code of 1986 is 
        amended by striking subparagraph (C).

SEC. 102. ELECTION TO BE IN CRITICAL STATUS.

  (a) Amendments to Employee Retirement Income Security Act of 
1974.--
          (1) In general.--Section 305(b) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 
        1085(b)) is amended by adding at the end the following:
          ``(4) Election to be in critical status.--
        Notwithstanding paragraph (2) and subject to paragraph 
        (3)(B)(iv)--
                  ``(A) the plan sponsor of a multiemployer 
                plan that is not in critical status for a plan 
                year but that is projected by the plan actuary, 
                pursuant to the determination under paragraph 
                (3), to be in critical status in any of the 
                succeeding 5 plan years may, not later than 30 
                days after the date of the certification under 
                paragraph (3)(A), elect to be in critical 
                status effective for the current plan year,
                  ``(B) the plan year in which the plan sponsor 
                elects to be in critical status under 
                subparagraph (A) shall be treated for purposes 
                of this section as the first year in which the 
                plan is in critical status, regardless of the 
                date on which the plan first satisfies the 
                criteria for critical status under paragraph 
                (2), and
                  ``(C) a plan that is in critical status under 
                this paragraph shall not emerge from critical 
                status except in accordance with subsection 
                (e)(4)(B).''.
          (2) Annual certification.--
                  (A) In general.--Section 305(b)(3)(A)(i) of 
                such Act (29 U.S.C. 1085(b)(3)(A)(i)) is 
                amended by striking ``, and'' and inserting 
                ``or for any of the succeeding 5 plan years, 
                and''.
                  (B) Actuarial projections.--Section 
                305(b)(3)(B) of such Act (29 U.S.C. 
                1085(b)(3)(B)) is amended--
                          (i) in clause (i), by striking ``In 
                        making the determinations'' and 
                        inserting ``Except as provided in 
                        clause (iv), in making the 
                        determinations''; and
                          (ii) by adding at the end the 
                        following:
                          ``(iv) Projections relating to 
                        critical status in succeeding plan 
                        years.--Clauses (i) and (ii) (other 
                        than the 2nd sentence of clause (i)) 
                        may be disregarded by a plan actuary in 
                        the case of any certification of 
                        whether a plan will be in critical 
                        status in a succeeding plan year, 
                        except that a plan sponsor may not 
                        elect to be in critical status for a 
                        plan year under paragraph (4) in any 
                        case in which the certification upon 
                        which such election would be based is 
                        made without regard to such clauses.''.
          (3) Notice.--
                  (A) Of election to be in critical status.--
                Section 305(b)(3)(D)(i) of such Act (29 U.S.C. 
                1085(b)(3)(D)(i)) is amended--
                          (i) by inserting after ``for a plan 
                        year'' the following: ``or in which a 
                        plan sponsor elects to be in critical 
                        status for a plan year under paragraph 
                        (4)''; and
                          (ii) by adding at the end the 
                        following: ``In any case in which a 
                        plan sponsor elects to be in critical 
                        status for a plan year under paragraph 
                        (4), the plan sponsor shall notify the 
                        Secretary of the Treasury of such 
                        election not later than 30 days after 
                        the date of such certification or such 
                        other time as the Secretary of the 
                        Treasury may prescribe by regulations 
                        or other guidance.''
                  (B) Of projection to be in critical status in 
                a future plan year.--Section 305(b)(3)(D) of 
                such Act (29 U.S.C. 1085(b)(3)(D)) is amended 
                by adding at the end the following:
                          ``(iv) Notice of projection to be in 
                        critical status in a future plan 
                        year.--In any case in which it is 
                        certified under subparagraph (A)(i) 
                        that a multiemployer plan will be in 
                        critical status for any of 5 succeeding 
                        plan years (but not for the current 
                        plan year) and the plan sponsor of such 
                        plan has not made an election to be in 
                        critical status for the plan year under 
                        paragraph (4), the plan sponsor shall, 
                        not later than 30 days after the date 
                        of the certification, provide 
                        notification of the projected critical 
                        status to the Pension Benefit Guaranty 
                        Corporation.''.
