PUBLIC LAW 109–155—DEC. 30, 2005
119 STAT. 2909
(C) a description of any impacts the cost increase or schedule delay, or the actions described under subparagraph (B), will have on any other program within NASA; and (2) if the Administrator 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. NASA shall complete an analysis initiated under paragraph (2) not later than 6 months after the Administrator makes a determination under this subsection. The Administrator shall transmit the analysis to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after its completion. (e) THIRTY PERCENT THRESHOLD.—If the Administrator determines under subsection (d) that the development cost of a program will exceed the estimate provided in the Baseline Report of the program by more than 30 percent, then, beginning 18 months after the date the Administrator transmits a report under subsection (d)(1), the Administrator shall not expend any additional funds on the program, other than termination costs, unless the Congress has subsequently authorized continuation of the program by law. An appropriation for the specific program enacted subsequent to a report being transmitted shall be considered an authorization for purposes of this subsection. If the program is continued, the Administrator shall submit a new Baseline Report for the program no later than 90 days after the date of enactment of the Act under which Congress has authorized continuation of the program. (f) DEFINITIONS.—For the purposes of this section— (1) 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 NASA’s Procedural Requirements 7120.5c, dated March 22, 2005; (2) 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; (3) 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; and
VerDate 14-DEC-2004
07:21 Oct 30, 2006
Jkt 039194
PO 00003
Frm 00377
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.119
Effective date.
Reports. Deadline.
APPS06
PsN: PUBL003
�
