PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 1895
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(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce; (D) the program has demonstrated a high likelihood 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 describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program. (3) The Under Secretary may not delegate the determination 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 Secretary shall transmit to the appropriate congressional committees 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 Baseline Report that shall, at a minimum, include— (A) the purposes of the program and key technical characteristics necessary to fulfill those purposes; (B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed; (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 making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program. (3) For the major program for which a Baseline Report 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 estimate provided in the Baseline Report of the program by 20 percent or more. (2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the 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 appropriate congressional committees.
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