110 STAT. 3236 PUBLIC LAW 104-264—OCT. 9, 1996 "(D) DETAIL OF PERSONNEL FROM THE ADMINISTRA- TION.— The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out its responsibilities under this subsection.". Subtitle B—Federal Aviation Administration Streamlining Programs 49 USC 40110 SEC. 251. REVIEW OF ACQUISITION MANAGEMENT SYSTEM. Not later than April 1, 1999, the Administrator shall employ outside experts to provide an independent evaluation of the effectiveness of the Administration's acquisition management sys- Reports. tem within 3 months after such date. The Administrator shall transmit a copy of the evaluation to the Committee on Commerce, Science, and TYansportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 252. Am TRAFFIC CONTROL MODERNIZATION REVIEWS. Chapter 401 is amended by adding at the end the following: § 40121. Air traffic control modernization reviews "(a) REQUIRED TERMINATIONS OF ACQUISITIONS. —The Administrator of the Federgd 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 tha1>- "(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 348(b) of Public
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