Page:United States Statutes at Large Volume 114 Part 1.djvu/162

 114 STAT. 126 PUBLIC LAW 106-181—APR. 5, 2000 "(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.—T h is subsection shall take effect on April 1, 1996. ". (c) CONFORMING AMENDMENTS. — (1) SECTION loe.—Section 106(1)(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REPEAL.— Sections 347 and 348 of Public Law 104-50 (109 Stat. 460-461; 49 U.S.C. 106 note; 49 U.S.C. 40110 note) are repealed. SEC. 308. RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS. (a) MEDIATION.— Section 40122(a)(2) is amended by adding at the end the following: "The 60-day period shall not include any period during which Congress has adjourned sine die.". (b) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.—Section 40122 (as amended by section 307(a) of this Act) is further amended by adding at the end the following: "(h) RIGHT TO CONTEST ADVERSE PERSONNEL ACTIONS.— An employee of the Federal Aviation Administration who is the subject of a major adverse personnel action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining unit or through the Administration's internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair Treatment, or under section 40122(g)(3). "(i) ELECTION OF FORUM.— Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal Aviation Administration's internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise allowed by law. "(j) DEFINITION.— In this section, the term 'major adverse personnel action' means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.".

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