Responsible Legislating Act
- Sponsor
- Rep. McGovern, James P. [D-MA-2]
- Committees
- Agriculture Committee (primary)
- Last action
- Mar 14, 2025
Bottom line
The bill is a comprehensive package addressing diverse policy areas from retirement security and economic development to public safety and federal agency operations, reflecting a broad legislative agenda.
What it actually does
This omnibus bill, titled the 'Responsible Legislating Act,' proposes a wide array of policy changes across numerous federal agencies and programs. It includes provisions related to agricultural reporting, veterans' apprenticeship programs, federal employee retirement benefits, extensive reforms to private sector retirement plans (401k, IRA, 403b, SEP, SIMPLE plans), small business support for veterans, increased penalties for human trafficking in school zones, establishment of a commission for an Asian Pacific American museum, initiatives to boost foreign direct investment in semiconductor manufacturing, amendments to Homeland Security grant processes, an extension for NASA's enhanced use leasing authority, House rules changes for whistleblower protection, a study on foreign ownership of U.S. ports, changes to federal credit union meeting requirements, and specific appropriations for several federal departments and offices.
Proponents argue
Proponents would argue that this bill represents a responsible and forward-thinking approach to governance, addressing critical needs across various sectors. They would highlight the enhancements to retirement savings, support for veterans and small businesses, efforts to combat human trafficking, and strategic investments in national security and infrastructure as vital steps to improve the lives of Americans and strengthen the nation's economy and security. The diverse nature of the bill allows for broad appeal and the potential to enact multiple beneficial policies simultaneously.
Opponents contend
Opponents might criticize the bill as an overly broad 'Christmas tree' package, arguing that combining such disparate policies into a single piece of legislation limits transparency and accountability. They may contend that some provisions could be controversial or warrant individual debate, and that bundling them together forces votes on unrelated matters. Concerns could also be raised about the fiscal implications of the various tax credits and appropriations, or the potential for unintended consequences from such wide-ranging reforms without sufficient individual scrutiny.
The bill is 50 pages long and covers highly technical areas, particularly in Title IV (retirement reforms). An informed reader would require several hours to fully grasp its implications, which is a significant time commitment for legislative review.
Title I, Sec. 101
Livestock Mandatory Reporting Extension
This section extends the Livestock Mandatory Reporting Act of 1999 by one year, from 2024 to 2025. This act requires meatpackers to report information on the prices, volumes, and terms of livestock purchases to the U.S. Department of Agriculture, which then disseminates this information to the public. The extension ensures the continued collection and dissemination of market data for cattle, hogs, and lambs, which is used by producers and other market participants.
Supporters argue
Supporters argue that extending livestock mandatory reporting is crucial for market transparency, allowing producers to make informed decisions and ensuring fair competition. Without it, smaller producers could be at a disadvantage.
Critics contend
Critics, if any, might argue that mandatory reporting imposes an undue administrative burden on meatpackers, potentially increasing costs that could be passed on to consumers or reduce producer prices. However, this is a routine extension with broad support.
Tradeoffs
The primary tension is between the desire for market transparency to aid producers and the administrative burden on reporting entities. The extension maintains the status quo, indicating a preference for transparency.
Title II, Sec. 201-202
Education and Websites for Veterans' Apprenticeships
This title mandates the inclusion of information about registered apprenticeship programs in the Transition Assistance Program for separating service members. It also requires the Assistant Secretary of Labor for Veterans' Employment and Training, in coordination with the Secretary of Veterans Affairs, to establish or update a user-friendly website for veterans to find searchable and sortable information on apprenticeship programs, including descriptions, costs, contact information, endorsements, hiring preferences for veterans, and certifications earned.
Title III, Sec. 302
Retirement for Certain Employees Disabled on Duty
This section amends federal retirement systems (CSRS, FERS, CIA, Foreign Service) to allow certain federal employees in 'covered positions' (e.g., law enforcement, firefighters, air traffic controllers) who become permanently disabled on duty to retain their specialized retirement crediting if they are reappointed to a non-covered position within the same agency. This treatment applies unless the individual elects otherwise, or if they are transferred to a supervisory role or meet mandatory separation age for their former covered position. The goal is to retain experienced individuals in federal service despite injury.
Title IV, Sec. 401
Mandatory Automatic Enrollment in Retirement Plans
This section mandates that new 401(k) and 403(b) plans (established after the enactment date) must include an automatic enrollment feature. Employees would be automatically enrolled with a minimum contribution of 3% (up to 10%) in the first year, increasing by 1% annually to at least 10% (up to 15%), unless they opt out or elect a different percentage. Contributions for which no investment is elected must be invested in accordance with specific regulations. Exceptions apply for simple plans, plans established before enactment, governmental/church plans, and new or small businesses.