  (b) Amendments to Internal Revenue Code.--
          (1) In general.--Section 432(b) of the Internal 
        Revenue Code of 1986 is amended by adding at the end 
        the following:
          ``(4) Election to be in critical status.--
        Notwithstanding paragraph (2) and subject to paragraph 
        (3)(B)(iv)--
                  ``(A) the plan sponsor of a multiemployer 
                plan that is not in critical status for a plan 
                year but that is projected by the plan actuary, 
                pursuant to the determination under paragraph 
                (3), to be in critical status in any of the 
                succeeding 5 plan years may, not later than 30 
                days after the date of the certification under 
                paragraph (3)(A), elect to be in critical 
                status effective for the current plan year,
                  ``(B) the plan year in which the plan sponsor 
                elects to be in critical status under 
                subparagraph (A) shall be treated for purposes 
                of this section as the first year in which the 
                plan is in critical status, regardless of the 
                date on which the plan first satisfies the 
                criteria for critical status under paragraph 
                (2), and
                  ``(C) a plan that is in critical status under 
                this paragraph shall not emerge from critical 
                status except in accordance with subsection 
                (e)(4)(B).''.
          (2) Annual certification.--
                  (A) In general.--Section 432(b)(3)(A)(i) of 
                such Code is amended by striking ``, and'' and 
                inserting ``or for any of the succeeding 5 plan 
                years, and''.
                  (B) Actuarial projections.--Section 
                432(b)(3)(B) of such Code is amended--
                          (i) in clause (i), by striking ``In 
                        making the determinations'' and 
                        inserting ``Except as provided in 
                        clause (iv), in making the 
                        determinations''; and
                          (ii) by adding at the end the 
                        following:
                          ``(iv) Projections relating to 
                        critical status in succeeding plan 
                        years.--Clauses (i) and (ii) (other 
                        than the 2nd sentence of clause (i)) 
                        may be disregarded by a plan actuary in 
                        the case of any certification of 
                        whether a plan will be in critical 
                        status in a succeeding plan year, 
                        except that a plan sponsor may not 
                        elect to be in critical status for a 
                        plan year under paragraph (4) in any 
                        case in which the certification upon 
                        which such election would be based is 
                        made without regard to such clauses.''.
          (3) Notice.--
                  (A) Of election to be in critical status.--
                Section 432(b)(3)(D)(i) of such Code is 
                amended--
                          (i) by inserting after ``for a plan 
                        year'' the following: ``or in which a 
                        plan sponsor elects to be in critical 
                        status for a plan year under paragraph 
                        (4)''; and
                          (ii) by adding at the end the 
                        following: ``In any case in which a 
                        plan sponsor elects to be in critical 
                        status for a plan year under paragraph 
                        (4), the plan sponsor shall notify the 
                        Secretary of such election not later 
                        than 30 days after the date of such 
                        certification or such other time as the 
                        Secretary may prescribe by regulations 
                        or other guidance.''.
                  (B) Of projection to be in critical status in 
                a future plan year.--Section 432(b)(3)(D) of 
                such Code is amended by adding at the end the 
                following:
                          ``(iv) Notice of projection to be in 
                        critical status in a future plan 
                        year.--In any case in which it is 
                        certified under subparagraph (A)(i) 
                        that a multiemployer plan will be in 
                        critical status for any of 5 succeeding 
                        plan years (but not for the current 
                        plan year) and the plan sponsor of such 
                        plan has not made an election to be in 
                        critical status for the plan year under 
                        paragraph (4), the plan sponsor shall, 
                        not later than 30 days after the date 
                        of the certification, provide 
                        notification of the projected critical 
                        status to the Pension Benefit Guaranty 
                        Corporation.''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 103. CLARIFICATION OF RULE FOR EMERGENCE FROM CRITICAL STATUS.

  (a) Amendment to Employee Retirement Income Security Act of 
1974.--Section 305(e)(4)(B) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1085(e)(4)(B)) is amended to 
read as follows:
                  ``(B) Emergence.--
                          ``(i) In general.--A plan in critical 
                        status shall remain in such status 
                        until a plan year for which the plan 
                        actuary certifies, in accordance with 
                        subsection (b)(3)(A), that--
                                  ``(I) the plan is not 
                                described in one or more of the 
                                subparagraphs in subsection 
                                (b)(2) as of the beginning of 
                                the plan year;
                                  ``(II) the plan is not 
                                projected to have an 
                                accumulated funding deficiency 
                                for the plan year or any of the 
                                9 succeeding plan years, 
                                without regard to the use of 
                                the shortfall method but taking 
                                into account any extension of 
                                amortization periods under 
                                section 304(d)(2) or section 
                                304 (as in effect prior to the 
                                enactment of the Pension 
                                Protection Act of 2006); and
                                  ``(III) the plan is not 
                                projected to become insolvent 
                                within the meaning of section 
                                4245 for any of the 30 
                                succeeding plan years.
