US (United States) Code. Title 20. Chapter 25: Pay and Personnel Program for Overseas Teachers

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR

OVERSEAS TEACHERS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

.

-HEAD-

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-MISC1-

Sec.

901. Definitions.

902. Regulations of Secretary of Defense.

(a) Employment, compensation, etc., of teachers.

(b) Effective date of regulations.

903. Administration.

(a) Employment and salary practices.

(b) Determination of exempt positions and

individuals; establishment of annual salary

rate.

(c) Rates of basic compensation.

(d) Issuance of regulations by Secretary of Defense.

904. Leave.

(a) Entitlement; amount.

(b) Saturdays, Sundays, holidays, and nonwork days.

(c) Purposes for taking leave.

(d) Credit for persons holding teaching positions and

for employees transferred, promoted or

reappointed.

(e) Excess of maximum amount of accumulated leave;

reduction.

(f) Liquidation of unused leave upon separation.

(g) Transfer of leave credit for teachers

transferred, promoted or reappointed to

positions under different leave system.

(h) Voluntary leave transfer and bank programs.

905. Quarters, quarters allowances, and storage.

(a) Entitlement.

(b) Furnishing of living quarters or grant of

allowance.

(c) Recess periods.

(d) Failure to report for service; liability to

United States.

(e) Employment in other positions during recess

periods.

(f) Lease of military family housing by teacher

assigned to teach at Guantanamo Bay Naval

Station, Cuba.

906. Entitlements in addition to basic compensation.

(a) Cost-of-living increase and additional

compensation.

(b) Post differential.

907. Applicability of other laws.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 922 of this title; title 5

section 5722; title 25 section 2012.

-CITE-

20 USC Sec. 901 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 901. Definitions

-STATUTE-

For the purposes of this chapter, the term -

(1) ''teaching position'' means those duties and

responsibilities which -

(A) are performed on a school-year basis principally in a

school operated by the Department of Defense in an overseas

area for dependents of members of the Armed Forces and

dependents of civilian employees of the Department of Defense,

or are performed by an individual who carried out certain

teaching activities identified in regulations prescribed by the

Secretary of Defense; and

(B) involve -

(i) classroom or other instruction or the supervision or

direction of classroom or other instruction; or

(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; or

(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.

(2) ''teacher'' means an individual -

(A) who is a citizen of the United States,

(B) who is a civilian, and

(C) who is employed in a teaching position described in

paragraph (1).

(3) ''overseas area'' means any area situated outside the

United States.

(4) ''United States'', when used in a geographical sense, means

the several States of the United States of America, the District

of Columbia, Hawaii, the Commonwealth of Puerto Rico, the Canal

Zone, and the possessions of the United States (excluding the

Trust Territory of the Pacific Islands and Midway Islands).

-SOURCE-

(Pub. L. 86-91, Sec. 2, July 17, 1959, 73 Stat. 213; Pub. L.

104-201, div. A, title XVI, Sec. 1606(a), Sept. 23, 1996, 110

Stat. 2736; Pub. L. 105-85, div. A, title X, Sec. 1073(c)(9)(A),

Nov. 18, 1997, 111 Stat. 1904.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in par. (4), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Section was formerly classified to section 2351 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1997 - Par. (1)(A). Pub. L. 105-85 made technical corrections to

Pub. L. 104-201, Sec. 1606(a)(1). See 1996 Amendment note below.

1996 - Par. (1)(A). Pub. L. 104-201, Sec. 1606(a)(1), as amended

by Pub. L. 105-85, inserted ''or are performed by an individual who

carried out certain teaching activities identified in regulations

prescribed by the Secretary of Defense;'' after ''Defense,''.

Par. (2)(C). Pub. L. 104-201, Sec. 1606(a)(2), added subpar. (C)

and struck out former subpar. (C) which read as follows: ''whose

services are required on a school-year basis in a teaching

position.''

