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Title 20 — Education

Chapter 25 — Pay and Personnel Program for Overseas Teachers

§ 901. Definitions

Statutory text

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 or, in the case of a teaching position that involves instruction in the host-nation language, 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 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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 86–91 § 2 · 73 Stat. 213

    Enacted · 20 U.S.C. § 901

    Pub. L. 86–91, § 2, July 17, 1959, 73 Stat. 213

    Source evidence

    Code source credit
    Pub. L. 86–91, § 2, July 17, 1959, 73 Stat. 213

    Enacted provision · exact public law section
    Sec. 2. definitions For the purposes of this Act, 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, 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) whose services are required on a school-year basis in a teaching position. (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).

  2. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1606(a)(1) · 110 Stat. 2422

    1. Amended · 20 U.S.C. § 901(1)(A)

      Pub. L. 104–201, § 1606(a)(1), as amended by Pub. L. 105–85

    2. Inserted · 20 U.S.C. § 901(1)(A)

      Pub. L. 104–201, § 1606(a)(1), as inserted “or are performed by an individual who carried out certain teaching activities identified in regulations prescribed by the Secretary of Defense;” after “Defense,”

    Source evidence

    Code amendment note
    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 activities identified in regulations prescribed by the Secretary of Defense;” after “Defense,”.

    Enacted provision · exact public law section
    (1) in subparagraph (A) of paragraph (1), by inserting “, or are performed by an individual who carried out certain teaching activities identified in regulations prescribed by the Secretary of Defense” after “Defense,”; and

    Effective date note
    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 included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  3. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 1606(a)(2) · 110 Stat. 2422

    1. Added · 20 U.S.C. § 901(2)(C)

      Pub. L. 104–201, § 1606(a)(2), added subpar. (C)

    2. Struck · 20 U.S.C. § 901(2)(C)

      Pub. L. 104–201, § 1606(a)(2), struck out former subpar. (C) which read as follows: “whose services are required on a school-year basis in a teaching position.”

    Source evidence

    Code amendment note
    Par. (2)(C). Pub. L. 104–201, § 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.”

    Enacted provision · exact public law section
    (2) by striking out subparagraph (C) of paragraph (2) and inserting in lieu thereof the following: “(C) who is employed in a teaching position described in paragraph (1).”.

    Effective date note
    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 included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  4. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title X § 1073(c)(9)(A) · 111 Stat. 1629

    Changed · 20 U.S.C. § 901(1)(A)

    Pub. L. 105–85 made technical corrections to Pub. L. 104–201, § 1606(a)(1). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Par. (1)(A). Pub. L. 105–85 made technical corrections to Pub. L. 104–201, § 1606(a)(1). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (A) in subsection (a)(1)— (i) by striking out the comma before “or are”; and (ii) by inserting a semicolon after “Secretary of Defense”;

    Effective date note
    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 included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

  5. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title V § 564 · 128 Stat. 3292

    Inserted · 20 U.S.C. § 901(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 citizen of the United States is not reasonably available to provide such instruction” before comma at end

    Source evidence

    Code amendment note
    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 citizen of the United States is not reasonably available to provide such instruction” before comma at end.

    Enacted provision · exact public law section
    SEC. 564. AUTHORITY TO EMPLOY NON-UNITED STATES CITIZENS AS TEACHERS IN DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS’ SCHOOL SYSTEM.   Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting before the comma at the end the following: “or, in the case of a teaching position that involves instruction in the host-nation language, a local national when a citizen of the United States is not reasonably available to provide such instruction”.

7 of 7 references resolved to an enrolled provision

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, , 80 Stat. 378.

Amendments1996–2014 · 3 rounds

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 citizen 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 corrections to Pub. L. 104–201, § 1606(a)(1). See 1996 Amendment 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 activities identified in regulations prescribed by the Secretary 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 follows: “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), , 111 Stat. 1904, provided that the amendment made by that section is effective as of , and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.

Short Title

Pub. L. 86–91, § 1, , 73 Stat. 213, 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’.”

Executive Documents

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.

Credits

1959–2014 · 4 acts
  1. 1959Pub. L. 86–91, § 2, , 73 Stat. 213
  2. 1996Pub. L. 104–201, div. A, title XVI, § 1606(a), , 110 Stat. 2736
  3. 1997Pub. L. 105–85, div. A, title X, § 1073(c)(9)(A), , 111 Stat. 1904
  4. 2014Pub. L. 113–291, div. A, title V, § 564, , 128 Stat. 3384.
Show as published

(Pub. L. 86–91, § 2, , 73 Stat. 213; Pub. L. 104–201, div. A, title XVI, § 1606(a), , 110 Stat. 2736; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(A), , 111 Stat. 1904; Pub. L. 113–291, div. A, title V, § 564, , 128 Stat. 3384.)

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