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 123STA T . 2 70 1 PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.31 3 2 . Planto en sur eca p a bi lit y to m onitor , analy z e, an d e v aluate f orei g nnu - clear w eapons activities. Sec. 3133. C omptroller G eneral study of stoc k pile stewards h ip program. Sec. 313 4 . Comptroller General of the U nited States review of pro j ects carried out by the O ffice of E nvironmental M anagement of the D epartment of En- ergy pursuant to the A merican R ecovery and Reinvestment Act of 2 0 0 9 . Subtitle D — Other Matters Sec. 3141. T en-year plan for use and funding of certain Department of Energy fa- cilities. Sec. 3142. E x pansion of authority of Ombudsman of Energy Employees Occupa- tional I llness Compensation Program. Sec. 3143. Identification in budget materials of amounts for certain Department of Energy pension obligations. Sec. 3144. Sense of Congress on production of molybdenum – 99. Subti t leA—Na ti on al Se c u r it yP ro g ra ms Aut h ori z ations SEC.310 1. NATIO NA L N U CLEA R SECURIT Y A DM INISTRATION. (a)AUTHORIZA TIO N O F A P PROPRIATION S.—Funds a reh ere by au t h o r iz edtobea p propriated to the D epart m ent o fE ner g y for fis c a l year 201 0 for the acti v ities of the N ational Nuclear S ecurity Administration in carrying out programs necessary for national security in the amount of $ 10, 0 3 3, 47 7,000, to be allocated as follo w s (1) For weapons activities, $ 6 ,433,131,000. (2) For defense nuclear nonproliferation activities, $2,176,4 59 ,000. (3) For naval reactors, $1,003,133,000. (4) For the O ffice of the Administrator for Nuclear Security, $420,754,000. (b) AUTHORIZATION OF N EWPL ANT PRO J E C TS.—From funds referred to in subsection (a) that are available for carrying out plant pro j ects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: (1) For readiness in technical base and facilities, the fol - lowing new plant project: Project 10 – D–501, nuclear facilities ris k reduction, Y – 12 National Security C omple x , Oak R idge, T ennessee, $12,500,000. (2) For safeguards and security, the following new plant project: Project 10–D–701, security improvement project, Y– 12 National Security Complex, Oak Ridge, Tennessee, $49,000,000. (3) For naval reactors, the following new plant projects: Project 10–D–903, K AP L security upgrades, Schenec- tady, New York, $1,500,000. Project 10–D–904, Naval Reactors Facility infrastruc- ture upgrades, Naval Reactors Facility, I daho, $700,000. SEC. 310 2 .DE F ENSE EN V IRONMENTAL CLEANU P . Funds are hereby authorized to be appropriated to the Depart- ment of Energy for fiscal year 2010 for defense environmental cleanup activities in carrying out programs necessary for national security in the amount of $5,495, 8 31,000.


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 123STA T . 2 70 2 PUBLIC LA W 111 –84—O CT. 28 , 200 9SEC.310 3. OTH E RD E F E N SE A CT IV ITIES. Fundsareh ere by au t h o r iz edtobea p propriated to the D epart -m ent o fE ner g y for fis c a l year 201 0 for other defense acti v ities in carrying out programs necessary for national security in the amount of $85 2 ,46 8,000 . SEC. 310 4 . DEFENSE N U C L EAR W ASTE DIS P OSAL. Funds are hereby authorized to be appropriated to the Depart- ment of Energy for fiscal year 2010 for defense nuclear w aste disposal for payment to the N uclear W aste Fund established in section 3 02 ( c ) of the Nuclear Waste P olicy A ctof1 9 82 (42 U . S . C . 10222(c)) in the amount of $98,400,000. SEC. 310 5 . ENER GY SECURITY AND ASSURANCE. Funds are hereby authorized to be appropriated to the Depart- ment of Energy for fiscal year 2010 for energy security and assur- ance programs necessary for national security in the amount of $6,188,000. SEC. 310 6 . RELATION TO FUNDING TA B LES. T he amounts authorized to be appropriated by sections 3101, 3102, 3103, 3104, and 3105 shall be available, in accordance with the re q uirements of section 4001, for pro j ects, programs, and activi- ties, and in the amounts, specified in the funding table in section 4601. Subti t leB—Prog r amA ut h ori z atio ns,R estri c tions, an dL imitations SEC. 3111. STOC K PILE STEWARDSHIP PROGRA M . (a) INGE NE RAL . — Subsection (a) of section 4201 of the Atomic Energy Defense Act (division D of Public L aw 10 7– 314 50 U.S.C. 2521) is amended to read as follows

‘(a) E ST A B L I S HM ENT.—The Secretary of Energy, acting through the Administrator for Nuclear Security, shall establish a steward- ship program to ensure— ‘‘(1) the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and ‘‘(2) that the nuclear weapons stoc k pile is safe, secure, and reliable without the use of underground nuclear weapons testing. ’ ’. (b) ELEMENTS.—Subsection (b) of such section is amended— (1) in paragraph (1), by striking ‘‘detonation’’ and inserting ‘‘performance over time’’; and (2) by adding at the end the following new paragraphs: ‘‘(4) Support for the use of, and e x periments facilitated by, the advanced experimental facilities of the United States, including— ‘‘(A) the National Ignition Facility at Lawrence Liver- more National Laboratory; ‘‘( B ) the Dual Axis R adiographic H ydrodynamic Test Facility at Los Alamos National Laboratory; ‘‘(C) the ZM achine at Sandia National Laboratories; and

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 123STA T . 2 70 3 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (D)the e xp e rim e n t alf a c ilitie s at the N e v a d a test site . ‘‘( 5 ) Su pp o rt for the sustainment and moderni z ation of facilities w ith production and manufacturin g capa b ilities that are necessar y to ensure the safety , security, and reliability of the nuclear weapons stoc k pile, including — ‘‘( A ) the P antex Plant ‘‘( B ) the Y–12 National Security C omplex; ‘‘(C) the K ansas City Plant; ‘‘(D) the Savannah R iver Site; and ‘‘( E ) production and manufacturing capabilities resi - dent in the national security laboratories (as defined in section 3 2 8 1 of the National Nuclear Security Administra- tion Act (5 0U .S.C. 2 47 1)). ’ ’. (c) P RIO RA UTH ORI ZA TIO N O F A P PROPRIATION S FOR F IS C A L Y E AR 1 9 94.—Such section is further amended by striking subsection (c). SEC.31 1 2 . R E PO R T O N STOC K P IL E STE WA R D S H IP CRITERIA AND ASSESS M ENT O F STOCKPILE STEWARDSHIP PRO G RAM. (a) I N G ENERAL.—Subsection (c) of section 4202 of the Atomic Energy Defense Act (division D of Public L aw 107–314; 50 U.S.C. 2522) is amended to read as follows ‘‘(c) REPORT.—(1) In each odd-numbered year, beginning in 2011, the Secretary of Energy shall include in the stockpile steward- ship plan re q uired by section 4203 a report containing the following elements: ‘‘(A) A description of the information needed to determine that the nuclear weapons stockpile is safe and reliable and the relationship of the science-based tools to the collection of that information. ‘‘(B) A description of any updates to the criteria established under subsection (a) during— ‘‘(i) the previous two years; or ‘‘(ii) with respect to the report in 2011, the period beginning on the date of the submission of the report under section 3133 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–13 6 1751; 50 U.S.C. 2523 note) and ending on the date of the submission of the 2011 stockpile stewardship plan required by section 4203. ‘‘(C) For each science-based tool to collect information needed to determine that the nuclear weapons stockpile is safe, secure, and reliable that is developed or modified by the Department of Energy during the relevant period described in subparagraph (B)— ‘‘(i) a description of the relationship of the science- based tool to the collection of such information; and ‘‘(ii) a description of criteria for assessing the effective- ness of the science-based tool in collecting such information. ‘‘(D) An assessment described in paragraph (2). ‘‘(2) An assessment described in this paragraph is an assess- ment of the stockpile stewardship program conducted by the Administrator for Nuclear Security in consultation with the direc- tors of the national security laboratories. Such assessment shall set forth the following: ‘‘(A) An identification and description of— ‘‘(i) any key technical challenges to the stockpile stewardship program; and Timep e r i od.
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 123STA T . 2 704PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9‘ ‘ (i i )thes t ra te g ies t o a d dress s uc h cha l le n ges w ithout the use o f nuclear testing . ‘‘( B ) A strateg y for using the science -b ased tools (including ad v anced si m ulation and com p uting capabilities) of each national security laboratory to ensure that the nuclear weapons stoc k pile is safe , secure, and reliable without the use of nuclear testing. ‘‘( C ) An assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that e x ist at the time of the assess- ment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program. ‘‘( D ) An assessment of the core scientific and technical competencies re q uired to achieve the ob j ectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Department of E nergy, including — ‘‘(i) the number of scientists, engineers, and techni- cians, by discipline, required to maintain such com- petencies and ‘‘(ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program. ’ ’. (b) D EFIN I T I O N S .— S uch section is further amended by adding at the end the following subsection ‘‘(d) DEFINITIONS.— I n this section: ‘‘( 1 ) T he term ‘future-years nuclear security program’ means the program required by section 325 3ofthe N ational Nuclear Security Administration Act (5 0U .S.C. 2 4 53). ‘‘(2) The term ‘national security laboratory’ has the meaning given such term in section 32 8 1 of the National Nuclear Secu- rity Administration Act (50 U.S.C. 24 7 1). ‘‘(3) The term ‘weapons activities’ means each activity within the budget category of weapons activities in the budget of the National Nuclear Security Administration. ‘‘(4) The term ‘weapons – related activities’ means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to— ‘‘(A) nuclear nonproliferation; ‘‘(B) nuclear forensics; ‘‘(C) nuclear intelligence; ‘‘(D) nuclear safety; and ‘‘(E) nuclear incident response.’’. SEC.31 13. S TO C KPIL E MAN A G EMENT P R OGRAM. (a) IN G ENE RAL .—The Atomic Energy Defense Act (division Dof P ublic L aw 107–314; 50 U.S.C. 2501 et seq.) is amended— (1) by repealing section 4204A (50 U.S.C. 2524a); and (2) by amending section 4204 (50 U.S.C. 2524) to read as follows: ‘ ‘SEC. 420 4. STOCKPILE MANAGEMENT PROGRAM. ‘‘(a) PRO G RA MR E QU IRE D .—The Secretary of Energy, acting through the Administrator for Nuclear Security and in consultation with the Secretary of Defense, shall carry out a program, in support Rep e al.


