datamatters24/research-document-archive huggingface dataset:
retary shall issue such a waiver if and only if the 
plan sponsor demonstrates to the satisfaction of the 
Secretary, in accordance with regulations prescribed 
by the Secretary, that such plan sponsor will be un-
able to continue in business unless such a waiver is 
issued. 
‘‘(e) CONSENT
OR AUTHORIZATION
BY PARTICI-
PANT.—A reduction of benefits shall not be treated as pro-
hibited by this section if such reduction is consented to 
in writing by any retired participant or is authorized with 
respect to the retired participant under the terms of one 
or more agreements which the Secretary finds to be collec-
tive bargaining agreements between one or more employee 
representatives who were representing such participant at 
the time of the entry into such agreement and one or more 
employers. 
‘‘SEC. 802. ADOPTION BY GROUP HEALTH PLANS OF PROVI-
SION BARRING POST-RETIREMENT REDUC-
TIONS IN RETIREE HEALTH BENEFITS. 
‘‘Every group health plan shall contain a provision 
which expressly bars the plan, or any fiduciary of the plan, 
from reducing the benefits provided under the plan to a 
retired participant, or his or her beneficiary, if such reduc-
tion affects the benefits provided to the participant or ben-
eficiary as of the date the participant retired for purposes 
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of the plan and such reduction occurs after the partici-
pant’s retirement. 
‘‘SEC. 803. RESTORATION BY GROUP HEALTH PLANS OF 
BENEFITS REDUCED AFTER RETIREMENT. 
‘‘(a) IN GENERAL.—The plan sponsor of each group 
health plan shall provide, in accordance with this section, 
the option of benefit restoration to each retired participant 
that meets the following requirements: 
‘‘(1) The retired participant is entitled to ben-
efit coverage under the plan as of the date of enact-
ment of the Emergency Retiree Health Benefits Pro-
tection Act of 2007. 
‘‘(2) The amount, type, level, or form of any 
benefits or option provided to the retired participant 
under the plan as of the date the participant retired 
was reduced after the participant’s date of retire-
ment. For purposes of the preceding sentence, the 
term ‘reduced’ has the same meaning as in section 
801(c). 
‘‘(3) The retired participant has elected to re-
store benefits under the plan within the restoration 
period prescribed by subsection (c) and in accord-
ance with such procedures established by the plan 
pursuant to regulations of the Secretary. 
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warehouse for consumption, on or after the 15th day after 
the date of the enactment of this Act. 
Æ 
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II
Calendar No. 515
107TH CONGRESS
2D SESSION
H. R. 3479
IN THE SENATE OF THE UNITED STATES
JULY 24, 2002
Received; read twice and placed on the calendar
AN ACT
To expand aviation capacity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘(b) EXCEPTION FOR CERTAIN PLANS.—In accord-
ance with regulations prescribed by the Secretary, sub-
section (a) shall not apply to any group health plan with 
less than 100 participants both on and after the date of 
enactment of the Emergency Retiree Health Benefits Pro-
tection Act of 2007. 
‘‘(c) RESTORATION PERIOD.—The term ‘restoration 
period’ means the period which— 
‘‘(1) begins not later than 1 year after the date 
of enactment of the Emergency Retiree Health Ben-
efits Protection Act of 2007; 
‘‘(2) ends before 2 years from such date, unless 
extended by the Secretary pursuant to section 
804(g); and 
‘‘(3) is of no less than 60 days duration. 
‘‘(d) NOTICE REQUIREMENTS CONCERNING RES-
TORATION OF BENEFITS.—In accordance with regulations 
prescribed by the Secretary, each group health plan sub-
ject to the requirements of subsection (a) shall, within no 
less than 30 days prior to the commencement of the plan’s 
restoration of benefits period, provide written notice to 
each retired participant of the plan who meets the require-
ments of subsection (a) of the following: 
‘‘(1) A description of all benefits the retired 
participant is entitled to have restored. 
