Title 20 — Education
Chapter 25 — Pay and Personnel Program for Overseas Teachers
§ 903. Administration
Statutory text
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.
Determination of exempt positions and individuals; establishment of annual salary rate
Subject to section 5103 of title 5, the Secretary of Defense—
shall determine the applicability of paragraph (22) of section 5102(c) of title 5 to positions and individuals in the Department of Defense; and
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.
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.
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.
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.
Pub. L. 86–91 § 5 · 73 Stat. 213
Enacted · 20 U.S.C. § 903
Pub. L. 86–91, § 5, July 17, 1959, 73 Stat. 214
Source evidence
Code source credit
Pub. L. 86–91, § 5, July 17, 1959, 73 Stat. 214Enacted provision · exact public law section
Sec. 5. administration (a) The secretary of each military department in the Department of Defense shall conduct the employment and salary practices applicable to teachers and teaching positions in his military department in accordance with this Act, other applicable law, and the regulations prescribed and issued by the Secretary of Defense under section 4 of this Act. (b) Subject to section 203 of the Classification Act of 1949 (5 U.S.C. 63 Stat. 956. 1083), the secretary of each military department— (1) shall determine the applicability of paragraph (32) of Ante, p. 213. section 202 of such Act, as added by section 3 of this Act, to positions and individuals in his military department, and (2) shall establish the appropriate annual salary rate in accordance with this Act for each such position and individual to which such paragraph (32) is determined to be applicable. (c) The Secretary of each military department shall fix the rates of basic compensation of teachers and teaching positions in his military department in relation to the rates of basic compensation for similar positions in the United States but no such rate of basic compensation so fixed shall exceed 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. (d) The Secretary of each military department may prescribe and issue such regulations as he deems appropriate to carry out his functions under this Act.Pub. L. 86–370 § 6(b) · 73 Stat. 650
Substituted · 20 U.S.C. § 903(b)
Pub. L. 86–370 substituted “(33)” for “(32)” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–370 substituted “(33)” for “(32)” in two places.Enacted provision · exact public law section
(b) Section 5(b) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 214; Public Law 86–91) is amended— (1) by striking out “paragraph (32) of section 202 of such Act, as added by section 3 of this Act,” and inserting in lieu thereof “paragraph (33) of section 202 of such Act, added by section 3 of this Act,”; and (2) by striking out “such paragraph (32)” and inserting in lieu thereof “such paragraph (33) ”.Pub. L. 89–391 § 1(b) · 80 Stat. 117
Substituted · 20 U.S.C. § 903(c)
Pub. L. 89–391, § 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 89–391, § 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.Pub. L. 89–391 § 1(c) · 80 Stat. 117
Inserted · 20 U.S.C. § 903(e)
Pub. L. 89–391, § 1(c), inserted provisions designated as subsec. (c) to section 5 of Pub. L. 86–91, but codified as subsec. (e) of this section
Source evidence
Code amendment note
Subsec. (e). Pub. L. 89–391, § 1(c), inserted provisions designated as subsec. (c) to section 5 of Pub. L. 86–91, but codified as subsec. (e) of this section.Congressional Reports Elimination Act of 1980
Pub. L. 96–470 title I § 104(b) · 94 Stat. 2237
Struck · 20 U.S.C. § 903(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(b) Section 5(c) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 903(e); 73 Stat. 214) is repealedNational Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(1)(B) · 110 Stat. 2422
Substituted · 20 U.S.C. § 903(a)
Pub. L. 104–201, § 1606(b)(1)(B), substituted “the Department of Defense” for “his military department”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–201, § 1606(b)(1)(B), substituted “the Department of Defense” for “his military department”.Enacted provision · exact public law section
(B) by striking out “his military department” and inserting in lieu thereof “the Department 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.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(1)(A) · 110 Stat. 2422
Amended · 20 U.S.C. § 903(a)
Pub. L. 104–201, § 1606(b)(1)(A), as amended by Pub. L. 105–85, § 1073(c)(9)(B)
Substituted · 20 U.S.C. § 903(a)
Pub. L. 104–201, § 1606(b)(1)(A), as substituted “Secretary of Defense shall” for “secretary of each military department in the Department of Defense shall”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(A) by striking out “Secretary of each military department in the Department of Defense” and inserting in lieu thereof “Secretary of Defense”; andEffective 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.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(2)(A) · 110 Stat. 2422
Substituted · 20 U.S.C. § 903(b)
Pub. L. 104–201, § 1606(b)(2)(A), substituted “Secretary of Defense—” for “secretary of each military department—” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–201, § 1606(b)(2)(A), substituted “Secretary of Defense—” for “secretary of each military department—” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking out “secretary of each military department—” and inserting in lieu thereof “Secretary of Defense—”; andEffective 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.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(2)(B) · 110 Stat. 2422