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 123STA T . 2 705PUBLIC LA W 111 –84—O CT. 28 , 200 9ofthes to ckpil e ste ward ship pro g ra m, to pro v ide for the effective ma n agement of the weapons in the n u clear weapons stockpile, including the e x tension of the effective life of such weapons .T he program shall have the following o bj ectives

‘ (1) To increase the reliabilit y , safety, and security of the nuclear weapons stockpile of the U nited S tates. ‘‘( 2 ) To further reduce the likelihood of the resumption of underground nuclear weapons testing. ‘‘( 3 ) To achieve reductions in the future si z e of the nuclear weapons stockpile. ‘‘( 4 ) To reduce the risk of an accidental detonation of an element of the stockpile. ‘‘( 5 ) To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies. ‘‘(b) PROG R AMLI MI T ATIO NS . —I n carrying out the stockpile management program under subsection (a), the Secretary of E nergy shall ensure that— ‘‘(1) any changes made to the stockpile shall be made to achieve the objectives identified in subsection (a) and ‘‘(2) any such changes made to the stockpile shall— ‘‘( A ) remain consistent with basic design parameters by including, to the maximum extent feasible, components that are well understood or are certifiable without the need to resume underground nuclear weapons testing; and ‘‘( B ) use the design, certification, and production exper - tise resident in the nuclear complex to fulfill current mis- sion re q uirements of the existing stockpile. ‘‘(c) PROGRAM P L AN.—In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall develop a long-term plan to extend the effective life of the weapons in the nuclear weapons stockpile without the use of nuclear weapons testing. The plan shall include the following: ‘‘(1) M echanisms to provide for the manufacture, mainte- nance, and modernization of each weapon design in the nuclear stockpile, as needed. ‘‘(2) Mechanisms to expedite the collection of information necessary for carrying out the program, including information relating to the aging of materials and components, new manu- facturing techniques, and the replacement or substitution of materials. ‘‘(3) Mechanisms to ensure the appropriate assignment of roles and missions for each nuclear weapons laboratory and production plant of the D epartment of Energy, including mecha- nisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel. ‘‘(4) Mechanisms to ensure that each national laboratory of the N ational Nuclear Security Administration has full and complete access to all weapons data to enable a rigorous peer review process to support the annual assessment of the condi- tion of the nuclear weapons stockpile required under section 42 0 5. ‘‘(5) Mechanisms for allocating funds for activities under the program, including allocations of funds by weapon type and facility.


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 123STA T . 2 706PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (6)Anide n t i f i ca ti o noft h ef u nd s needed , in the fisca ly ea r in w hich the p lan is de v eloped and in each of the followin g five fiscal years, to carry out the progra m. ‘‘(d) A N N UALUPD A TES . —T he S ecretary of E nergy shall annually update the plan re q uired under su b section (c) and shall submit the updated plan to C ongress as part of the stoc k pile stewardship plan required by section 4203 (c). ‘‘(e) PROG RA MB UDGET.— I n accordance with the requirements under section 420 9, for each budget submitted by the President to Congress under section 1 10 5 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget j ustification materials submitted to Congress in support of that budget. ’ ’. (b) CLER IC AL AMENDMENT.—The table of contents in section 4001(b) of such Act (division D of Public L aw 10 7– 314) is amended by striking the items relating to sections 4204 and 4204A and inserting the following new item

‘ Sec.420 4.S to c kpil e man a g ement p r ogram. ’ ’. SEC.31 1 4 . DUALV AL I DA T I ON O F ANNUAL W EA P ONS ASSESS M ENT AND CE R TIFICATION. (a) DUAL V ALIDATION.— (1) PLAN.— N ot later than M arch 1, 2010, the Administrator for Nuclear Security shall submit to the congressional defense committees a plan (including a schedule) to carry out subsection (c) of section 4205 of the Atomic Energy Defense Act (division D of Public Law 107–314 50 U.S.C. 2525), as added by para - graph (2) of this subsection. (2) DUAL V ALIDATION.—Section 4205 of the Atomic Energy Defense Act (division D of Public Law 107–314; 50 U.S.C. 2525) is amended— (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and (B) by inserting after subsection (b) the following new subsection (c): ‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT O F ASSESSMENTS.— In support of the assessments required by subsection (a), the Administrator for Nuclear Security may establish teams, known as ‘dual validation teams’, to provide each national security labora- tory responsible for weapons design with independent evaluations of the condition of each warhead for which such laboratory has lead responsibility. A dual validation team established by the Administrator shall— ‘‘(1) be comprised of weapons e x perts from the laboratory that does not have lead responsibility for fielding the warhead being evaluated; ‘‘(2) have access to all surveillance and underground test data for all stockpile systems for use in the independent evalua- tions; ‘‘(3) use all relevant available data to conduct independent calculations; and ‘‘(4) pursue independent experiments to support the inde- pendent evaluations.’’. (b) R ED TEAM REVIE W S.—Subsection (d)(1) of such section, as redesignated by subsection (a)(2)(A) of this section, is amended— (1) by inserting ‘‘both’’ after ‘‘review’’; and Deadlin e .


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 123STA T . 2 70 7 PUBLIC LA W 111 –84—O CT. 28 , 200 9(2)byinsert in gaf ter ‘ ‘t h at l ab o ratory ’ ’ the follo w ing ‘‘an d any inde p endent e v al u ations c onducted by a dual validation tea m under subsection (c)’’ . (c) SUM M ARY . — Subsection (e)( 3 ) of such section , as redesignated by subsection (a)(2)( A ) of this section, is amended— ( 1 ) in subparagraph ( B ), by stri k ing ‘‘and’’ at the end (2) in subparagraph ( C ), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following new subparagraph: ‘‘( D ) a concise summary of the results of any inde - pendent evaluation conducted by a dual validation team under subsection (c).’’. (d) C ONF ORM I N G AM E N D MEN TS .—Such section is further amended— (1) in paragraph (3)(C) of subsection (e), as redesignated by subsection (a)(2)(A) of this section, by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’; (2) in paragraph (1)(A) of subsection (f), as redesignated by subsection (a)(2)(A) of this section, by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’; (3) in subsection (g), as redesignated by subsection (a)(2)(A) of this section, by striking ‘‘subsection (e)’’ and inserting ‘‘sub- section (f)’’; and ( 4 ) in subsection (i), as redesignated by subsection (a)(2)(A) of this section— (A) in paragraph (1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’; and (B) in paragraph (2), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’. SEC.31 1 5 .E LIM I NAT I O NO F N U CLEA RW EA P ONS LIFE E X TENSION PRO -G RAM FROM EXCEPTION TO RE Q UIREMENT TO REQUEST FUN D SIN B UDGET OF T H E PRESIDENT. Section 42 09 of the Atomic E nergy Defense Act ( 5 0 U .S.C. 2529) is amended— (1) in subsection (c), by striking ‘‘necessary—’’ and all that follows through the period and inserting ‘‘necessary to address proliferation concerns.’’; and (2) in subsection (d)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as para- graphs (1) and (2), respectively. SEC. 311 6 . LONG-TERM PLAN FOR THE MODERNI Z ATION AND REFURBISHMENT OF THE NUCLEAR SECURIT Y COMPLEX. (a) I N G ENERA L .—Subtitle D of the N ational Nuclear Security Administration Act (50 U.S.C. 2451 et se q .) is amended by adding at the end the following new section: ‘ ‘SEC. 3 2 55. BIENNIAL PLAN AND BUDGET ASSESSMENT ON THE MOD- ERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. ‘‘(a) NU C LEAR SECURITY COM P LE XM ODERNI Z ATION AND R EFUR B IS H MENT P LAN AND ASSESSMENT.— T he Administrator for Nuclear Security shall include with the nuclear security budget materials submitted for each odd-numbered fiscal year— 50USC24 55.


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 123STA T . 2 708PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9‘ ‘ (1)theplanfor the m o d ern iz ation and ref u r b i s hment of the nu c lear securit y comple x described under subsection (b) and ‘‘( 2 ) an assessment by the A dministrator of w hether both the bud g et for such fiscal year and the future - years nuclear security program submitted to C ongress in relation to such budget under section 3 2 5 3 pro v ide for funding of the nuclear security complex at a level that is sufficient for the moderniza- tion and refurbishment of the nuclear security complex in accordance with the plan described under subsection (b) . ‘‘(b) PLANE L EM EN TS . — (1) T he plan re q uired under subsection (a)(1) shall be designed so that the nuclear security complex is capable of supporting— ‘‘(A) the national security strategy of the U nited S tates , as set forth in the most recent national security strategy report of the President under section 1 08 of the N ational Security Actof1 947 (50 U.S.C. 404a), except that, if at the time such plan is submitted with the nuclear security budget materials a national security strategy report required under such section 108 has not been submitted to Congress, then such plan shall be designed so that the modernization and refurbishment of the nuclear security complex provided for under such plan is capable of supporting the nuclear security complex rec- ommended in the report of the most recent Q uadrennial D efense R eview; and ‘‘( B ) the nuclear posture of the United States as set forth in the most recent Nuclear Posture Review. ‘‘(2) The plan required under subsection (a)(1) shall include the following ‘‘(A) A description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, which- ever is applicable under paragraph (1)(A), and the Nuclear Posture Review. ‘‘(B) A schedule for implementing those measures deter- mined necessary under subparagraph (A) during the 10 years following the date of the plan. ‘‘(C) The estimated levels of annual funds the Administrator determines necessary to carry out the program, including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based. ‘‘(c) B UDG ET ASSESSMENT.— I f the Administrator determines a budget request is insufficient for the modernization and refurbish- ment of the nuclear security complex provided for in the plan required under subsection (a)(1), the Administrator shall include with the nuclear security budget materials for such fiscal year a further assessment that describes and discusses the ris k s and implications associated 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, security, and reliability. Such assessment shall be coordinated in advance with the Secretary of Defense and the Commander of the United States Strategic Command. ‘‘(d) DE FI NITI O NS.—In this section: ‘‘(1) The term ‘nuclear security complex ’ means the physical facilities, technology, and human capital of—


