; or (E) ; (2) by striking (C), or (D) and inserting (C), (D), or (E) ; and (3) by striking (iii) which is a plan funded and inserting (iii) in the case of a plan not described in subparagraph (D), which is a plan funded . (d) Amendments to the Securities Exchange Act of 1934 Section 3(a)(12)(C) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(12)(C) ) is amended— (1) by striking or (iv) and inserting (iv) a plan which meets the requirements of section 403(b) of such Code if (I) such plan is subject to title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.), (II) any employer making such plan available agrees to serve as a fiduciary for the plan with respect to the selection of the plan’s investments among which participants can choose, or (III) such plan is a governmental plan (as defined in section 414(d) of such Code), or (v) ; (2) by striking (ii), or (iii) and inserting (ii), (iii), or (iv) ; and (3) by striking (II) is a plan funded and inserting (II) in the case of a plan not described in clause (iv), is a plan funded .