Title IV, Sec. 402
Modification of Credit for Small Employer Pension Plan Startup Costs
This section enhances the existing tax credit for small employers establishing new retirement plans. It increases the credit percentage from 50% to 100% for employers with 50 or fewer employees. Additionally, it introduces a new credit for employer contributions to eligible plans, providing an 'applicable percentage' (starting at 100% in the first year and phasing down over four years) of contributions, up to $1,000 per employee. The deduction for these costs and contributions is disallowed to the extent a credit is claimed.
Title IV, Sec. 404
Enhancement of Saver's Credit
This section significantly enhances the Saver's Credit (Retirement Savings Contributions Credit) by setting a uniform 50% credit rate (currently it varies by AGI and filing status) and adjusting the adjusted gross income (AGI) phaseout thresholds. For joint filers, the credit would begin to phase out at $48,000 AGI and fully phase out at $83,000. These thresholds will be indexed for inflation after 2028. The changes are effective for taxable years beginning after December 31, 2028.
Title IV, Sec. 406
Increase in Age for Required Minimum Distributions (RMDs)
This section gradually increases the age at which individuals must begin taking required minimum distributions (RMDs) from their retirement accounts. For individuals who attain age 72 after December 31, 2024, and age 73 before January 1, 2032, the applicable age is 73. For those attaining age 73 after December 31, 2031, and age 74 before January 1, 2035, the applicable age is 74. Finally, for those attaining age 74 after December 31, 2034, the applicable age is 75. This allows individuals to keep their savings in tax-deferred accounts for longer.
Title IV, Sec. 411
Treatment of Student Loan Payments as Elective Deferrals for Matching Contributions
This section allows employers to make matching contributions to a defined contribution plan (like a 401(k)) based on an employee's qualified student loan payments, treating these payments as if they were elective deferrals. This means employees making student loan payments can still receive employer matching contributions even if they are not contributing to their retirement plan. The provision includes rules for nondiscrimination testing and allows employers to rely on employee certifications of payments.
Title IV, Sec. 422
Recovery of Retirement Plan Overpayments
This section establishes rules for how retirement plans can handle inadvertent benefit overpayments. It generally protects plan fiduciaries from breach of duty claims if they decide not to seek recovery of overpayments, provided certain conditions are met. If recoupment from a participant or beneficiary is sought, strict conditions apply: no interest, limits on annual recoupment (10% of overpayment, not below 90% of periodic benefit), no threats of litigation unless reasonable belief of prevailing, no collection agencies unless ignored, no recoupment from beneficiaries of the participant, and a 3-year limit from first overpayment notification. It also clarifies that rollovers of overpayments are permitted under certain conditions.
Title IV, Sec. 427
Retirement Savings Lost and Found
This section mandates the Secretary of Labor, in consultation with the Secretary of the Treasury, to establish an online searchable database called the 'Retirement Savings Lost and Found' within two years. This database will help individuals locate administrators of plans they participated in, especially after job changes, mergers, or plan terminations. Plan administrators will be required to submit specific information to the Department of Labor for inclusion in this database, including participant identifying numbers and details about distributions or deferred annuity contracts.
Title IV, Sec. 431
One-Time Election for Qualified Charitable Distribution to Split-Interest Entity; Increase in QCD Limitation
This section allows a one-time election for individuals aged 70½ or older to make a qualified charitable distribution (QCD) from an IRA directly to a split-interest entity (charitable remainder annuity trust, charitable remainder unitrust, or charitable gift annuity), up to an aggregate amount of $50,000. These trusts must be funded exclusively by QCDs. It also increases the annual QCD limitation (currently $100,000) and the new $50,000 limit for split-interest entities, indexing both for inflation after 2022.
Title IV, Sec. 439
Penalty-Free Withdrawals from Retirement Plans for Domestic Abuse Victims
This section allows individuals who are victims of domestic abuse by a spouse or domestic partner to make penalty-free withdrawals from their retirement plans. The aggregate amount of such withdrawals is limited to the lesser of $10,000 or 50% of the present value of the nonforfeitable accrued benefit. These distributions can be repaid to an eligible retirement plan within a 3-year period. The provision defines domestic abuse broadly to include physical, psychological, sexual, emotional, or economic abuse, and allows for self-certification by the employee.
