§ 2012. — Education personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2012]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2012. Indian education personnel
(a) In general
Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5,
relating to classification, pay and leave, respectively, and the
sections of such title relating to the appointment, promotion, hours of
work, and removal of civil service employees, shall not apply to
educators or to education positions (as defined in subsection (p) of
this section).
(b) Regulations
Not later than 60 days after January 8, 2002, the Secretary shall
prescribe regulations to carry out this section. Such regulations shall
provide for--
(1) the establishment of education positions;
(2) the establishment of qualifications for educators and
education personnel;
(3) the fixing of basic compensation for educators and education
positions;
(4) the appointment of educators;
(5) the discharge of educators;
(6) the entitlement of educators to compensation;
(7) the payment of compensation to educators;
(8) the conditions of employment of educators;
(9) the leave system for educators;
(10) the annual leave and sick leave for educators;
(11) the length of the school year applicable to education
positions described in subsection (a) of this section; and
(12) such additional matters as may be appropriate.
(c) Qualifications of educators
(1) Requirements
In prescribing regulations to govern the qualifications of
educators, the Secretary shall require that--
(A) lists of qualified and interviewed applicants for
education positions be maintained in each agency and area office
of the Bureau from among individuals who have applied at the
agency or area level for an education position or who have
applied at the national level and have indicated in such
application an interest in working in certain areas or agencies;
(B) a local school board shall have the authority to waive
on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to subsection
(b)(2) of this section, in order for a tribal member to be hired
in an education position to teach courses on tribal culture and
language and that subject to subsection (e)(2) of this section,
a determination by a school board that such a person be hired
shall be instituted by the supervisor of the school involved;
and
(C) that \1\ it shall not be a prerequisite to the
employment of an individual in an education position at the
local level that--
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\1\ So in original. The word ``that'' probably should not appear.
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(i) such individual's name appear on a list maintained
pursuant to subparagraph (A); or
(ii) such individual have applied at the national level
for an education position.
(2) Exception for certain temporary employment
The Secretary may authorize the temporary employment in an
education position of an individual who has not met the
certification standards established pursuant to regulations if the
Secretary determines that failure to do so would result in that
position remaining vacant.
(d) Hiring of educators
(1) Requirements
In prescribing regulations to govern the appointment of
educators, the Secretary shall require--
(A)(i)(I) that educators employed in a Bureau school (other
than the supervisor of the school) shall be hired by the
supervisor of the school; and
(II) in a case in which there are no qualified applicants
available to fill a vacancy at a Bureau school, the supervisor
may consult a list maintained pursuant to subsection (c)(1)(A)
of this section;
(ii) each supervisor of a Bureau school shall be hired by
the education line officer of the agency office of the Bureau
for the jurisdiction in which the school is located;
(iii) each educator employed in an agency office of the
Bureau shall be hired by the superintendent for education of the
agency office; and
(iv) each education line officer and educator employed in
the office of the Director of the Office shall be hired by the
Director;
(B)(i) before an individual is employed in an education
position in a Bureau school by the supervisor of the school (or,
with respect to the position of supervisor, by the appropriate
agency education line officer), the local school board for the
school shall be consulted; and
(ii) that a determination by such school board, as evidenced
by school board records, that such individual should or should
not be so employed shall be instituted by the supervisor (or
with respect to the position of supervisor, by the
superintendent for education of the agency office);
(C)(i) before an individual is employed in an education
position in an agency or area office of the Bureau, the
appropriate agency school board shall be consulted; and
(ii) a determination by such school board, as evidenced by
school board records, that such individual should or should not
be employed shall be instituted by the superintendent for
education of the agency office; and
(D) all employment decisions or actions be in compliance
with all applicable Federal, State, and tribal laws.
(2) Information regarding application at national level
(A) In general
Any individual who applies at the local level for an
education position shall state on such individual's application
whether or not such individual has applied at the national level
for an education position in the Bureau.
(B) Determination of accuracy
If such individual is employed at the local level, such
individual's name shall be immediately forwarded to the
Secretary, who shall, as soon as practicable but in no event in
more than 30 days, ascertain the accuracy of the statement made
by such individual pursuant to subparagraph (A).