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1073(c) of Pub. L. 105-85 provided that the amendment

made by that section is effective as of Sept. 23, 1996, and as if

included in the National Defense Authorization Act for Fiscal Year

1997, Pub. L. 104-201, as enacted.

SHORT TITLE

Section 1 of Pub. L. 86-91 provided that: ''This Act (enacting

this chapter and provisions now contained in section 5102(c)(22) of

Title 5, Government Organization and Employees) may be cited as the

'Defense Department Overseas Teachers Pay and Personnel Practices

Act'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 5102, 5334, 5541,

6301, 8331, 8701.

-CITE-

20 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 902. Regulations of Secretary of Defense

-STATUTE-

(a) Employment, compensation, etc., of teachers

Not later than the ninetieth day following July 17, 1959, the

Secretary of Defense shall prescribe and issue regulations to carry

out the purposes of this chapter. Such regulations shall govern -

(1) the establishment of teaching positions;

(2) the fixing of basic compensation for teachers and teaching

positions at rates equal to the average of the range of rates of

basic compensation for similar positions of a comparable level of

duties and responsibilities in urban school jurisdictions in the

United States of 100,000 or more population;

(3) the entitlement of teachers to compensation;

(4) the payment of compensation to teachers;

(5) the appointment of teachers;

(6) the conditions of employment of teachers;

(7) the length of the school year or school years applicable to

teaching positions;

(8) the leave system for teachers;

(9) quarters, allowances, and additional compensation for

teachers; and

(10) such other matters as may be relevant and appropriate to

the purposes of this chapter.

(b) Effective date of regulations

The regulations prescribed and issued by the Secretary of Defense

under subsection (a) of this section shall become effective on such

date as the Secretary of Defense shall prescribe but not later than

the ninetieth day following the date of issuance of such

regulations.

-SOURCE-

(Pub. L. 86-91, Sec. 4, July 17, 1959, 73 Stat. 214; Pub. L.

89-391, Sec. 1(a), Apr. 14, 1966, 80 Stat. 117.)

-COD-

CODIFICATION

Section was formerly classified to section 2352 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1966 - Subsec. (a)(2). Pub. L. 89-391 substituted provisions for

issuance of regulations to fix basic compensation for teachers and

teaching positions at rates equal to the average of the range of

rates of basic compensation for similar positions of a comparable

level of duties and responsibilities in urban school jurisdictions

in the United States of 100,000 or more population for former

provisions fixing basic compensation for teaching positions in

relation to rates of basic compensation for similar positions in

the United States.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2 of Pub. L. 89-391 provided that: ''The amendments made

by the first section of this Act (amending this section and section

903 of this title) shall become effective on the first day of the

first pay period which begins after the date of enactment of this

Act (Apr. 14, 1966).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 903, 904 of this title.

-CITE-

20 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 903. Administration

-STATUTE-

(a) Employment and salary practices

The Secretary of Defense shall conduct the employment and salary

practices applicable to teachers and teaching positions in the

Department of Defense in accordance with this chapter, other

applicable law, and the regulations prescribed and issued by the

Secretary of Defense under section 902 of this title.

(b) Determination of exempt positions and individuals;

establishment of annual salary rate

Subject to section 5103 of title 5, the Secretary of Defense -

(1) shall determine the applicability of paragraph (22) of

section 5102(c) of title 5 to positions and individuals in the

Department of Defense; and

(2) shall establish the appropriate annual salary rate in

accordance with this chapter for each such position and

individual to which such paragraph (22) is determined to be

applicable.

(c) Rates of basic compensation

The Secretary of Defense shall fix the basic compensation for

teachers and teaching positions in the Department of Defense at

rates equal to the average of the range of rates of basic

compensation for similar positions of a comparable level of duties

and responsibilities in urban school jurisdictions in the United

States of 100,000 or more population.

(d) Issuance of regulations by Secretary of Defense

The Secretary of Defense may prescribe and issue such regulations

as he deems appropriate to carry out his functions under this

chapter.

-SOURCE-

(Pub. L. 86-91, Sec. 5, July 17, 1959, 73 Stat. 214; Pub. L.

86-370, Sec. 6(b), Sept. 23, 1959, 73 Stat. 652; Pub. L. 89-391,

Sec. 1(b), (c), Apr. 14, 1966, 80 Stat. 117; Pub. L. 96-470, title

I, Sec. 104(b), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 104-201,

div. A, title XVI, Sec. 1606(b), Sept. 23, 1996, 110 Stat. 2737;

Pub. L. 105-85, div. A, title X, Sec. 1073(c)(9)(B), (C), Nov. 18,

1997, 111 Stat. 1904.)

-COD-

CODIFICATION

In subsec. (b), ''section 5103 of title 5'' and ''paragraph (22)

of section 5102(c) of title 5'' substituted for ''section 202 of

the Classification Act of 1949'' and ''paragraph (33) of section

202 of such Act, added by section 3 of this Act'' respectively, on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

Provisions of section 1(b) and (c) of Pub. L. 89-391 for

amendment of subsec. (c) of this section and addition of other

provisions as another subsec. (c), have been executed in the Code

as an amendment of subsec. (c) of this section and addition of

subsec. (e) of this section, respectively.

Section was formerly classified to section 2353 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85, Sec. 1073(c)(9)(B), made

technical correction to Pub. L. 104-201, Sec. 1606(b)(1)(A). See

1996 Amendment note below.

Subsec. (b)(1). Pub. L. 105-85, Sec. 1073(c)(9)(C), made

technical correction to Pub. L. 104-201, Sec. 1606(b)(2)(B). See

1996 Amendment note below.

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1606(b)(1)(B),

substituted ''the Department of Defense'' for ''his military

department''.

Pub. L. 104-201, Sec. 1606(b)(1)(A), as amended by Pub. L.

105-85, Sec. 1073(c)(9)(B), substituted ''Secretary of Defense

shall'' for ''secretary of each military department in the

Department of Defense shall''.

Subsec. (b). Pub. L. 104-201, Sec. 1606(b)(2)(A), substituted

''Secretary of Defense - '' for ''secretary of each military

department - '' in introductory provisions.

Subsec. (b)(1). Pub. L. 104-201, Sec. 1606(b)(2)(B), as amended

by Pub. L. 105-85, Sec. 1073(c)(9)(C), substituted ''the Department

of Defense;'' for ''his military department,''.

Subsec. (c). Pub. L. 104-201, Sec. 1606(b)(3), substituted

''Secretary of Defense'' for ''Secretary of each military

department'' and ''the Department of Defense'' for ''his military

department''.

Subsec. (d). Pub. L. 104-201, Sec. 1606(b)(4), substituted

''Secretary of Defense'' for ''Secretary of each military

department''.

1980 - Subsec. (e). Pub. L. 96-470 struck out subsec. (e) which

required the Secretary of Defense, on or before the 15th day of

January in each calendar year beginning after Apr. 14, 1966, to

report to the respective Committees on Post Office and Civil

Service of the Senate and House of Representatives information on

teachers separated from teaching positions subsequent to the close

of the immediately preceding full school year and the number of new

teachers appointed to teaching positions at the beginning of the

school year current at time of the report, including the number of

such new teachers obtained through voluntary reciprocal interchange

agreements with school jurisdictions in the United States.

1966 - Subsec. (c). Pub. L. 89-391, Sec. 1(b), substituted

provisions for fixing the basic compensation for teachers and

teaching positions at rates equal to the average of the range of

rates of basic compensation for similar positions of a comparable

level of duties and responsibilities in urban school jurisdictions

in the United States of 100,000 or more population for former

provisions fixing such rates in relation to the rates of basic

compensation for similar positions in the United States but not

exceeding the highest rate of basic compensation for similar

positions of a comparable level of duties and responsibilities

under the municipal government of the District of Columbia.

