(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 
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 
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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. 
(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 
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(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) HEARING AND JUDICIAL REVIEW.— 
(1) HEARING.— 
(A) IN GENERAL.—Upon request by any 
affected participant applying for a payment 
under this section, who makes a showing in 
writing that such participant’s rights may have 
been prejudiced by any decision the Secretary 
has rendered, the Secretary shall give such par-
ticipant reasonable notice and opportunity for a 
hearing with respect to such decision, and, if a 
hearing is held, shall, on the basis of evidence 
adduced at the hearing, affirm, modify, or re-
verse the Secretary’s findings of fact and such 
decision. 
(B) REQUEST FOR HEARING.—Any request 
for a hearing under this subsection must be 
filed within 60 days after notice of a decision 
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by the Secretary is received by the affected par-
ticipant making such a request. 
(C) SECRETARY.—The Secretary is further 
authorized, on the Secretary’s own motion, to 
hold such hearings and to conduct such inves-
tigations and other proceedings as the Sec-
retary may deem necessary or proper for the 
administration of this section. 
(2) JUDICIAL REVIEW.— 
(A) IN
GENERAL.—Any affected partici-
pant, after any final decision of the Secretary 
made after a hearing to which such participant 
was a party, irrespective of the amount in con-
troversy, may obtain a review of such decision 
by a civil action commenced within 60 days 
after the mailing to such participant of notice 
of such decision or within such further time as 
the Secretary may allow. 
(B) JURISDICTION
AND
VENUE.—An ac-
tion under this section shall be brought in the 
district court of the United States for the judi-
cial district in which the affected participant 
plaintiff resides, or where such plaintiff has a 
principal place of business, or, if such plaintiff 
does not reside or have a principal place of 
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business within any such judicial district, in the 
United States District Court for the District of 
Columbia. 
(C) 
JUDICIAL
DETERMINATION.—The 
court shall have power to enter, upon the plead-
ings and transcript of the record, a judgment 
affirming, modifying, or reversing the decision 
of the Secretary, with or without remanding the 
cause for a rehearing. 
(D) FINAL JUDGMENT.—The judgment of 
the court shall be final, except that it shall be 
subject to review in the same manner as a judg-
ment in other civil actions. 
(E) CHANGE IN SECRETARY.—Any action 
instituted in accordance with this section shall 
survive notwithstanding any change in the per-
son occupying the office of Secretary or any va-
cancy in such office. 
(k) SECRETARY’S
RESPONSIBILITY; NO
THIRD 
PARTY LIABILITY.— 
(1) SECRETARY’S RESPONSIBILITY.—The Sec-
retary shall be responsible for all payments and 
costs under this section and for answering questions 
relating to the implementation of this section for af-
fected participants and applicants for payment. In 
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no event shall the current or former employer of an 
affected participant or applicant be responsible for 
providing communication, making payments, report-
ing payments, answering questions, or providing cal-
culations. 
(2) NO THIRD PARTY LIABILITY.—Nothing in 
this section shall be deemed to impose any liability 
or cost, or authorize any claim against the operator 
of the Department of Energy’s uranium enrichment 
facility in Paducah, Kentucky, or against any person 
or entity other than the Secretary. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
amounts as necessary to carry out this section. 
Æ 
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