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 123STA T . 2 709PUBLIC LA W 111 –84—O CT. 28 , 2009 ‘ ‘ (A)thena t io na ls e cur it y la b oratories ‘‘( B ) the P ante x Plant; ‘‘( C ) the Y–12N ational S ecurity Co mp lex; ‘‘( D ) the K ansas City Plant; ‘‘( E )theSa v annah R iver Site; an d ‘‘( F ) the Nevada test site . ‘‘(2) T he term ‘bud g et ’,w ith respect to a f iscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 11 05 (a) of title 3 1, U nited States Code. ‘‘(3) The term ‘nuclear security budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Administrator for Nuclear Security in support of the budget for that fiscal year. ‘‘( 4 )Theterm‘ Q uadrennial Defense Review’ means the review of the defense programs and policies of the United States that is carried out every four years under section 11 8 of title 10, United States Code.’’. (b) C LERICA LA M E ND MEN T . — The table of contents at the begin - ning of the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3254 the following new item

‘ 325 5 .Bien ni alp lan an dbu d g e t a s sess m ent o nt h e mode r ni z ation and re f urbish - ment of the nu c lear securit y comple x . ’ ’. SEC.31 1 7 . R E P E ALOF PRO HIB I T IO N ONF U N D IN G ACTI V ITIES ASSOCI - ATED W ITH INTERNATIONAL COOPERATIVE STOC K PILE STEWARDSHIP. (a) I N G ENERAL.—Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 25 6 1) is repealed. (b) CLERICAL AMENDMENT.—The table of contents for that Act is amended by stri k ing the item relating to section 4301. SEC. 311 8 . M ODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT PRO J ECTS. (a) INCREA S E.—Paragraph (3) of section 4 7 01 of the Atomic Energy Defense Act (50 U.S.C. 2741(3)) is amended by striking ‘‘ $ 5,000,000’’ and inserting ‘‘$10,000,000’’. (b) S U NSET.—Effective September 30, 2010, such paragraph, as amended by subsection (a), is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’. (c) N O TI F ICATION.—Notwithstanding section 4703 of such Act (50 U.S.C. 2743), in carrying out construction pro j ects during fiscal year 2010, the Secretary of Energy may not start a general plant project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense commit- tees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received. SEC. 311 9 . TWO- Y EAR E X TENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC , ENGINEERING, AND TECHNICAL PERSONNEL. Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September 30, 200 9 ’’ and inserting ‘‘September 30, 2011’’. Timep e r i od.50USC2741an d no t e.


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 123STA T . 2 7 1 0PUBLIC LA W 111 –84—O CT. 28 , 200 9SEC.3120 . NATIO NA L N U CLEA R SECURIT Y A DM INISTRATION AUT H ORITY F OR UR G ENT NON P ROLIFERATION ACTI V I - TIES. (a)INGE NE RAL.—Subject t o t h e n ot if ication r e q uire m ent un d er s ubsection (b) , not more than 10p ercent of the tota l amounts appropriated or other w ise made a v ailable in an y fiscal year for the nonproliferation pro g rams of the D epartment of E nergy N ational Nuclear Security A dministration may be e x pended, not - withstanding any other law, for activities described under sub- section (b)(1)( B ). (b) DE T ER MI NATI O NAN D NOTI C E.— (1) DETERMINATION.— T he Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may ma k e a written determination that— (A) threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, tech- nologies, and expertise must be addressed urgently (B) certain provisions of law would unnecessarily impede the Secretary ’ s ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and ( C ) it is necessary to expend amounts described in subsection (a) to carry out such activities. ( 2 ) NOTICE RE QU IRED.—Not later than 1 5 days before obli- gating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appro- priate congressional committees of the determination made under paragraph (1). The notice shall include— (A) the determination; (B) the activities to be undertaken by the nonprolifera- tion programs of the National Nuclear Security Administra- tion; (C) the expected time frame for such activities; and (D) the expected costs of such activities. (c) A P PROPRIATE CON G RE S SIONAL COMMITTEES.—In this section, the term ‘ ‘appropriate congressional committees’’ means— (1) the Committee on F oreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the H ouse of R epresentatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY ADMINISTRATION. Subsection (a) of section 3 11 7 of the J ohn W arner National Defense Authori z ation Act for Fiscal Y ear 2007 ( P ublic L aw 10 9– 3 64 U .S.C. 7144b note) is amended to read as follows ‘‘(a) TRANS F ER OF FUNCTIONS.—The functions, personnel, funds, assets, and other resources of the O ffice of Defense Nuclear Counter- intelligence of the National Nuclear Security Administration are transferred to the Secretary of Energy, to be administered (except to any extent otherwise directed by the Secretary) by the Director of the Office of Counterintelligence of the Department of Energy.’’. Governm en t or ga n iz ation .D e f inition. Dea dl ine. 50USC24 55a.
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 123STA T . 2 7 11 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Subti t leC—R e por t sSEC.31 31. NATIO NA L ACA D E MY O F SCIENCES R E V IE W OF NATIONAL SEC U RITY LA B ORATORIES. (a)INGE NE RAL.—Notl at er t h a n60d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of E ner g y shall enter into an agreement w ith the National Academy of Sciences to cond u ct a study of the following la b oratories ( 1 ) T he L awrence Li v ermore National Laboratory, C ali - fornia. ( 2 ) The Los Alamos National Laboratory, New M e x ico. ( 3 ) The Sandia National Laboratories, California and New Mexico. (b) ELE M EN TS .—The study re q uired under subsection (a) shall include, with res p ect to each laboratory specified in such subsection, an evaluation of the following: (1) The quality of the scientific research being conducted at the laboratory, including research with respect to weapons science, nonproliferation, energy, and basic science. (2) The quality of the engineering being conducted at the laboratory. (3) The criteria used to assess the quality of scientific research and engineering being conducted at the laboratory. ( 4 ) The relationship between the quality of the science and engineering at the laboratory and the contract for man- aging and operating the laboratory. ( 5 ) The management of wor k conducted by the laboratory for entities other than the D epartment of Energy, including academic institutions and other F ederal agencies, and inter- actions between the laboratory and such entities. (c) C O O P ERAT I ON.—The Secretary of Energy shall, in consulta- tion with the Secretary of Defense and the Director of National Intelligence, ensure that the National Academy of Sciences receives full and timely cooperation from the Department of Energy, the Department of Defense, and the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1 9 4 7 (50 U .S.C. 401a(4))) in conducting the study required under subsection (a). (d) R EPORT.—The National Academy of Sciences shall submit to the Secretary of Energy a report containing the results of the study and any recommendations resulting from the study. (e) S UB MITTAL TO CON G RESS.— (1) IN GENERAL.—Not later than J anuary 1, 2011, the Sec- retary of Energy shall submit to the appropriate congressional committees the report submitted under subsection (d) and any comments or recommendations of the Secretary with respect to that report. (2) FORM.—The report shall be submitted to the appropriate congressional committees in unclassified form, but may include a classified annex. (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE F INE D .—In this section, the term ‘ ‘appropriate congressional committees ’ ’ means the following: (1) The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science and Technology of the H ouse of Representatives. Consulta t i on . Cont r a c ts. S tu dy .


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 123STA T . 2 7 12 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)TheCom m it tee o nAr me dS er v i c e sa nd the Committee on E ner gy and N at u ra lR esources o f the Senate .SEC.31 3 2 . PLANTO ENS UR E CAPA BI LIT Y TO M ONITOR , ANALY Z E, AN D E V ALUATE F OREI G N NUCLEAR W EAPONS ACTIVITIES. (a) PLAN . — The Secretary of Energy , in consultation w ith the D irector of National I ntelligence and the Secretary of Defense, shall p repare a plan to ensure that the national la b oratories over - seen by the Department of Energy maintain a robust technical capability to monitor, analy z e, and evaluate foreign nuclear weapons activities. (b) R EPORT .—Not later than F ebruary 2 8 ,2 01 0, the Secretary of Energy shall submit to the appropriate congressional committees a report describing the plan re q uired under subsection (a) and the resources necessary to implement the plan. The report shall be in unclassified form, but may include a classified anne x . (c) APPROPR I ATE CON G RE S SIONAL CO M MITTEES.—In this section, the term ‘ ‘appropriate congressional committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intel- ligence of the H ouse of Representatives and (2) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. SEC. 3133. COMPTROLLER GENERAL STUDY OF STOC K PILE STEWARD - S H IP PROGRAM. (a) IN G ENERAL.—The Comptroller General of the U nited States shall conduct a study of the stoc k pile stewardship program estab- lished under section 4 201 of the Atomic Energy Defense Act ( 5 0 U.S.C. 2521) to determine if the program was functioning, as of December 2008, as envisioned when the program was established. (b) ELEMENTS.—The study required by subsection (a) shall include the following (1) An assessment of whether the capabilities determined to be necessary to maintain the nuclear weapons stockpile without the use of nuclear testing have been implemented and the extent to which such capabilities are functioning. (2) A review and description of the agreements governing use, management, and support of the capabilities developed for the stockpile stewardship program and an assessment of enforcement of, and compliance with, those agreements. ( 3 ) An assessment of plans for surveillance and testing of nuclear weapons in the stockpile and the extent of the compliance with such plans. (4) An assessment of— (A) the condition of the infrastructure at the plants and laboratories of the nuclear weapons complex; ( B ) the value of nuclear weapons facilities built after 1 9 92; (C) any plans that are in place to maintain, improve, or replace such infrastructure; (D) whether there is a validated requirement for all planned infrastructure replacement pro j ects; and (E) the projected costs for each such project and the time line for completion of each such project. Defin i t i o n .


