Page:United States Statutes at Large Volume 121.djvu/1915

 121 STAT. 1894

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Reports. Deadlines. 33 USC 878a.

VerDate Aug 31 2005

07:12 Jan 26, 2009

PUBLIC LAW 110–161—DEC. 26, 2007

(c) There is authorized to be appropriated to the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, $6,697,500 for fiscal year 2008. (d) Nothing in this section is intended to enlarge or diminish Federal or State title, jurisdiction, or authority with respect to the waters of the Northwestern Hawaiian Islands or the tidal or submerged lands under any provision of State or Federal law. SEC. 112. (a) For purposes of this section— (1) the term ‘‘Under Secretary’’ means Under Secretary of Commerce for Oceans and Atmosphere; (2) the term ‘‘appropriate congressional committees’’ means— (A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives; (3) the term ‘‘satellite’’ means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration, other than the National Polar-orbiting Operational Environmental Satellite System (NPOESS); (4) the term ‘‘development’’ means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216–108, Department of Commerce Administrative Order 208–3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005; (5) the term ‘‘development cost’’ means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program; (6) the term ‘‘life-cycle cost’’ means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control; (7) the term ‘‘major program’’ means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; (8) the term ‘‘baseline’’ means the program as set following contract award and critical design review of the space and ground systems. (b)(1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that— (A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; (B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;

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