Subsec. (e). Pub. L. 89-391, Sec. 1(c), inserted provisions

designated as subsec. (c) to section 5 of Pub. L. 86-91, but

codified as subsec. (e) of this section.

1959 - Subsec. (b). Pub. L. 86-370 substituted ''(33)'' for

''(32)'' in two places.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1073(c) of Pub. L. 105-85 provided that the amendment

made by that section is effective as of Sept. 23, 1996, and as if

included in the National Defense Authorization Act for Fiscal Year

1997, Pub. L. 104-201, as enacted.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendments of this section by Pub. L. 89-391 effective on first

day of first pay period beginning after Apr. 14, 1966, see section

2 of Pub. L. 89-391, set out as a note under section 902 of this

title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-370 effective on first day of first pay

period which begins after Sept. 23, 1959, see section 7(b) of Pub.

L. 86-370, set out as a note under section 3 of Title 35, Patents.

TEACHERS EMPLOYED BY CANAL ZONE GOVERNMENT SCHOOL SYSTEM ON

SEPTEMBER 30, 1979

Subsec. (c) of this section not to apply with respect to any

teacher who was employed by the Canal Zone Government school system

on September 30, 1979, and who was transferred from such position

to a teaching position which is under the Department of Defense

Overseas Dependent School System and the permanent duty station of

which is in the Republic of Panama, until the rates of basic

compensation established under subsec. (c) of this section equal or

exceed the rates of basic compensation then in effect for teachers

who were so transferred, see section 3671(c)(1) of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3671.

-CITE-

20 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 904. Leave

-STATUTE-

(a) Entitlement; amount

Subject to the regulations prescribed and issued by the Secretary

of Defense under section 902 of this title, each teacher (other

than an individual employed as a substitute teacher) shall be

entitled to cumulative leave, with pay, which shall accrue at the

rate of one day for each calendar month, or part thereof, of a

school year, except that if the school year includes more than

eight months, any such teacher who shall have served for the entire

school year shall be entitled to ten (or, if such teacher is

employed in a supervisory position or higher, not less than ten and

not more than thirteen) days of cumulative leave with pay.

(b) Saturdays, Sundays, holidays, and nonwork days

Saturdays, Sundays, regularly scheduled holidays, and other

administratively authorized nonwork days shall not be considered to

be days of leave for the purposes of subsection (a) of this

section.

(c) Purposes for taking leave

Subject to the regulations prescribed and issued by the Secretary

of Defense, leave earned by any teacher under subsection (a) of

this section may be used by such teacher -

(1) for maternity purposes,

(2) in the event of the illness of such teacher,

(3) in the event of illness, contagious disease, or death in

the immediate family of such teacher, and

(4) in the event of any personal emergency.

If appropriate advance notice is given of the intended absence of a

teacher, not to exceed three days of such leave may be granted for

any purpose in each school year to such teacher.

(d) Credit for persons holding teaching positions and for employees

transferred, promoted or reappointed

Any individual -

(1) who is holding a position which is determined to be a

teaching position, or

(2) who is an employee of the Federal Government or the

municipal government of the District of Columbia who is

transferred, promoted, or reappointed, without break in service,

from a position under a different leave system to a teaching

position,

shall be credited, for the purposes of the leave system provided by

this section, with the annual and sick leave to his credit

immediately prior to the effective date of such determination,

transfer, promotion, or reappointment. Sick leave so credited

shall be included in the leave provided for in subsection (a) of

this section. Annual leave so credited shall not be included in

the leave provided for in such subsection but shall be used under

regulations which shall be prescribed by the Secretary of Defense.

