Secretary shall establish a procedure which shall be substantially similar to the processes for recognition of exemption under section 501(a) or 4945(g) and under which an entity seeking to receive program-related investments may petition the Secretary for a determination that, based on consideration of all relevant facts and circumstances, investments by private foundations in such entity will be program-related investments meeting the requirements of paragraph (2). Under this procedure, the Secretary shall rule on all requests within 120 days of submission. (4) Effect of determination Once a determination has been made that investments in an entity qualify as program-related investments, organizations making such investments shall be entitled to rely on the determination, unless and until the Secretary publishes notice of revocation of the determination. (5) Voluntary nature of process Entities seeking program-related investments are not required to seek a determination under paragraph (3), and the absence of such a determination shall not affect the ability of a private foundation to make a program-related investment based on its own determination that the investment qualifies as a program-related investment. (6) Organizations treated as private foundations For purposes of this subsection and section 6104A, all references to private foundations include organizations that are treated as private foundations under any of the provisions of sections 4940 through 4948, inclusive, whether created under State law or the law of any federally recognized tribe. . 3. Declaratory judgment remedy Paragraph (1) of section 7428(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (D) and by adding after subparagraph (E) the following new subparagraph: (F) with respect to whether investments in an entity are program-related investments (as described in section 4944(c)(2)), or . 4. Information returns Part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended