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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40121]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40121. Air traffic control modernization reviews

    (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.

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

                       References in Text

    The date of the enactment of the Air Traffic Management System 
Performance Improvement Act of 1996, referred to in subsec. (a), is the 
date of enactment of Pub. L. 104-264, which was approved Oct. 9, 1996.

                          Codification

    Another section 40121 was renumbered section 40124 of this title.


                               Amendments

    2000--Subsec. (c)(2). Pub. L. 106-181 substituted ``section 
40110(d)(2) of this title'' for ``section 348(b) of Public Law 104-50''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-181 applicable only to fiscal years 
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set 
out as a note under section 106 of this title.


                             Effective Date

    Section effective on date that is 30 days after Oct. 9, 1996, see 
section 203 of Pub. L. 104-264, set out as an Effective Date of 1996 
Amendment note under section 106 of this title.
    Except as otherwise specifically provided, section applicable only 
to fiscal years beginning after Sept. 30, 1996, and not to be construed 
as affecting funds made available for a fiscal year ending before Oct. 
1, 1996, see section 3 of Pub. L. 104-264, set out as an Effective Date 
of 1996 Amendment note under section 106 of this title.