634 
(B) in paragraph (2), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’. 
SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MOD-
ERNIZATION AND REFURBISHMENT OF THE 
NUCLEAR SECURITY COMPLEX. 
(a) POLICY.—It is the policy of the United States that 
sustainment, modernization, and refurbishment of the nu-
clear security complex is mandatory for maintaining the 
future viability of the United States nuclear deterrent and 
a prerequisite for any reductions to the nuclear weapons 
stockpile of the United States. 
(b) GENERAL REQUIREMENT.—Subtitle D of the Na-
tional Nuclear Security Administration Act (50 U.S.C. 
2451 et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 3255. BUDGETING FOR MODERNIZATION AND REFUR-
BISHMENT OF THE NUCLEAR SECURITY COM-
PLEX: ANNUAL PLAN AND CERTIFICATION. 
‘‘(a) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN AND CERTIFI-
CATION.—The Administrator for Nuclear Security shall in-
clude with the nuclear security budget materials for each 
fiscal year— 
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‘‘(1) a plan for the modernization and refurbish-
ment of the nuclear security complex developed in ac-
cordance with this section; and 
‘‘(2) a certification by the Administrator that 
both the budget for that fiscal year and the future- 
years nuclear security program submitted to Congress 
in relation to such budget under section 3253 provide 
for funding of the nuclear security complex at a level 
that is sufficient for the modernization and refurbish-
ment of the nuclear security complex provided for in 
the plan under paragraph (1) on the schedule pro-
vided in the plan. 
‘‘(b) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN.—(1) The annual 
nuclear security complex modernization and refurbishment 
plan developed for a fiscal year for purposes of subsection 
(a)(1) should be designed so that the nuclear security com-
plex provided for under that plan is capable of sup-
porting— 
‘‘(A) the National Security Strategy of the 
United States as set forth in the most recent na-
tional security strategy report of the President 
under section 108 of the National Security Act 
of 1947 (50 U.S.C. 404a), except that, if at the 
time such plan is submitted with the nuclear se-
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curity budget materials for that fiscal year, a 
national security strategy report required under 
such section 108 has not been submitted to Con-
gress as required by paragraph (2) or paragraph 
(3), if applicable, of subsection (a) of such sec-
tion, then such annual plan should be designed 
so that the nuclear security complex moderniza-
tion and refurbishment provided for under that 
plan is capable of supporting the nuclear secu-
rity complex recommended in the report of the 
most recent Quadrennial Defense Review; and 
‘‘(B) the nuclear posture of the United 
States as set forth in the most recent Nuclear 
Posture Review. 
‘‘(2) Each such nuclear security complex mod-
ernization and refurbishment plan shall include the 
following: 
‘‘(A) A detailed program with schedule and 
associated funding for the modernization and re-
furbishment of the nuclear security complex for 
the National Nuclear Security Administration 
over the next 30 fiscal years. 
‘‘(B) A description of the necessary mod-
ernization and refurbishment measures to meet 
the requirements of the national security strategy 
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of the United States or the most recent Quadren-
nial Defense Review, whichever is applicable 
under paragraph (1), and the Nuclear Posture 
Review. 
‘‘(C) The estimated levels of annual funding 
necessary to carry out the program, together with 
a discussion of the implementation strategies on 
which such estimated levels of annual funding 
are based. 
‘‘(c) ASSESSMENT WHEN NUCLEAR SECURITY COM-
PLEX MODERNIZATION AND REFURBISHMENT BUDGET IS 
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If 
the budget for a fiscal year provides for funding of the mod-
ernization and refurbishment of the nuclear security com-
plex at a level that is not sufficient to sustain the require-
ments specified in the plan for that fiscal year under sub-
section (a), the Administrator shall include with the nuclear 
security budget materials for that fiscal year an assessment 
that describes and discusses the risks and implications asso-
ciated with the ability of the nuclear security complex to 
support the annual certification of the nuclear stockpile of 
the United States and maintain its long-term safety, secu-
rity, and reliability. Such assessment shall be coordinated 
in advance with the Secretary of Defense and the Com-
mander of the United States Strategic Command. 
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638 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nuclear security complex’ means 
the physical facilities, technology, and human capital 
of— 
‘‘(A) the national security laboratories; 
‘‘(B) the Pantex Plant; 
‘‘(C) the Y–12 National Security Complex; 
‘‘(D) the Kansas City Plant; 
‘‘(E) the Savannah River Site; and 
‘‘(F) the Nevada test site. 
‘‘(2) The term ‘budget’ with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under section 
1105(a) of title 31. 
‘‘(3) The term ‘nuclear security budget mate-
rials’, with respect to a fiscal year, means the mate-
rials submitted to Congress by the Administrator for 
Nuclear Security in support of the budget for that fis-
cal year. 
‘‘(4) The term ‘Quadrennial Defense Review’ 
means the review of the defense programs and policies 
of the United States that is carried out every four 
years under section 118 of title 10, United States 
Code.’’. 
