To setup up a Safe Harbor 401(k) plan for 2012, the business must have their plan set up by October 1st by law.

FORBES: Why this is the year to start your small business 401(k) before the September deadline

As a compromise, Congress could make the program optional, but give employers who adopt the principles safe harbor from employee lawsuits involving plan investment options.

FORBES: Educating a Nation of Financial Illiterates

The plan also offers no "safe harbor" provision to shield mortgage servicers from lawsuits by investors holding the securities backed by a loan being modified.

MSN: Housing plan details which borrowers get help