§40121 Air Traffic Control Modernization Reviews

Summary

The FAA Administrator must stop any acquisition program started after the Air Traffic Management System Performance Improvement Act of 1996 became law and paid from the Facilities and Equipment account if the program is more than 50% over its cost goal, achieves less than 50% of its performance goals, or is more than 50% behind its schedule goal. The Administrator must also consider stopping programs that are more than 10% over cost, meet less than 90% of performance goals, or are more than 10% behind schedule. If stopping a program would hurt the safe and efficient operation of the national air transportation system, the Administrator may keep it. When working with the Department of Defense to improve or replenish the national air traffic control system, the DoD gets the same acquisition-law exemptions the Administrator may waive under section 40110(d)(2). The FAA can buy land, goods, and services through the DoD or other agencies but must follow the rules that apply to those purchases. If the Administrator keeps a program that would otherwise be stopped, they must send the decision and the reasons to the Senate and House Appropriations Committees, the Senate Committee on Commerce, Science, and Transportation, and the House Committee on Transportation and Infrastructure.