[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6623 Introduced in House (IH)]
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.
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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 Committee on the Judiciary, 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
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A BILL
To waive sovereign immunity and extend the otherwise applicable statute
of limitations for certain actions under the USEC Privatization Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER OF SOVEREIGN IMMUNITY AND EXTENSION 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 immediately
before any transfer of plan assets and liabilities as
required by paragraph (2) to a pension 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 contractor 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
parties, without regard to the amount in controversy or
the citizenship of the parties, against the Department
of Energy for relief described in clause (ii) from any
grievance in connection with such a transfer.
``(ii) For purposes of clause (i), relief is a one-
time lump sum payment, payable to such individual from
the appropriation made by section 1304 of title 31,
United States Code (popularly known as the Judgment
Fund), in an amount equal to not more than the amount
which bears the same ratio to the total recoverable
amount described in clause (iii) as the actuarial
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
individuals described in this clause under the pension
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 connection with the
transferred liabilities, under such plan
equivalent to benefit increases 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 transfer was
made.
``(iv) For purposes of clause (iii), in an action
authorized by this subparagraph, the court shall
consider, with respect to the pension plan from which
the transfer was made and the pension 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 determined as of
any time shall take into account reasonably anticipated
subsequent adjustments to such benefits under plan
provisions (as in effect at such time) providing for
cost-of-living-adjustments.
``(vi) For purposes of clauses (iii) and (iv), any
reference to the pension plan from which the transfer
was made shall include a reference to any successor to
such plan (other than the pension plan to which the
transfer required under paragraph (2) was made) if such
successor plan received assets in excess of the
actuarial present value of accrued benefits under such
plan upon succession.
``(vii) Notwithstanding section 1658 of title 28,
United States Code, an action authorized by this
subparagraph may be brought on or before June 30, 2011.
``(viii) Notwithstanding section 3109(a)(4), the
United States consents to any action commenced under
this subparagraph.
``(ix) Nothing in this subparagraph shall authorize
an action against the Corporation or against any person
or entity other than the Department of Energy.''.
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