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 123STA T . 2 7 13 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(5)Anas s e ss m en tof t h e effo r ts to ens u re an d ma i ntain the inte l le c tual and technical ca p a b ilit y of the nuclear w eapons comple x to support the nuclear weapons stoc k pile . ( 6 ) R ecommendations for the stockpile stewardship pro -g ram going forward. (c) R EPORT . —N ot later than 270 days after the date of the enactment of this Act , the C omptroller G eneral shall submit to the congressional defense committees a report containing the results of the study re q uired by subsection (a). SEC.31 3 4 .C OMPTR O L LER G E N ER A LO F T H E U N I TE D STATES RE V IE W OF PRO J ECTS CARRIED OUT BY THE OFFICE OF ENVIRON - MENTAL MANAGEMENT OF THE DEPARTMENT OF ENERGY PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 20 0 9 . (a) IN GENER AL .— T he Comptroller General of the U nited S tates shall conduct a series of three re v iews, as described in subsections (b), (c), and (d), of pro j ects carried out by the O ffice of E nvironmental M anagement of the D epartment of Energy (in this section referred to as the ‘ ‘Office ’ ’) using American Recovery and Reinvestment Act funds. (b) PH A S EONERE VI E W .— ( 1 )IN G ENERAL.— B eginning on the date of the enactment of this Act, the Comptroller General shall conduct a review of the following (A) The criteria used by the Office to select projects to be carried out using American Recovery and Reinvest- ment Act funds. (B) The extent to which lessons learned during previous accelerations of defense environmental cleanup efforts were used in the development of such criteria. (C) The process used by the Office to estimate costs and develop schedules for such projects. (D) The process used by the Office for the independent validation of the scope, cost, and schedule for such projects. (E) The criteria and methodology used by the Office to measure the contribution of each such project toward reducing the overall costs, and meeting the goals, of defense environmental cleanup. (2) REPORT.—Not later than 3 0 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the results of the review conducted under paragraph (1). (c) PHASE TWO REVIEW.— (1) IN GENERAL.—The Comptroller General shall conduct a review, during the period described in paragraph (2), of the following: (A) The implementation of each project carried out using American Recovery and Reinvestment Act funds. (B) The extent to which each such project is meeting the cost and scheduling goals of the project. (C) The number of jobs created or maintained through such projects. (D) The adequacy of contract oversight for such projects. (E) Any program management, implementation or tech- nical problems, or other problems in connection with such Ef f ectiv e da te .


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 123STA T . 2 7 1 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9projects t ha t are id e n ti f ied by the C o m ptro l ler G eneral in the co u rse of the re v ie w.(F)A ny mana g ement and implementation issues or actions , or other systemic issues, identified by the Comp - troller General in the course of the review that either hinder or assist the effective management of defense environmental cleanup efforts. ( 2 ) PERIOD DE SC RI B ED. —T he period described in this para- graph is the period— (A) beginning on the date on which the Comptroller General submits the report re q uired under subsection (b)(2) and ( B ) ending on the later of— (i) the date on which all projects carried out using American R ecovery and Reinvestment Act funds have been completed; or (ii) the date on which all American Recovery and Reinvestment Act funds have been obligated or e x pended or are no longer available to be obligated or expended. ( 3 )RE P OR T S.—The Comptroller General shall submit to the congressional defense committees a report on the status of the review conducted under paragraph ( 1 ) not later than 3 0 days after submitting the report required under subsection (b)(2) and every 120 days thereafter until the end of the period described in paragraph (2). (d) P HA SE THREE RE V IE W .— (1) ING ENERA L .—Beginning on the date on which the Comptroller General submits the last report required under subsection (c)(3), the Comptroller General shall conduct a review of the following (A) The implementation of all projects carried out using American Recovery and Reinvestment Act funds, including the number of such projects— (i) that were completed; (ii) that were not completed; (iii) that were completed on budget; (iv) that exceeded the budget for such project; (v) that were completed on schedule; and (vi) that exceeded the scheduling goals for such project. (B) The impact on employment as a result of the completion of such projects. (C) Any lessons learned as a result of accelerating such projects. ( D ) The extent to which the achievement of the overall goals of defense environmental cleanup were accelerated, and the overall costs of defense environmental cleanup were reduced, as a result of such projects. ( E ) Any other issues the Comptroller General considers appropriate with respect to such projects. (2) REPORT.— N ot later than 9 0 days after submitting the last report required under subsection (c)(3), the Comptroller General shall submit to the congressional defense committees a report containing the results of the review conducted under paragraph (1). Ef f ectiv e da te .


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 123STA T . 2 7 1 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(e)AMERICANR EC OV ER Y AN D REINVE ST MENT ACT FU NDS D E F INED .—Inthis se c ti o n , the te rm‘ ‘Americ a n Reco v er y an d Reinvestment Act fu nds ’ ’ means funds made avai l a b le for the O ffice of E nvironmental M ana g ement under the heading ‘‘DEFENSE ENVIRONMENTA LC LEANU P ’’ under the heading ‘‘E NV IRONMEN T A L AND OT H ER DEFEN S E ACTIVITIES’’ under the heading ‘‘DE P ARTMENT OF ENER GY ’’ under title IV of division A of the American Recovery and Reinvestment Act of 20 0 9 (Public La w1 11 –5; 12 3 Stat. 1 4 0). Subti t leD—O t h e rMa tter sSEC.314 1. T E N-Y E ARPL AN FO R U SE AN D FUND I N G OF CERTAIN DEPART M ENT OF ENERGY FACILITIES. (a) IN GENERAL.—The Administrator for Nuclear Security and the U nder Secretary for Science of the De p artment of Energy shall j ointly develop a plan to use and fund, over a ten - year period, the following facilities of the Department of Energy (1) The National Ignition Facility at the Lawrence Liver- more National Laboratory, California. (2) The Los Alamos Neutron Science Center at the Los Alamos National Laboratory, New Me x ico. (3) The Z Machine at the Sandia National Laboratories, New Mexico. (4) The Microsystems and Engineering Sciences Application Facility at the Sandia National Laboratories, New Mexico. (b) SU B MITTAL OF PLAN.—Not later than 45 days after the date of the enactment of this Act, the Administrator for Nuclear Security and the Under Secretary for Science of the Department of Energy shall submit to the appropriate congressional committees the plan re q uired by subsection (a). (c) RE Q UIREMENT TO SPECIFY SOURCE OF FACILITY FUNDIN G IN B UDGET REQUESTS.—In any budget request for the Department of Energy for a fiscal year that is submitted to Congress after the date of the enactment of this Act, the Secretary of Energy shall identify for that fiscal year the portion of the funding for each facility specified in subsection (a) that is to be provided by the National Nuclear Security Administration and by the Office of Science of the Department of Energy. (d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Science and Technology of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate. SEC. 314 2 .E X PANSION OF AUT H ORITY OF OM B UDSMAN OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. (a) IN GENERAL.—Section 3 68 6 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7 385s–15) is amended— Deadlin e .50USC24 5 1 n ot e.


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 123STA T . 2 7 1 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)insub s ect i o n (c) , b y inse r tin g‘ ‘ a n d subtit l e B’ ’a f ter ‘‘t h is subtitle’’ each p lace it appears ( 2 ) in subsection (d), by inserting ‘‘and subtitle B’’ after ‘‘this subtitle’’; ( 3 ) in subsection (e), by inserting ‘‘and subtitle B’’ after ‘‘this subtitle’’ each place it appears; ( 4 ) by redesignating subsection (g) as subsection (h); and ( 5 ) by inserting after subsection (f) the follo w ing new sub - section ‘‘(g) NATION A LI N S TIT U T EF O ROC CU P ATIONAL S AFET Y AN DH EALT H O MB UDSMAN .— In carrying out the duties of the O m buds- man under this section, the Ombudsman shall wor k with the indi- v idual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B.’’. (b) C ONSTRUCTION.— Ex cept as specifically provided in sub- section (g) of section 3 68 6 of the Energy Employees Occupational Illness Compensation P rogram A ctof2 0 00, as amended by sub- section (a) of this section, nothing in the amendments made by such subsection (a) shall be construed to alter or affect the duties and functions of the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U .S.C. 7 384l et se q .). SEC.314 3. ID E NT I F IC A TI O NIN BU D G ET M ATE R IA L S OF AMOUNTS FOR CERTAIN DE P ARTMENT OF ENERG Y PENSION OBLIGA - TIONS. T he Secretary of Energy shall include in the budget j ustification materials submitted to Congress in support of the D epartment of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) specific identification, as a budgetary line item, of the amounts required to meet the pension obligations of the Department of Energy for contractor employees at each facility of the Depart- ment of Energy operated using amounts authori z ed to be appro- priated for the Department of Energy. SEC. 3144. SENSE OF CONGRESS ON PRODUCTION OF MOLYBDENUM –9 9. (a) F INDIN G S.—Congress finds the following: (1) There are fewer than five reactors around the world currently capable of producing molybdenum –9 9 (in this section referred to as ‘‘ M o–99’’) and there are no such reactors in the United States that can provide a reliable supply of Mo– 99 to meet medical needs. (2) Since November 2007, there have been major disrup- tions in the global availability of Mo–99, including at facilities in Canada and the Netherlands, which have led to shortages of Mo–99-based medical products in the United States and around the world. (3) Ensuring a reliable supply of medical radioisotopes, including Mo–99, is of great importance to the public health. (4) It is also a national security priority of the United States, and specifically of the Department of Energy, to encour- age the production of low-enriched uranium-based radioisotopes in order to promote a more peaceful international nuclear order. 42USC7 27 9. 42USC7 385s-1 5 note .


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 123STA T . 2 7 17 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(5)TheNation a lAc a d e my o fS cience s has identified a need to esta b lish a r eliable ca p ability in the U nited States for the prod u ction of M o –9 9 and its deri v atives for medical purposes usin g lo w- enriched uranium . ( 6 ) There also e x ists a capable industrial base in the United States that can support the development of Mo–99 production facilities and can conduct the processing and distribution of radiopharmaceutical products for use in medical tests world- wide. (b) S ENS E OFC ON GR ESS. —I t is the sense of Congress that— ( 1 ) radioisotopes and radiopharmaceuticals , including Mo– 99 and its derivatives, are essential components of medical tests that help diagnose and treat life-threatening diseases affecting millions of people each year and ( 2 ) the Secretary of E nergy should continue and expand a program to meet the need identified by the National Academy of Sciences to ensure a source of Mo–99 and its derivatives for use in medical tests to help ensure the health security of the United States and around the world and promote peaceful nuclear industries through the use of low-enriched uranium. TI T LEX XXII —D E F E NS EN UC LE AR FACILITIES SAFET YBO ARD TI T LEX XXII —D E F E NS EN UC LE AR FACILITIES SAFET YBO ARD S ec.3201 . A uthoriza tio n . SEC.3201 . AUTHORIZ ATIO N . There are authori z ed to be appropriated for fiscal year 2 0 10, $ 26,0 8 6,000 for the operation of the D efense Nuclear F acilities Safety B oard under chapter 21 of the Atomic Energy Act of 195 4 (42 U.S.C. 2286 et se q .). TITLE XXXI V —NAVAL P ETROLEU M RESERVES Sec. 3 4 01. Authorization o f a p propriation s . SEC. 3 4 01. AUTHORIZATION O F A P PROPRIATIONS. (a) A M O U N T .—There are hereby authorized to be appropriated to the Secretary of Energy $2 3 ,62 7 ,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) P ER I O D OFA VA I L A B ILIT Y .—Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3 5 01. Authorization of appropriations for fisca ly ear 2010. Sec. 3502. Unuse d lea v e b alances. Sec. 3503. Te m porary pro g ram authorizing contracts w ith ad j unct professors at the United States M erchant Marine Academy. Sec. 3504. Maritime loan guarantee program.


