; and (iv) with respect to allocated shares that the independent trustee does not receive voting or tender instructions from participants in the employee stock ownership plan, the independent trustee shall have voting discretion over such shares. (2) Voting discretion Nothing in paragraph (1)(B) shall limit the ability of an independent trustee to exercise voting discretion in accordance with the fiduciary obligations of the independent trustee under the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ). (3) Limitation The requirements under paragraph (1) shall apply only with respect to the period during which the employee equity investment company has an interest in the covered small business concern. (m) Reports In addition to the reporting requirements in 310(b), each employee equity investment company (including each Protege EEIC licensed to operate as an employee equity investment company) and each non-EEIC company that has outstanding leverage received from the facility shall submit to the Administrator an annual report, which shall include, for the year covered by the report, the following information, disaggregated by covered investments made under subparagraph (A) and (B) of section 103(21): (1) Whether the covered investment was made with respect to an employee stock ownership plan or eligible worker-owned cooperative. (2) For an employee stock ownership plan— (A) the effective date of the plan; (B) the number of active plan participants; (C) the number of employees of the covered small business concern for which the employee stock ownership plan is established; (D) the total value of employer securities, as determined by an independent appraiser hired by the independent trustee of the employee stock ownership plan; (E) the total plan assets; (F) the total contributions during the plan year; (G) the total distributions during the plan year; (H) the median account asset balance