Page:United States Statutes at Large Volume 108 Part 5.djvu/517

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 4007 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 President, under section 1105 of title 31, United States Code, 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 had not been enacted. "(2) Each educator employed in an education position in Alaska Alaska, shall be p£dd 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 Wages. 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 dear 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— "(1) 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. "(iv) On or before February 1 of each year, the Secretary shall Reports, 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. " (i) Any individual— O

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