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(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of the National Nuclear Security Administra-
tion Act is amended by inserting after the item relating 
to section 3254 the following new item: 
‘‘3255. Budgeting for modernization and refurbishment of the nuclear security 
complex: annual plan and certification.’’. 
Subtitle C—Reports 
SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGE-
MENT AND OPERATIONS CONTRACT COSTS 
FOR NATIONAL SECURITY LABORATORIES. 
(a) REVIEW REQUIRED.—The Comptroller General 
shall review the effects of the contracts entered into by the 
Department of Energy in 2006 and 2007 that provide for 
the management and operations of the covered national lab-
oratories. The review shall include the following: 
(1) A detailed description of the costs related to 
the transition from the period when the management 
and operations of the covered national laboratories 
were performed by the University of California to the 
period when such management and operations were 
performed by a covered contractor, including— 
(A) a description of any continuing dif-
ferences in the cost structure of the management 
and operations when performed by the Univer-
sity of California and the cost structure of the 
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management and operations when performed by 
a covered contractor; and 
(B) an assessment of the effect of such cost 
differences on the resources available to support 
scientific and technical programs at the covered 
national laboratories. 
(2) A quantitative assessment of the ability of 
the covered national laboratories to perform other im-
portant laboratory functions, including safety, secu-
rity, and environmental management. 
(b) REPORT.—Not later than March 1, 2010, the 
Comptroller General shall submit to the congressional de-
fense committees a report on the results of the review. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contractor’’ means— 
(A) with respect to Los Alamos National 
Laboratory, Los Alamos National Security, LLC; 
and 
(B) with respect to Lawrence Livermore Na-
tional Laboratory, Lawrence Livermore National 
Security, LLC. 
(2) The term ‘‘covered national laboratories’’ 
means— 
(A) the Los Alamos National Laboratory; 
and 
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641 
(B) the Lawrence Livermore National Lab-
oratory. 
SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, 
ANALYZE, AND EVALUATE FOREIGN NUCLEAR 
WEAPONS ACTIVITIES. 
(a) PLAN.—The Secretary of Energy, in consultation 
with the Director of National Intelligence and the Secretary 
of Defense, shall prepare a plan to ensure that the national 
laboratories overseen by the Department of Energy main-
tain a robust technical capability to monitor, analyze, and 
evaluate foreign nuclear weapons activities. 
(b) REPORT.—Not later than February 28, 2010, the 
Secretary of Energy shall submit a report to the appro-
priate committees of Congress describing the plan required 
under subsection (a) and the resources necessary to imple-
ment the plan. The report shall be in unclassified form, but 
may include a classified annex. 
(c) APPROPRIATE COMMITTEES.—For purposes of this 
section, the appropriate committees of Congress are the fol-
lowing: 
(1) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Permanent Select 
Committee on Intelligence of the House of Representa-
tives; and 
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642 
(2) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Select Committee 
on Intelligence of the Senate. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 
2010, $26,086,000 for the operation of the Defense Nuclear 
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $23,627,000 for fiscal 
year 2010 for the purpose of carrying out activities under 
chapter 641 of title 10, United States Code, relating to the 
naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
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643 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2010. 
Sec. 3502. Liquidation of unused leave balance at the United States Merchant 
Marine Academy. 
Sec. 3503. Adjunct professors. 
Sec. 3504. Maritime loan guarantee program. 
Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 
Fleet vessels. 
Sec. 3506. Technical corrections to State maritime academies student incentive 
program. 
Sec. 3507. Limitation on disposal of interest in certain vessels. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2010. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010, to be available without fiscal year limitation 
if so provided in appropriations Acts, for the use of the De-
partment of Transportation for the Maritime Administra-
tion as follows: 
(1) For expenses necessary for operations and 
training activities, $152,900,000, of which— 
(A) $15,391,000 shall remain available 
until expended for capital improvements at the 
United States Merchant Marine Academy; 
(B) $11,240,000 shall remain available 
until expended for maintenance and repair of 
training ships of the State Maritime Academies; 
and 
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(C) $53,208,000 shall be available for oper-
ations at the United States Merchant Marine 
Academy. 
(2) For expenses to maintain a preserve a 
United States-flag merchant fleet to serve the national 
security needs of the United States under chapter 531 
of title 46, United States Code, $174,000,000. 
(3) For expenses to dispose of obsolete vessels in 
the National Defense Reserve Fleet, $15,000,000. 
(4) For the cost (as defined in section 502(5) of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5)) of loan guarantees under the program au-
thorized by chapter 537 of title 46, United States 
Code, $60,000,000. 
SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT 
THE UNITED STATES MERCHANT MARINE 
ACADEMY. 
The Maritime Administrator may, subject to the avail-
ability of appropriations, make a lump-sum payment for 
the accumulated balance of unused leave to any former em-
ployee of a United States Merchant Marine Academy non-
appropriated fund instrumentality who was terminated 
from such employment in 2009 or whose position as such 
an employee was converted to the Civil Service in 2009 
under authority granted by section 3506 of the Duncan 
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