Page:United States Statutes at Large Volume 123.djvu/2728

 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—