§ 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.
