(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 
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.— 
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(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 
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. 
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(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. 
(l) 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, for reporting payments to 
affected participants and the Internal Revenue Serv-
ice 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 pay-
ments, answering questions, or providing calcula-
tions. 
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(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. 
SEC. 4. RE-ENRICHMENT PLAN. 
(a) PLAN.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall develop, com-
plete, 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 enrich-
ment 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 Govern-
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ment-owned uranium enrichment sites in Padu-
cah, Kentucky, and Portsmouth, Ohio. 
(B) AMOUNT.—A contract under subpara-
graph (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 sub-
paragraph (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 capac-
ity 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 Regu-
lation, if the Secretary determines— 
(i) the operator of the Paducah facil-
ity 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 
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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 de-
scribed 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 mate-
rials in the cylinders described in subparagraph 
(A) of paragraph (1), the Secretary shall give 
preference to qualified buyers committed (as de-
termined by the Secretary) to re-enrichment of 
such materials in the United States. 
(D) ADDITIONAL
CONTRACT
FOR
MATE-
RIAL 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-enrich-
ment of any materials in the cylinders described 
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in subparagraph (A) of paragraph (1) not sold 
pursuant to subparagraph (A) of this para-
graph. 
(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 ei-
ther 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. 
Æ 
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