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 123STA T . 2 7 1 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Sec.350 5. D e f e ns e m e a s ur esa g a i ns t unaut ho ri z e d seizures of M aritime Securit yFl eet v essels. Sec. 350 6 . R e p ort on restrictions on U nited States - flagged commercial vessel secu- rity. Sec. 350 7 . T echnical corrections to State maritime academies student incentive pro- gram. Sec. 350 8 . C ooperative agreements , administrative e x penses, and contracting au- thority. Sec. 350 9 . Use of funding for D O T maritime heritage property. Sec. 35 1 0. Use of midshipman fees. Sec. 3511. Construction of vessels in the United States policy. Sec. 351 2 . P ort infrastructure development program. Sec. 3513. Reefs for marine life conservation program. Sec. 351 4 . United States Merchant Marine A cademy graduate program receipt, dis- b ursement, and accounting for nonappropriated funds. Sec. 3515. America ’ s short sea transportation grants for the development of marine high w ays. Sec. 3516. E xpansion of the Marine V iew system. SEC.3501 . AUTHORIZ ATIO N O F A P PROPRIATIONS FOR FISCA LY EAR 2 010. Fundsareh ere by au t h o r iz edtobea p propriated f or fis c a l year 201 0, tobea v ailable w ithout fiscal year li m itation if so provided in appropriations A cts, for the use of the D epartment of T ranspor - tation for the M aritime Administration as follows

1 ) For e x penses necessary for operations and trainin g activities, $ 1 5 2, 9 00,000, of which — (A) $15, 3 91,000 shall remain available until expended for capital improvements at the U nited S tates Merchant Marine Academy ( B ) $11,2 4 0,000 shall remain available until expended for maintenance and repair of training ships of the State Maritime Academies; and ( C )$ 7 4,500,000 shall be available for operations at the United States Merchant Marine Academy . (2) For expenses to maintain and preserve a United States- flag merchant fleet to serve the national security needs of the United States under chapter 531 of title 4 6, United States Code, $174,000,000. (3) For expenses to dispose of obsolete vessels in the N ational Defense R eserve 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 authorized by chapter 537 of title 46, United States Code, $60,000,000. (5) For administrative expenses related to the implementa- tion of the loan guarantee program under chapter 537 of title 46, United States Code, administrative expenses related to the implementation of the reimbursement program under sec- tion 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note), and administrative expenses related to the implementation of the program of assistance for small shipyards and maritime communities under section 54101 of title 46, United States Code, $4,000,000. SEC. 3502. UNUSE D LEA V E B ALANCES. The Maritime Administrator may, sub j ect to the availability of appropriations, ma k e a lump-sum payment for the accumulated balance of unused annual leave, at a rate of pay that existed on the date of termination or on the day before conversion to the Civil Service, to any former employee of a United States Mer- chant Marine Academy nonappropriated fund instrumentality who


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 123STA T . 2 7 1 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 wastermin ate df r o ms uch em pl o y ment in the period S eptem b er 20 0 8 throu g h M arch 200 9 under authority granted by section 35 0 6 of the D uncan H unter N ational Defense A uthori z ation Act for fiscal year 2009 (P ublic L aw 1 10 –4 1 7; 122 Stat . 4356 ) . SEC.350 3. T E MPORA R Y PRO G RAM A U T H OR IZ I N G CONTRACTS W ITH A DJ UNCT PRO F ESSORS AT THE UNITED STATES MER - CHANT MARINE ACADEMY. (a) INGE NE RAL . —C hapter 513 of title 46 ,U nited States Code, is amended by adding at the end thereof the following

‘ §513 1 7.Adjunctprofes sors ‘ ‘(a) IN GENERAL.— T he Maritime Administrator may establish a program for the purpose of contracting with indi v iduals as per - sonal services contractors to provide services as ad j unct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration. ‘‘(b) C O N T RA C T R E QUI RE M ENT S .— E ach contract under the pro- gram— ‘‘(1) must be approved by the Maritime Administrator; and ‘‘(2) shall be for a duration, including options, of not to e x ceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year. ‘‘(3) shall be subject to the availability of appropriations. ‘‘(c) LIMITATION ON NUM B ERO F CONTRACTORS.—In awarding contacts under this section, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services in any one academic trimester, or e q uivalent, as contractors under subsection (a). ‘‘(d) RE P ORTIN G REQUIREMENTS.— W hen the authority granted by subsection (a) is used to hire an adjunct professor at the Academy in fiscal year 2010 or fiscal year 2011, the Administrator shall notify the Committee on Armed Services of the House of Representa- tives, the Committee on Armed Services of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate, including the need for and the term of employment for the adjunct professor. ’ ’. (b) CLERICAL AN D CONFORMING AMENDMENTS.— (1) CLERICAL AMENDMENT.—The table of contents for chapter 513 of title 46, United States Code, is amended by adding at the end thereof the following new item: ‘ ‘ 513 1 7.Adjunctprofes sors. ’ ’’’. (2) CONFORMING AMENDMENT.—Section 3506 of the Duncan Hunter National Defense Authorization Act for F iscal Y ear 2009 (46 U.S.C. 53101 note) is repealed. SEC. 350 4 . MARITIME L OAN GUARANTEE PROGRAM. The Congress finds that— (1) it is in the national security interest of the United States to foster commercial shipbuilding in the United States; (2) the maritime loan guarantee program authorized by chapter 537 or title 46, United States Code, has a long and successful history of facilitating construction of commercial ves- sels in domestic shipyards; Rep e al.


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 123STA T . 2 7 2 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(3)theMari ti m e Lo a nGu arantee P ro g ram s trengthens our N ation ’ sin d ustria lb ase b y allo w ing domesti c shi p yards and their allied ser v ice and supply industries to more e f fectively produce commercial vessels that enhance the commercial sealift capability of the D epartment of Defense and ( 4 ) a revitali z ed and effective Maritime Loan Guarantee Program would result in construction of a more modern and larger fleet of commercial vessels manned by U nited S tates citizens , thereby providing a pool of trained United States citizen mariners available to assist the Department of Defense in times of war or national emergency .SEC.350 5. D E F E N SE M E A S UR ESA G A I NS T UNAUT HO RI Z ED SEIZURES OF MARITIME SECURIT Y F L EET V ESSELS. Section 5 3 107 (b) of title 4 6, United States C ode, is amended by adding at the end the following new paragraph

‘(3) D EF E NS E M E A S UR ESA G A I NS T UNAUT HO RI Z E D SEI - ZURES. — ( A ) T he E mergency Preparedness Agreement for any operating agreement that first ta k es effect or is renewed after the date of enactment of the National Defense Authorization Act for F iscal Y ear 2 010 shall re q uire that any vessel operating under the agreement in the carriage of cargo for the Depart- ment of Defense in an area that is designated by the Coast Guard as an area of high risk of piracy shall be equipped with, at a minimum, appropriate non-lethal defense measures to protect the vessel, crew, and cargo from unauthorized seizure at sea. ‘‘( B ) The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating shall j ointly prescribe the non-lethal defense measures that are required under this paragraph.’’. SEC. 350 6 .RE P ORT ON RESTRICTIONS ON UNITED STATES - FLAGGED COMMERCIAL VESSEL SECURITY. (a) R E P ORT RE Q UIRED.—The Secretary of Defense and the Sec- retary of State shall prepare and submit a joint report to the appropriate congressional committees not later than 60 days after the date of the enactment of this Act on actions within their respective departments to— (1) eliminate or reduce restrictions under any regulation or provision of law on the carriage of arms and use of armed security teams on United States-flagged commercial vessels for purpose of self defense in areas that are designated as being at a high risk of piracy; (2) negotiate bilateral agreements with coastal states to allow United States-flagged commercial vessels carrying United States Government cargos, such as food aid, that must transit areas designated as being at high risk of piracy, to enter the ports of those coastal states while carrying arms or embarked armed security teams for the purpose of self-defense; and (3) establish common standards, in coordination with the Secretary of H omeland Security and the Commandant of the United States Coast Guard, for the training and professional qualifications of armed security teams. (b) DEFINITIONS.— I n this section: (1) APPROPRIATE C ONGRESSIONA L COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— Piracy.


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 123STA T . 2 7 21 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(A)theCom m i ttee o n A r me dS er v i c e s, the Committee on F orei g nA f f a irs, and the Committee on T rans p ortation and I nfrastr u cture of the H ouse of R epresentatives and ( B ) the Committee on Armed Services, the Committee on Foreign Re l ations, and the Committee on Commerce, Science, and Transportation of the Senate . ( 2 )A RMEDS E CU R ITY TE A MS. — The term ‘ ‘armed securit y teams ’ ’ means security guards employed from the private sector for the purpose of self - defense of the vessel. SEC.3507 . T EC HNI C AL C OR RECTIONS TO STATE M ARITIME ACA D EMIES ST U DENT INCENTI V E P RO G RAM. (a) I N STA L LMENT P AYMENTS.—Section 51 5 09 ( b ) of title 46, U nited States Code, is amended— (1) by stri k ing ‘‘and be paid before the start of each aca- demic year, as prescribed by the Secretary,’’ and inserting ‘‘and be paid in such installments as the Secretary shall determine’’; (2) by striking ‘‘academy.’’ and inserting ‘‘academy, as pre- scribed by the Secretary.’’. (b) RE P EAL OF REDUNDANT SECTION.—Section 1 7 7 of division I of Public L a w 111 –8 (12 3 Stat. 945; relating to amendments previously enacted by section 3503 of division C of Public Law 110–417 (122 Stat. 4762)) is repealed and shall have no force or effect. SEC. 350 8 . COOPERATIVE AGREEMENTS , ADMINISTRATIVE E X PENSES, AND CONTRACTING AUTHORIT Y . Section 109 of title 49, United States Code, is amended— (1) by striking the headline for subsection (h) and inserting the following ‘‘(h) CONTRACTS, COOPERATI V EA G REEMENTS, AND AUDITS.—’’; (2) by striking the heading for paragraph (1) of subsection (h) and inserting the following: ‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—’’; (3) by striking ‘‘make contracts’’ in subsection (h)(1) and inserting ‘‘make contracts and cooperative agreements’’; (4) by striking ‘‘section and’’ in subsection (h)(1)(A) and inserting ‘‘section,’’; (5) by striking ‘‘title 46;’’ in subsection (h)(1)(A) and insert ‘‘title 46, and all other M aritime Administration programs;’’; and (6) by redesignating subsection (i) as subsection ( j ) and inserting after subsection (h) the following: ‘‘(i) G RANT ADMINISTRATIVE EX PENSES.—E x cept as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Adminis- trator may not exceed 3 percent.’’. SEC. 350 9 .USEO F FUNDING FOR DOT MARITIME HERITAGE PROP - ERTY. Section 6(a)(1) of the N ational Maritime Heritage Act of 1994 (16 U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and inserting the following: ‘‘(C) The remainder, whether collected before or after the date of enactment of the Maritime Administration Authori z ation Act of 2010, shall be available to the Sec- retary to carry out the Program, as provided in subsection Ante,p.94 4.


