115 
(c) There is authorized to be appropriated to the Na-
tional 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 commit-
tees’’ 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 pro-
posed to be acquired for the National Oceanic and At-
mospheric Administration, other than the National 
Polar-orbiting Operational Environmental Satellite 
System (NPOESS);
116 
(4) the term ‘‘development’’ means the phase of 
a program following the formulation phase and begin-
ning 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 serv-
ant costs, and other related expenses incurred or esti-
mated to be incurred in the design, development, 
verification, production, operation, maintenance, sup-
port, and retirement of a program over its planned 
lifespan, without regard to funding source or manage-
ment control;
117 
(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 devel-
opment 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; 
(C) the program complies with all relevant poli-
cies, regulations, and directives of NOAA and the De-
partment of Commerce; 
(D) the program has demonstrated a high likeli-
hood of accomplishing its intended goals; and 
(E) the acquisition of satellites for use in the 
program represents a good value to accomplishing 
NOAA’s mission. 
(2) The Under Secretary shall transmit a report de-
scribing the basis for the determination required under
118 
paragraph (1) to the appropriate congressional committees 
at least 30 days before entering into a contract for develop-
ment under a major program. 
(3) The Under Secretary may not delegate the deter-
mination requirement under this subsection, except in cases 
in which the Under Secretary has a conflict of interest. 
(c)(1) Annually, at the same time as the President’s 
annual budget submission to the Congress, the Under Sec-
retary shall transmit to the appropriate congressional com-
mittees a report that includes the information required by 
this section for the satellite development program for which 
NOAA proposes to expend funds in the subsequent fiscal 
year. The report under this paragraph shall be known as 
the Major Program Annual Report. 
(2) The first Major Program Annual Report for 
NOAA’s satellite development program shall include a Base-
line Report that shall, at a minimum, include— 
(A) the purposes of the program and key tech-
nical characteristics necessary to fulfill those pur-
poses; 
(B) an estimate of the life-cycle cost for the pro-
gram, with a detailed breakout of the development 
cost, program reserves, and an estimate of the annual 
costs until development is completed;
119 
(C) the schedule for development, including key 
program milestones; 
(D) the plan for mitigating technical, cost, and 
schedule risks identified in accordance with subsection 
(b)(1)(A); and 
(E) the name of the person responsible for mak-
ing notifications under subsection (d), who shall be 
an individual whose primary responsibility is over-
seeing the program. 
(3) For the major program for which a Baseline Re-
port has been submitted, subsequent Major Program Annual 
Reports shall describe any changes to the information that 
had been provided in the Baseline Report, and the reasons 
for those changes. 
(d)(1) The individual identified under subsection 
(c)(2)(E) shall immediately notify the Under Secretary any 
time that individual has reasonable cause to believe that, 
for the major program for which he or she is responsible 
the development cost of the program has exceeded the esti-
mate provided in the Baseline Report of the program by 
20 percent or more. 
(2) Not later than 30 days after the notification re-
quired under paragraph (1), the individual identified 
under subsection (c)(2)(E) shall transmit to the Under Sec-
retary a written notification explaining the reasons for the
120 
change in the cost of the program for which notification 
was provided under paragraph (1). 
(3) Not later than 15 days after the Under Secretary 
receives a written notification under paragraph (2), the 
Under Secretary shall transmit the notification to the ap-
propriate congressional committees. 
(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 pro-
posed to be taken in response to the cost increase; 
and 
(C) a description of any impacts the cost 
increase, or the actions described under subpara-
graph (B), will have on any other program with-
in NOAA.