(e) Excess of maximum amount of accumulated leave; reduction

In any case in which the amount of sick leave, which is to the

credit of any individual under a different leave system immediately

prior to the date on which he becomes subject as a teacher to the

leave system provided by this section and which is included in the

leave provided for in subsection (a) of this section, is in excess

of the maximum amount of accumulated leave allowable under

subparagraph (2) of such subsection, such excess shall remain to

the credit of such teacher until used, but the use during any leave

year of an amount in excess of the aggregate amount which shall

have accrued during such year shall reduce automatically the

maximum allowable amount of accumulated leave at the beginning of

the next leave year until such amount no longer exceeds the maximum

amount allowable under subparagraph (2) of subsection (a) of this

section.

(f) Liquidation of unused leave upon separation

Any annual leave remaining, upon his separation from the service,

to the credit of an individual within the purview of this section

shall be liquidated in accordance with section 5551 of title 5,

except that leave earned or included under subsection (a) of this

section shall not be liquidated.

(g) Transfer of leave credit for teachers transferred, promoted or

reappointed to positions under different leave system

In the case of any teacher who is transferred, promoted, or

reappointed, without break in service, to a position under a

different leave system, the annual leave, and any other leave

earned or credited under this section, which is to his credit

immediately prior to such transfer, promotion, or reappointment,

shall be transferred to his credit in the employing agency on an

adjusted basis in accordance with regulations which shall be

prescribed by the Director of the Office of Personnel Management.

(h) Voluntary leave transfer and bank programs

The Director of Dependents' Education, in consultation with the

Director of the Office of Personnel Management -

(1) shall establish for teachers a voluntary leave transfer

program similar to the one under subchapter III of chapter 63 of

title 5; and

(2) may establish for teachers a voluntary leave bank program

similar to the one under subchapter IV of chapter 63 of title 5.

Only leave described in the last sentence of subsection (c) of this

section (relating to leave that may be used by a teacher for any

purpose) may be transferred under any program established under

this subsection.

-SOURCE-

(Pub. L. 86-91, Sec. 6, July 17, 1959, 73 Stat. 214; 1978 Reorg.

Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.

3783; Pub. L. 98-369, div. B, title II, Sec. 2204, July 18, 1984,

98 Stat. 1059; Pub. L. 103-425, Sec. 1, Oct. 31, 1994, 108 Stat.

4369.)

-COD-

CODIFICATION

In subsec. (f), ''section 5551 of title 5'' substituted for ''the

Act of December 21, 1944 (5 U.S.C. 61b and the following)'' on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

Section was formerly classified to section 2354 of Title 5 prior

to the general revision and enactment of Title 5 by Pub. L. 89-554,

Sec. 1, Sept. 6, 1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-425, Sec. 1(1), inserted ''(or,

if such teacher is employed in a supervisory position or higher,

not less than ten and not more than thirteen)'' after ''ten''.

Subsec. (d). Pub. L. 103-425, Sec. 1(2), substituted ''Secretary

of Defense'' for ''Secretary of the military department concerned''

in concluding provisions.

Subsec. (h). Pub. L. 103-425, Sec. 1(3), added subsec. (h).

1984 - Subsec. (a). Pub. L. 98-369 struck out provisions which

had directed that not more than seventy-five days of leave could be

accumulated to the credit of a teacher at any one time under this

subsection.

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted

for ''United States Civil Service Commission'' in subsec. (g),

pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92

Stat. 3783, set out under section 1101 of Title 5, Government

Organization and Employees, which transferred functions vested by

statute in Civil Service Commission to Director of Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3671.

-CITE-

20 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 905. Quarters, quarters allowances, and storage

-STATUTE-

(a) Entitlement

Under regulations which shall be prescribed by or under authority

of the President, each teacher (other than a teacher employed in a

substitute capacity) shall be entitled, in addition to basic

compensation, to quarters, quarters allowance, and storage as

provided by this section.

(b) Furnishing of living quarters or grant of allowance

Each teacher (other than a teacher employed in a substitute

capacity) shall be entitled, for each school year for which he

performs services as a teacher, to quarters or a quarters allowance

equal to those authorized by section 5912 of title 5.

