‘‘(iii) the average compensation for similar posi-
tions in not more than three other local educational
agencies, as determined by the Secretary and the ap-
propriate local school boards in the State in which
the military installation is located.
‘‘(B) In fixing the compensation of employees in
schools established in the territories, commonwealths, and
possessions under this section or any other provision of
law enacted before the date of the enactment of this sec-
tion that provided for similar schools, the Secretary shall
determine the level of compensation required to attract
qualified employees. For employees in such schools, the
Secretary, in coordination with the local school boards and
without regard to the provisions of title 5, may arrange
for the tenure, leave, hours of work, and other incidents
of employment on a similar basis as is provided for com-
parable positions in the public schools of the District of
Columbia.
‘‘(f) REIMBURSEMENT.—When the Secretary of De-
fense provides educational services under this section to
an individual who is a dependent of an employee of an-
other Federal agency, the head of the other Federal agen-
cy shall, upon request of the Secretary of Defense, reim-
burse the Secretary of Defense for those services at rates
routinely prescribed by the Secretary of Defense for those
services. Any payments received by the Secretary of De-
fense under this section shall be credited to the account
designated by the Secretary for the operation of edu-
cational programs under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2164. Department of Defense domestic dependent elementary and secondary
schools.’’.
(c) SAVINGS PROVISION.—Nothing in section 2164 of
title 10, United States Code, as added by subsection (a),
shall be construed as affecting the rights in existence on
the date of the enactment of this Act of an employee of
any school established under such section (or any other
provision of law enacted before the date of the enactment
of this Act that established a similar school) to negotiate
or bargain collectively with the Secretary with respect to
wages, hours, and other terms and conditions of employ-
ment.
SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANS-
FER OF DEPARTMENT OF DEFENSE DOMES-
TIC DEPENDENT ELEMENTARY AND SECOND-
ARY SCHOOLS TO APPROPRIATE LOCAL EDU-
CATIONAL AGENCIES.
(a) SURVEY.—(1) The Secretary of Defense shall
conduct a survey of each Department of Defense domestic
dependent elementary and secondary school operated by
the Department of Defense to determine the feasibility of,
and actions necessary to be taken to provide for, the trans-
fer of that school to the appropriate local educational
agency.
(2) The Secretary of Defense shall coordinate the
conduct of the survey of each such school with representa-
tives of the local educational agency referred to in para-
graph (1) and of parent organizations representing par-
ents of students enrolled in the school.
(3) Issues addressed by the survey shall include—
(A) the opinions and attitudes of such parents
with respect to the appropriate entity to operate the
school;
(B) the position of the local educational agency
and the appropriate education officials of the State
in which the school is located regarding the extent
to which the transfer of the school to the local edu-
cational agency is feasible and desirable, including
the financial and legal justifications for that posi-
tion; and
(C) the requirements, as specified by the local
educational agency and the appropriate education of-
ficials of the State in which the school is located, for
financial support, military construction, and any
other support provided by the Department of De-
fense in order to complete the transfer of the school
to the local educational agency.
(4) Not later than June 30, 1995, the Secretary of
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port on the results of the survey. The report shall include
the recommendations of the Secretary with respect to the
transfer of each such school.
(b) PILOT PROGRAM.—(1) The Secretary of Defense
shall conduct a pilot program to assess the potential for
the transfer of Department of Defense domestic dependent
elementary and secondary schools to appropriate local edu-
cational agencies.
(2) The Secretary of Defense shall select two schools
for participation in the pilot program based on the results
of the survey conducted by the Secretary under subsection
(a). The Secretary shall provide for the transfer of each
such school to the appropriate local educational agency not
later than the date on which the 1995 school year begins
for that school.
(3) Not later than March 31, 1996, the Secretary of
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report
on the results of the pilot program. The report shall in-
clude the recommendation of the Secretary with respect
to the extent to which other Department of Defense do-
mestic dependent elementary and secondary schools
should be transferred to appropriate local educational
agencies.
(c) LIMITATION.—A Department of Defense domestic
dependent elementary or secondary school may not be
transferred to a local educational agency under this sec-
tion except on terms that are agreeable to the local edu-
cational agency.
SEC. 353. REPORT ON CALCULATION AND RECOVERY OF
TUITION COSTS OF CERTAIN STUDENTS EN-
ROLLED IN SCHOOLS OF THE DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM.
(a) REPORT.—Not later than March 31, 1995, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representa-
tives and the Committee on Education and Labor of the
House of Representatives a report on the calculation and
application of the tuition rate required to be determined
under section 1404(b) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 923(b)).
(b) CONTENTS OF REPORT.—The report required by
subsection (a) shall contain the following:
(1) A description of—
(A) the costs included in the tuition rate;
(B) the method by which the tuition rate
is determined; and
(C) the method by which any increase in
the tuition rate is determined.
(2) An analysis of—
(A) the variation in the cost of providing
educational services in the defense dependents’
education system in different geographic loca-
tions; and
(B) the extent to which the imposition of
a uniform tuition rate enables the system to re-
ceive adequate funds to defray the cost of pro-
viding educational services to tuition-paying
students.
(3) Recommendations of the Secretary with re-
spect to improvements that may be made in the de-
termination and application of the tuition rate.
SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT
OF DEFENSE DOMESTIC ELEMENTARY AND
SECONDARY SCHOOLS.
(a) AUTHORITY.—Section 2605 of title 10, United
States Code, is amended—
(1) by striking out ‘‘the defense dependents’
education system provided for under the Defense