(C) False statements
Notwithstanding subsection (e) of this section, if the
individual's statement is found to have been false, such
individual, at the Secretary's discretion, may be disciplined or
discharged.
(D) Conditional appointment for national provision
If the individual has applied at the national level for an
education position in the Bureau, the appointment of such
individual at the local level shall be conditional for a period
of 90 days, during which period the Secretary may appoint a more
qualified individual (as determined by the Secretary) from the
list maintained at the national level pursuant to subsection
(c)(1)(A)(ii) \2\ of this section to the position to which such
individual was appointed.
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\2\ So in original. Subsec. (c)(1)(A) of this section does not
contain clauses.
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(3) Statutory construction
Except as expressly provided, nothing in this section shall be
construed as conferring upon local school boards authority over, or
control of, educators at Bureau-funded schools or the authority to
issue management decisions.
(4) Appeals
(A) By supervisor
(i) In general
The supervisor of a school may appeal to the appropriate
agency education line officer any determination by the local
school board for the school that an individual be employed,
or not be employed, in an education position in the school
(other than that of supervisor) by filing a written
statement describing the determination and the reasons the
supervisor believes such determination should be overturned.
(ii) Action by board
A copy of such statement shall be submitted to the local
school board and such board shall be afforded an opportunity
to respond, in writing, to such appeal.
(iii) Overturning of determination
After reviewing such written appeal and response, the
education line officer may, for good cause, overturn the
determination of the local school board.
(iv) Transmission of determination
The education line officer shall transmit the
determination of such appeal in the form of a written
opinion to such board and to such supervisor identifying the
reasons for overturning such determination.
(B) By education line officer
(i) In general
The education line officer of an agency office of the
Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned.
(ii) Action by board
A copy of such statement shall be submitted to the local
school board and such board shall be afforded an opportunity
to respond, in writing, to such appeal.
(iii) Overturning of determination
After reviewing such written appeal and response, the
Director may, for good cause, overturn the determination of
the local school board.
(iv) Transmission of determination
The Director shall transmit the determination of such
appeal in the form of a written opinion to such board and to
such education line officer identifying the reasons for
overturning such determination.
(5) Other appeals
(A) In general
The education line officer of an agency office of the Bureau
may appeal to the Director of the Office any determination by
the agency school board that an individual be employed, or not
be employed, in an education position in such agency office by
filing a written statement describing the determination and the
reasons the supervisor believes such determination should be
overturned.
(B) Action by board
A copy of such statement shall be submitted to the agency
school board and such board shall be afforded an opportunity to
respond, in writing, to such appeal.
(C) Overturning of determination
After reviewing such written appeal and response, the
Director may, for good cause, overturn the determination of the
agency school board.
(D) Transmission of determination
The Director shall transmit the determination of such appeal
in the form of a written opinion to such board and to such
education line officer identifying the reasons for overturning
such determination.
(e) Discharge and conditions of employment of educators
(1) Regulations
In promulgating regulations to govern the discharge and
conditions of employment of educators, the Secretary shall require--
(A) that procedures shall be established for the rapid and
equitable resolution of grievances of educators;
(B) that no educator may be discharged without notice of the
reasons for the discharge and an opportunity for a hearing under
procedures that comport with the requirements of due process;
and
(C) that each educator employed in a Bureau school shall be
notified 30 days prior to the end of an academic year whether
the employment contract of the individual will be renewed for
the following year.
(2) Procedures for discharge
(A) Determinations
(i) In general
Except as provided in clause (iii), the supervisor of a
Bureau school may discharge (subject to procedures
established under paragraph (1)(B)) for cause (as determined
under regulations prescribed by the Secretary) any educator
employed in such school.
(ii) Notification of board
On giving notice to an educator of the supervisor's
intention to discharge the educator, the supervisor shall
immediately notify the local school board of the proposed
discharge.
(iii) Determination by board
If the local school board determines that such educator
shall not be discharged, that determination shall be
followed by the supervisor.
(B) Appeals
(i) In general
The supervisor shall have the right to appeal to the
education line officer of the appropriate agency office of
the Bureau a determination by a local school board under
subparagraph (A)(iii), as evidenced by school board records,
not to discharge an educator.