                          ``(ii) Plans with certain 
                        amortization extensions.--
                                  ``(I) Special emergence 
                                rule.--Notwithstanding clause 
                                (i), a plan in critical status 
                                that has an automatic extension 
                                of amortization periods under 
                                section 304(d)(1) shall no 
                                longer be in critical status if 
                                the plan actuary certifies for 
                                a plan year, in accordance with 
                                subsection (b)(3)(A), that--
                                          ``(aa) the plan is 
                                        not projected to have 
                                        an accumulated funding 
                                        deficiency for the plan 
                                        year or any of the 9 
                                        succeeding plan years, 
                                        without regard to the 
                                        use of the shortfall 
                                        method but taking into 
                                        account any extension 
                                        of amortization periods 
                                        under section 
                                        304(d)(1); and
                                          ``(bb) the plan is 
                                        not projected to become 
                                        insolvent within the 
                                        meaning of section 4245 
                                        for any of the 30 
                                        succeeding plan years,
                                regardless of whether the plan 
                                is described in one or more of 
                                the subparagraphs in subsection 
                                (b)(2) as of the beginning of 
                                the plan year.
                                  ``(II) Reentry into critical 
                                status.--A plan that emerges 
                                from critical status under 
                                subclause (I) shall not reenter 
                                critical status for any 
                                subsequent plan year unless--
                                          ``(aa) the plan is 
                                        projected to have an 
                                        accumulated funding 
                                        deficiency for the plan 
                                        year or any of the 9 
                                        succeeding plan years, 
                                        without regard to the 
                                        use of the shortfall 
                                        method but taking into 
                                        account any extension 
                                        of amortization periods 
                                        under section 304(d); 
                                        or
                                          ``(bb) the plan is 
                                        projected to become 
                                        insolvent within the 
                                        meaning of section 4245 
                                        for any of the 30 
                                        succeeding plan 
                                        years.''.
  (b) Amendment to the Internal Revenue Code.--Section 
432(e)(4)(B) of the Internal Revenue Code of 1986 is amended to 
read as follows:
                  ``(B) Emergence.--
                          ``(i) In general.--A plan in critical 
                        status shall remain in such status 
                        until a plan year for which the plan 
                        actuary certifies, in accordance with 
                        subsection (b)(3)(A), that--
                                  ``(I) the plan is not 
                                described in one or more of the 
                                subparagraphs in subsection 
                                (b)(2) as of the beginning of 
                                the plan year,
                                  ``(II) the plan is not 
                                projected to have an 
                                accumulated funding deficiency 
                                for the plan year or any of the 
                                9 succeeding plan years, 
                                without regard to the use of 
                                the shortfall method but taking 
                                into account any extension of 
                                amortization periods under 
                                section 431(d)(2) or section 
                                412(e) (as in effect prior to 
                                the enactment of the Pension 
                                Protection Act of 2006), and
                                  ``(III) the plan is not 
                                projected to become insolvent 
                                within the meaning of section 
                                418E for any of the 30 
                                succeeding plan years.
                          ``(ii) Plans with certain 
                        amortization extensions.--
                                  ``(I) Special emergence 
                                rule.--Notwithstanding clause 
                                (i), a plan in critical status 
                                that has an automatic extension 
                                of amortization periods under 
                                section 431(d)(1) shall no 
                                longer be in critical status if 
                                the plan actuary certifies for 
                                a plan year, in accordance with 
                                subsection (b)(3)(A), that--
                                          ``(aa) the plan is 
                                        not projected to have 
                                        an accumulated funding 
                                        deficiency for the plan 
                                        year or any of the 9 
                                        succeeding plan years, 
                                        without regard to the 
                                        use of the shortfall 
                                        method but taking into 
                                        account any extension 
                                        of amortization periods 
                                        under section 
                                        431(d)(1), and
                                          ``(bb) the plan is 
                                        not projected to become 
                                        insolvent within the 
                                        meaning of section 418E 
                                        for any of the 30 
                                        succeeding plan years,
                                regardless of whether the plan 
                                is described in one or more of 
                                the subparagraphs in subsection 
                                (b)(2) as of the beginning of 
                                the plan year.
                                  ``(II) Reentry into critical 
                                status.--A plan that emerges 
                                from critical status under 
                                subclause (I) shall not reenter 
                                critical status for any 
                                subsequent plan year unless--
                                          ``(aa) the plan is 
                                        projected to have an 
                                        accumulated funding 
                                        deficiency for the plan 
                                        year or any of the 9 
                                        succeeding plan years, 
                                        without regard to the 
                                        use of the shortfall 
                                        method but taking into 
                                        account any extension 
                                        of amortization periods 
                                        under section 431(d), 
                                        or
                                          ``(bb) the plan is 
                                        projected to become 
                                        insolvent within the 
                                        meaning of section 418E 
                                        for any of the 30 
                                        succeeding plan 
                                        years.''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 104. ENDANGERED STATUS NOT APPLICABLE IF NO ADDITIONAL ACTION IS 
                    REQUIRED.

