20 U.S.C. § 905 — Quarters, quarters allowances, and storage

Page 132 TITLE 20—EDUCATION § 905 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 separa- tion from the service, to the credit of an indi- vidual 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 trans- ferred, 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 sys- tem, 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 trans- ferred 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 sub- section (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. (Pub. L. 86–91, § 6, July 17, 1959, 73 Stat. 214; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98–369, div. B, title II, § 2204, July 18, 1984, 98 Stat. 1059; Pub. L. 103–425, § 1, Oct. 31, 1994, 108 Stat. 4369.) Editorial Notes CODIFICATION In subsec. (f), ‘‘section 5551 of title 5’’ substituted for ‘‘the Act of December 21, 1944 (5 U.S.C. 61b and the fol- lowing)’’ on authority of Pub. L. 89–554, § 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, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–425, § 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, § 1(2), substituted ‘‘Sec- retary of Defense’’ for ‘‘Secretary of the military de- partment concerned’’ in concluding provisions. Subsec. (h). Pub. L. 103–425, § 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘United States Civil Service Commis- sion’’ in subsec. (g), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under sec- tion 1101 of Title 5, Government Organization and Em- ployees, 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. § 905. Quarters, quarters allowances, and storage (a) Entitlement Under regulations which shall be prescribed by or under authority of the President, each teach- er (other than a teacher employed in a sub- stitute capacity) shall be entitled, in addition to basic compensation, to quarters, quarters allow- ance, and storage as provided by this section. (b) Furnishing of living quarters or grant of al- lowance 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 serv- ices 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 allow- ance, storage (including packing, drayage, un- packing, and transportation to and from stor- age) of his household effects and personal pos- sessions. (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, ex- cept for reasons beyond his control and accept- able 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 pro- vided under this section shall be in lieu of any Page 133 TITLE 20—EDUCATION § 906 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 accom- panied at such station by any dependent shall be offered for lease any available military family housing at such station that is suitable for occu- pancy by the teacher and is not needed to house members of the armed forces and dependents ac- companying 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 teach- er described in such paragraph, the teacher shall receive a quarters allowance in the amount de- termined under subsection (b). The teacher is entitled to such quarters allowance without re- gard to whether other Government furnished quarters are available for occupancy by the teacher without charge to the teacher. (Pub. L. 86–91, § 7, July 17, 1959, 73 Stat. 216; Pub. L. 87–172, § 1, Aug. 30, 1961, 75 Stat. 409; Pub. L. 107–314, div. A, title III, § 342, Dec. 2, 2002, 116 Stat. 2515.) Editorial Notes CODIFICATION In subsecs. (b) and (c)(1), ‘‘section 5912 of title 5’’ sub- stituted for ‘‘the Act of June 26, 1930 (5 U.S.C. 118a)’’ on authority of Pub. L. 89–554, § 7(b), June 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Govern- ment 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, § 1, Sept. 6, 1966, 80 Stat. 378. 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 De- partment of Defense’’. Executive Documents 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 sec- tion 707 of Title 38, Veterans’ Benefits. Authority of President under subsec. (a) of this sec- tion to prescribe regulations relating to storage (in- cluding packing, drayage, unpacking, and transpor- tation 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 sec- tion 301 of Title 3, The President. Secretary of State empowered to prescribe regula- tions 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. § 906. Entitlements in addition to basic com- pensation (a) Cost-of-living increase and additional com- pensation Under regulations which shall be prescribed by or under authority of the President, each teach- er (other than a teacher employed in a sub- stitute 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 serv- ices 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 re- cess period shall be based on the position in which he is employed during such recess period. (Pub. L. 86–91, § 8, July 17, 1959, 73 Stat. 216; Pub. L. 96–465, title II, § 2206(d), Oct. 17, 1980, 94 Stat. 2162.) Editorial Notes CODIFICATION In subsec. (a)(2), ‘‘section 5941 of title 5’’ substituted for ‘‘section 207 of the Independent Offices Appropria- tion Act, 1949 (5 U.S.C. 118h)’’ on authority of Pub. L. 89–554, § 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, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1980—Subsec. (a)(1). Pub. L. 96–465 substituted ref- erence to section 5924 of title 5 for reference to section 1131(2) of title 22. Statutory Notes and Related Subsidiaries 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. Executive Documents 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 Sec- retary 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 sec- tion delegated to Director of Bureau of the Budget, now Director of Office of Management and Budget, see sec- tion 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 regula- tions relating to quarters and quarters allowance, see section 4(a) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R.