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

Page 1094 TITLE 49—TRANSPORTATION § 40120 (4) LAW ENFORCEMENT DISCLOSURE.—Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Ad- ministration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (b) TRANSFERS OF DUTIES AND POWERS PROHIB- ITED.—Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government. (Added Pub. L. 118–63, title II, § 223(a), May 16, 2024, 138 Stat. 1060.) Editorial Notes PRIOR PROVISIONS A prior section 40119, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, § 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title XVI, § 1601(a), Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title V, § 561(c)(2), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 112–95, title VIII, § 801, Feb. 14, 2012, 126 Stat. 118, related to re- search and development activities to protect pas- sengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security and regulations prohibiting disclosure of information obtained or developed in ensuring security under this title, prior to repeal by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 118–63, title II, § 223(b), May 16, 2024, 138 Stat. 1061, provided that: ‘‘The amendments made by this section [enacting this section] shall be effective as of October 5, 2018, and all authority restored to the Sec- retary [of Transportation] and the FAA [Federal Avia- tion Administration] under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Prior Provisions note above].’’ § 40120. Relationship to other laws (a) NONAPPLICATION.—Except as provided in the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and ship- ping laws of the United States and the rules for the prevention of collisions do not apply to air- craft or to the navigation of vessels related to those aircraft. (b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—The President may extend (in the way and for periods the President considers nec- essary) the application of this part to outside the United States when— (1) an international arrangement gives the United States Government authority to make the extension; and (2) the President decides the extension is in the national interest. (c) ADDITIONAL REMEDIES.—A remedy under this part is in addition to any other remedies provided by law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40120(a) ...... 49 App.:1509(a). Aug. 23, 1958, Pub. L. 85–726, §§ 1106, 1109(a), 1110, 72 Stat. 798, 799, 800. 40120(b) ...... 49 App.:1510. 40120(c) ...... 49 App.:1506. In subsection (a), the words ‘‘International Naviga- tional Rules Act of 1977 (33 U.S.C. 1601 et seq.)’’ are sub- stituted for ‘‘sections 143 to 147d of title 33’’ because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. The words ‘‘including any definition of ‘vessel’ or ‘vehicle’ found therein’’ and ‘‘be construed to’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘to the extent’’, ‘‘of time’’, and ‘‘any areas of land or water’’ are omitted as surplus. The words ‘‘and the overlying airspace thereof’’ are omitted as being included in ‘‘outside the United States’’. In clause (1), the words ‘‘treaty, agreement or other lawful’’ and ‘‘necessary legal’’ are omitted as surplus. Subsection (c) is substituted for 49 App.:1506 to elimi- nate unnecessary words and for clarity and consistency in the revised title and with other titles of the United States Code. Editorial Notes REFERENCES IN TEXT The International Navigational Rules Act of 1977, re- ferred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§ 1601 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables. Executive Documents EX. ORD. NO. 10854. EXTENSION OF APPLICATION Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided: The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. § 1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Sec- retary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is here- by extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transpor- tation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting na- tional-defense interests, and shall not take any action which the Secretary of State determines to be in con- flict with any international treaty or agreement to which the United States is a party, or to be incon- sistent with the successful conduct of the foreign rela- tions of the United States, or which the Secretary of Defense determines to be inconsistent with the require- ments of national defense. § 40121. Air traffic control modernization reviews (a) REQUIRED TERMINATIONS OF ACQUISITIONS.— The Administrator of the Federal Aviation Ad- Page 1095 TITLE 49—TRANSPORTATION § 40122 ministration shall terminate any acquisition program initiated after the date of the enact- ment of the Air Traffic Management System Performance Improvement Act of 1996 and fund- ed 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 pro- gram; 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 pro- gram; 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.—Notwith- standing subsection (a), the Administrator may continue an acquisitions program re- quired to be terminated under subsection (a) if the Administrator determines that termi- nation would be inconsistent with the develop- ment or operation of the national air trans- portation system in a safe and efficient man- ner. (2) DEPARTMENT OF DEFENSE.—The Depart- ment of Defense shall have the same exemp- tions from acquisition laws as are waived by the Administrator under section 40110(d)(2) of this title when engaged in joint actions to im- prove or replenish the national air traffic con- trol 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 Ad- ministrator shall transmit a copy of the deter- mination, together with a statement of the basis for the determination, to the Commit- tees 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 Representa- tives. (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.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Air Traffic Manage- ment 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 ‘‘sec- tion 40110(d)(2) of this title’’ for ‘‘section 348(b) of Pub- lic Law 104–50’’. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal 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. Statutory Notes and Related Subsidiaries 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 Ef- fective Date of 1996 Amendment note under section 106 of this title. Except as otherwise specifically provided, section ap- plicable 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. § 40122. Federal Aviation Administration per- sonnel management system (a) IN GENERAL.— (1) CONSULTATION AND NEGOTIATION.—In de- veloping and making changes to the personnel management system initially implemented by the Administrator of the Federal Aviation Ad- ministration on April 1, 1996, the Adminis- trator shall negotiate with the exclusive bar- gaining representatives of employees of the Administration certified under section 7111 of title 5 and consult with other employees of the Administration. (2) DISPUTE RESOLUTION.— (A) MEDIATION.—If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining rep- resentative of the employees, the Adminis- trator and the bargaining representative— (i) shall use the services of the Federal Mediation and Conciliation Service to at- tempt to reach such agreement in accord- ance with part 1425 of title 29, Code of Fed- eral Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or (ii) may by mutual agreement adopt al- ternative procedures for the resolution of disputes or impasses arising in the nego- tiation of the collective-bargaining agree- ment. (B) MID-TERM BARGAINING.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in con- troversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall as- sist the parties in resolving the impasse in accordance with section 7119 of title 5. (C) BINDING ARBITRATION FOR TERM BAR- GAINING.—