I 111th CONGRESS 1st Session H. R. 2471 IN THE HOUSE OF REPRESENTATIVES May 18, 2009 Mr. Whitfield introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee 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 reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund, to authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC Privatization Act for benefit increases not received, to direct the Secretary of Energy to provide a plan for the re-enrichment of certain uranium tailings, and for other purposes.

1.

Short title

This Act may be cited as the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009.

2.

Reauthorization of Uranium Enrichment Decontamination and Decommissioning Fund

(a)

Amounts in fund

Section 1802 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g–1) is amended— (1)in subsection (a)— (A)by striking $518,233,333 and inserting $790,000,000; and (B)by striking the Energy Policy Act of 1992 and inserting the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009; (2)in subsection (c), by inserting after adjusted for inflation the following: beginning 1 year after the date of enactment of the Energy Policy Act of 1992; (3)in subsection (d), by striking 15 years after the date of the enactment of this title and inserting 12 years after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009; and (4)in subsection (e)— (A)in paragraph (1), by striking 15 years after the date of the enactment of this title and inserting 12 years after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009; and (B)in paragraph (2), by striking under such subsection and inserting during the 12-year period beginning on the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009. (b)

Reports

Section 1805 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g–4) is amended— (1)in the first sentence, by striking the date of the enactment of this title and inserting the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009; and (2)in the second sentence, by striking 5th report submitted under this section and inserting third report submitted after the date of enactment of the Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009.

3.

Authorization and determination of benefits for affected participants

(a)

Authorization for payment to affected participants

To the extent provided in advance in appropriations 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 described in subsection (b) a one-time lump sum payment in an amount to be determined by the Secretary under subsection (c); and (2)may contract for the procurement of information necessary to enable the Secretary to effectively 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 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 participants under the pension plan from which the transfer under such section was made (as of immediately before the transfer). (2)

Total recoverable amount

For purposes 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 affected 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 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 (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 Privatization Act (42 U.S.C. 2297h–8(a)(2)) was made. (3)

Considerations

In determining a payment under this section, the Secretary shall consider, 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 enactment of this Act and accruable through attainment of normal retirement age, assuming continued service under the plan until attainment of such age and the same rate of basic pay subject to increases reflective 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 reference 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 assets in excess of the actuarial present value of accrued benefits under such plan upon succession. (d)

Pro rata reduction of payment

The Secretary 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 appropriation Acts for purposes of the program under subsection (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 payment 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 information 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 (3)containing such information as the Secretary 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 section 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 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 treated— (i)as a distribution described in section 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 contribution 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 included ratably over the 2-taxable-year period beginning with the first taxable year in which such contribution is made. (k)

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 participant 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 reverse 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 by the Secretary is received by the affected participant 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 investigations and other proceedings as the Secretary may deem necessary or proper for the administration of this section. (2)

Judicial Review

(A)

In general

Any affected participant, after any final decision of the Secretary made after a hearing to which such participant was a party, irrespective of the amount in controversy, 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 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 business, 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. (C)

Judicial determination

The court shall have power to enter, upon the pleadings 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 judgment in other civil actions. (E)

Change in Secretary

Any action instituted in accordance with this section shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. (l)

Secretary’s responsibility; no third party liability

(1)

Secretary’s responsibility

The Secretary shall be responsible for all payments and costs under this section, for reporting payments to affected participants and the Internal Revenue Service on Form number 1099R (or such other form as required by the Internal Revenue Service) for income tax purposes, and for answering questions relating to the implementation of this section for affected participants and applicants for payment. In no event shall the current or former employer of an affected participant or applicant be responsible for providing communication, making payments, reporting payments, answering questions, or providing calculations. (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. (m)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such amounts as necessary to carry out this section.

4.

Re-enrichment plan

(a)

Plan

Not later than 180 days after the date of enactment of this Act, the Secretary shall develop, complete, and publish in the Federal Register, a plan to re-enrich and sell certain cylinders of uranium tailings. (b)

Contents

The plan under subsection (a) shall provide for the following: (1)

Re-Enrichment Requirement

(A)

Requirement

The Secretary shall seek to enter into a contract with the operator of the Department of Energy’s uranium enrichment facility in Paducah, Kentucky, for the re-enrichment of cylinders of uranium tailings, with an assay of such value as the Secretary finds economically suitable, located at Government-owned uranium enrichment sites in Paducah, Kentucky, and Portsmouth, Ohio. (B)

Amount

A contract under subparagraph (A) shall provide for re-enrichment at the Paducah facility of 50 percent of the materials in the cylinders described in subparagraph (A). (C)

Schedule

A contract under subparagraph (A) shall provide for re-enrichment to begin not later than 90 days after the date of the publication in the Federal Register of the plan under this section, subject to plant capacity and availability. (D)

Suspension or cancellation

The Secretary may suspend or cancel a contract under subparagraph (A) for re-enrichment, in accordance with the Federal Acquisition Regulation, if the Secretary determines— (i)the operator of the Paducah facility has not fulfilled obligations regarding such re-enrichment under the contract; or (ii)economic considerations are not conducive to carry out the contract at that time. (2)

Sale of Product of Re-enrichment

The Secretary shall sell or contract for the sale of the product of re-enrichment carried out pursuant to paragraph (1). (3)

Sale of remaining uranium tailings

(A)

In general

The Secretary shall sell 50 percent of the materials in the cylinders described in subparagraph (A) of paragraph (1) to qualified buyers. (B)

Qualified buyer

For purposes of this paragraph, the term qualified buyer means any entity licensed, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), to possess materials in the cylinders described in subparagraph (A) of paragraph (1). (C)

Preference

In selling the materials in the cylinders described in subparagraph (A) of paragraph (1), the Secretary shall give preference to qualified buyers committed (as determined by the Secretary) to re-enrichment of such materials in the United States. (D)

Additional contract for material not sold

The Secretary shall seek to enter into a contract with the operator of the Department of Energy’s uranium enrichment facility in Paducah, Kentucky, for the re-enrichment of any materials in the cylinders described in subparagraph (A) of paragraph (1) not sold pursuant to subparagraph (A) of this paragraph. (4)

Unable to contract

If the Secretary does not enter into a contract under subparagraph (A) of paragraph (1) within 270 days after the date of enactment of this Act, the Secretary may do either or both of the following: (A)Defer negotiation of such a contract until not later than the last day of calendar year 2014. (B)Sell the amount of the materials in the cylinders described in subparagraph (B) of paragraph (1) under terms consistent with the plan under this section.