Title IV, Sec. 447
SIMPLE and SEP Roth IRAs
This section allows for the establishment of Roth versions of Simplified Employee Pensions (SEPs) and Savings Incentive Match Plans for Employees (SIMPLE) IRAs. Currently, these plans only allow pre-tax contributions. Under the new rules, employees can elect to have contributions made to a Roth SEP or SIMPLE IRA, meaning contributions are made with after-tax dollars but qualified distributions in retirement are tax-free. This provides more flexibility for small businesses and their employees in choosing their retirement savings vehicle.
Title V, Sec. 501
Boots to Business Program Extension and Enhancement
This section extends the 'Boots to Business Program' through September 30, 2028. This program, carried out by the Small Business Administration (SBA), provides entrepreneurship training to service members, veterans, and their spouses/dependents. The bill outlines program components (presentations, online courses, in-person instruction), emphasizes collaboration with public/private entities, and mandates regular participation of Veteran Business Outreach Centers. It also requires annual reports on program performance and effectiveness to Congress.
Title VI, Sec. 601-602
Increased Punishment for Human Trafficking and Coercion in School Zones
This title increases the penalties for human trafficking (Section 1591 of title 18, U.S. Code) and coercion/enticement (Section 2422 of title 18, U.S. Code) when these crimes occur in a 'school zone,' on or within 1,000 feet of a school-sponsored activity, or on or within 1,000 feet of an institution of higher education. Violators would face an additional prison sentence of up to 5 years. The definition of 'minor' for coercion offenses is clarified as an individual under 18 years of age.
Title VII, Sec. 701-703
Commission to Study National Museum of Asian Pacific American History and Culture
This title establishes an 8-member Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission is tasked with submitting reports to the President and Congress on the feasibility of establishing and maintaining such a museum, including collection costs, potential locations, governance, and fundraising plans. The Commission must also obtain an independent review of its fundraising plan's viability, particularly regarding funding construction and operations without federal appropriations. No federal funds may be obligated for the Commission's work.
Title VIII, Sec. 803-804
SelectUSA Coordination and Report on Semiconductor Investment
This title directs the Executive Director of SelectUSA (a Department of Commerce program) to solicit comments from State-level economic development organizations within 180 days of enactment. The purpose is to identify federal support, barriers, opportunities, and resource gaps related to increasing foreign direct investment (FDI) in semiconductor-related production. Within two years, SelectUSA must submit a report to Congress detailing its activities and strategies to increase FDI in semiconductor manufacturing and production, including working with federal agencies and state organizations, and ensuring foreign adversaries do not benefit.
Title IX, Sec. 901
Approval of Certain Equipment for Homeland Security Grants
This section amends the Homeland Security Act of 2002 to require the FEMA Administrator to implement a uniform process for reviewing applications for grants (under sections 2003 or 2004) to purchase equipment or systems that do not meet national voluntary consensus standards or are not on the Authorized Equipment List. The review process must consider factors such as current federal/Armed Forces use, absence of national standards, existence of international standards, how the equipment addresses capability gaps, and whether it serves applicant needs better than standard-compliant equipment. The Inspector General is also required to report on the implementation of this review process.
Title X, Sec. 1002
Extension of NASA's Enhanced Use Leasing Authority
This section extends the National Aeronautics and Space Administration's (NASA) authority to enter into enhanced use leases of its non-excess, underutilized properties and facilities. The authority, which was set to expire on December 31, 2032, is extended by one year to December 31, 2033. This authority allows NASA to lease out its property to private sector entities, state/local governments, academic institutions, and other federal agencies, generating revenue that can be used for facility operations and maintenance.
Title XII, Sec. 1201
Code of Official Conduct for Whistleblower Protection
This section amends Rule XXIII of the Rules of the House of Representatives to prohibit Members, Delegates, Resident Commissioners, officers, or employees of the House from knowingly and willfully disclosing publicly the identity or personally identifiable information of individuals who report allegations of wrongdoing under federal whistleblower protection laws. Exceptions are made for express written consent, voluntary public disclosure by the individual, or an affirmative two-thirds vote by a committee chair with appropriate safeguards. This aims to strengthen protections for whistleblowers interacting with Congress.
