I 
110TH CONGRESS 
2D SESSION 
H. R. 6623 
To waive sovereign immunity and extend the otherwise applicable statute 
of limitations for certain actions under the USEC Privatization Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2008 
Mr. WHITFIELD of Kentucky introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To waive sovereign immunity and extend the otherwise appli-
cable statute of limitations for certain actions under the 
USEC Privatization Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
00:34 Jul 26, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6623.IH
H6623
jbell on PROD1PC69 with BILLS
SECTION 1. WAIVER OF SOVEREIGN IMMUNITY AND EXTEN-
SION OF OTHERWISE APPLICABLE STATUTE 
OF 
LIMITATIONS 
FOR 
CERTAIN 
ACTIONS 
UNDER THE USEC PRIVATIZATION ACT. 
Section 3110(a)(7) of the USEC Privatization Act 
(42 U.S.C. 2297h–8(a)(7)) is amended by adding at the 
end the following new subparagraph: 
‘‘(D)(i) Any individual who, as of imme-
diately before any transfer of plan assets and li-
abilities as required by paragraph (2) to a pen-
sion plan sponsored by the private corporation 
referred to in paragraph (2) which occurred on 
or before December 31, 2000, was an active or 
retired participant (or a beneficiary) under a 
pension plan maintained by an operating con-
tractor of a gaseous diffusion plant referred to 
in paragraph (1) and who is an active or retired 
participant (or a beneficiary) under the pension 
plan to which such transfer was made may 
bring an action in any district court of the 
United States having jurisdiction over the par-
ties, without regard to the amount in con-
troversy or the citizenship of the parties, 
against the Department of Energy for relief de-
scribed in clause (ii) from any grievance in con-
nection with such a transfer. 
VerDate Aug 31 2005 
00:34 Jul 26, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6623.IH
H6623
jbell on PROD1PC69 with BILLS
‘‘(ii) For purposes of clause (i), relief is a 
one-time lump sum payment, payable to such 
individual from the appropriation made by sec-
tion 1304 of title 31, United States Code (pop-
ularly known as the Judgment Fund), in an 
amount equal to not more than the amount 
which bears the same ratio to the total recover-
able amount described in clause (iii) as the ac-
tuarial present value of the accrued benefits of 
the individual under the pension plan from 
which the transfer was made (as of immediately 
before the transfer) bears to the actuarial 
present value of the accrued benefits of all indi-
viduals described in this clause under the pen-
sion plan from which the transfer was made (as 
of immediately before the transfer). 
‘‘(iii) For purposes of clause (ii), the total 
recoverable amount is an amount equal to the 
excess of— 
‘‘(I) the actuarial present value of 
benefits that would have been accrued by 
all individuals described in clause (i) under 
the pension plan from which the transfer 
was made if the transfer had not occurred 
and if benefit increases had occurred, in 
VerDate Aug 31 2005 
00:34 Jul 26, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6623.IH
H6623
jbell on PROD1PC69 with BILLS
connection with the transferred liabilities, 
under such plan equivalent to benefit in-
creases that have occurred under such plan 
in connection with the other liabilities 
under such plan, over 
‘‘(II) the actuarial present value of 
benefits accrued by all such individuals 
under the pension plan to which the trans-
fer was made. 
‘‘(iv) For purposes of clause (iii), in an ac-
tion authorized by this subparagraph, the court 
shall consider, with respect to the pension plan 
from which the transfer was made and the pen-
sion plan to which the transfer was made, only 
benefits which have been accrued (or would 
have been accrued) as of the date of enactment 
of this subparagraph. 
‘‘(v) For purposes of this subparagraph, 
any actuarial present value of benefits deter-
mined as of any time shall take into account 
reasonably anticipated subsequent adjustments 
to such benefits under plan provisions (as in ef-
fect at such time) providing for cost-of-living- 
adjustments. 
VerDate Aug 31 2005 
00:34 Jul 26, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6623.IH
H6623
jbell on PROD1PC69 with BILLS