20 U.S.C. § 902 — Regulations of Secretary of Defense

Page 129 TITLE 20—EDUCATION § 902 amended Pub. L. 93–380, title I, § 111(a)(1), Aug. 21, 1974, 88 Stat. 513, authorized appropriations for fiscal years through fiscal year 1978. CHAPTER 25—PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS Sec. 901. Definitions. 902. Regulations of Secretary of Defense. 903. Administration. 904. Leave. 905. Quarters, quarters allowances, and storage. 906. Entitlements in addition to basic compensa- tion. 907. Applicability of other laws. § 901. Definitions 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 De- partment 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 teach- ing activities identified in regulations pre- scribed 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 edu- cational theory and practice equal to the academic credits in educational theory and practice required for a bachelor’s de- gree in education from an accredited insti- tution 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 or, in the case of a teaching position that in- volves instruction in the host-nation lan- guage, a local national when a citizen of the United States is not reasonably available to provide such instruction, (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 geo- graphical 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 posses- sions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Islands). (Pub. L. 86–91, § 2, July 17, 1959, 73 Stat. 213; Pub. L. 104–201, div. A, title XVI, § 1606(a), Sept. 23, 1996, 110 Stat. 2736; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(A), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 113–291, div. A, title V, § 564, Dec. 19, 2014, 128 Stat. 3384.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in par. (4), see section 3602(b) of Title 22, Foreign Relations and Intercourse. 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, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 2014—Par. (2)(A). Pub. L. 113–291 inserted ‘‘or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a cit- izen of the United States is not reasonably available to provide such instruction’’ before comma at end. 1997—Par. (1)(A). Pub. L. 105–85 made technical cor- rections to Pub. L. 104–201, § 1606(a)(1). See 1996 Amend- ment note below. 1996—Par. (1)(A). Pub. L. 104–201, § 1606(a)(1), as amended by Pub. L. 105–85, inserted ‘‘or are performed by an individual who carried out certain teaching ac- tivities identified in regulations prescribed by the Sec- retary of Defense;’’ after ‘‘Defense,’’. Par. (2)(C). Pub. L. 104–201, § 1606(a)(2), added subpar. (C) and struck out former subpar. (C) which read as fol- lows: ‘‘whose services are required on a school-year basis in a teaching position.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted. SHORT TITLE Pub. L. 86–91, § 1, July 17, 1959, 73 Stat. 213, provided that: ‘‘This Act [enacting this chapter and provisions now contained in section 5102(c)(22) of Title 5, Govern- ment Organization and Employees] may be cited as the ‘Defense Department Overseas Teachers Pay and Per- sonnel Practices Act’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 902. Regulations of Secretary of Defense (a) Employment, compensation, etc., of teachers Not later than the ninetieth day following July 17, 1959, the Secretary of Defense shall pre- scribe 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 com- parable 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 compensa- tion; (4) the payment of compensation to teach- ers; Page 130 TITLE 20—EDUCATION § 903 (5) the appointment of teachers; (6) the conditions of employment of teach- ers; (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 com- pensation for teachers; and (10) such other matters as may be relevant and appropriate to the purposes of this chap- ter. (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. (Pub. L. 86–91, § 4, July 17, 1959, 73 Stat. 214; Pub. L. 89–391, § 1(a), Apr. 14, 1966, 80 Stat. 117.) Editorial Notes 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, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1966—Subsec. (a)(2). Pub. L. 89–391 substituted provi- sions for issuance of regulations to fix basic compensa- tion for teachers and teaching positions at rates equal to the average of the range of rates of basic compensa- tion for similar positions of a comparable level of du- ties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population for former provisions fixing basic compensation for teach- ing positions in relation to rates of basic compensation for similar positions in the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–391, § 2, Apr. 14, 1966, 80 Stat. 118, 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].’’ § 903. Administration (a) Employment and salary practices The Secretary of Defense shall conduct the employment and salary practices applicable to teachers and teaching positions in the Depart- ment of Defense in accordance with this chap- ter, other applicable law, and the regulations prescribed and issued by the Secretary of De- fense under section 902 of this title. (b) Determination of exempt positions and indi- viduals; establishment of annual salary rate Subject to section 5103 of title 5, the Secretary of Defense— (1) shall determine the applicability of para- graph (22) of section 5102(c) of title 5 to posi- tions and individuals in the Department of De- fense; 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 appli- cable. (c) Rates of basic compensation The Secretary of Defense shall fix the basic compensation for teachers and teaching posi- tions 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 De- fense The Secretary of Defense may prescribe and issue such regulations as he deems appropriate to carry out his functions under this chapter. (Pub. L. 86–91, § 5, July 17, 1959, 73 Stat. 214; Pub. L. 86–370, § 6(b), Sept. 23, 1959, 73 Stat. 652; Pub. L. 89–391, § 1(b), (c), Apr. 14, 1966, 80 Stat. 117; Pub. L. 96–470, title I, § 104(b), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 104–201, div. A, title XVI, § 1606(b), Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(B), (C), Nov. 18, 1997, 111 Stat. 1904.) Editorial Notes 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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. 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 exe- cuted 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, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1997—Subsec. (a). Pub. L. 105–85, § 1073(c)(9)(B), made technical correction to Pub. L. 104–201, § 1606(b)(1)(A). See 1996 Amendment note below. Subsec. (b)(1). Pub. L. 105–85, § 1073(c)(9)(C), made technical correction to Pub. L. 104–201, § 1606(b)(2)(B). See 1996 Amendment note below. 1996—Subsec. (a). Pub. L. 104–201, § 1606(b)(1)(B), sub- stituted ‘‘the Department of Defense’’ for ‘‘his military department’’. Pub. L. 104–201, § 1606(b)(1)(A), as amended by Pub. L. 105–85, § 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, § 1606(b)(2)(A), substituted ‘‘Secretary of Defense—’’ for ‘‘secretary of each mili- tary department—’’ in introductory provisions. Subsec. (b)(1). Pub. L. 104–201, § 1606(b)(2)(B), as amended by Pub. L. 105–85, § 1073(c)(9)(C), substituted ‘‘the Department of Defense;’’ for ‘‘his military depart- ment,’’. Subsec. (c). Pub. L. 104–201, § 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, § 1606(b)(4), substituted ‘‘Secretary of Defense’’ for ‘‘Secretary of each military department’’.