Title XIII, Sec. 1301
Study on Foreign Ownership of U.S. Ports
This section directs the Chairman of the Federal Maritime Commission (FMC) to seek an agreement with a federally funded research and development center to evaluate how foreign ownership of marine terminals at the 15 largest U.S. container ports affects or could affect U.S. economic security. The study must consider changes in ownership over the past decade, instances of Chinese or Russian ownership, cumulative foreign ownership, federal grant funds received by foreign-owned terminals, and the nature of foreign operational control. It also requires recommendations on policies to prevent excessive foreign ownership and its potential impacts on the supply chain.
Title XV, Sec. 1501
Frequency of Federal Credit Union Board Meetings
This section amends the Federal Credit Union Act to revise the required frequency of board of directors meetings for federal credit unions. Instead of a universal 'at least once a month' requirement, the new rules are tiered: de novo credit unions must meet monthly for their first five years; credit unions with strong financial and management ratings (1 or 2 under UFIRS) must meet at least six times annually (with at least one meeting per fiscal quarter); and credit unions with lower ratings (3, 4, or 5 under UFIRS) must continue to meet at least once a month.
Title XVI, Sec. 1601
Appropriations for Various Federal Agencies
This title provides additional appropriations for several federal departments and offices for the fiscal year ending September 30, 2026. Specific allocations include $1,000,000 for the Telehealth Resource Center within the Health Resources and Services Administration (HRSA) for skilled nursing and nursing facilities, $1,000,000 for the Office of Budget and Program Analysis within the Department of Agriculture, $1,000,000 for the Capital Investment Fund of the Department of State, $1,000,000 for Operation and Maintenance, Army within the Department of Defense, $1,000,000 for the Management Directorate of the Department of Homeland Security, and $1,000,000 for the Energy Information Administration within the Department of Energy.
Applies the credit for small employer pension plan startup costs to employers joining an existing plan, retroactively effective as if included in the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).
Title IV, Sec. 412
Why it matters:The retroactive effective date is a common legislative practice for technical corrections to ensure consistent application of the law from its original intent. Its placement within a broad retirement title makes it less conspicuous.
Case for: Proponents argue this technical correction ensures that the small employer startup credit properly applies to employers joining existing multiple employer plans, as was likely the original intent of the SECURE Act, thereby expanding its beneficial reach.
Case against: No specific opposition is typically raised against technical corrections that clarify the application of existing tax benefits, as they are generally non-controversial.
Estimated impact: Clarifies eligibility for a tax credit, potentially increasing its utilization by a specific subset of small employers.
Establishes a safe harbor for corrections of employee elective deferral failures related to automatic contribution errors in retirement plans. It allows for self-correction of reasonable administrative errors within 9.5 months after the plan year end, provided the correction is favorable to the participant and applied nondiscriminatorily. The correction period for eligible inadvertent failures is made indefinite, except for those identified by the Secretary prior to self-correction.
Title IV, Sec. 415
Why it matters:Such provisions are typically placed in technical titles as they address operational aspects of plan administration. The indefinite correction period is a significant administrative relief that might be overlooked by a casual reader.
Case for: Proponents argue this safe harbor significantly reduces the administrative burden and potential penalties for employers and plan administrators, encouraging broader adoption of automatic enrollment features by simplifying error correction. It allows plans to fix mistakes without severe consequences.
Case against: Critics might argue that an indefinite correction period could reduce the incentive for plans to maintain rigorous compliance, potentially leading to more errors or delayed corrections. However, the 'favorable to participant' and 'nondiscriminatory' requirements mitigate this.
Estimated impact: Reduces compliance costs for retirement plans, potentially encouraging more plans to adopt automatic enrollment. Could also lead to more consistent and timely correction of errors for participants.
Eliminates unnecessary plan disclosure requirements for 'unenrolled participants' in individual account plans. An unenrolled participant is an eligible employee who has received initial plan documents, is not participating, and has no account balance. These individuals would only receive an annual reminder notice of eligibility and any requested documents, rather than all standard disclosures.
Title IV, Sec. 426
Why it matters:Administrative relief provisions are often placed in technical sections. The definition of 'unenrolled participant' and the specific documents exempted require careful reading to understand the full scope of the change.
Case for: Proponents argue this reduces significant administrative and printing costs for plan sponsors by streamlining disclosures to employees who have chosen not to participate, without depriving them of essential information or their right to request documents.
Case against: Critics might argue that even unenrolled participants could benefit from receiving full disclosures, as it might prompt them to enroll in the future, and reducing information could be seen as a step backward for transparency. However, the annual reminder notice aims to mitigate this.
Estimated impact: Reduces administrative costs for retirement plan sponsors, potentially encouraging more employers to offer plans. May slightly reduce the amount of information received by non-participating employees.