
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2012]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2012. Education personnel


(a) In general

    (1) 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, and 
removal of civil service employees, shall not apply to educators or to 
education positions (as defined in subsection (n) of this section).
    (2) Paragraph (1) shall take effect 1 year after November 1, 1978.

(b) Regulations

    Not later than the effective date of subsection (a)(2) of this 
section, the Secretary shall prescribe regulations to carry out this 
section. Such regulations shall govern--
        (1) the establishment of education positions,
        (2) the establishment of qualifications for educators,
        (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 length of the school year applicable to education 
    positions described in subsection (n)(1)(A) of this section,
        (10) the leave system for educators, and
        (11) such other matters as may be appropriate.

(c) Qualifications of educators

    (1) In prescribing regulations to govern the qualifications of 
educators, the Secretary shall require--
        (A)(i) that 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; and
        (ii) that a list of qualified and interviewed applicants for 
    education positions be maintained in the Office from among 
    individuals who have applied at the national level for an education 
    position and who have expressed interest in working in an education 
    position anywhere in the United States;
        (B) that 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 (d)(2)(A) of this section, a 
    determination by a school board that such a person be hired shall be 
    followed by the supervisor; and
        (C) that it shall not be a prerequisite to the employment of an 
    individual in an education position at the local level that such 
    individual's name appear on the national list maintained pursuant to 
    paragraph (1)(A)(ii) or that such individual has applied at the 
    national level for an education position.

    (2) 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) In prescribing regulations to govern the appointment of 
educators, the Secretary shall require--
        (A)(i) that educators employed in a school (other than the 
    supervisor of the school) shall be hired by the supervisor of the 
    school unless there are no qualified applicants available, in which 
    case the vacant position shall be filled at the national level from 
    the list maintained pursuant to subsection (c)(1)(A)(ii) of this 
    section;
        (ii) each school supervisor shall be hired by the education line 
    officer of the agency office of the Bureau in which the school is 
    located; and
        (iii) educators employed in an agency office of the Bureau shall 
    be hired by the superintendent for education of the agency office;
        (B) that before an individual is employed in an education 
    position in a school by the supervisor of a 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 that subject to paragraph (2), a determination by the 
    school board that such individual should or should not be so 
    employed shall be followed by the supervisor (or with respect to the 
    position of supervisor, by the agency superintendent for education); 
    and
        (C) that before an individual may be employed in an education 
    position at the agency level, the appropriate agency school board 
    shall be consulted, and that, subject to paragraph (3), a 
    determination by such school board that such individual should or 
    should not be employed shall be followed by the agency 
    superintendent for education.

    (2)(A) 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. 
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, overturn the determination 
of the local school board. 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) 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. 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 Director may, for good cause, 
overturn the determination of the local school board. 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.
    (3) 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. 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. After reviewing 
such written appeal and response, the Director may, for good cause, 
overturn the determination of the agency school board. 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.
    (4) 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. If such individual is employed at the local 
level, such individual's name shall immediately be forwarded to the 
Secretary, who shall, as soon as possible but in no event in more than 
30 days, ascertain the accuracy of the statement made by such individual 
pursuant to the first sentence of this paragraph. If the individual's 
statement is found to have been false, such individual, at the 
Secretary's discretion, may be disciplined or discharged. If the 
individual had 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) of this section to the position to which such 
individual was appointed.
    (5) Except as expressly provided, nothing in this section shall be 
construed as conferring upon local school boards, authority over, or 
control of, educators.

(e) Discharge and conditions of employment of educators

    (1) In prescribing regulations to govern the discharge and 
conditions of employment of educators, the Secretary shall require--
        (A) that procedures be established for the rapid and equitable 
    resolution of grievances of educators;
        (B) that no educator may be discharged without notice of the 
    reasons therefore and opportunity for a hearing under procedures 
    that comport with the requirements of due process; and
        (C) educators employed in Bureau schools shall be notified 60 
    days prior to the end of the school year whether their employment 
    contract will be renewed for the following year.

    (2) 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. Upon giving notice of proposed discharge to an educator, 
the supervisor involved shall immediately notify the local school board 
for the school of such action. A determination by the local school board 
that such educator shall not be discharged shall be followed by the 
supervisor. The supervisor shall have the right to appeal such action to 
the education line officer of the appropriate agency office of the 
Bureau. Upon such an appeal, the agency education line officer may, for 
good cause and in writing to the local school board, overturn the 
determination of the local school board with respect to the employment 
of such individual.
    (3) Each local school board for a Bureau school shall have the 
right--
        (A) to recommend to the supervisor of such school 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) Indian preferences

    (1) Notwithstanding any provision of the Indian preference laws, 
such laws shall not apply in the case of any personnel action within the 
purview of this section respecting an applicant or employee not entitled 
to Indian preference if each tribal organization concerned grants, in 
writing, a waiver of the application of such laws with respect to such 
personnel action, if such a waiver is in writing deemed to be a 
necessity by the tribal organization, except that this paragraph shall 
in no way relieve the Bureau of the Bureau's responsibility 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) For purposes of this subsection, the term ``tribal 
organization'' means--
        (A) 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
        (B) in connection with any personnel action referred to in this 
    subsection, any local school board as defined in section 2026 of 
    this title, and which has been delegated by such governing body the 
    authority to grant a waiver under such subsection with respect to 
    such personnel action.