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‘‘(2) The administrative procedure established 
under the plan which may be used to submit a claim 
for the restoration of any benefits. 
‘‘(3) An itemization of the value of each benefit 
the retired participant is entitled to have restored, 
as determined in accordance with regulations of the 
Secretary, and the total value of all such benefits. 
‘‘(4) A description of any post-retirement in-
creases in retiree health benefits the retired partici-
pant received which the plan sponsor could rescind 
if the retired participant asserts a claim for the res-
toration of benefits. 
‘‘(5) An itemization of the value of each retiree 
health benefit the plan sponsor could rescind, as de-
termined in accordance with regulations of the Sec-
retary, and the total value of all such benefits. 
‘‘(6) If the plan sponsor has filed an application 
for a substantial business hardship exemption under 
section 804, the date such application was filed, the 
date notice of such application was given to retired 
participants entitled to submit a claim for the res-
toration of benefits, and the status of such applica-
tion as of the date of the notice sent pursuant to 
this subsection. 
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so that officials inspecting the packages will be able 
to determine the authenticity of the shipment. Chain 
of custody procedures shall apply to such labels and 
shall include procedures applicable to contractual 
agreements for the use and distribution of the labels, 
methods to audit the use of the labels, and database 
access for the relevant governmental agencies for 
audit or verification of the use and distribution of 
the labels.’’. 
Æ 
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‘‘(7) Such other information in such form and 
detail as may be prescribed by the Secretary to carry 
out the purposes of this part. 
‘‘(e) DEADLINE FOR RESTORATION OF BENEFITS.— 
Regardless of any extension that may be granted by the 
Secretary pursuant to section 804(g), all benefits required 
to be restored under this section shall be restored within 
no more than 3 years from the date of enactment of the 
Emergency Retiree Health Benefits Protection Act of 
2007, or the date the plan sponsor files an application for 
an exemption under section 804, whichever comes last. 
‘‘SEC. 804. EXEMPTION FROM RESTORATION OF BENEFITS 
REQUIREMENTS. 
‘‘(a) APPLICATION
FOR
EXEMPTION.—Any plan 
sponsor of a group health plan that would sustain substan-
tial business hardship if required to fulfill, in whole or in 
part, the restoration of benefits requirements contained in 
section 803, may file an application for an exemption with 
the Secretary from any or all of such requirements. 
‘‘(b) AUTHORITY FOR WAIVER OR VARIANCE.—In re-
sponse to an application filed by a plan sponsor pursuant 
to subsection (a), the Secretary may waive or vary the re-
quirements of section 803 with respect to any or all of 
such requirements, including postponing for reasonable 
periods of time the obligation of the plan sponsor to re-
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store reduced benefits, if the Secretary finds that compli-
ance by the plan sponsor with the requirements of section 
803 would— 
‘‘(1) be adverse to the interests of plan partici-
pants in the aggregate; 
‘‘(2) not be administratively feasible; and 
‘‘(3) cause substantial business hardship to the 
plan sponsor. 
‘‘(c) FACTORS TAKEN INTO ACCOUNT.—For pur-
poses of this section, the factors to be taken into account 
in determining substantial business hardship shall include 
(but shall not be limited to) whether— 
‘‘(1) the plan sponsor is operating at an eco-
nomic loss; 
‘‘(2) compliance with the restoration of benefits 
requirements would necessitate substantial future re-
ductions in health benefits provided to participants 
under the plan or cause a substantial decline in em-
ployment with the plan sponsor; 
‘‘(3) it is reasonable to expect that the plan will 
be continued only if a waiver or appropriate variance 
is granted; and 
‘‘(4) the provisions of the Retiree Health Loan 
Guarantee Program established under section 805 
are unavailable to the plan sponsor submitting the 
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application, or, if available, still would not provide a 
sufficient basis for denying a waiver or variance. 