  (a) Amendments to Employee Retirement Income Security Act of 
1974.--
          (1) In general.--Section 305(b) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 
        1085(b)), as amended by section 102, is further 
        amended--
                  (A) in paragraph (1), by striking ``the plan 
                is not in critical status for the plan year'' 
                and inserting ``the plan is not in critical 
                status for the plan year and is not described 
                in paragraph (5),''; and
                  (B) by adding at the end the following:
          ``(5) Special rule.--A plan is described in this 
        paragraph if--
                  ``(A) as part of the actuarial certification 
                of endangered status under paragraph (3)(A) for 
                the plan year, the plan actuary certifies that 
                the plan is projected to no longer be described 
                in either paragraph (1)(A) or paragraph (1)(B) 
                as of the end of the tenth plan year ending 
                after the plan year to which the certification 
                relates, and
                  ``(B) the plan was not in critical or 
                endangered status for the immediately preceding 
                plan year.''.
          (2) Notice.--Section 305(b)(3)(D) of such Act (29 
        U.S.C. 1085(b)(3)(D)) is amended--
                  (A) by redesignating clause (iii) and clause 
                (iv) (as added by section 102(a)(3)(B)) as 
                clauses (iv) and (v), respectively; and
                  (B) by inserting after clause (ii) the 
                following:
                          ``(iii) In the case of a 
                        multiemployer plan that would be in 
                        endangered status but for paragraph 
                        (5), the plan sponsor shall provide 
                        notice to the bargaining parties and 
                        the Pension Benefit Guaranty 
                        Corporation that the plan would be in 
                        endangered status but for such 
                        paragraph.''.
                  (C) in clause (iv) (as redesignated by 
                subparagraph (A)), by striking ``clause (ii)'' 
                and inserting ``clauses (ii) and (iii)''.
          (3) Conforming amendment.--Section 305(b)(3)(A)(i) of 
        such Act (29 U.S.C. 1085(b)(3)(A)(i)) is amended by 
        inserting after ``endangered status for a plan year'' 
        the following: ``, or would be in endangered status for 
        such plan year but for paragraph (5),''.
  (b) Amendments to Internal Revenue Code of 1986.--
          (1) In general.--Section 432(b) of the Internal 
        Revenue Code of 1986, as amended by section 102, is 
        further amended--
                  (A) in paragraph (1), by striking ``the plan 
                is not in critical status for the plan year'' 
                and inserting ``the plan is not in critical 
                status for the plan year and is not described 
                in paragraph (5),''; and
                  (B) by adding at the end the following:
          ``(5) Special rule.--A plan is described in this 
        paragraph if--
                  ``(A) as part of the actuarial certification 
                of endangered status under paragraph (3)(A) for 
                the plan year, the plan actuary certifies that 
                the plan is projected to no longer be described 
                in either paragraph (1)(A) or paragraph (1)(B) 
                as of the end of the tenth plan year ending 
                after the plan year to which the certification 
                relates, and
                  ``(B) the plan was not in critical or 
                endangered status for the immediately preceding 
                plan year.''.
          (2) Notice.--Section 432(b)(3)(D) of such Code is 
        amended--
                  (A) by redesignating clause (iii) and clause 
                (iv) (as added by section 102(b)(3)(B)) as 
                clauses (iv) and (v), respectively; and
                  (B) by inserting after clause (ii) the 
                following:
                          ``(iii) In the case of a 
                        multiemployer plan that would be in 
                        endangered status but for paragraph 
                        (5), the plan sponsor shall provide 
                        notice to the bargaining parties and 
                        the Pension Benefit Guaranty 
                        Corporation that the plan would be in 
                        endangered status but for such 
                        paragraph.''.
                  (C) in clause (iv) (as redesignated by 
                subparagraph (A)), by striking ``clause (ii)'' 
                and inserting ``clauses (ii) and (iii)''.
          (3) Conforming amendment.--Section 432(b)(3)(A)(i) of 
        such Code is amended by inserting after ``endangered 
        status for a plan year'' the following: ``, or would be 
        in endangered status for such plan year but for 
        paragraph (5),''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 105. CORRECT ENDANGERED STATUS FUNDING IMPROVEMENT PLAN TARGET 
                    FUNDED PERCENTAGE.

  (a) Amendment to Employee Retirement Income Security Act of 
1974.--Section 305(c)(3)(A) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1085(c)(3)(A)) is amended--
          (1) in clause (i)(I), by striking ``of such period'' 
        and inserting ``of the first plan year for which the 
        plan is certified to be in endangered status pursuant 
        to paragraph (b)(3)''; and
          (2) in clause (ii), by striking ``any plan year'' and 
        inserting ``the last plan year''.