    (3) 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, except that such term shall not 
be considered to include section 450e(b) of this title.

(g) Applicability of chapter 51 of title 5

    Subject to the authority of the Office of Personnel Management to 
determine finally the applicability of chapter 51 of title 5 to specific 
positions and employees in the executive branch, the Secretary shall 
determine in accordance with subsection (a)(1) of this section the 
applicability or inapplicability of such chapter to positions and 
employees in the Bureau.

(h) Compensation or annual salary

    (1)(A) Except as otherwise provided in this section, the Secretary 
shall fix the basic compensation or annual salary rate for educators and 
education positions at rates comparable to the 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 on the basis of the Federal Wage System schedule in effect 
for the locality.
    (B) By not later than October 28, 1988, the Secretary shall 
establish, for contracts for the 1991-1992 academic year, and 
thereafter, the rates of basic compensation, or annual salary rates, for 
the positions of teachers and counselors (including dormitory counselors 
and home-living counselors) at the rates of basic compensation 
applicable (on the date of enactment of such amendments \1\ and 
thereafter) to comparable positions in overseas schools under the 
Defense Department Overseas Teachers Pay and Personnel Practices Act [20 
U.S.C. 901 et seq.], unless the Secretary establishes such rates within 
such 6-month period through collective bargaining with the appropriate 
union representative of the education employees that is recognized by 
the Bureau.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (C) By not later than October 28, 1988, the Secretary shall 
establish the rates of basic compensation or annual salary rates for the 
positions of teachers and counselors (including dormitory and home-
living counselors)--
        (i) for contracts for the 1989-1990 academic year, at rates 
    which reflect \1/3\ of the changes in the rates applicable to such 
    positions on April 28, 1988, that must be made to conform the rates 
    to the rates established under subparagraph (B) for such positions 
    for contracts for the 1991-1992 academic year, and
        (ii) for contracts for the 1990-1991 academic year, at rates 
    which reflect \2/3\ of such changes.

    (D) The establishment of rates of basic compensation and annual 
salary rates by the Secretary under subparagraphs (B) and (C) shall not 
preclude the use of regulations and procedures used by the Bureau before 
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.
    (E)(i) Except as provided in clause (ii), the establishment of rates 
of basic compensation and annual salary rates by the Secretary under 
subparagraphs (B) and (C) shall not 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 the election under paragraph (2) 
of subsection (o) of this section.
    (ii) Any individual described in clause (i) may, during the 5-year 
period beginning on the date on which the Secretary establishes rates of 
basic compensation and annual salary rates under subparagraph (B), make 
an irrevocable election to have the basic compensation rate or annual 
salary rate of such individual determined in accordance with this 
paragraph.
    (iii) If an individual makes the election described in clause (ii), 
such election shall not affect the application to the individual of the 
same retirement system and leave system that applies to the individual 
during the fiscal year preceding the fiscal year in which such election 
is made, except that the individual must use leave accrued during a 
contract period by the end of that contract period.
    (F) The President shall include with the budget submitted under 
section 1105 of title 31 for each of the fiscal years 1990, 1991, and 
1992 a written statement by the Secretary which specifies--
        (i) the amount of funds the Secretary needs to pay basic 
    compensation and the annual salaries of educators for such fiscal 
    year, and
        (ii) the amount of funds the Secretary estimates would be needed 
    to pay basic compensation and the annual salaries of educators for 
    such fiscal year if the amendments made to this paragraph by the 
    Indian Education Amendments of 1988 \2\ had not been enacted.
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    \2\ See References in Text note below.

    (2) Each educator employed in an education position in Alaska shall 
be paid a cost-of-living allowance equal to 25 percent of the rate of 
basic compensation to which such educator is entitled.
    (3)(A) The Secretary may pay a postdifferential not to exceed 25 
percent of the rate of basic compensation, on the basis of conditions of 
environment or work which warrant additional pay as a recruitment and 
retention incentive.
    (B)(i) Upon 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 1 or more post differentials under 
subparagraph (A) unless the Secretary determines for clear and 
convincing reasons (and advises the board in writing of those reasons) 
that certain of the requested post differentials should be disapproved 
or decreased because there is no disparity of compensation for the 
involved employees or positions in the Bureau school, as compared with 
the nearest public school, that is either--
        (I) at least 5 percent, or
        (II) less than 5 percent and affects the recruitment or 
    retention of employees at the school.

    (ii) The request under clause (i) shall be deemed granted as 
requested 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 modification, or disapproved by the Secretary.
    (iii) The Secretary or the supervisor of a Bureau school may 
discontinue or decrease a post differential authorized by reason of this 
subparagraph at the beginning of a school year after either--
        (I) the local school board requests that such differential be 
    discontinued or decreased, or
        (II) the Secretary or the supervisor 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.

