123STA T . 1 854PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (b)AUTHORI T YT O ES T ABL ISH .— T he E x e cutiv e D i r ect o r s h al l b y re g ulatio np rovi d e f or the inclusion in the Thrift S avings P lan ofa q ualified R oth contribution progra m, under such terms and conditions as the B oard may prescribe. ‘‘(c) R EQ UIRE D PRO V ISIO N S.—The regulations under subsection (b) shall include— ‘‘( 1 ) provisions under w hich an election to ma k e designated Roth contributions may be made— ‘‘(A) by any individual who is eligible to make contribu - tions under section 835 1,8 4 3 2 (a), 844 0 a, 8440b, 8440c, 8440d, or 8440e
and ‘‘(B) by any individual, not described in subparagraph (A), who is otherwise eligible to make elective deferrals under the Thrift Savings Plan; ‘‘(2) any provisions which may, as a result of enactment of this section, be necessary in order to clarify the meaning of any reference to an ‘account ’ made in section 8432(f), 8433, 8434(d), 8435, 843 7 , or any other provision of law; and ‘‘(3) any other provisions which may be necessary to carry out this section.’’. (b) C LERI C ALA M ENDMENT.—The analysis for chapter 84 of title 5, U nited States Code, is amended by inserting after the item relating to section 8432c the following
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‘ 8432d.Qualif i e d Rothc o n t r i b ution p ro g ra m . ’ ’. SEC.104 . AUTHORI T Y TO ESTA BL ISH M UTUAL F U NDW INDOW. (a) I N G ENERAL.—Section 8438(b)(1) of title 5, United States Code, is amended— (1) in subparagraph (D), by striking ‘‘and’’ at the end; (2) in subparagraph (E), by striking the period and inserting ‘‘; and’’; and (3) by adding after subparagraph (E) the following: ‘‘( F ) a service that enables participants to invest in mutual funds, if the Board authori z es the mutual fund window under paragraph (5).’’. (b) REQUIREMENTS.—Section 8438(b) of title 5, United States Code, is amended by adding at the end the following: ‘‘(5)(A) The Board may authorize the addition of a mutual fund window under the Thrift Savings Plan if the Board determines that such addition would be in the best interests of participants. ‘‘(B) The Board shall ensure that any expenses charged for use of the mutual fund window are borne solely by the participants who use such window. ‘‘(C) The Board may establish such other terms and conditions for the mutual fund window as the Board considers appropriate to protect the interests of participants, including requirements relating to risk disclosure. ‘‘(D) The Board shall consult with the Employee Thrift Advisory Council (established under section 8473) before authorizing the addition of a mutual fund window or establishing a service that enables participants to invest in mutual funds.’’. (c) TECHNICAL AND CON F ORMIN G AMENDMENT.—Section 8438(d)(1) of title 5, United States Code, is amended by inserting ‘‘and options’’ after ‘‘investment funds’’. Consulta t i on .Reg ulations.