  (b) Amendment to Internal Revenue Code.--Section 432(c)(3)(A) 
of the Internal Revenue Code of 1986 is amended--
          (1) in clause (i)(I), by striking ``of such period'' 
        and inserting ``of the first plan year for which the 
        plan is certified to be in endangered status pursuant 
        to paragraph (b)(3)''; and
          (2) in clause (ii), by striking ``any plan year'' and 
        inserting ``the last plan year''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 106. CONFORMING ENDANGERED STATUS AND CRITICAL STATUS RULES DURING 
                    FUNDING IMPROVEMENT AND REHABILITATION PLAN 
                    ADOPTION PERIODS.

  (a) Amendments to Employee Retirement Income Security Act of 
1974.--Section 305(d) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1085(d)) is amended to read as 
follows:
  ``(d) Rules for Operation of Plan During Adoption and 
Improvement Periods.--
          ``(1) Compliance with funding improvement plan.--
                  ``(A) In general.--A plan may not be amended 
                after the date of the adoption of a funding 
                improvement plan under subsection (c) so as to 
                be inconsistent with the funding improvement 
                plan.
                  ``(B) Special rules for benefit increases.--A 
                plan may not be amended after the date of the 
                adoption of a funding improvement plan under 
                subsection (c) so as to increase benefits, 
                including future benefit accruals, unless the 
                plan actuary certifies that such increase is 
                paid for out of additional contributions not 
                contemplated by the funding improvement plan, 
                and, after taking into account the benefit 
                increase, the multiemployer plan still is 
                reasonably expected to meet the applicable 
                benchmark on the schedule contemplated in the 
                funding improvement plan.
          ``(2) Special rules for plan adoption period.--During 
        the period beginning on the date of the certification 
        under subsection (b)(3)(A) for the initial 
        determination year and ending on the date of the 
        adoption of a funding improvement plan--
                  ``(A) the plan sponsor may not accept a 
                collective bargaining agreement or 
                participation agreement with respect to the 
                multiemployer plan that provides for--
                          ``(i) a reduction in the level of 
                        contributions for any participants,
                          ``(ii) a suspension of contributions 
                        with respect to any period of service, 
                        or
                          ``(iii) any new direct or indirect 
                        exclusion of younger or newly hired 
                        employees from plan participation, and
                  ``(B) no amendment of the plan which 
                increases the liabilities of the plan by reason 
                of any increase in benefits, any change in the 
                accrual of benefits, or any change in the rate 
                at which benefits become nonforfeitable under 
                the plan may be adopted unless the amendment is 
                required as a condition of qualification under 
                part I of subchapter D of chapter 1 of the 
                Internal Revenue Code of 1986 or to comply with 
                other applicable law.''.
  (b) Amendments to Internal Revenue Code.--Section 432(d) of 
the Internal Revenue Code of 1986 is amended to read as 
follows:
  ``(d) Rules for Operation of Plan During Adoption and 
Improvement Periods.--
          ``(1) Compliance with funding improvement plan.--
                  ``(A) In general.--A plan may not be amended 
                after the date of the adoption of a funding 
                improvement plan under subsection (c) so as to 
                be inconsistent with the funding improvement 
                plan.
                  ``(B) Special rules for benefit increases.--A 
                plan may not be amended after the date of the 
                adoption of a funding improvement plan under 
                subsection (c) so as to increase benefits, 
                including future benefit accruals, unless the 
                plan actuary certifies that such increase is 
                paid for out of additional contributions not 
                contemplated by the funding improvement plan, 
                and, after taking into account the benefit 
                increase, the multiemployer plan still is 
                reasonably expected to meet the applicable 
                benchmark on the schedule contemplated in the 
                funding improvement plan.
          ``(2) Special rules for plan adoption period.--During 
        the period beginning on the date of the certification 
        under subsection (b)(3)(A) for the initial 
        determination year and ending on the date of the 
        adoption of a funding improvement plan--
                  ``(A) the plan sponsor may not accept a 
                collective bargaining agreement or 
                participation agreement with respect to the 
                multiemployer plan that provides for--
                          ``(i) a reduction in the level of 
                        contributions for any participants,
                          ``(ii) a suspension of contributions 
                        with respect to any period of service, 
                        or
                          ``(iii) any new direct or indirect 
                        exclusion of younger or newly hired 
                        employees from plan participation, and
                  ``(B) no amendment of the plan which 
                increases the liabilities of the plan by reason 
                of any increase in benefits, any change in the 
                accrual of benefits, or any change in the rate 
                at which benefits become nonforfeitable under 
                the plan may be adopted unless the amendment is 
                required as a condition of qualification under 
                part I of subchapter D of chapter 1 or to 
                comply with other applicable law.''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 107. CORRECTIVE PLAN SCHEDULES WHEN PARTIES FAIL TO ADOPT IN 
                    BARGAINING.