(i) Annual and sick leave

    Any individual--
        (1) who on November 1, 1978, is holding a position which is 
    determined under subsection (f) of this section to be an education 
    position and who elects under subsection (o)(2) of this section to 
    be covered under the provisions of this section, or
        (2) who is an employee of the Federal Government or the 
    municipal government of the District of Columbia and is transferred, 
    promoted, or reappointed, without break in service, from a position 
    under a different leave system to an education position,

shall be credited for the purpose of the leave system provided under 
regulations prescribed pursuant to subsection (b)(10) of this section, 
with the annual and sick leave to such individual's credit immediately 
before the effective date of such election, transfer, promotion, or 
reappointment.

(j) Liquidation of remaining leave upon termination

    Upon termination of employment with the Bureau, any annual leave 
remaining to the credit of an individual within the purview of this 
section shall be liquidated in accordance with sections 5551(a) and 6306 
of title 5, except that leave earned or accrued under regulations 
prescribed pursuant to subsection (b)(10) of this section shall not be 
so liquidated.

(k) Transfer of remaining 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 
prescribed 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 prescribed 
by the Office of Personnel Management.

(l) 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.

(m) Dual compensation

    In the case of any educator employed in an education position 
described in subsection (n)(1)(A) of this section who--
        (1) is employed at the close of a school year,
        (2) agrees in writing to serve in such a 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 such receipt of additional compensation.

(n) Definitions

    For the purpose of this section--
        (1) The term ``education position'' means a position in the 
    Bureau the duties and responsibilities of which--
            (A) are performed on a school-year basis principally in a 
        Bureau school and 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) The term ``educator'' means an individual whose services are 
    required, or who is employed, in an education position.

(o) Covered individuals; election

    (1) Subsections (a) through (n) of this section apply to an educator 
hired after November 1, 1979 (and to an educator who elected application 
under paragraph (2)) and to the position in which such individual is 
employed. Subject to paragraph (2), the enactment of this Act shall not 
affect the continued employment of an individual employed on October 31, 
1979 in an education position, or such individual's right to receive the 
compensation attached to such position.
    (2) Any individual employed in an education position on October 31, 
1979, may, not later than November 1, 1983, make an irrevocable election 
to be covered under the provisions of subsections (a) through (n) of 
this section.

(p) Furlough without consent

    (1) An educator who was employed in an education position on October 
31, 1979, who was eligible to make an election under paragraph (2) of 
subsection (o) at that time, and who did not make the election under 
paragraph (2) of subsection (o), may not be placed on furlough (within 
the meaning of section 7511(a)(5) of title 5) without the consent of 
such educator for an aggregate of more than 4 weeks within the same 
calendar year, unless--
        (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 2010(b) of this title, and
        (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 1 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) 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.

(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.)

                       References in Text

    The effective date of subsection (a)(2) of this section, referred to 
in subsec. (b), probably means the effective date specified in subsec. 
(a)(2) of this section.
    The General Schedule, referred to in subsec. (h)(1)(A), is set out 
under section 5332 of Title 5, Government Organization and Employees.
    The date of enactment of such amendments, referred to in subsec. 
(h)(1)(B), probably means the date of enactment of the Indian Education 
Amendments of 1988 which is part A of title V of Pub. L. 100-297 and was 
approved Apr. 28, 1988. Prior to the general amendment of this chapter 
by Pub. L. 103-382, section 2011(h)(1)(B) of this title contained 
similar language referring to the date of enactment of such amendments 
after a reference to the Indian Education Amendments of 1988.
    The Defense Department Overseas Teachers Pay and Personnel Practices 
Act, referred to in subsec. (h)(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.
    The amendments made to this paragraph by the Indian Education 
Amendments of 1988, referred to in subsec. (h)(1)(F)(ii), probably means 
the amendments made to former section 2011(h)(1) of this title by Pub. 
L. 100-297, Sec. 5114(a), which amended subpar. (A) and added subpars. 
(B) to (F). Prior to the general amendment of this chapter by Pub. L. 
103-382, title I, Sec. 381, Oct. 20, 1994, 108 Stat. 3979, former 
section 2011(h)(1) of this title, as amended by Pub. L. 100-297, 
contained provisions similar to those in subsec. (h)(1) of this section.
    This Act, referred to in subsec. (o)(1), means Pub. L. 95-561, Nov. 
1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 
1978. For complete classification of this Act to the Code, see Short 
Title note set out under section 6301 of Title 20, Education, and 
Tables.

                          Codification

    In subsecs. (a)(2) and (i)(1), ``November 1, 1978'' substituted for 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 95-561, which enacted this chapter.


                            Prior Provisions

    A 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.


                               Amendments

    1998--Subsec. (h)(3)(B)(iv). Pub. L. 105-362 struck out cl. (iv) 
which read as follows: ``On or before February 1 of each year, the 
Secretary shall submit to Congress a report describing the requests and 
grants of authority under this subparagraph during the previous fiscal 
year and listing the positions contracted under those grants of 
authority.''


 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 25 U.S.C. 
2012(h)(1)(A) and (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 
shall establish adjustments to the rates of basic compensation or annual 
salary rates established under 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 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 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 25 U.S.C. 2012(h)(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 sections 2021, 2022 of this title.
