POST DIFFERENTIALS.

SEC. 5115. POST DIFFERENTIALS. Paragraph (3) of section 1131(h) of the Education Amendments of 1978 (25 U.S.C. 201 l(h)(3)) is amended— (1) by striking out “The Secretary” and inserting in lieu thereof “(A) The Secretary”, and (2) by adding at the end thereof the following new subparagraph: “(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 one 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. The request under this subparagraph 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 it is approved, approved with modification, or disapproved by the Secretary. “(ii) 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 it 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. “(iii) On or before February 1 of each year, the Secretary shall submit to Congress a report describing the requests and grants of 102 STAT. 381authority under this subparagraph during the previous fiscal year and listing the positions contracted under those grants of authority.”.