I 

108TH CONGRESS 

1ST SESSION H. R. 2084

To amend title I of the Employee Retirement Income Security Act of 1974 

to provide for prompt compliance with annual reporting requirements 

thereunder and prompt enforcement of such requirements. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2003

Mr. KUCINICH introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend title I of the Employee Retirement Income Security Act of 1974 to provide for prompt compliance with 

annual reporting requirements thereunder and prompt 

enforcement of such requirements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ERISA Reporting 

5 Compliance Act of 2003’’. 
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1 SEC. 2. PROMPT COMPLIANCE WITH, AND ENFORCEMENT 

2 OF, ANNUAL REPORTING REQUIREMENTS. 

3 (a) FASTER FILING OF ANNUAL REPORTS.—Section 

4 104(a) of the Employee Retirement Income Security Act 

5 of 1974 (29 U.S.C. 1024(a)) is amended—

6 (1) by inserting ‘‘(A)’’ after ‘‘SEC. 104. (a)(1)’’; 

7 (2) by striking ‘‘within 210 days after the close 

8 of such year (or within such time as may be required 

9 by regulations promulgated by the Secretary in 

10 order to reduce duplicative filing)’’ and insert ‘‘with11 in 90 days after the close of such year’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) In the case of any plan whose administrator has 

15 filed the annual report for any plan year under this part, 

16 if 450 days have elapsed since the latest date for timely 

17 filing of the annual report for such plan year and the an18 nual report has not been filed with respect to the following 

19 plan year, the Secretary shall immediately log the fact that 

20 the annual report for such following plan year has not 

21 been filed. Within 30 days thereafter, the Secretary shall 

22 issue a written notification to the administrator of the 

23 plan that the Secretary has not received the annual report 

24 for such following plan year and that, if such annual re25 port is not received within 30 days after the issuance of 

26 such notice, additional actions will be commenced by the 
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1 Secretary under section 502(c)(8). Such notice shall in2 clude a description of the actions to be taken under section 

3 502(c)(8).’’. 

4 (b) ADDITIONAL REMEDIES FOR FAILURE TO TIME5 LY FILE ANNUAL REPORT.—Section 502 of such Act is 

6 amended—

7 (1) by redesignating paragraph (8) as para8 graph (9); and 

9 (2) by inserting after paragraph (7) the fol10 lowing new paragraph: 

11 ‘‘(8) If, within 30 days after the issuance of a written 

12 notification under section 104(a)(1)(B) indicating that the 

13 annual report under part 1 has not been received for a 

14 plan year, the Secretary has received neither the annual 

15 report for such plan year nor a written certification, in 

16 a form and manner which shall be prescribed by the Sec17 retary, that such a report is not required for such plan 

18 year, the Secretary shall—

19 ‘‘(A) bring an action under subsection (a)(5) to 

20 freeze an appropriate portion of the assets of each 

21 fiduciary of such plan until such time as—

22 ‘‘(i) the annual report, or the written cer23 tification with respect to such plan year, is re24 ceived by the Secretary, or 
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1 ‘‘(ii) a showing is made that no liability 

2 has been incurred by such fiduciary in connec3 tion with the plan under section 409, and 

4 ‘‘(B) take immediate action under section 504 

5 to investigate the extent to which any requirement 

6 of this title has not been met by the plan sponsor, 

7 the plan administrator, or any other fiduciary of the 

8 plan.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to annual reports re11 quired to be filed under part 1 of subtitle B of title I of 

12 the Employee Retirement Income Security Act of 1974 on 

13 or after the date of the enactment of this Act.

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