  (a) Amendments to Employee Retirement Income Security Act of 
1974.--Section 305 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1085) is amended--
          (1) in subsection (c), by amending paragraph (7) to 
        read as follows:
          ``(7) Imposition of schedule where failure to adopt 
        funding improvement plan.--
                  ``(A) Initial contribution schedule.--If--
                          ``(i) a collective bargaining 
                        agreement providing for contributions 
                        under a multiemployer plan that was in 
                        effect at the time the plan entered 
                        endangered status expires, and
                          ``(ii) after receiving one or more 
                        schedules from the plan sponsor under 
                        paragraph (1)(B), the bargaining 
                        parties with respect to such agreement 
                        fail to adopt a contribution schedule 
                        with terms consistent with the funding 
                        improvement plan and a schedule from 
                        the plan sponsor,
                the plan sponsor shall implement the schedule 
                described in paragraph (1)(B)(i)(I) beginning 
                on the date specified in subparagraph (C).
                  ``(B) Subsequent contribution schedule.--If--
                          ``(i) a collective bargaining 
                        agreement providing for contributions 
                        under a multiemployer plan in 
                        accordance with a schedule provided by 
                        the plan sponsor pursuant to a funding 
                        improvement plan (or imposed under 
                        subparagraph (A)) expires while the 
                        plan is still in endangered status, and
                          ``(ii) after receiving one or more 
                        updated schedules from the plan sponsor 
                        under paragraph (6)(B), the bargaining 
                        parties with respect to such agreement 
                        fail to adopt a contribution schedule 
                        with terms consistent with the updated 
                        funding improvement plan and a schedule 
                        from the plan sponsor,
                then the contribution schedule applicable under 
                the expired collective bargaining agreement, as 
                updated and in effect on the date the 
                collective bargaining agreement expires, shall 
                be implemented by the plan sponsor beginning on 
                the date specified in subparagraph (C).
                  ``(C) Date of implementation.--The date 
                specified in this subparagraph is the date 
                which is 180 days after the date on which the 
                collective bargaining agreement described in 
                subparagraph (A) or (B) expires.
                  ``(D) Failure to make scheduled 
                contributions.--Any failure to make a 
                contribution under a schedule of contribution 
                rates provided under this paragraph shall be 
                treated as a delinquent contribution under 
                section 515 and shall be enforceable as 
                such.'',
          (2) in subsection (e)(3), by amending subparagraph 
        (C) to read as follows:
                  ``(C) Imposition of schedule where failure to 
                adopt rehabilitation plan.--
                          ``(i) Initial contribution 
                        schedule.--If--
                                  ``(I) a collective bargaining 
                                agreement providing for 
                                contributions under a 
                                multiemployer plan that was in 
                                effect at the time the plan 
                                entered critical status 
                                expires, and
                                  ``(II) after receiving one or 
                                more schedules from the plan 
                                sponsor under paragraph (1)(B), 
                                the bargaining parties with 
                                respect to such agreement fail 
                                to adopt a contribution 
                                schedule with terms consistent 
                                with the rehabilitation plan 
                                and a schedule from the plan 
                                sponsor under paragraph 
                                (1)(B)(i),
                        the plan sponsor shall implement the 
                        schedule described in the last sentence 
                        of paragraph (1) beginning on the date 
                        specified in clause (iii).
                          ``(ii) Subsequent contribution 
                        schedule.--If--
                                  ``(I) a collective bargaining 
                                agreement providing for 
                                contributions under a 
                                multiemployer plan in 
                                accordance with a schedule 
                                provided by the plan sponsor 
                                pursuant to a rehabilitation 
                                plan (or imposed under 
                                subparagraph (C)(i)) expires 
                                while the plan is still in 
                                critical status, and
                                  ``(II) after receiving one or 
                                more updated schedules from the 
                                plan sponsor under subparagraph 
                                (B)(ii), the bargaining parties 
                                with respect to such agreement 
                                fail to adopt a contribution 
                                schedule with terms consistent 
                                with the updated rehabilitation 
                                plan and a schedule from the 
                                plan sponsor,
                        then the contribution schedule 
                        applicable under the expired collective 
                        bargaining agreement, as updated and in 
                        effect on the date the collective 
                        bargaining agreement expires, shall be 
                        implemented by the plan sponsor 
                        beginning on the date specified in 
                        clause (iii).
