Pub. L. 111-31, div. B, tit. I, sec. 106
ACKNOWLEDGMENT OF RISK.
SEC. 106. ACKNOWLEDGMENT OF RISK.(a) In General.—Section 8439(d) of title 5, United States Code, is amended—(1) by striking the matter after “who elects to invest in” and before “shall sign an acknowledgment” and inserting “any investment fund or option under this chapter, other than the Government Securities Investment Fund,”; and(2) by striking “either such Fund” and inserting “any such fund or option”.(b) Coordination With Provisions Relating to Fiduciary Responsibilities, Liabilities, and Penalties.—Section 8477(e)(1)(C) of title 5, United States Code, is amended—(1) by redesignating subparagraph (C) as subparagraph (C)(i); and(2) by adding at the end the following:“(ii) A fiduciary shall not be liable under subparagraph (A), and no civil action may be brought against a fiduciary—123 STAT. 1856“(I) for providing for the automatic enrollment of a participant in accordance with section 8432(b)(2)(A);“(II) for enrolling a participant in a default investment fund in accordance with section 8438(c)(2); or“(III) for allowing a participant to invest through the mutual fund window or for establishing restrictions applicable to participants’ ability to invest through the mutual fund window.”.