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 123STA T . 2 7 22 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(b)ofthis s ec tio n o r, if other w ise d eter m ined b y the Ma ri - time A dministrator, for u se in the p reser v ation and presen- tation to the pub l ic of maritime herita g e property of the Maritime Administration .’ ’. SEC.3510 . U SE OFMID S H I P M AN FEES. S ection 513 1 4 of title 4 6, U nited States C ode, is amended by stri k ing ‘ ‘1 9 94.’’ in subsection (b) and inserting ‘‘1994, or for calculators, computers, personal and academic supplies, mid- shipman services such as barber, tailor, or laundry services, and Coast G uard license fees.’’. SEC. 3511. CONS TR UCTION OF V ESSE L S IN THE UNITED STATES POLIC Y . Section 5 0 101(a)(4) of title 46, United States Code, is amended by inserting ‘‘constructed in the United States’’ after ‘‘vessels’’. SEC. 351 2 . PORT INFRASTRUCTURE DEVELOPMENT PRO G RAM. Section 5030 2 of title 46, United States Code, is amended by adding at the end thereof the following ‘‘(c) PORTINF R AS TR UC TUR ED E V E L O PM ENT PRO G RAM. — ‘‘(1) E STA B L I S H MENT OF PROGRAM.— T he Secretary of Transportation, through the Maritime Administrator, shall establish a port infrastructure development program for the improvement of port facilities as provided in this subsection. ‘‘(2) AUTHORIT Y OFTHEA D MINISTRATOR.—In order to carry out any pro j ect under the program established under paragraph (1), the Administrator may— ‘‘(A) receive funds provided for the project from F ederal, non-Federal, and private entities that have a specific agree- ment or contract with the Administrator to further the purposes of this subsection ‘‘( B ) coordinate with other Federal agencies to e x pedite the process established under the N ational Environmental Policy Act of 1969 (42 U.S.C. 4321 et se q .) for the improve- ment of port facilities to improve the efficiency of the transportation system, to increase port security, or to pro- vide greater access to port facilities; ‘‘(C) seek to coordinate all reviews or requirements with appropriate local, State, and Federal agencies; and ‘‘(D) provide such technical assistance to port authori- ties or commissions or their subdivisions and agents as needed for project planning, design, and construction. ‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT FUND.— ‘‘(A) ESTABLISHMENT.—There is a Port Infrastructure Development Fund for use by the Administrator in carrying out projects under the port infrastructure development pro- gram. The Fund shall be available to the Administrator— ‘‘(i) to administer and carry out projects under the program; ‘‘(ii) to receive Federal, non-Federal, and private funds from entities which have specific agreements or contracts with the Administrator; and ‘‘(iii) to make refunds for projects that will not be completed. ‘‘(B) CREDITS.—There may be deposited into the Fund— ‘‘(i) funds from Federal, non-Federal, and private entities which have agreements or contracts with the


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 123STA T . 2 7 23 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Admin i stra t o r and wh i c h sha l lr e main in the Fu nd until e xp ended or re f unded and ‘ ‘ ( ii ) such amounts as ma yb e appropriated or transferred , sub j ect to subpara g raph ( C ), to the Fund under this subsection . ‘‘(C) TRANSFE RS. — ‘‘(i) I N G ENERA L .— S ubject to clauses (ii) and (iii), amounts appropriated or otherwise made a v ailable for any fiscal year for a marine facility or intermodal facility that includes maritime transportation may be transferred, at the option of the recipient of such amounts, to the Fund and administered by the Administrator as a component of a project under the program. ‘‘(ii) P R OHIB I T ION ON TRANSFERS.— E xcept as pro - vided in clause (iii), no funds appropriated or made available under title 23 or chapter 5 3 of title 49, U nited States Code, including funds from the H ighway Trust Fund (section 95 0 3(c) of the Internal R evenue Code of 1 9 86 ), funds from the M ass Transit Account of the Highway Trust Fund (section 9503(e) of Internal Rev- enue Code of 1986), and funds provided for public transportation programs within the mass transit cat- egory (as defined in section 250(c)(4)(C) of the B alanced Budget and Emergency D eficit Control Act of 1985), shall be transferred into the Fund. ‘‘(iii) E XC E P TION.— ‘‘(I) IN GENERAL.—Amounts described in sub- clause (II) are eligible for transfer into the Fund if— ‘‘(aa) the recipient of the amounts has a specific agreement or contract with the Administrator; ‘‘(bb) the Department of Transportation agency that administers the amounts to be transferred has granted project approval for each component of the project that is to be funded using such amounts; ‘‘(cc) the Department of Transportation agency that administers the amounts to be transferred and the Maritime Administration agree to the transfer through a signed Memo- randum of Understanding; and ‘‘(dd) the amounts will be used only to carry out the project for which funds were approved, and in accordance with any condi- tions governing the amounts under title 23 or chapter 53 of title 49, United States Code. ‘‘(II) A M O U NTS D ESCRIBED.—The amounts referred to in subclause (I) are amounts appro- priated or made available— ‘‘(aa) for loans, loan guarantees, or lines of credit under chapter 6 of title 23, United States Code, for a project eligible under such chapter to facilitate direct intermodal exchange, transfer, and access into and out of a port as defined under section


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 123STA T . 2 7 2 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9601(a) ( 8 )( D )( i ii) ofsucht it le, asi n effect on the d ate of enact m ent of this su b section o r‘ ‘(bb) for p ro j ects under title XI Iofdi v ision A of the American R ecover y and Reinvestment Act of 2 00 9 ( P ublic L a w 111 –5 ) . ‘‘(D) L IM I TA TI ON ON S TAT U TO RYC ONSTRUCTION. —N othin g in this section shall be construed to alter or other - wise affect e x isting authorities to conduct port infrastruc- ture programs in H awaii (as authori z ed by section 9008 of Public Law 109–59), Alas k a (as authorized by section 10205 of Public Law 109–59), or G uam (as authorized by section 3 512 of Public Law 110– 4 1 7 ). ‘‘(4) AUT H ORI Z ATION O F A P PROPRIATIONS.— T here are authorized to be appropriated to the F und such sums as may be necessary to carry out the program, taking into account amounts received under paragraph (3)(A)(ii). ’ ’. SEC.351 3. R EE F SF O R MA R IN E L IFE CONSER V A T ION P RO G RAM. (a)ING E NERA L .— S ection 3 of Public Law 92–402 (16 U .S. C . 1220) is amended by adding at the end thereof the following ‘‘(d) Any territory, possession, or Commonwealth of the United States, and any foreign country, may apply to the Secretary for an obsolete vessel to be used for an artificial reef under this section. The application process and reefing of any such obsolete vessel shall be performed in a manner consistent with the process jointly developed by the Secretary of Transportation and the Administrator of the E nvironmental Protection Agency under section 3504(b) of Public Law 107–314 (16 U.S.C. 1220 note).’’. (b) LIMITATION.—Section 7 of Public Law 92–402 (16 U.S.C. 1220c–1) is amended by adding at the end thereof the following: ‘‘(d) LIMITATION.—The Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this Act.’’. SEC. 351 4 . U NITE D STATES MERC H ANT MARINE ACADEM Y GRADUATE PROGRAM RECEIPT , DIS B URSEMENT, AND ACCOUNTING FOR NONAPPROPRIATED FUNDS. Section 51309(b) of title 46, United States Code, is amended by inserting after ‘‘body.’’ the following: ‘‘Nonappropriated funds received for this purpose shall be credited to the M aritime Adminis- tration’s O perations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses.’’. SEC. 3515. AMERICA ’ S SHORT SEA TRANSPORTATION GRANTS FOR THE DEVELOPMENT OF MARINE HIGH W AYS. Section 55601 of title 46, United States Code, is amended by adding at the end the following: ‘‘(g) GRANTS.— ‘‘(1) IN G ENERAL.—The Secretary shall establish and imple- ment a short sea transportation grant program to implement projects or components of a project designated under subsection (d). ‘‘(2) APPLICATIONS.—In order to receive a grant under the program, an applicant shall—


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 general,  (q.v.), thinking himself injuriously treated by his colleagues, made overtures to the British to betray to them the important fortress of West Point on the Hudson river, the key of the American position, of which he was commandant. This seemed to Sir Henry Clinton a favourable opportunity for concluding the war, and Major André was appointed to negotiate with Arnold. For this purpose he landed from a vessel bearing a flag of truce and had an interview with Arnold, who delivered to him full particulars and plans of the fortress of West Point, and arranged with him to co-operate with the British during an attack which was to be made in a few days. Unfortunately for André, the British vessel was fired on before the negotiations were finished and obliged to drop down the river. André, therefore, could not return by the way he came and was compelled to pass the night within the American lines. After making the fatal mistake of exchanging his uniform for a civilian disguise, he set out next day by land for New York, provided by Arnold with a passport, and succeeded in passing the regular American outposts undetected. Next day, however, just when all danger seemed to be over, André was stopped by three American militiamen, to whom he gave such contradictory answers that, in spite of Arnold’s pass, they searched him and discovered in his boots the fatal proofs of his negotiations for the betrayal of West Point. Notwithstanding his offer of a large sum for his release, his captors delivered him up to the nearest American officer. Washington, although admitting that André was “more unfortunate than criminal,” sent him before a court-martial, by which, notwithstanding a spirited defence, he was, in consequence of his own admissions, condemned to death as a spy. In spite of the protests and entreaties of Sir Henry Clinton and the threats of Arnold he was hanged at Tappan on the 2nd of October 1780. Arnold, warned by the unfortunate André, escaped by flight the punishment he so richly merited. The justice of André’s execution has been a fruitful theme for discussion, but both British and American military writers are agreed that he undoubtedly acted in the character of a spy, although under orders and entirely contrary to his own feelings. Washington’s apparent harshness in refusing the condemned man a soldier’s death by shooting has also been censured, but it is evident that no other course was open to the American commander, since a mitigation of the sentence would have implied a doubt as to its justice. Besides courage and distinguished military talents, Major André was a proficient in drawing and in music, and showed considerable poetic talent in his humorous Cow-chase, a kind of parody on Chevy-chase, which appeared in three successive parts at New York, the last on the very day of his capture. His fate excited universal sympathy both in America and Europe, and the whole British army went into mourning for him. A mural sculptured monument to his memory was erected in Westminster Abbey by the British government when his remains were brought over and interred there in 1821; and a memorial has been erected to him by Americans on the spot where he was taken. André’s military journal, giving an interesting account of the British movements in America from June 1777 to the close of 1778, was taken to England in 1782 by General Grey, whose descendant, Earl Grey, discovered it in 1902 and disposed of it to an American gentleman.