(c) Recess periods

Each teacher (other than a teacher employed in a substitute

capacity) who is performing services as a teacher at the close of a

school year and agrees in writing to serve as a teacher for the

next school year may be authorized, for the recess period

immediately preceding such next school year -

(1) quarters or a quarters allowance equal to those authorized

by section 5912 of title 5, or

(2) in lieu of such quarters or quarters allowance, storage

(including packing, drayage, unpacking, and transportation to and

from storage) of his household effects and personal possessions.

(d) Failure to report for service; liability to United States

If a teacher does not report for service at the beginning of the

next school year, he shall, except for reasons beyond his control

and acceptable to the Department of Defense, be obligated to the

United States in an amount equal to any quarters allowance which he

may have received under subsection (c) of this section or in an

amount equal to the reasonable value of any quarters or storage

which he may have received under such subsection, or both, as the

case may be.

(e) Employment in other positions during recess periods

Quarters, quarters allowance, and storage provided under this

section shall be in lieu of any quarters, quarters allowance, and

storage to which he otherwise might be entitled by reason of

employment in another position during any recess period between two

school years.

(f) Lease of military family housing by teacher assigned to teach

at Guantanamo Bay Naval Station, Cuba

(1) A teacher assigned to teach at Guantanamo Bay Naval Station,

Cuba, who is not accompanied at such station by any dependent shall

be offered for lease any available military family housing at such

station that is suitable for occupancy by the teacher and is not

needed to house members of the armed forces and dependents

accompanying them or other civilian personnel and any dependents

accompanying them.

(2) For any period for which military family housing is leased

under paragraph (1) to a teacher described in such paragraph, the

teacher shall receive a quarters allowance in the amount determined

under subsection (b) of this section. The teacher is entitled to

such quarters allowance without regard to whether other Government

furnished quarters are available for occupancy by the teacher

without charge to the teacher.

-SOURCE-

(Pub. L. 86-91, Sec. 7, July 17, 1959, 73 Stat. 216; Pub. L.

87-172, Sec. 1, Aug. 30, 1961, 75 Stat. 409; Pub. L. 107-314, div.

A, title III, Sec. 342, Dec. 2, 2002, 116 Stat. 2515.)

-COD-

CODIFICATION

In subsecs. (b) and (c)(1), ''section 5912 of title 5''

substituted for ''the Act of June 26, 1930 (5 U.S.C. 118a)'' on

authority of Pub. L. 89-554, Sec. 7(b), June 6, 1966, 80 Stat. 631,

the first section of which enacted Title 5, Government Organization

and Employees.

Section was formerly classified to section 2355 of Title 5 prior

to the general revision and enactment of Title 5 by Pub. L. 89-554,

Sec. 1, Sept. 6, 1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 added subsec. (f).

1961 - Subsec. (d). Pub. L. 87-172 inserted ''except for reasons

beyond his control and acceptable to the Department of Defense''.

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in President by subsec. (a) of this section

concerning authority to prescribe regulations relating to quarters

and quarters allowances delegated to Secretary of State pursuant to

Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note

under section 707 of Title 38, Veterans' Benefits.

Authority of President under subsec. (a) of this section to

prescribe regulations relating to storage (including packing,

drayage, unpacking, and transportation to and from storage) of

household effects and personal possessions delegated to

Administrator of General Services, see section 1(19) of Ex. Ord.

No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under

section 301 of Title 3, The President.

Secretary of State empowered to prescribe regulations relating to

cost-of-living allowances, see section 4(a) of Ex. Ord. No. 10903,

Jan. 11, 1961, 26 F.R. 217, set out as a note under section 5921 of

Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title.

