Page:United States Statutes at Large Volume 108 Part 5.djvu/512

 108 STAT. 4002 PUBLIC LAW 103-382—OCT. 20, 1994 Labor and employment. 25 USC 2012. Effective date. Regulations. officials) shall be given an opportunity to present issues including proposals regarding changes in current practices or programs which will be considered for future action by the Bureau. All interested parties shall be given an opportunity to participate and discuss the options presented or to present other alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information educed or presented by the interested parties during 1 or more of the discussions and deliberations, that there is a substantial reason for another course of action. The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties. "SEC. 1132. EDUCATION PERSONNEL. "(a)(1) Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, United States Code, 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)). "(2) Paragraph (1) shall take effect 1 year after the date of enactment of this Act. "(b) Not later than the effective date of subsection (a)(2), 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)(l)(A), "(10) the leave system for educators, and "(11) such other matters as may be appropriate. "(c)(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 an5^where 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 (D)(2), in order for a tribal member to be hired in an education

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