FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS.

SEC. 307. FAA PERSONNEL AND ACQUISITION MANAGEMENT SYSTEMS. (a) Personnel management system.—Section 40122 is amended by adding at the end the following: “(g) Personnel Management System.— “(1) In general.—In consultation with the employees of the Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel laws, the Administrator shall develop and implement, not later than January 1, 1996, a personnel management system for the Administration that addresses the unique demands on the agency’s workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel. “(2) Applicability of title 5.—The provisions of title 5 shall not apply to the new personnel management system developed and implemented pursuant to paragraph (1), with the exception of— “(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5; “(B) sections 3308-3320, relating to veterans’ preference; “(C) chapter 71, relating to labor-management relations; “(D) section 7204, relating to antidiscrimination; “(E) chapter 73, relating to suitability, security, and conduct; “(F) chapter 81, relating to compensation for work injury; “(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage; and “(H) sections 1204, 1211-1218, 1221, and 7701-7703, relating to the Merit Systems Protection Board. “(3) Appeals to merit systems protection board.—Under the new personnel management system developed and 114 STAT. 125 implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31,1996. “(4) Effective date.—This subsection shall take effect on April 1,1996.”. (b) Acquisition Management System.—Section 40110 is amended by adding at the end the following: “(d) Acquisition Management System.— “(1) In general.—In consultation with such non-governmental experts in acquisition management systems as the Administrator may employ, and notwithstanding provisions of Federal acquisition law, the Administrator shall develop and implement, not later than January 1, 1996, an acquisition management system for the Administration that addresses the unique needs of the agency and, at a minimum, provides for more timely and cost-effective acquisitions of equipment and materials. “(2) Applicability of federal acquisition law.—The following provisions of Federal acquisition law shall not apply to the new acquisition management system developed and implemented pursuant to paragraph (1): “(A) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266). “(B) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). “(C) The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355). “(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. “(E) The Competition in Contracting Act. “(F) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. “(G) The Brooks Automatic Data Processing Act (40 U.S.C. 759). “(H) The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (G) providing authority to promulgate regulations in the Federal Acquisition Regulation. “(3) Certain provisions of the office of federal procurement policy act.—Notwithstanding paragraph (2)(B), section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) shall apply to the new acquisition management system developed and implemented under paragraph (1) with the following modifications: “(A) Subsections (f) and (g) shall not apply. “(B) Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act. 114 STAT. 126 “(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under the Office of Federal Procurement Policy Act apply to the acquisition management system. “(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act in accordance with the procedures contained in the Administration’s personnel management system. “(4) Effective date.—This subsection shall take effect on April 1, 1996.”. (c) Conforming Amendments.— (1) Section 106.—Section 106(l)(1) is amended by striking “section 40122(a) of this title and section 347 of Public Law 104–50” and inserting “subsections (a) and (g) of section 40122”. (2) Section 40121.—Section 40121(c)(2) is amended by striking “section 348(b) of Public Law 104–50” and inserting “section 40110(d)(2) of this title”. (3) Federal aviation reauthorization act of 1996.—Section 274(b)(6)(A)(ii)(II) of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 40101 note) is amended by striking “sections 347 and 348 of Public Law 104–50” and inserting “sections 40110(d) and 40122(g) of title 49, United States Code”. (d) Repeal.—Sections 347 and 348 of Public Law 104–50 (109 Stat. 460–461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed.