I 
108TH CONGRESS 
1ST SESSION H. R. 3005
To amend title IV of the Employee Retirement Income Security Act of 
1974 to improve disclosure of the funding status of single-employer 
pension plans. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 4, 2003
Mr. DOGGETT
(for himself, Mr. GEORGE
MILLER
of California, Mr. 
MCDERMOTT, Mr. SANDLIN, Mr. STARK, Mr. JEFFERSON, Mr. BECERRA, 
Mr. MATSUI, Mr. KILDEE, Mr. TIERNEY, Mr. DAVIS of Illinois, Mr. 
HASTINGS of Florida, Ms. JACKSON-LEE of Texas, Mr. RUSH, Mr. WU, 
Ms. KILPATRICK, Mr. RYAN of Ohio, Ms. LEE, Mr. LAMPSON, Ms. SOLIS, 
Ms. MILLENDER-MCDONALD, Ms. KAPTUR, Mr. BAIRD, Mr. BROWN of 
Ohio, Mr. VAN HOLLEN, Mr. FARR, Ms. MCCARTHY of Missouri, and Mr. 
STRICKLAND) introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend title IV of the Employee Retirement Income Secu-
rity Act of 1974 to improve disclosure of the funding 
status of single-employer pension plans.
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 ‘‘Pension Security Dis-
closure Act of 2003’’.
SEC. 2. AVAILABILITY FOR PUBLIC DISCLOSURE OF CER-
TAIN INFORMATION REGARDING THE ASSETS 
AND 
LIABILITIES 
OF 
CERTAIN 
UNDER-
FUNDED SINGLE-EMPLOYER PLANS. 
(a) IN GENERAL.—Section 4010(c) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1310(c)) is amended to read as follows: 
‘‘(c) PUBLIC DISCLOSURE OF INFORMATION.—
‘‘(1) PUBLIC
INFORMATION.—Except as pro-
vided in paragraph (3), the contents of records, doc-
uments, and other information filed with the cor-
poration pursuant to subsection (a) shall be public 
information and the corporation shall make any such 
information available for inspection in the principal 
office of the corporation and shall, upon written re-
quest of any participant or beneficiary, furnish to 
such participant or beneficiary a written copy of any 
such information. The corporation may by regulation 
provide for a reasonable charge to cover the cost of 
furnishing any such copy of such information. 
‘‘(2) DISCLOSURE
ON
THE
INTERNET
AND 
OTHER MEDIA.——
‘‘(A) IN
GENERAL.—In the case of any 
plan whose funding ratio for the most recent re-
porting period was less than 90 percent, the 
corporation shall—
‘‘(i) provide by regulation for timely 
disclosure in summary form of the con-
tents of records, documents, and other in-
formation filed thereafter with the corpora-
tion in connection with the plan pursuant 
to subsection (a) on a website maintained 
by the corporation on the Internet and 
other appropriate media, and 
‘‘(ii) immediately upon making the 
disclosure required under clause (i), trans-
mit to the plan administrator, in the sum-
mary form described in clause (i), a copy 
of the material required to be disclosed 
under clause (i). 
‘‘(B) FUNDING
RATIO.—For purposes of 
this paragraph, the term ‘funding ratio’ for a 
reporting period means the ratio of—
‘‘(i) the assets of the plan described in 
subsection (a)(1) as of the end of the re-
porting period, to 
‘‘(ii) the liabilities of the plan de-
scribed in subsection (a)(1) as of the end 
of the reporting period. 
‘‘(3) DIRECT PROVISION OF INFORMATION TO 
PARTICIPANTS
AND
BENEFICIARIES.—Within 30
days after receipt of material transmitted to the 
plan administrator pursuant to paragraph (2)(A)(ii), 
the plan administrator shall provide a copy of such 
material to each participant and beneficiary under 
the plan. 
‘‘(4) EXCEPTION FOR CONFIDENTIAL INFORMA-
TION.—Paragraphs (1), (2), and (3) shall not apply 
with respect to information described in subsection 
(a) which the corporation has identified by regula-
tion as confidential information.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to information pro-
vided to the Pension Benefit Guaranty Corporation pursu-
ant to section 4010 of the Employee Retirement Income 
Security Act of 1974 with respect to reporting periods 
ending on or after December 31, 2003.
Æ