(ii) Decision of agency education line officer
Upon hearing such an appeal, the agency education line
officer may, for good cause, issue a decision overturning
the determination of the local school board with respect to
the employment of such individual.
(iii) Form of decision
The education line officer shall make the decision in
writing and submit the decision to the local school board.
(3) Recommendations of school boards for discharge
Each local school board for a Bureau school shall have the
right--
(A) to recommend to the supervisor that an educator employed
in the school be discharged; and
(B) to recommend to the education line officer of the
appropriate agency office of the Bureau and to the Director of
the Office, that the supervisor of the school be discharged.
(f) Applicability of Indian preference laws
(1) Applicability
(A) In general
Notwithstanding any provision of the Indian preference laws,
such laws shall not apply in the case of any personnel action
carried out under this section with respect to an applicant or
employee not entitled to an Indian preference if each tribal
organization concerned--
(i) grants a written waiver of the application of those
laws with respect to the personnel action; and
(ii) states that the waiver is necessary.
(B) No effect on responsibility of Bureau
This paragraph shall not be construed to relieve the
responsibility of the Bureau to issue timely and adequate
announcements and advertisements concerning any such personnel
action if such action is intended to fill a vacancy (no matter
how such vacancy is created).
(2) Definitions
In this subsection:
(A) Indian preference laws
(i) In general
The term ``Indian preference laws'' means section 472 of
this title or any other provision of law granting a
preference to Indians in promotions and other personnel
actions.
(ii) Exclusion
The term ``Indian preference laws'' does not include
section 450e(b) of this title.
(B) Tribal organization
The term ``tribal organization'' means--
(i) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community,
including a Native village (as defined in section 1602(c) of
title 43); or
(ii) in connection with any personnel action referred to
in this subsection, any local school board to which the
governing body has delegated the authority to grant a waiver
under this subsection with respect to a personnel action.
(g) Compensation or annual salary
(1) In general
(A) Compensation for educators and education positions
Except as otherwise provided in this section, the Secretary
shall establish the compensation or annual salary rate for
educators and education positions--
(i) at rates in effect under the General Schedule for
individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 of title 5 is
applicable; or
(ii) on the basis of the Federal Wage System schedule in
effect for the locality involved, and for the comparable
positions, at the rates of compensation in effect for the
senior executive service.
(B) Compensation or salary for teachers and counselors
(i) In general
The Secretary shall establish the rate of compensation,
or annual salary rate, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rate of compensation applicable (on
January 8, 2002, and thereafter) for comparable positions in
the overseas schools under the Defense Department Overseas
Teachers Pay and Personnel Practices Act [20 U.S.C. 901 et
seq.].
(ii) Essential provisions
The Secretary shall allow the local school boards
involved authority to implement only the aspects of the
Defense Department Overseas Teachers Pay and Personnel
Practices Act pay provisions that are considered essential
for recruitment and retention of teachers and counselors.
Implementation of such provisions shall not be construed to
require the implementation of that entire Act.
(C) Rates for new hires
(i) In general
Beginning with the first fiscal year following January
8, 2002, each local school board of a Bureau school may
establish a rate of compensation or annual salary rate
described in clause (ii) for teachers and counselors
(including academic counselors) who are new hires at the
school and who had not worked at the school, as of the first
day of such fiscal year.
(ii) Consistent rates
The rates established under clause (i) shall be
consistent with the rates paid for individuals in the same
positions, with the same tenure and training, as the
teachers and counselors, in any other school within whose
boundaries the Bureau school is located.
(iii) Decreases
In a case in which the establishment of rates under
clause (i) causes a reduction in compensation at a school
from the rate of compensation that was in effect for the
first fiscal year following January 8, 2002, the new rates
of compensation may be applied to the compensation of
employees of the school who worked at the school as of
January 8, 2002, by applying those rates at each contract
renewal for the employees so that the reduction takes effect
in three equal installments.
(iv) Increases
In a case in which adoption of rates under clause (i)
leads to an increase in the payment of compensation from
that which was in effect for the fiscal year following
January 8, 2002, the school board may make such rates
applicable at the next contract renewal such that--
(I) the increase occurs in its entirety; or
(II) the increase is applied in three equal
installments.
