I 
110TH CONGRESS 
2D SESSION 
H. R. 7195 
To entitle affected participants under a pension plan referred to in the 
USEC Privatization Act to payment for benefit increases not received. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 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 Ways and Means, 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 concerned 
A BILL 
To entitle affected participants under a pension plan referred 
to in the USEC Privatization Act to payment for benefit 
increases not received. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ENTITLEMENT AND DETERMINATION OF BENE-
FITS FOR AFFECTED PARTICIPANTS. 
(a) ENTITLEMENT OF AFFECTED PARTICIPANTS.— 
Any affected participant described in subsection (b) is en-
titled to a one-time lump sum payment to be determined 
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by the Secretary of Energy (hereinafter referred to as the 
‘‘Secretary’’) under subsection (c). 
(b) AFFECTED PARTICIPANT.—For the purposes of 
this Act, 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.—The Secretary shall pay an affected par-
ticipant, 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 $48,700,000 as the 
actuarial present value of the accrued benefits of the af-
fected participant under the pension plan from which a 
transfer of plan assets and liabilities required under sec-
tion 3110(a)(2) of the USEC Privatization Act was made 
(as of immediately before the transfer) bears to the actu-
arial present value of the accrued benefits of all affected 
participants under the pension plan from which the trans-
fer under such section was made (as of immediately before 
the transfer). 
(d) DETERMINATION OF FINDINGS OF FACT.—The 
Secretary is directed to make findings of facts and deci-
sions as to the rights of any affected participant applying 
for a payment under this Act. 
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(e) RULEMAKING.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary shall issue 
regulations to carry out this Act. 
(f) PUBLIC NOTICE.—To the extent practicable, the 
Secretary shall provide notice to individuals who may be 
eligible to receive a payment under this Act. 
(g) APPLICATION FOR PAYMENT.—To be eligible for 
a payment under this Act, an affected participant shall 
prepare and submit to the Secretary an application— 
(1) not later than 240 days after the date of 
the enactment of this Act; 
(2) in such manner; and 
(3) containing such information as the Sec-
retary requires. 
(h) 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 (g). 
(i) 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, 
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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). 
(2) 
TREATMENT
OF
CONTRIBUTIONS
TO 
IRAS.—For purposes of the Internal Revenue Code 
of 1986, if a contribution is made an individual re-
tirement 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 
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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. 
(j) ADMINISTRATIVE EXPENSES.—There is author-
ized to be appropriated to the Secretary $1,300,000 to 
carry out this Act. 
SEC. 2. HEARING AND JUDICIAL REVIEW. 
(a) HEARING.— 
(1) IN
GENERAL.—Upon request by any af-
fected participant applying for a payment under this 
Act, who makes a showing in writing that such par-
ticipant’s rights may have been prejudiced by any 
decision the Secretary has rendered, the Secretary 
shall give such participant reasonable notice and op-
portunity for a hearing with respect to such decision, 
and, if a hearing is held, shall, on the basis of evi-
dence adduced at the hearing, affirm, modify, or re-
verse the Secretary’s findings of fact and such deci-
sion. 
(2) REQUEST FOR HEARING.—Any request for 
a hearing under this subsection must be filed within 
60 days after notice of a decision by the Secretary 
is received by the affected participant making such 
a request. 
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(3) SECRETARY.—The Secretary is further au-
thorized, on the Secretary’s own motion, to hold 
such hearings and to conduct such investigations 
and other proceedings as the Secretary may deem 
necessary or proper for the administration of this 
Act. 
(b) JUDICIAL REVIEW.— 
(1) IN
GENERAL.—Any affected participant, 
after any final decision of the Secretary made after 
a hearing to which such participant was a party, ir-
respective of the amount in controversy, may obtain 
a review of such decision by a civil action com-
menced within 60 days after the mailing to such 
participant of notice of such decision or within such 
further time as the Secretary may allow. 
(2) JURISDICTION
AND
VENUE.—An action 
under this section shall be brought in the district 
court of the United States for the judicial district in 
which the affected participant plaintiff resides, or 
where such plaintiff has a principal place of busi-
ness, or, if such plaintiff does not reside or have a 
principal place of business within any such judicial 
district, in the United States District Court for the 
District of Columbia. 
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(3) JUDICIAL
DETERMINATION.—The court 
shall have power to enter, upon the pleadings and 
transcript of the record, a judgment affirming, modi-
fying, or reversing the decision of the Secretary, 
with or without remanding the cause for a rehear-
ing. 
(4) FINAL JUDGMENT.—The judgment of the 
court shall be final, except that it shall be subject 
to review in the same manner as a judgment in 
other civil actions. 
(5) CHANGE IN SECRETARY.—Any action insti-
tuted in accordance with this section shall survive 
notwithstanding any change in the person occupying 
the office of Secretary or any vacancy in such office. 
SEC. 3. CERTIFICATION FOR PAYMENT. 
(a) IN GENERAL.—Upon final decision of the Sec-
retary, or upon final judgment of any court of competent 
jurisdiction, that any affected participant is entitled to any 
payment under this Act, the Secretary shall certify to the 
Secretary of the Treasury the name and address of the 
person entitled to receive such payment, the amount of 
such payment, and the time at which such payment should 
be made, and the Secretary of the Treasury shall make 
payment in accordance with the certification of the Sec-
retary. 
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(b) PAYMENT WHILE DECISION IS UNDER RE-
VIEW.—Where a review of the Secretary’s decision is or 
may be sought under section 2, the Secretary may with-
hold certification of payment pending such review. 
Æ 
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