Page:United States Statutes at Large Volume 121.djvu/1917

 121 STAT. 1896

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16 USC 1861 note.

VerDate Aug 31 2005

07:12 Jan 26, 2009

PUBLIC LAW 110–161—DEC. 26, 2007

(e) Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall— (1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes— (A) a description of the increase in cost and a detailed explanation for the increase; (B) a description of actions taken or proposed to be taken in response to the cost increase; and (C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA. (2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum— (A) the projected cost and schedule for completing the program if current requirements of the program are not modified; (B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); and (C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program. NOAA shall complete an analysis initiated under paragraph (2) not later than 6 months after the Under Secretary makes a determination under this subsection. The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion. (f) For the purposes of determining whether cost of the Geostationary Operational Environmental Satellite Program exceeds 20 percent more than the baseline under this section, the estimate of the total life-cycle cost for GOES–R shall be the estimate provided with the NOAA Fiscal Year 2008 Presidential Budget justification (page 513). SEC. 113. (a) The Secretary of Commerce may— (1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization, whether or not the United States is a party to the agreement establishing such organization; and (2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management and trade agreements. (b) Action taken by the Secretary under subsection (a)(2) that include measures to restrict use of or access to ports or port services shall apply to all ports of the United States and its territories. (c) The Secretary may promulgate regulations to implement this section.

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