(D) Use of regulations; continued employment of certain
educators
The establishment of rates of basic compensation and annual
salary rates under subparagraphs (B) and (C) shall not--
(i) preclude the use of regulations and procedures used
by the Bureau prior to April 28, 1988, in making
determinations regarding promotions and advancements through
levels of pay that are based on the merit, education,
experience, or tenure of the educator; or
(ii) affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make an election under
subsection (p) \3\ as in effect on January 1, 1990.
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\3\ See References in Text note below.
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(2) Post differential rates
(A) In general
The Secretary may pay a post differential rate, not to
exceed 25 percent of the rate of compensation, for educators or
education positions, on the basis of conditions of environment
or work that warrant additional pay, as a recruitment and
retention incentive.
(B) Supervisor's authority
(i) In general
Except as provided in clause (ii), on the request of the
supervisor and the local school board of a Bureau school,
the Secretary shall grant the supervisor of the school
authorization to provide one or more post differential rates
under subparagraph (A).
(ii) Exception
The Secretary shall disapprove, or approve with a
modification, a request for authorization to provide a post
differential rate if the Secretary determines for clear and
convincing reasons (and advises the board in writing of
those reasons) that the rate should be disapproved or
decreased because the disparity of compensation between the
appropriate educators or positions in the Bureau school, and
the comparable educators or positions at the nearest public
school, is--
(I)(aa) at least 5 percent; or
(bb) less than 5 percent; and
(II) does not affect the recruitment or retention of
employees at the school.
(iii) Approval of requests
A request made under clause (i) shall be considered to
be approved at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time the request is approved, approved with a
modification, or disapproved by the Secretary.
(iv) Discontinuation of or decrease in rates
The Secretary or the supervisor of a Bureau school may
discontinue or decrease a post differential rate provided
for under this paragraph at the beginning of an academic
year if--
(I) the local school board requests that such
differential be discontinued or decreased; or
(II) the Secretary or the supervisor, respectively,
determines for clear and convincing reasons (and advises
the board in writing of those reasons) that there is no
disparity of compensation that would affect the
recruitment or retention of employees at the school
after the differential is discontinued or decreased.
(v) Reports
On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests
and approvals of authorization made under this paragraph
during the previous year and listing the positions receiving
post differential rates under contracts entered into under
those authorizations.
(h) Liquidation of remaining leave upon termination
Upon termination of employment with the Bureau, any annual leave
remaining to the credit of an individual covered by this section shall
be liquidated in accordance with sections 5551(a) and 6306 of title 5,
except that leave earned or accrued under regulations promulgated
pursuant to subsection (b)(10) of this section shall not be so
liquidated.
(i) Transfer of remaining sick leave upon transfer, promotion, or
reemployment
In the case of any educator who is transferred, promoted, or
reappointed, without break in service, to a position in the Federal
Government under a different leave system, any remaining leave to the
credit of such person earned or credited under the regulations
promulgated pursuant to subsection (b)(10) of this section shall be
transferred to such person's credit in the employing agency on an
adjusted basis in accordance with regulations which shall be promulgated
by the Office of Personnel Management.
(j) Ineligibility for employment of voluntarily terminated educators
An educator who voluntarily terminates employment with the Bureau
before the expiration of the existing employment contract between such
educator and the Bureau shall not be eligible to be employed in another
education position in the Bureau during the remainder of the term of
such contract.
(k) Dual compensation
In the case of any educator employed in an education position
described in subsection (l)(1)(A) \4\ of this section who--
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\4\ So in original. Subsec. (l)(1) of this section does not contain
subpars.
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(1) is employed at the close of a school year;
(2) agrees in writing to serve in such position for the next
school year; and
(3) is employed in another position during the recess period
immediately preceding such next school year, or during such recess
period receives additional compensation referred to in section 5533
of title 5, relating to dual compensation,
shall not apply to such educator by reason of any such employment during
a recess period for any receipt of additional compensation.
(l) Voluntary services
(1) In general
Notwithstanding section 1342 of title 31, the Secretary may,
subject to the approval of the local school board concerned, accept
voluntary services on behalf of Bureau schools.
(2) Federal employee protection
Nothing in this chapter requires Federal employees to work
without compensation or allows the use of volunteer services to
displace or replace Federal employees.