                          ``(iii) Date of implementation.--The 
                        date specified in this subparagraph is 
                        the date which is 180 days after the 
                        date on which the collective bargaining 
                        agreement described in clause (i) or 
                        (ii) expires.
                          ``(iv) Failure to make scheduled 
                        contributions.--Any failure to make a 
                        contribution under a schedule of 
                        contribution rates provided under this 
                        subsection shall be treated as a 
                        delinquent contribution under section 
                        515 and shall be enforceable as 
                        such.''.
  (b) Amendments to the Internal Revenue Code.--Section 432 of 
the Internal Revenue Code of 1986 is amended--
          (1) in subsection (c), by amending paragraph (7) to 
        read as follows:
          ``(7) Imposition of schedule where failure to adopt 
        funding improvement plan.--
                  ``(A) Initial contribution schedule.--If--
                          ``(i) a collective bargaining 
                        agreement providing for contributions 
                        under a multiemployer plan that was in 
                        effect at the time the plan entered 
                        endangered status expires, and
                          ``(ii) after receiving one or more 
                        schedules from the plan sponsor under 
                        paragraph (1)(B), the bargaining 
                        parties with respect to such agreement 
                        fail to adopt a contribution schedule 
                        with terms consistent with the funding 
                        improvement plan and a schedule from 
                        the plan sponsor,
                the plan sponsor shall implement the schedule 
                described in paragraph (1)(B)(i)(I) beginning 
                on the date specified in subparagraph (C).
                  ``(B) Subsequent contribution schedule.--If--
                          ``(i) a collective bargaining 
                        agreement providing for contributions 
                        under a multiemployer plan in 
                        accordance with a schedule provided by 
                        the plan sponsor pursuant to a funding 
                        improvement plan (or imposed under 
                        subparagraph (A)) expires while the 
                        plan is still in endangered status, and
                          ``(ii) after receiving one or more 
                        updated schedules from the plan sponsor 
                        under paragraph (6)(B), the bargaining 
                        parties with respect to such agreement 
                        fail to adopt a contribution schedule 
                        with terms consistent with the updated 
                        funding improvement plan and a schedule 
                        from the plan sponsor,
                then the contribution schedule applicable under 
                the expired collective bargaining agreement, as 
                updated and in effect on the date the 
                collective bargaining agreement expires, shall 
                be implemented by the plan sponsor beginning on 
                the date specified in subparagraph (C).
                  ``(C) Date of implementation.--The date 
                specified in this subparagraph is the date 
                which is 180 days after the date on which the 
                collective bargaining agreement described in 
                subparagraph (A) or (B) expires.'', and
          (2) in subsection (e)(3), by amending subparagraph 
        (C) to read as follows:
                  ``(C) Imposition of schedule where failure to 
                adopt rehabilitation plan.--
                          ``(i) Initial contribution 
                        schedule.--If--
                                  ``(I) a collective bargaining 
                                agreement providing for 
                                contributions under a 
                                multiemployer plan that was in 
                                effect at the time the plan 
                                entered critical status 
                                expires, and
                                  ``(II) after receiving one or 
                                more schedules from the plan 
                                sponsor under paragraph (1)(B), 
                                the bargaining parties with 
                                respect to such agreement fail 
                                to adopt a contribution 
                                schedule with terms consistent 
                                with the rehabilitation plan 
                                and a schedule from the plan 
                                sponsor under paragraph 
                                (1)(B)(i),
                        the plan sponsor shall implement the 
                        schedule described in the last sentence 
                        of paragraph (1) beginning on the date 
                        specified in clause (iii).
                          ``(ii) Subsequent contribution 
                        schedule.--If--
                                  ``(I) a collective bargaining 
                                agreement providing for 
                                contributions under a 
                                multiemployer plan in 
                                accordance with a schedule 
                                provided by the plan sponsor 
                                pursuant to a rehabilitation 
                                plan (or imposed under 
                                subparagraph (C)(i)) expires 
                                while the plan is still in 
                                critical status, and
                                  ``(II) after receiving one or 
                                more updated schedules from the 
                                plan sponsor under subparagraph 
                                (B)(ii), the bargaining parties 
                                with respect to such agreement 
                                fail to adopt a contribution 
                                schedule with terms consistent 
                                with the updated rehabilitation 
                                plan and a schedule from the 
                                plan sponsor,
                        then the contribution schedule 
                        applicable under the expired collective 
                        bargaining agreement, as updated and in 
                        effect on the date the collective 
                        bargaining agreement expires, shall be 
                        implemented by the plan sponsor 
                        beginning on the date specified in 
                        clause (iii).