-CITE-

20 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 906. Entitlements in addition to basic compensation

-STATUTE-

(a) Cost-of-living increase and additional compensation

Under regulations which shall be prescribed by or under authority

of the President, each teacher (other than a teacher employed in a

substitute capacity) shall be entitled, in addition to basic

compensation, to -

(1) cost-of-living allowances equal to those authorized by

section 5924 of title 5, and

(2) additional compensation equal to that authorized under

section 5941 of title 5.

(b) Post differential

The cost-of-living allowances and additional compensation

provided under subsection (a) of this section for any teacher shall

be based on the teaching position in which he rendered services on

a school-year basis, except that, if such teacher is employed in

another position during any recess period between two school years,

such allowances and compensation for such recess period shall be

based on the position in which he is employed during such recess

period.

-SOURCE-

(Pub. L. 86-91, Sec. 8, July 17, 1959, 73 Stat. 216; Pub. L.

96-465, title II, Sec. 2206(d), Oct. 17, 1980, 94 Stat. 2162.)

-COD-

CODIFICATION

In subsec. (a)(2), ''section 5941 of title 5'' substituted for

''section 207 of the Independent Offices Appropriation Act, 1949 (5

U.S.C. 118h)'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

Section was formerly classified to section 2356 of Title 5 prior

to the general revision and enactment of Title 5 by Pub. L. 89-554,

Sec. 1, Sept. 6, 1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1980 - Subsec. (a)(1). Pub. L. 96-465 substituted reference to

section 5924 of title 5 for reference to section 1131(2) of title

22.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in President by subsec. (a) of this section

concerning authority to prescribe regulations relating to cost of

living allowances delegated to Secretary of State pursuant to Ex.

Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note

under section 707 of Title 38, Veterans' Benefits.

Functions of President under subsec. (a) of this section

delegated to Director of Bureau of the Budget, now Director of

Office of Management and Budget, see section 1(10) of Ex. Ord. No.

11230, June 28, 1965, 30 F.R. 8447, set out as a note under section

301 of Title 3, The President.

Secretary of State empowered to prescribe regulations relating to

quarters and quarters allowance, see section 4(a) of Ex. Ord. No.

10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under section

5921 of Title 5, Government Organization and Employees.

-MISC5-

REGULATIONS APPLICABLE TO PAYMENT OF ADDITIONAL COMPENSATION

For provisions relating to payment of additional compensation

authorized by subsec. (a)(2) of this section in accordance with the

regulations contained in Ex. Ord. No. 10000, see section 1-101 of

Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, set out as a note

under section 707 of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title.

-CITE-

20 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 25 - PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS

-HEAD-

Sec. 907. Applicability of other laws

-STATUTE-

In the case of any teacher who -

(1) is performing services as a teacher at the close of a

school year,

(2) agrees in writing to serve as a teacher for the next school

year, and

(3) is employed in another position in the recess period

immediately preceding such next school year, or, during such

recess period, receives quarters, allowances, or additional

compensation referred to in sections 905 and 906 of this title,

or both, as the case may be,

section 5533 of title 5 shall not apply to such teacher by reason

of any such employment during a recess period or any such receipt

of quarters, allowances, or additional compensation, or both, as

the case may be.

-SOURCE-

(Pub. L. 86-91, Sec. 10(b), July 17, 1959, 73 Stat. 217; Pub. L.

88-448, title IV, Sec. 401(n), Aug. 19, 1964, 78 Stat. 492.)

-COD-

CODIFICATION

''Section 5533 of title 5'' substituted in text for ''section 301

of the Dual Compensation Act'' on authority of Pub. L. 89-554, Sec.

7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 2358(b) of Title 5

period to the general revision and enactment of Title 5 by Pub. L.

89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.

-MISC3-

AMENDMENTS

1964 - Subsec. (b). Pub. L. 88-448 made section 301 of the Dual

Compensation Act inapplicable and struck out provisions which

referred to former section 62 of title 5 and section 6 of the act

of May 10, 1916.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5533.

-CITE-