(3) Federal status
An individual providing volunteer services under this section is
a Federal employee only for purposes of chapter 81 of title 5 and
chapter 171 of title 28.
(m) Proration of pay
(1) Election of employee
(A) In general
Notwithstanding any other provision of law, including laws
relating to dual compensation, the Secretary, at the election of
the employee, shall prorate the salary of an employee employed
in an education position for the academic school year over the
entire 12-month period.
(B) Election
Each educator employed for the academic school year shall
annually elect to be paid on a 12-month basis or for those
months while school is in session.
(C) No loss of pay or benefits
No educator shall suffer a loss of pay or benefits,
including benefits under unemployment or other Federal or
federally assisted programs, because of such election.
(2) Change of election
During the course of such year the employee may change election
once.
(3) Lump sum payment
That portion of the employee's pay which would be paid between
academic school years may be paid in a lump sum at the election of
the employee.
(4) Nonapplicability
This subsection applies to those individuals employed under the
provisions of this section or title 5.
(5) Definitions
For purposes of this subsection, the terms ``educator'' and
``education position'' have the meanings contained in paragraphs (1)
and (2) of subsection (o) of this section.
(n) Extracurricular activities
(1) Stipend
(A) In general
Notwithstanding any other provision of law, the Secretary
may provide, for each Bureau area, a stipend in lieu of overtime
premium pay or compensatory time off.
(B) Provision to employees
Any employee of the Bureau who performs additional
activities to provide services to students or otherwise support
the school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
(C) Nature of stipend
Such stipend shall be paid as a supplement to the employee's
base pay.
(2) Election not to receive stipend
If an employee elects not to be compensated through the stipend
established by this subsection, the appropriate provisions of title
5 shall apply.
(3) Applicability of subsection
This subsection applies to all Bureau employees, regardless of
whether the employee is employed under this section or title 5.
(o) Definitions
In this section:
(1) Education position
The term ``education position'' means a position in the Bureau
the duties and responsibilities of which--
(A)(i) are performed on a school year basis principally in a
Bureau school; and
(ii) involve--
(I) classroom or other instruction or the supervision or
direction of classroom or other instruction;
(II) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
(III) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
(IV) support services at, or associated with, the site
of the school; or
(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs other
than the position for agency superintendent for education.
(2) Educator
The term ``educator'' means an individual whose services are
required, or who is employed, in an education position.
(p) Covered individuals; election
This section shall apply with respect to any educator hired after
November 1, 1979 (and to any educator who elected for coverage under
that provision after November 1, 1979) and to the position in which such
individual is employed. The enactment of this section shall not affect
the continued employment of an individual employed on October 31, 1979,
in an education position, or such person's right to receive the
compensation attached to such position.
(q) Furlough without consent
(1) In general
An educator who was employed in an education position on October
31, 1979, who was eligible to make an election under subsection (p)
\3\ at that time, and who did not make the election under such
subsection, may not be placed on furlough (within the meaning of
section 7511(a)(5) of title 5,\5\ without the consent of such
educator for an aggregate of more than 4 weeks within the same
calendar year, unless--
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\5\ So in original. The comma probably should be a closing
parenthesis.
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(A) the supervisor, with the approval of the local school
board (or of the education line officer upon appeal under
paragraph (2)), of the Bureau school at which such educator
provides services determines that a longer period of furlough is
necessary due to an insufficient amount of funds available for
personnel compensation at such school, as determined under the
financial plan process as determined under section 2009(b) \6\
of this title; and
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\6\ So in original. Probably should be section ``2010(b)''.
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(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are placed
on furloughs of equal length, except that the supervisor, with
the approval of the local school board (or of the agency
education line officer upon appeal under paragraph (2)), may
continue one or more educators in pay status if--
(i) such educators are needed to operate summer
programs, attend summer training sessions, or participate in
special activities including curriculum development
committees; and
(ii) such educators are selected based upon such
educator's qualifications after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
(2) Appeals
The supervisor of a Bureau school may appeal to the appropriate
agency education line officer any refusal by the local school board
to approve any determination of the supervisor that is described in
paragraph (1)(A) by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be approved. A copy of such statement shall be
submitted to the local school board and such board shall be afforded
an opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the education line
officer may, for good cause, approve the determination of the
supervisor. The educational line officer shall transmit the
determination of such appeal in the form of a written opinion to
such local school board and to the supervisor identifying the
reasons for approving such determination.