Amended · 20 U.S.C. § 903(b)(1)
Pub. L. 104–201, § 1606(b)(2)(B), as amended by Pub. L. 105–85, § 1073(c)(9)(C)
Substituted · 20 U.S.C. § 903(b)(1)
Pub. L. 104–201, § 1606(b)(2)(B), as substituted “the Department of Defense;” for “his military department,”
Source evidence
Code amendment note
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 department,”.Enacted provision · exact public law section
(B) in paragraph (1), by striking out “his military department,” and inserting in lieu thereof “the Department 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.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(3) · 110 Stat. 2422
Substituted · 20 U.S.C. § 903(c)
Pub. L. 104–201, § 1606(b)(3), substituted “Secretary of Defense” for “Secretary of each military department”
Substituted · 20 U.S.C. § 903(c)
Pub. L. 104–201, § 1606(b)(3), substituted “the Department of Defense” for “his military department”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) in subsection (c)— (A) by striking out “Secretary of each military department” and inserting in lieu thereof “Secretary of Defense”; and (B) by striking out “his military department” and inserting in lieu thereof “the Department or Defense”; and (4) in subsection (d), by striking out “Secretary of each military department” and inserting in lieu thereof “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.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1606(b)(4) · 110 Stat. 2422
Substituted · 20 U.S.C. § 903(d)
Pub. L. 104–201, § 1606(b)(4), substituted “Secretary of Defense” for “Secretary of each military department”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–201, § 1606(b)(4), substituted “Secretary of Defense” for “Secretary of each military department”.Enacted provision · exact public law section
(b) Transfer of Responsibility for Employment and Salary Practices.— Section 5 of such Act (20 U.S.C. 903) is amended— (1) in subsection (a)— (A) by striking out “Secretary of each military department in the Department of Defense” and inserting in lieu thereof “Secretary of Defense”; and (B) by striking out “his military department” and inserting in lieu thereof “the Department of Defense”; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking out “secretary of each military department—” and inserting in lieu thereof “Secretary of Defense—”; and (B) in paragraph (1), by striking out “his military department,” and inserting in lieu thereof “the Department of Defense”; (3) in subsection (c)— (A) by striking out “Secretary of each military department” and inserting in lieu thereof “Secretary of Defense”; and (B) by striking out “his military department” and inserting in lieu thereof “the Department or Defense”; and (4) in subsection (d), by striking out “Secretary of each military department” and inserting in lieu thereof “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.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1073(c)(9)(B) · 111 Stat. 1629
Changed · 20 U.S.C. § 903(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(B) in subsection (b)(1)(A), by striking out “Secretary of each” and inserting in lieu thereof “secretary of each”; andEffective 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.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1073(c)(9)(C) · 111 Stat. 1629
Changed · 20 U.S.C. § 903(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(C) in subsection (b)(2)(B), by inserting a semicolon after “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.
14 of 16 references resolved to an enrolled provision · 2 partial
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), , 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, § 1, , 80 Stat. 378.
Amendments1959–1997 · 5 rounds
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), substituted “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 military 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 department,”.
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”.
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 , 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, § 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, § 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.
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.
Effective Date of 1966 Amendment
Amendments of this section by Pub. L. 89–391 effective on first day of first pay period beginning after , 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 , 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 , 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.
Credits
1959–1997 · 6 acts
- 1959Pub. L. 86–91, § 5, , 73 Stat. 214
- 1959Pub. L. 86–370, § 6(b), , 73 Stat. 652
- 1966Pub. L. 89–391, § 1(b), (c), , 80 Stat. 117
- 1980Pub. L. 96–470, title I, § 104(b), , 94 Stat. 2238
- 1996Pub. L. 104–201, div. A, title XVI, § 1606(b), , 110 Stat. 2737
- 1997Pub. L. 105–85, div. A, title X, § 1073(c)(9)(B), (C), , 111 Stat. 1904.
Show as published
(Pub. L. 86–91, § 5, , 73 Stat. 214; Pub. L. 86–370, § 6(b), , 73 Stat. 652; Pub. L. 89–391, § 1(b), (c), , 80 Stat. 117; Pub. L. 96–470, title I, § 104(b), , 94 Stat. 2238; Pub. L. 104–201, div. A, title XVI, § 1606(b), , 110 Stat. 2737; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(B), (C), , 111 Stat. 1904.)