‘‘(d) REQUIREMENT OF SATISFACTORY EVIDENCE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
granting a waiver or variance under this section, re-
quire each applicant to provide evidence satisfactory 
to the Secretary that the applicant has provided 
timely written notice of the filing of an application 
for such waiver or variance to each retired partici-
pant entitled to submit a claim for the restoration 
of benefits under the applicant’s plan. 
‘‘(2) TIMELINESS.—For purposes of paragraph 
(1), a written notice shall be considered timely if it 
is provided not later than 60 days prior to the date 
the plan sponsor files an application for a waiver or 
variance under this section. 
‘‘(3) INFORMATION REQUIRED.—The notice re-
ferred to in paragraph (1) shall include information 
with respect to the specific relief that will be sought 
by the plan sponsor’s application, the period of time 
for which relief is sought, and such other relevant 
information as the Secretary may prescribe. 
‘‘(e) PARTICIPATION IN PROCEEDINGS BY RETIRED 
PLAN PARTICIPANTS.—Each retired participant entitled 
to submit a claim for the restoration of benefits within 
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I 
110TH CONGRESS 
1ST SESSION 
H. R. 121 
To improve efficiency in the Federal Government through the use of high- 
performance green buildings, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2007 
Mr. DOYLE (for himself and Mrs. BONO) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Oversight and Government Reform, Science and 
Technology, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To improve efficiency in the Federal Government through 
the use of high-performance green buildings, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘High-Performance Green Buildings Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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I 
110TH CONGRESS 
1ST SESSION H. R. 4367 
To name the Department of Veterans Affairs outpatient clinic in Aiken, 
South Carolina, as the ‘‘Matthew V. Dillon Department of Veterans 
Affairs Outpatient Clinic’’. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2007 
Mr. BARRETT of South Carolina (for himself, Mr. INGLIS of South Carolina, 
Mr. BROWN of South Carolina, Mr. WILSON of South Carolina, and Mr. 
SPRATT) introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs 
A BILL 
To name the Department of Veterans Affairs outpatient clin-
ic in Aiken, South Carolina, as the ‘‘Matthew V. Dillon 
Department of Veterans Affairs Outpatient Clinic’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS 
OUTPATIENT CLINIC, AIKEN, SOUTH CARO-
LINA. 
The Department of Veterans Affairs outpatient clinic 
in Aiken, South Carolina, shall after the date of the enact-
ment of this Act be known and designated as the ‘‘Mat-
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS 
Sec. 101. Oversight. 
Sec. 102. Office of High-Performance Green Buildings. 
Sec. 103. Green Building Advisory Committee. 
Sec. 104. Public outreach. 
Sec. 105. Research and development. 
Sec. 106. Budget and life-cycle costing and contracting. 
Sec. 107. Authorization of appropriations. 
TITLE II—STRENGTHENING FEDERAL LEADERSHIP 
Sec. 201. Incentives. 
Sec. 202. Federal procurement. 
Sec. 203.
Federal green building performance. 
TITLE III—DEMONSTRATION PROJECT 
Sec. 301. Coordination of goals. 
Sec. 302. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Green Building Advisory Committee es-
tablished under section 103(a). 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the individual appointed to the position established 
under section 101(a). 
(4) FEDERAL FACILITY.— 
(A) IN GENERAL.—The term ‘‘Federal fa-
cility’’ means any building or facility the in-
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273 
‘‘(A) serve a particular community or geo-
graphic area where there is a demonstrated 
need to address Indian youth suicide; 
‘‘(B) enter in to collaborative partnerships 
with Indian Health Service or Tribal Health 
Programs or facilities to provide services under 
this demonstration project; 
‘‘(C) serve an isolated community or geo-
graphic area which has limited or no access to 
behavioral health services; or 
‘‘(D) operate a detention facility at which 
Indian youth are detained. 
‘‘(d) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An Indian Tribe or Tribal 
Organization shall use a grant received under sub-
section (c) for the following purposes: 
‘‘(A) To provide telemental health services 
to Indian youth, including the provision of— 
‘‘(i) psychotherapy; 
‘‘(ii) psychiatric assessments and di-
agnostic interviews, therapies for mental 
health conditions predisposing to suicide, 
and treatment; and 
‘‘(iii) alcohol and substance abuse 
treatment. 
