114 STAT. 124 PUBLIC LAW 106-181—APR. 5, 2000 (3) in subclause (I)— (A) by inserting "substantial and" before "material"; and (B) by inserting "or" after the semicolon at the end; and (4) by striking subclauses (II), (III), and (IV) and inserting the following: "(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.". SEC. 306. FAILURE TO MEET RULEMAKING DEADLINE. Section 106(f)(3)(A) is amended by adding at the end the following: "On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.". 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' pref- erence; "(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
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