ANDREA, GIOVANNI (1275–1348), Italian canonist, was born at Mugello, near Florence, about 1275. He studied canon law at Bologna, where he distinguished himself in this subject so much that he was made professor at Padua, and later at Pisa and Bologna, rapidly acquiring a high reputation for his learning and his moral character. Curious stories are told of him; for instance, that by way of self-mortification he lay every night for twenty years on the bare ground with only a bear’s skin for a covering; that in an audience he had with Pope Boniface VIII. his extraordinary shortness of stature led the pope to believe he was kneeling, and to ask him three times to rise, to the immense merriment of the cardinals; and that he had a daughter, Novella, so accomplished in law as to be able to read her father’s lectures in his absence, and so beautiful, that she had to read behind a curtain lest her face should distract the attention of the students. He is said to have died at Bologna of the plague in 1348, and an epitaph in the church of the Dominicans in which he was buried, calling him Rabbi Doctorum, Lux, Censor, Normaque Morum, testifies to the public estimation of his character. Andrea wrote a Gloss on the Sixth Book of the Decretals, Glosses on the Clementines and a Commentary on the Rules of Sextus. His additions to the Speculum of Durando are a mere adaptation from the Consilia of Oldradus, as is also the book De Sponsalibus et Matrimonio, from J. Anguisciola. ANDREA DEL SARTO (1487–1531). This celebrated painter of the Florentine school was born in Gualfonda, Florence, in 1487, or perhaps 1486, his father Agnolo being a tailor (sarto): hence the nickname by which the son is constantly designated. There were four other children. The family, though of no distinction, can be traced back into the 14th century. Vannucchi has since 1677 been constantly given as the surname—according to some modern writers, without any authority. It has recently been said that the true name is Andrea d'Agnolo di Francesco di Luca di Paolo del Migliore. But this only gives, along with our painter’s Christian name, the Christian names of his antecessors for five generations, and is in no way his own surname. In 1494 Andrea was put to work under a goldsmith. This occupation he disliked. He took to drawing from his master’s models, and was soon transferred to a skilful woodcarver and inferior painter named Gian Barile, with whom he remained until 1498. Barile, though a coarse-grained man enough, would not stand in the way of the advancement of his promising pupil, so he recommended him to Piero di Cosimo as draughtsman and colourist. Piero retained Andrea for some years, allowing him to study from the famous cartoons of Leonardo da Vinci and Michelangelo. Finally Andrea agreed with his friend Franciabigio, who was somewhat his senior, that they would open a joint shop; at a date not precisely defined they took a lodging together in the Piazza del Grano. Their first work in partnership may probably have been the “Baptism of Christ,” for the Florentine Compagnia dello Scalzo, a performance of no great merit, the beginning of a series, all the extant items of which are in monochrome chiaroscuro. Soon afterwards the partnership was dissolved. From 1509 to 1514 the brotherhood of the Servites employed Andrea, as well as Franciabigio and Andrea Feltrini, the first-named undertaking in the portico of the Annunziata three frescoes illustrating the life of the Servite saint Filippo Benizzi (d. 1285). He executed them in a few months, being endowed by nature with remarkable readiness and certainty of hand and unhesitating firmness in his work, although in the general mould of his mind he was timid and diffident. The subjects are the saint sharing his cloak with a leper, cursing some gamblers, and restoring a girl possessed with a devil. The second and third works excel the first, and are impulsive and able performances. These paintings met with merited applause, and gained for their author the pre-eminent title “Andrea senza errori” (Andrew the unerring)—the correctness of the contours being particularly admired. After these subjects the painter proceeded with two others—the death of S. Filippo and the children cured by touching his garment,—all the five works being completed before the close of 1510. The youth of twenty-three was already in technique about the best fresco-painter of central Italy, barely rivalled by Raphael, who was the elder by four years. Michelangelo’s Sixtine frescoes were then only in a preliminary stage. Andrea always worked in the simplest, most typical and most trying method of fresco—that of painting the thing once and for all, without any subsequent dry-touching. He now received many commissions. The brotherhood of the Servites engaged him to do two more frescoes in the Annunziata at a higher price; he also painted, towards 1512, an Annunciation in the monastery of S. Gallo.

The “Tailor’s Andrew” appears to have been an easy-going plebeian, to whom a modest position in life and scanty gains were no grievances. As an artist he must have known his own

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 123STA T . 2 7 2 5PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (A)submitan a p p l i c ati o ntot heS ec r etar y, in such f orm an d manner, at such time, and containin g such information as the Secretary may re q uire and ‘‘( B ) demonstrate to the satisfaction of the Secretary that — ‘‘(i) the pro j ect is financially v iable; ‘‘(ii) the funds received w ill be spent efficiently and effectively; and ‘‘(iii) a mar k ete x ists for the services of the pro - posed project as evidenced by contracts or written statements of intent from potential customers . ‘‘( 3 ) NON - FED E RALSH ARE.—An applicant shall provide at least 20 percent of the project costs from non- F ederal sources. I n awarding grants under the program, the Secretary shall give a preference to those projects or components that present the most financially viable transportation services and require the lowest percentage Federal share of the costs. ’ ’. SEC.3516 .E XPAN S IO NO FTH E M A R INE V IE W S Y STEM. (a) D EF I NI T IONS.—In this section ( 1 ) M ARINE TRANS P ORTATION S Y STE M .— T he term ‘‘marine transportation system’’ means the navigable water transpor- tation system of the U nited States, including the vessels, ports (and intermodal connections thereto), and shipyards and other vessel repair facilities that are components of that system. (2) MARINE V IE W SYSTEM.—The term ‘‘Marine V iew system’’ means the information system of the Maritime Administration known as Marine View. (b) PU RPOSES.—The purposes of this section are— (1) to expand the Marine View system; and (2) to provide support for the strategic requirements of the marine transportation system and its contribution to the economic viability of the United States. (c) EX PANSION OF MARINE VIEW SYSTEM.—To accomplish the purposes of this section, the Secretary of Transportation shall expand the Marine View system so that such system is able to identify, collect, integrate, secure, protect, store, and securely dis- tribute throughout the marine transportation system information that— (1) provides access to many disparate marine transpor- tation system data sources; (2) enables a system-wide view of the marine transportation system; (3) fosters partnerships between the G overnment of the United States and private entities; ( 4 ) facilitates accurate and efficient modeling of the entire marine transportation system environment; ( 5 ) monitors and tracks threats to the marine transpor- tation system, including areas of severe weather or reported piracy; and ( 6 ) provides vessel tracking and rerouting, as appropriate, to ensure that the economic viability of the United States waterways is maintained. 49USC10 9 note.


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 123STA T . 2 7 2 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9DIV I S I ON D —FU NDIN GTABLE S SEC.40 0 1 . AUTHORIZ ATIO N O F A M OUNTS IN FUN D IN G TA BL ES. (a)AMOUNTSSPECIF IE D IN F UNDIN GTABL ESA R E AUT H ORI Z ED B YL A W.—Wher e v era fundi n gt a bl einthi sD ivisi o ns p e c ifies a dollar a m ount for a pro j ect , program, or activit y , the obligation and e x penditure of the specified dollar amount for the indicated project, program, or activity is hereby authori z edbyla w , subject to the availability of appropriations. (b) M ERIT - BASED DECISIONS.—Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the re q uire- ments of sections 2304 ( k )and23 7 4 of title 1 0, U nited States C ode, and other applicable provisions of law. (c) R ELATIONSHIP TO TRANSFER AND REPROGRAMMING AUTHORITY.—This section does not prevent an amount covered by this section from being transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in a funding table referred to in subsection (a) shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provi- sion of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) APPLICABILITY TO CLASSIFIED ANNE X .—This section applies to any classified annex that accompanies this Act. (e) O RAL AND WRITTEN COMMUNICATION.— N o oral or written communication concerning any amount specified in a funding table referred to in subsection (a) shall supersede the requirements of this section. TITLE X LI— PR O C URE M ENT SEC. 4101. P ROCUREMENT. PROCU R EM E NT(InThousa n d so fD o l la r s )LineIt e mFY201 0 Re qu e s t C o n f e r en c e Ag reement AIRCRAFT PROCUREMENT , ARMY AIRCRAFT FI X E DW IN G0 0 1JO I N T CARG O AIRCRA F T (JCA) . ..................................................... 00 2U TI L IT Y F /W AIRCRAFT ................................................................... 00 3MQ– 1UA V ............................................................................................ 4 01, 3 6 4 201,364 A v o i d for w ard fundin g of p rodu ct ion ............................................... [ –200,000 ] 004 RQ–11 (RAV E N) ................................................................................... 3 5 ,00 8 35,008 004A C–12A .................................................................................................... ROTARY WING 006 ARMED RECONNAI S SANCE H ELICO P TER .................................. 00 7 ADVANCE PROCUREMENT (CY) ................................................. 008 HELICOPTER, LIGHT UTILITY (LUH) ........................................... 326,040 326,040 00 9 AH–64 APACHE B LOC K III ............................................................... 161,280 161,280 010 ADVANCE PROCUREMENT (CY) ................................................. 57,890 57,890 011 UH–60 BLACKHAWK (MYP) ............................................................. 1,258,374 1,258,374 012 ADVANCE PROCUREMENT (CY) ................................................. 98,740 98,740 013 CH–47 HELICOPTER .......................................................................... 860,087 882,087 Transf e r Fro m APA 22 ..................................................................... [22,000]