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274 
‘‘(B) To provide clinician-interactive med-
ical advice, guidance and training, assistance in 
diagnosis and interpretation, crisis counseling 
and intervention, and related assistance to 
Service, tribal, or urban clinicians and health 
services providers working with youth being 
served under this demonstration project. 
‘‘(C) To assist, educate and train commu-
nity leaders, health education professionals and 
paraprofessionals, tribal outreach workers, and 
family members who work with the youth re-
ceiving telemental health services under this 
demonstration project, including with identifica-
tion of suicidal tendencies, crisis intervention 
and suicide prevention, emergency skill develop-
ment, and building and expanding networks 
among these individuals and with State and 
local health services providers. 
‘‘(D) To develop and distribute culturally 
appropriate community educational materials 
on— 
‘‘(i) suicide prevention; 
‘‘(ii) suicide education; 
‘‘(iii) suicide screening; 
‘‘(iv) suicide intervention; and 
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‘‘(ii) Canada; 
‘‘(iii) a member country of the Euro-
pean Union, but does not include a mem-
ber country with respect to which— 
‘‘(I) the country’s Annex to the 
Treaty of Accession to the European 
Union 2003 includes a transitional 
measure for the regulation of human 
pharmaceutical products that has not 
expired; or 
‘‘(II) the Secretary determines 
that the requirements described in 
subclauses (I) and (II) of clause (vii) 
will not be met by the date on which 
such transitional measure for the reg-
ulation 
of 
human 
pharmaceutical 
products expires; 
‘‘(iv) Japan; 
‘‘(v) New Zealand; 
‘‘(vi) Switzerland; and 
‘‘(vii) a country in which the Sec-
retary determines the following require-
ments are met: 
‘‘(I) The country has statutory or 
regulatory requirements— 
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the meaning of this section shall be provided a reasonable 
opportunity to submit comments or otherwise participate 
in any proceeding established by the Secretary to deter-
mine whether to grant or deny an application for a waiver 
or variance filed by the retired participant’s plan sponsor. 
‘‘(f) EXCEPTION FOR CERTAIN APPLICATIONS.—The 
Secretary shall not be authorized to grant any application 
for a waiver or variance purporting to satisfy the require-
ments of subsection (b) if— 
‘‘(1) within the 5-year period preceding the date 
of the plan sponsor’s application the plan sponsor 
could have transferred excess pension assets to a 
health benefits account within the meaning of sec-
tion 420 of the Internal Revenue Code of 1986 (as 
in effect on the date of the enactment of the Tax 
Relief Extension Act of 1999) but failed to do so, 
and the plan sponsor is submitting an application on 
behalf of such retiree health account; or 
‘‘(2) the plan sponsor submitting the applica-
tion also maintains a fully funded pension plan with 
respect to which— 
‘‘(A) retired participants eligible to submit 
a claim for the restoration of benefits under 
section 803 are also eligible to receive ad hoc 
cost-of-living adjustment benefits; 
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107TH CONGRESS
2D SESSION
H. R. 3480
AN ACT
To promote Department of the Interior efforts to
provide a scientific basis for the management of
sediment and nutrient loss in the Upper Mis-
sissippi River Basin.
‘‘(B) the assets of the fully funded pension 
plan, over the past 5 years preceding the date 
of application for a waiver or variance, on aver-
age have exceeded 120 percent of the plan’s li-
abilities; 
‘‘(C) the plan had no minimum funding re-
quirement to satisfy within the 5 years pre-
ceding the date of application for the waiver or 
variance and the plan sponsor submitting the 
application made no minimum funding con-
tribution to the fully funded pension plan dur-
ing such 5-year period; and 
‘‘(D) the plan sponsor submitting the ap-
plication for a waiver or variance failed to pro-
vide an ad hoc cost-of-living adjustment benefit 
from the fully funded pension plan during the 
5-year period preceding the date of application 
for the waiver or variance. 
