49 U.S.C. § 40121 — Air traffic control modernization reviews

submitted 30 years ago by Pub. L. 104-264 to r/title-49-TRANSPORTATION · 363 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FAA must cancel funded programs over 50 percent behind on cost, schedule, or performance. It must consider canceling other programs over 10 percent behind on those measures. The Administrator can keep a program anyway for safety reasons, but must report that to Congress.

(a) Required Terminations of Acquisitions. The FAA Administrator must cancel any acquisition program started after the Air Traffic Management System Performance Improvement Act of 1996 and funded under the Facilities and Equipment account, if it is (1) more than 50 percent over its cost goal, (2) meeting less than 50 percent of its performance goals, or (3) more than 50 percent behind its schedule goal. (b) Authorized Termination of Acquisition Programs. The Administrator must consider canceling any substantial acquisition program that is (1) more than 10 percent over its cost goal, (2) meeting less than 90 percent of its performance goals, or (3) more than 10 percent behind its schedule goal. (c) Exceptions and Report. (1) Even if subsection (a) requires termination, the Administrator can keep the program going if ending it would hurt safe or efficient development or operation of the national air transportation system. (2) The Defense Department gets the same exemptions from acquisition law that the Administrator has waived under section 40110(d)(2) when working jointly to improve or restock the air traffic control system; the FAA can acquire real property, goods, and services through Defense or other agencies, but stays bound by whatever acquisition laws and regulations apply there. (3) If the Administrator decides to keep a program running under paragraph (1), the Administrator must send that decision and the reasons for it to the Senate and House Appropriations Committees, the Senate Commerce Committee, and the House Transportation Committee.

the actual law source: uscode.house.gov ↗public domain

(a)Required Terminations of Acquisitions.—

The Administrator of the Federal Aviation Administration shall terminate any acquisition program initiated after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and funded under the Facilities and Equipment account that—

(1)

is more than 50 percent over the cost goal established for the program;

(2)

fails to achieve at least 50 percent of the performance goals established for the program; or

(3)

is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.

(b)Authorized Termination of Acquisition Programs.—

The Administrator shall consider terminating, under the authority of subsection (a), any substantial acquisition program that—

(1)

is more than 10 percent over the cost goal established for the program;

(2)

fails to achieve at least 90 percent of the performance goals established for the program; or

(3)

is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.

(c)Exceptions and Report.—

(1)Continuance of program, etc.—

Notwithstanding subsection (a), the Administrator may continue an acquisitions program required to be terminated under subsection (a) if the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation system in a safe and efficient manner.

(2)Department of defense.—

The Department of Defense shall have the same exemptions from acquisition laws as are waived by the Administrator under section 40110(d)(2) of this title when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may acquire real property, goods, and services through the Department of Defense, or other appropriate agencies, but is bound by the acquisition laws and regulations governing those cases.

(3)Report.—

If the Administrator makes a determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a statement of the basis for the determination, to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

Source credit: (Added Pub. L. 104–264, title II, § 252, Oct. 9, 1996, 110 Stat. 3236; amended Pub. L. 106–181, title III, § 307(c)(2), Apr. 5, 2000, 114 Stat. 126.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-264 · 110 Stat. 3236
2000Amended · Pub. L. 106-181 · 114 Stat. 126

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-264 on 1996-10-09.

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