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§ 903. —  Administration.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC903]

 
                           TITLE 20--EDUCATION
 
       CHAPTER 25--PAY AND PERSONNEL PROGRAM FOR OVERSEAS TEACHERS
 
Sec. 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 
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.

(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.)

                          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.


                               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.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 3671.



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