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 123STA T . 2 7 27 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9PROCU R EM E NT(InThousa n d so fD o l la r s )LineIt e mFY201 0 Re qu e s t C o n f e r en c e Ag reement 014A D V A NCEPRO C U RE M ENT (C Y ) . ................................................ 5 0 ,67 6 50,676 015 H E L ICOPTER NE W TRAININ G ........................................................ 1 9 ,6 3 9 0 Pro g ra m No tJ ust i fi e d ...................................................................... [– 19,639 ] MO D IFICATION OF AIRCRAFT 016 M Q –1 PAYLOAD — UA S ...................................................................... 8 7,4 2 4 87,424 017 MQ–1 WEAPONI Z ATION—UAS ........................................................ 14,832 14,832 018 GUARDRAIL MODS (MIP) ................................................................. 61,517 61,517 019 MULTI SENSOR A B N RECON (MIP) ............................................... 21,457 21,457 020 AH–64 MODS ....................................................................................... 426,415 427,415 Air F iltration S y stems ...................................................................... [1,000] 021 ADVANCE PROCUREMENT (CY) ................................................. 022 CH–47 CARGO HELICOPTER MODS (MYP) ................................... 102,876 85,876 Common A v ioni c s Architecture System .......................................... [2,000] Vi b ration Management Enhancement Program ............................. [3,000] Transfer to APA 13 ........................................................................... [–22,000] 023 ADVANCE PROCUREMENT (CY) ................................................. 024 UTILITY / CARGO AIRPLANE MODS ................................................ 39,547 39,547 025 AIRCRAFT LONG RANGE MODS ..................................................... 823 823 026 UTILITY HELICOPTER MODS ......................................................... 66,682 71,682 UH–60 ARNG Re w iring Program .................................................... [5,000] 027 K IOWA WARRIOR ............................................................................... 140,768 140,768 028 AIRBORNE AVIONICS ....................................................................... 241,287 241,287 029 GATM ROLLUP ................................................................................... 103,142 103,142 030 RQ–7 UAV MODS ................................................................................ 283,012 283,012 030A C–12A .................................................................................................... S PARES AND REPAIR PARTS 031 SPARE PARTS (AIR) ........................................................................... 7,083 7,083 SUPPORT E Q UIPMENT AND FACILITIES G ROUND SUPPORT A V IONICS 032 AIRCRAFT SURVIVABILITY EQUIPMENT .................................... 25,975 25,975 033 ASE INFRARED CM ........................................................................... 186,356 186,356 OT H ER SUPPORT 034 AVIONICS SUPPORT EQUIPMENT ................................................. 4,933 4,933 035 COMMON GROUND EQUIPMENT ................................................... 87,682 87,682 036 AIRCREW INTEGRATED SYSTEMS ................................................ 52,725 55,725 Air warrior ensemble—generation III ............................................. [3,000] 037 AIR TRAFFIC CONTROL ................................................................... 76,999 76,999 038 INDUSTRIAL FACILITIES ................................................................. 1,533 1,533 039 LAUNCHER, 2.75 ROCKET ............................................................... 2,716 2,716 040 AIRBORNE COMMUNICATIONS ..................................................... 11,109 11,109 TOTAL — AIRCRAFT PROCUREMENT , ARMY .......................... 5, 3 15, 9 91 5,110,352 MISSILE PROCUREMENT, ARMY OTHER MISSILES SURFACE - TO-AIR MISSILE SYSTEM 001 PATRIOT SYSTEM SUMMARY ......................................................... 348,351 348,351 002 PATRIOT/MEADS CAP SYSTEM SUMMARY .................................. 16,406 16,406 003 SURFACE - LAUNCHED AMRAAM SYSTEM SUMMARY ............. 72,920 72,920 004 ADVANCE PROCUREMENT (CY) ................................................. AIR-TO-SURFACE MISSILE SYSTEM 005 HELLFIRE SYS SUMMARY ............................................................... 31,154 29,154 Un j ustified cost growth .................................................................... [–2,000] ANTI-TAN K/ ASSAULT MISSILE SYSTEM 006 JAVELIN (AAWS-M) SYSTEM SUMMARY ...................................... 148,649 148,649 007 TOW 2 SYSTEM SUMMARY .............................................................. 108,066 108,066 008 GUIDED MLRS ROCKET (GMLRS) .................................................. 293,617 293,617 009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ............ 15,663 15,663 010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ....... 209,061 209,061 011 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ...................... MODIFICATIONS 012 PATRIOT MODS .................................................................................. 44,775 44,775 013 ITAS/TOW MODS ................................................................................ 6,983 6,983 014 MLRS MODS ........................................................................................ 3,662 3,662 015 HIMARS MODIFICATIONS ............................................................... 38,690 38,690 016 HELLFIRE MODIFICATIONS ........................................................... 10 10 SPARES AND REPAIR PARTS


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 123STA T . 2 7 2 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9PROCU R EM E NT(InThousa n d so fD o l la r s )LineIt e mFY201 0 Re qu e s t C o n f e r en c e Ag reement 017SPARE SA N D REPAIR PARTS . ......................................................... 2 2 ,3 3 8 22,338 S UPPORT E Q UIPMENT AN D FACILITIES 018 AIR DE F ENSE TAR G ETS .................................................................. 4 ,188 4,188 01 9 ITE M S L ESS T H AN $5 .0M (MISSILES) ........................................... 1,178 1,178 020 PR O D UC TION B ASE SUPPORT ....................................................... 4,398 4,398 TOTAL — MISSILE PROCUREMENT , ARMY .............................. 1, 37 0,10 9 1,3 68 ,109 PROCUREMENT OF W EAPONS & TRAC K ED COM B AT V E -H ICLES TRACKED COMBAT VEHICLES 001 BRADLE Y PROGRAM ......................................................................... 002 BRADLEY TRAINING DE V ICES (MOD) .......................................... 003 ABRAMS TAN K TRAINING DEVICES ............................................. 004 STRYKER VEHICLE ........................................................................... 388,59 6 364,196 Pro g ra m R e du cti on ........................................................................... [– 24,400 ] 005 FUTURE COMBAT SYSTEMS (FCS) ............................................... 006 ADVANCE PROCUREMENT (CY) ................................................. 007 FCS SPIN OUTS .................................................................................. 285,920 285,920 008 ADVANCE PROCUREMENT (CY) ................................................. 42,001 42,001 MODIFICATION OF TRACKED COMBAT VEHICLES 009 FIST VEHICLE (MOD) ........................................................................ 34,192 34,192 010 BRADLEY PROGRAM (MOD) ............................................................ 526,356 526,356 011 HO W IT Z ER, MED SP FT 155MM M109A6 (MOD) .......................... 96,503 5,003 Arm y re q uested transfer to RDT & E, A, line 114 ........................... [–91,500] 012 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ............ 96,814 96,814 013 ARMORED BREACHER VEHICLE ................................................... 63,250 63,250 014 J OINT ASSAULT BRIDGE ................................................................. 70,637 70,637 015 M1 ABRAMS TANK (MOD) ................................................................ 183,829 183,829 016 ABRAMS UPGRADE PROGRAM ....................................................... 185,611 185,611 SUPPORT EQUIPMENT & FACILITIES 017 ITEMS LESS THAN $5.0M (TCV - WTCV) ......................................... 018 PRODUCTION BASE SUPPORT (TCV-WTCV) ................................ 6,601 6,601 WEAPONS AND OTHER COMBAT VEHICLES 019 HOWITZER, LIGHT, TOWED, 105MM, M119 .................................. 95,631 95,631 020 M240 MEDIUM MACHINE GUN (7.62MM) ..................................... 32,919 32,919 021 MACHINE GUN, CAL .50 M2 ROLL ................................................. 84,588 84,588 022 LIGHTWEIGHT .50 CALIBER MACHINE GUN .............................. 977 977 023 M249 SAW MACHINE GUN (5.56MM) ............................................. 7,535 7,535 024 MK–19 GRENADE MACHINE GUN (40MM) ................................... 7,700 7,700 025 MORTAR SYSTEMS ............................................................................ 14,779 14,779 026 M107, CAL. 50, SNIPER RIFLE ......................................................... 224 224 027 X M320 GRENADE LAUNCHER MODULE (GLM) .......................... 16,023 16,023 028 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ..................... 6,223 6,223 029 M4 CARBINE ....................................................................................... 20,500 20,500 030 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ................ 6,945 6,945 031 COMMON REMOTELY OPERATED WEAPONS STATION (CRO 100,000 Program Increase .............................................................................. [100,000] 032 HANDGUN ........................................................................................... 3,389 3,389 033 HOWITZER LT WT 155MM (T) .......................................................... 49,572 49,572 MOD OF WEAPONS AND OTHER COMBAT VEH 034 MK–19 GRENADE MACHINE GUN MODS ..................................... 8,164 8,164 035 M4 CARBINE MODS ........................................................................... 31,472 31,472 036 M2 50 CAL MACHINE GUN MODS .................................................. 7,738 7,738 037 M249 SAW MACHINE GUN MODS .................................................. 7,833 7,833 038 M240 MEDIUM MACHINE GUN MODS .......................................... 17,964 17,964 039 PHALANX MODS ................................................................................ 040 M119 MODIFICATIONS ..................................................................... 25,306 25,306 041 M16 RIFLE MODS ............................................................................... 4,186 4,186 041A M14 7.62 RIFLE MODS ....................................................................... 042 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) .................. 6,164 6,164 SUPPORT EQUIPMENT & FACILITIES 043 ITEMS LESS THAN $5.0M (WOCV-WTCV) ..................................... 551 551 044 PRODUCTION BASE SUPPORT (WOCV-WTCV) ............................ 9,855 12,855 Arsenal Su p port Program Initiati v e (ASPI) at Roc k Island .......... [3,000] 045 INDUSTRIAL PREPAREDNESS ........................................................ 392 392 046 SMALL ARMS E Q UIPMENT (SOLDIER ENH PROG) ................... 5,012 5,012