‘‘(g) RUNNING
OF
RESTORATION
PERIOD
SUS-
PENDED.—The submission of an application for a waiver 
or variance pursuant to this section shall suspend the run-
ning of any relevant restoration period as specified in sub-
section (c). Where appropriate, the Secretary shall direct 
the reopening of any relevant restoration period upon the 
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of the Director described in title I, the Director shall carry 
out— 
(1) for each of fiscal years 2009 through 2014, 
1 demonstration project in a Federal building se-
lected by the Director in accordance with relevant 
agencies and described in subsection (c)(1), that— 
(A) provides for the evaluation of the in-
formation obtained through the conduct of 
projects and activities under this Act; and 
(B) achieves a platinum rating, as defined 
by the Leadership in Energy and Environ-
mental Design Building Rating System stand-
ard established by the United States Green 
Building Council (or equivalent rating); and 
(2) no fewer than 4 demonstration projects at 
4 universities, that, as competitively selected by the 
Director in accordance with subsection (c)(2), 
have— 
(A) appropriate research resources and rel-
evant projects to meet the goals of the dem-
onstration project established by the Office; and 
(B) the ability— 
(i) to serve as a model for high-per-
formance green building initiatives, includ-
ing research and education; 
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final conclusion of proceedings to determine whether an 
application should be granted or denied. 
‘‘SEC. 805. ESTABLISHMENT OF EMERGENCY RETIREE 
HEALTH LOAN GUARANTEE PROGRAM. 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) BOARD.—The term ‘Board’ means the 
Emergency Retiree Health Loan Guarantee Board 
established under subsection (c). 
‘‘(2) PROGRAM.—The term ‘Program’ means 
the Emergency Retiree Health Loan Guarantee Pro-
gram established under subsection (b). 
‘‘(3) ELIGIBLE PLAN SPONSOR.—The term ‘eli-
gible plan sponsor’ means any plan sponsor as de-
fined in section 3(16)(B) that maintains a group 
health plan subject to the retiree health benefits res-
toration requirements of section 803. 
‘‘(b) ESTABLISHMENT
OF EMERGENCY RETIREE 
HEALTH LOAN GUARANTEE PROGRAM.—There is estab-
lished the Retiree Health Loan Guarantee Program, to be 
administered by the Board, the purpose of which is to pro-
vide loan guarantees to eligible plan sponsors in accord-
ance with this section. 
‘‘(c) RETIREE HEALTH LOAN GUARANTEE BOARD 
MEMBERSHIP.—There is established a Retiree Health 
Loan Guarantee Board, which shall be composed of— 
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‘‘(1) the Secretary of Labor, who shall serve as 
Chairman of the Board; 
‘‘(2) the Secretary of Commerce; 
‘‘(3) the Secretary of the Treasury; 
‘‘(4) the Secretary of Health and Human Serv-
ices; and 
‘‘(5) the Chairman of the Council of Economic 
Advisers. 
‘‘(d) RETIREE HEALTH LOAN GUARANTEE PRO-
GRAM.— 
‘‘(1) AUTHORITY.—The Program may guar-
antee loans provided by private banking and invest-
ment institutions to eligible plan sponsors for pur-
poses of assisting such plan sponsors to meet their 
obligations under section 803. Such loan guarantees 
shall be provided to the extent provided in advance 
in appropriation Acts pursuant to paragraph (4) and 
only in accordance with the procedures, rules, and 
regulations established by the Board. 
‘‘(2) TOTAL
GUARANTEE
LIMIT.—The aggre-
gate amount of loans guaranteed and outstanding at 
any time under this section may not exceed 
$5,000,000,000. 
‘‘(3) INDIVIDUAL GUARANTEE LIMIT.—The ag-
gregate amount of loans guaranteed under this sec-
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