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 Secu-
rity Act of 1974 to provide for prompt compliance with 
annual reporting requirements thereunder and prompt 
enforcement of such requirements.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘ERISA Reporting 
Compliance Act of 2003’’.
SEC. 2. PROMPT COMPLIANCE WITH, AND ENFORCEMENT 
OF, ANNUAL REPORTING REQUIREMENTS. 
(a) FASTER FILING OF ANNUAL REPORTS.—Section 
104(a) of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1024(a)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘SEC. 104. (a)(1)’’; 
(2) by striking ‘‘within 210 days after the close 
of such year (or within such time as may be required 
by regulations promulgated by the Secretary in 
order to reduce duplicative filing)’’ and insert ‘‘with-
in 90 days after the close of such year’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) In the case of any plan whose administrator has 
filed the annual report for any plan year under this part, 
if 450 days have elapsed since the latest date for timely 
filing of the annual report for such plan year and the an-
nual report has not been filed with respect to the following 
plan year, the Secretary shall immediately log the fact that 
the annual report for such following plan year has not 
been filed. Within 30 days thereafter, the Secretary shall 
issue a written notification to the administrator of the 
plan that the Secretary has not received the annual report 
for such following plan year and that, if such annual re-
port is not received within 30 days after the issuance of 
such notice, additional actions will be commenced by the
Secretary under section 502(c)(8). Such notice shall in-
clude a description of the actions to be taken under section 
502(c)(8).’’. 
(b) ADDITIONAL REMEDIES FOR FAILURE TO TIME-
LY FILE ANNUAL REPORT.—Section 502 of such Act is 
amended—
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) If, within 30 days after the issuance of a written 
notification under section 104(a)(1)(B) indicating that the 
annual report under part 1 has not been received for a 
plan year, the Secretary has received neither the annual 
report for such plan year nor a written certification, in 
a form and manner which shall be prescribed by the Sec-
retary, that such a report is not required for such plan 
year, the Secretary shall—
‘‘(A) bring an action under subsection (a)(5) to 
freeze an appropriate portion of the assets of each 
fiduciary of such plan until such time as—
‘‘(i) the annual report, or the written cer-
tification with respect to such plan year, is re-
ceived by the Secretary, or
‘‘(ii) a showing is made that no liability 
has been incurred by such fiduciary in connec-
tion with the plan under section 409, and 
‘‘(B) take immediate action under section 504 
to investigate the extent to which any requirement 
of this title has not been met by the plan sponsor, 
the plan administrator, or any other fiduciary of the 
plan.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to annual reports re-
quired to be filed under part 1 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 on 
or after the date of the enactment of this Act.
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