(r) Stipends
The Secretary is authorized to provide annual stipends to teachers
who become certified by the National Board of Professional Teaching
Standards, the National Council on Teacher Quality, or other nationally
recognized certification or credentialing organizations.
(Pub. L. 95-561, title XI, Sec. 1132, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2044.)
References in Text
The General Schedule, referred to in subsec. (g)(1)(A)(i), is set
out under section 5332 of Title 5, Government Organization and
Employees.
The Defense Department Overseas Teachers Pay and Personnel Practices
Act, referred to in subsec. (g)(1)(B), is Pub. L. 86-91, July 17, 1959,
73 Stat. 213, as amended, which is classified generally to chapter 25
(Sec. 901 et seq.) of Title 20, Education. For complete classification
of this Act to the Code, see Short Title note set out under section 901
of Title 20 and Tables.
Subsection (p), referred to in subsecs. (g)(1)(D)(ii) and (q)(1),
probably should be a reference to subsec. (o) of prior section 1131 of
Pub. L. 95-561 which was classified to section 2011 of this title prior
to the general amendment of this chapter by Pub. L. 103-382. See Prior
Provisions note set out under section 2011 of this title.
Prior Provisions
A prior section 2012, Pub. L. 95-561, title XI, Sec. 1132, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4002;
amended Pub. L. 105-362, title VIII, Sec. 801(c)(3), Nov. 10, 1998, 112
Stat. 3288, related to education personnel, prior to the general
amendment of this chapter by Pub. L. 107-110.
Another prior section 2012, Pub. L. 95-561, title XI, Sec. 1132,
Nov. 1, 1978, 92 Stat. 2326; Pub. L. 96-46, Sec. 2(b)(9), Aug. 6, 1979,
93 Stat. 341; Pub. L. 98-511, title V, Sec. 508, Oct. 19, 1984, 98 Stat.
2397, related to establishment of a computerized management information
system, prior to the general amendment of this chapter by Pub. L. 103-
382.
Adjustments to Rates of Basic Compensation or Annual Salary Rates for
Education Positions
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
1996, 110 Stat. 3009-181, 3009-193, provided in part: ``That in fiscal
year 1997 and thereafter, notwithstanding the provisions of [former] 25
U.S.C. 2012(h)(1)(A) and (B) [see now 25 U.S.C. 2012(g)(1)(A), (B)],
upon the recommendation of either (i) a local school board and school
supervisor for an education position in a Bureau of Indian Affairs
operated school, or (ii) an Agency school board and education line
officer for an Agency education position, the Secretary [of the
Interior] shall establish adjustments to the rates of basic compensation
or annual salary rates established under [former] 25 U.S.C.
2012(h)(1)(A) and (B) for education positions at the school or the
Agency, at a level not less than that for comparable positions in the
nearest public school district, and the adjustment shall be deemed to be
a change to basic pay and shall not be subject to collective bargaining:
Provided further, That any reduction to rates of basic compensation or
annual salary rates below the rates established under [former] 25 U.S.C.
2012(h)(1)(A) and (B) shall apply only to educators appointed after June
30, 1997, and shall not affect the right of an individual employed on
June 30, 1997, in an education position, to receive the compensation
attached to such position under [former] 25 U.S.C. 2012(h)(1)(A) and (B)
so long as the individual remains in the same position at the same
school''.
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110
Stat. 1321-156, 1321-171; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1555, provided in
part: ``That beginning in fiscal year 1998 and thereafter and
notwithstanding [former] 25 U.S.C. 2012(h)(1)(B) [see now 25 U.S.C.
2012(g)(1)(B)], when the rates of basic compensation for teachers and
counselors at Bureau-operated schools are established at the rates of
basic compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay and Personnel
Practices Act [20 U.S.C. 901 et seq.], such rates shall become effective
with the start of the next academic year following the issuance of the
Department of Defense salary schedule and shall not be effected
retroactively''.
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
1996, 110 Stat. 3009-181, 3009-193.
Section Referred to in Other Sections
This section is referred to in section 2505 of this title.