                          ``(iii) Date of implementation.--The 
                        date specified in this subparagraph is 
                        the date which is 180 days after the 
                        date on which the collective bargaining 
                        agreement described in clause (ii) or 
                        (iii) expires.''.
  (c) Effective Date.--The amendments made by this section 
shall apply with respect to plan years beginning after December 
31, 2014.

SEC. 108. REPEAL OF REORGANIZATION RULES FOR MULTIEMPLOYER PLANS.

  (a) Amendments to Employee Retirement Income Security Act of 
1974.--
          (1) In general.--Sections 4241, 4242, 4243, 4244, and 
        4244A of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1421; 1422; 1423; 1424; 1425) are 
        repealed.
          (2) Modification of insolvency rules.--Section 4245 
        of such Act (29 U.S.C. 1426) is amended--
                  (A) by striking ``reorganization'' each place 
                it appears and inserting ``critical status, as 
                described in subsection 305(b)(2),'';
                  (B) in subsection (c)(2)--
                          (i) by striking ``The suspension'' 
                        and inserting ``(A) The suspension'';
                          (ii) by striking ``(within the 
                        meaning of section 4241(b)(6))''; and
                          (iii) by adding at the end the 
                        following:
          ``(B) For purposes of this paragraph--
                  ``(i) the term `person in pay status' means--
                          ``(I) a participant or beneficiary on 
                        the last day of the base plan year who, 
                        at any time during such year, was paid 
                        an early, late, normal, or disability 
                        retirement benefit (or a death benefit 
                        related to a retirement benefit), and
                          ``(II) to the extent provided in 
                        regulations prescribed by the Secretary 
                        of the Treasury, any other person who 
                        is entitled to such a benefit under the 
                        plan.
                  ``(ii) the base plan year for any plan year 
                is--
                          ``(I) if there is a relevant 
                        collective bargaining agreement, the 
                        last plan year ending at least 6 months 
                        before the relevant effective date, or
                          ``(II) if there is no relevant 
                        collective bargaining agreement, the 
                        last plan year ending at least 12 
                        months before the beginning of the plan 
                        year.
                  ``(iii) a relevant collective bargaining 
                agreement is a collective bargaining 
                agreement--
                          ``(I) which is in effect for at least 
                        6 months during the plan year, and
                          ``(II) which has not been in effect 
                        for more than 36 months as of the end 
                        of the plan year.
                  ``(iv) the relevant effective date is the 
                earliest of the effective dates for the 
                relevant collective bargaining agreements.'';
                  (C) in subsection (d)--
                          (i) in paragraph (1), by striking 
                        ``(determined in accordance with 
                        section 4243(3)(B)(ii))''; and
                          (ii) by adding at the end the 
                        following:
  ``(4) For purposes of this subsection, the value of plan 
assets shall be the value of the available plan assets 
determined under regulations prescribed by the Secretary of the 
Treasury.'';
                  (D) in subsection (e)(1)--
                          (i) in subparagraph (A), by striking 
                        ``the corporation, the parties 
                        described in section 4242(a)(2), and 
                        the plan participants and 
                        beneficiaries'' and inserting ``the 
                        parties described in section 
                        101(f)(1)''; and
                          (ii) in subparagraph (B), by striking 
                        ``section 4242(a)(2) and the plan 
                        participants and beneficiaries'' and 
                        inserting ``section 101(f)(1)''; and
                  (E) by adding at the end the following:
  ``(g) Subsections (a) and (c) shall not apply to a plan that, 
for the plan year, is operating under section 305(e)(9), 
regarding benefit suspensions by certain multiemployer plans in 
critical and declining status.''.
          (3) Conforming amendments.--
                  (A) Definition of reorganization index.--
                Section 4001(a) of such Act (29 U.S.C. 1301(a)) 
                is amended by striking paragraph (9).
                  (B) Minimum funding standards.--Section 
                304(a) of such Act (29 U.S.C. 1084(a)) is 
                amended to read as follows:
  ``(a) In General.--For purposes of section 302, the 
accumulated funding deficiency of a multiemployer plan for any 
plan year is the amount, determined as of the end of the plan 
year, equal to the excess (if any) of the total charges to the 
funding standard account of the plan for all plan years 
(beginning with the first plan year for which this part applies 
to the plan) over the total credits to such account for such 
years.''.
                  (C) Modification of part heading.--Part 3 of 
                subtitle D of title IV of such Act (29 U.S.C. 
                1421 et seq.) is amended by striking the 
                heading and inserting ``insolvent 
                plans