cipal balance of the guaranteed loan to the Depart-
ment of the Treasury. 
‘‘(g) REPORTS
TO CONGRESS.—The Secretary of 
Labor shall submit annually to each House of the Con-
gress a full report of the activities of the Board under 
this section during 2010 and 2011, and annually there-
after during such period as any loan guaranteed under 
this section is outstanding. Such report shall be submitted 
not later than January 31 of each year (beginning in 
2010). 
‘‘(h) SALARIES AND ADMINISTRATIVE EXPENSES.— 
For necessary expenses to administer the Program, there 
is authorized to be appropriated to the Department of 
Labor (and to be transferred to the Office of the Assistant 
Secretary for Pension and Welfare Benefits Administra-
tion) $10,000,000, to remain available until expended. 
‘‘(i) TERMINATION OF GUARANTEE AUTHORITY.— 
The authority of the Board to make commitments to guar-
antee any loan under this section shall terminate on De-
cember 31, 2015. 
‘‘(j) REGULATORY ACTION.—The Board shall issue 
such final procedures, rules, and regulations as may be 
necessary to carry out this section not later than 90 days 
after the date of enactment of the Emergency Retiree 
Health Benefits Protection Act of 2009. In no event shall 
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the Board issue a procedure, rule, or regulation which au-
thorizes it to approve or deny any application for a loan 
guarantee in more than 270 days after receipt of such ap-
plication. 
‘‘SEC. 806. EFFECT ON OTHER CLAIMS. 
‘‘(a) OTHER CLAIMS UNAFFECTED.—Nothing con-
tained in this part shall be construed to alter, impair, or 
eliminate any claim for retiree health benefits based on 
conduct alleged to violate the terms of a group health plan, 
any provision of this Act (other than this part), or both, 
regardless of whether such conduct occurred prior to, on, 
or after, the effective date of this part. 
‘‘(b) OTHER CAUSES
OF ACTION NOT AUTHOR-
IZED.—Unless the conduct giving rise to a claim for re-
tiree health benefits is alleged to violate the provisions of 
this part, nothing contained in this part shall be construed 
to authorize any other cause of action for the recovery of 
retiree health benefits. 
‘‘SEC. 807. REGULATIONS. 
‘‘The Secretary may promulgate such regulations as 
may be necessary to carry out the provisions of this part. 
The Secretary may promulgate any interim final rules as 
the Secretary deems are appropriate to carry out this part. 
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‘‘SEC. 808. ENFORCEMENT. 
‘‘The enforcement provisions of sections 501 and 502 
shall be applicable to this part.’’. 
(b) CIVIL PENALTY SECTION.—Section 502(c) of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1132(e)) is amended— 
(1) by redesignating the second paragraph (10) 
as paragraph (12); and 
(2) by inserting after the first paragraph (10) 
(relating to Secretarial enforcement authority relat-
ing to use of genetic information) the following new 
paragraph: 
‘‘(11) ENFORCEMENT
OF
RETIREE
HEALTH 
BENEFIT PROTECTIONS.—The Secretary may assess 
a civil penalty of not more than $1,000 for each sep-
arate violation of section 801, 802, or 803 by any 
person individually with respect to each participant 
or beneficiary aggrieved by such violation.’’. 
(c) CONFORMING AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by inserting 
after the item relating to section 734 the following new 
items: 
‘‘PART 8—EMERGENCY RETIREE HEALTH BENEFIT PROTECTIONS 
‘‘Sec. 801. Prohibition against post-retirement reductions of retiree health ben-
efits by group health plans. 
‘‘Sec. 802. Adoption by group health plans of provision barring post-retirement 
reductions in retiree health benefits. 
‘‘Sec. 803. Restoration by group health plans of benefits reduced after retire-
ment. 
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‘‘Sec. 804. Exemption from restoration of benefits requirements. 
‘‘Sec. 805. Establishment of Emergency Retiree Health Loan Guarantee Pro-
gram. 
‘‘Sec. 806. Effect on other claims. 
‘‘Sec. 807. Regulations. 
‘‘Sec. 808. Enforcement.’’. 
SEC. 4. SEPARABILITY OF PROVISIONS. 
The provisions of section 509 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1139) shall 
be applicable to this Act and the amendments made there-
by. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date of the enactment of this Act. 
Æ 
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