SEC. 3. AUTHORIZATION AND DETERMINATION OF BENE-
FITS FOR AFFECTED PARTICIPANTS. 
(a) AUTHORIZATION FOR PAYMENT TO AFFECTED 
PARTICIPANTS.—To the extent provided in advance in ap-
propriations Acts, the Secretary of Energy (referred to in 
this Act as the ‘‘Secretary’’)— 
(1) shall establish a program under which the 
Secretary shall pay any affected participant de-
scribed in subsection (b) a one-time lump sum pay-
ment in an amount to be determined by the Sec-
retary under subsection (c); and 
(2) may contract for the procurement of infor-
mation necessary to enable the Secretary to effec-
tively carry out the provisions of this section. 
(b) AFFECTED PARTICIPANT.—For the purposes of 
this section, an affected participant is a person described 
under section 3110(a)(6)(B) of the USEC Privatization 
Act (42 U.S.C. 2297h–8(a)(6)(B)). 
(c) DETERMINATION OF PAYMENT FOR AFFECTED 
PARTICIPANTS.— 
(1) IN GENERAL.—The Secretary shall pay an 
affected participant, pursuant to an application 
timely filed by such participant, a one-time lump 
sum payment equal to an amount which bears the 
same ratio to the total recoverable amount described 
in paragraph (2) as the actuarial present value of 
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the accrued benefits of the affected participant 
under the pension plan from which a transfer of 
plan assets and liabilities required under section 
3110(a)(2) of the USEC Privatization Act (42 
U.S.C. 2297h–8(a)(2)) was made (as of immediately 
before the transfer) bears to the actuarial present 
value of the accrued benefits of all affected partici-
pants under the pension plan from which the trans-
fer under such section was made (as of immediately 
before the transfer). 
(2) TOTAL RECOVERABLE AMOUNT.—For pur-
poses of this subsection, the total recoverable 
amount is an amount equal to the excess of— 
(A) the present value of benefits that 
would have been accrued or accruable by all af-
fected participants under the pension plan from 
which the transfer under section 3110(a)(2) of 
the USEC Privatization Act was made if such 
transfer had not occurred and if benefit in-
creases had occurred, in connection with the 
transferred liabilities, under such plan equiva-
lent to benefit increases that have occurred 
under such plan in connection with the other li-
abilities under such plan, over 
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(B) the present value of benefits accrued 
or accruable by all such affected participants 
under the pension plan to which the transfer 
under section 3110(a)(2) of the USEC Privat-
ization Act (42 U.S.C. 2297h–8(a)(2)) was 
made. 
(3) CONSIDERATIONS.—In determining a pay-
ment under this section, the Secretary shall con-
sider, with respect to the pension plan from which 
the transfer under section 3110(a)(2) of the USEC 
Privatization Act (42 U.S.C. 2297h–8(a)(2)) was 
made and the pension plan to which such transfer 
was made, benefits accrued as of the date of enact-
ment of this Act and accruable through attainment 
of normal retirement age, assuming continued serv-
ice under the plan until attainment of such age and 
the same rate of basic pay subject to increases re-
flective of reasonably anticipated increases in the 
cost of living. 
(4) SUCCESSOR PLANS.—For the purposes of 
paragraphs (2) and (3), any reference to the pension 
plan from which the transfer under section 
3110(a)(2) of the USEC Privatization Act (42 
U.S.C. 2297h–8(a)(2)) was made shall include a ref-
erence to any successor to such plan (other than the 
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pension plan to which the transfer required by such 
section was made) if such successor plan received as-
sets in excess of the actuarial present value of ac-
crued benefits under such plan upon succession. 
(d) PRO RATA REDUCTION OF PAYMENT.—The Sec-
retary shall provide for pro rata reductions in payment 
amounts determined by the Secretary under subsection (c) 
to affected participants described in subsection (b) to the 
extent necessary to adjust for amounts provided in appro-
priation Acts for purposes of the program under sub-
section (a). 
(e) DETERMINATION OF FINDINGS OF FACT.—The 
Secretary may make findings of facts and decisions as to 
the rights of any affected participant applying for a pay-
ment under this section. 
(f) RULEMAKING.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall issue 
regulations to carry out this section. Such regulations 
shall provide a requirement for applicants for payments 
under this section to consent to the release of any informa-
tion requested by the Secretary. 
(g) PUBLIC NOTICE.—To the extent practicable, the 
Secretary shall provide notice to individuals who may be 
eligible to receive a payment under this section. 
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(h) APPLICATION FOR PAYMENT.—To be eligible for 
a payment under this section, an affected participant shall 
prepare and submit to the Secretary an application— 
(1) not later than 240 days after the date of 
enactment of this Act; 
(2) in such manner; and 
(3) containing such information as the Sec-
retary requires. 
(i) TIMELY PAYMENTS.—To the extent practicable, 
the Secretary shall determine and make a payment to an 
affected participant not later than 180 days after such 
participant’s submission of an application for payment 
under subsection (h). 
(j) ELECTION TO TREAT PAYMENT AS ROLLOVER 
CONTRIBUTION TO IRA.— 
(1) IN GENERAL.—Any affected participant who 
receives a payment under this section may, at any 
time during the 1-year period beginning on the day 
after the date on which such payment was received, 
make one or more contributions in an aggregate 
amount not to exceed the amount of such payment 
to an individual retirement plan (as defined by sec-
tion 7701(a)(37) of the Internal Revenue Code of 
1986). 
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(2) 
TREATMENT
OF
CONTRIBUTIONS
TO 
IRAS.—For purposes of the Internal Revenue Code 
of 1986, if a contribution is made to an individual 
retirement plan pursuant to paragraph (1), then— 
(A) except as provided in paragraph (3), 
such contribution shall not be included in gross 
income, and 
(B) to the extent of the amount of such 
contribution, such contribution shall be treat-
ed— 
(i) as a distribution described in sec-
tion 408(d)(3) of such Code, and 
(ii) as having been transferred to the 
individual retirement account in a direct 
trustee to trustee transfer within 60 days 
of the distribution. 
(3) SPECIAL RULE FOR ROTH IRAS.—If a con-
tribution is made under paragraph (1) to a Roth 
IRA, such contribution shall be includible in gross 
income and, unless the taxpayer elects not to have 
this clause apply, such contribution shall be so in-
cluded ratably over the 2-taxable-year period begin-
ning with the first taxable year in which such con-
tribution is made. 
(k) HEARING AND JUDICIAL REVIEW.— 
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