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Title 20 — Education

Chapter 25 — Pay and Personnel Program for Overseas Teachers

§ 905. Quarters, quarters allowances, and storage

Statutory text

(a)

Entitlement

Under regulations which shall be prescribed by or under authority of the President, each teacher (other than a teacher employed in a substitute capacity) shall be entitled, in addition to basic compensation, to quarters, quarters allowance, and storage as provided by this section.

(b)

Furnishing of living quarters or grant of allowance

Each teacher (other than a teacher employed in a substitute capacity) shall be entitled, for each school year for which he performs services as a teacher, to quarters or a quarters allowance equal to those authorized by section 5912 of title 5.

(c)

Recess periods

Each teacher (other than a teacher employed in a substitute capacity) who is performing services as a teacher at the close of a school year and agrees in writing to serve as a teacher for the next school year may be authorized, for the recess period immediately preceding such next school year—

(1)

quarters or a quarters allowance equal to those authorized by section 5912 of title 5, or

(2)

in lieu of such quarters or quarters allowance, storage (including packing, drayage, unpacking, and transportation to and from storage) of his household effects and personal possessions.

(d)

Failure to report for service; liability to United States

If a teacher does not report for service at the beginning of the next school year, he shall, except for reasons beyond his control and acceptable to the Department of Defense, be obligated to the United States in an amount equal to any quarters allowance which he may have received under subsection (c) of this section or in an amount equal to the reasonable value of any quarters or storage which he may have received under such subsection, or both, as the case may be.

(e)

Employment in other positions during recess periods

Quarters, quarters allowance, and storage provided under this section shall be in lieu of any quarters, quarters allowance, and storage to which he otherwise might be entitled by reason of employment in another position during any recess period between two school years.

(f)

Lease of military family housing by teacher assigned to teach at Guantanamo Bay Naval Station, Cuba

(1)

A teacher assigned to teach at Guantanamo Bay Naval Station, Cuba, who is not accompanied at such station by any dependent shall be offered for lease any available military family housing at such station that is suitable for occupancy by the teacher and is not needed to house members of the armed forces and dependents accompanying them or other civilian personnel and any dependents accompanying them.

(2)

For any period for which military family housing is leased under paragraph (1) to a teacher described in such paragraph, the teacher shall receive a quarters allowance in the amount determined under subsection (b). The teacher is entitled to such quarters allowance without regard to whether other Government furnished quarters are available for occupancy by the teacher without charge to the teacher.

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 § 7 · 73 Stat. 213

    Enacted · 20 U.S.C. § 905

    Pub. L. 86–91, § 7, July 17, 1959, 73 Stat. 216

    Source evidence

    Code source credit
    Pub. L. 86–91, § 7, July 17, 1959, 73 Stat. 216

    Enacted provision · exact public law section
    Sec. 7. quarters, quarters allowances, and storage (a) Under regulations which shall be prescribed by or under authority of the President, each teacher (other than a teacher employed in a substitute capacity) shall be entitled, in addition to basic compensation, to quarters, quarters allowance, and storage as provided by this section. (b) Each teacher (other than a teacher employed in a substitute capacity) shall be entitled, for each school year for which he performs services as a teacher, to quarters or a quarters allowance equal to those 46 Stat. 818. authorized by the Act of June 26, 1930 (5 U.S.C. 118a). (c) Each teacher (other than a teacher employed in a substitute capacity) who is performing services as a teacher at the close of a school year and agrees in writing to serve as a teacher for the next school year may be authorized, for the recess period immediately preceding such next school year— (1) quarters or a quarters allowance equal to those authorized 46 Stat. 818. by the Act of June 26, 1930 (5 U.S.C. 118a), or (2) in lieu of such quarters or quarters allowance, storage (including packing, drayage, unpacking, and transportation to and from storage) of his household effects and personal possessions. (d) If a teacher does not report for service at the beginning of the next school year, he shall be obligated to the United States in an amount equal to any quarters allowance which he may have received under subsection (c) of this section or in an amount equal to the reasonable value of any quarters or storage which he may have received under such subsection, or both, as the case may be. (e) Quarters, quarters allowance, and storage provided under this section shall be in lieu of any quarters, quarters allowance, and storage to which he otherwise might be entitled by reason of employment in another position during any recess period between two school years.

  2. Pub. L. 87–172 § 1 · 75 Stat. 409

    Inserted · 20 U.S.C. § 905(d)

    Pub. L. 87–172 inserted “except for reasons beyond his control and acceptable to the Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 87–172 inserted “except for reasons beyond his control and acceptable to the Department of Defense”.

  3. Pub. L. 107–314 div. A title III § 342 · 116 Stat. 2458

    Added · 20 U.S.C. § 905(f)

    Pub. L. 107–314 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 107–314 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 342. HOUSING BENEFITS FOR UNACCOMPANIED TEACHERS REQUIRED TO LIVE AT GUANTANAMO BAY NAVAL STATION, CUBA. Section 7 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 905) is amended by adding at the end the following new subsection: “(f) (1) A teacher assigned to teach at Guantanamo Bay Naval Station, Cuba, who is not accompanied at such station by any dependent shall be offered for lease any available military family housing at such station that is suitable for occupancy by the teacher and is not needed to house members of the armed forces and dependents accompanying them or other civilian personnel and any dependents accompanying them. “(2) For any period for which military family housing is leased under paragraph (1) to a teacher described in such paragraph, the teacher shall receive a quarters allowance in the amount determined under subsection (b). The teacher is entitled to such quarters allowance without regard to whether other Government furnished quarters are available for occupancy by the teacher without charge to the teacher.”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

In subsecs. (b) and (c)(1), “section 5912 of title 5” substituted for “the Act of (5 U.S.C. 118a)” on authority of Pub. L. 89–554, § 7(b), , 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 2355 of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, , 80 Stat. 378.

Amendments1961–2002 · 2 rounds

2002

Subsec. (f). Pub. L. 107–314 added subsec. (f).

1961

Subsec. (d). Pub. L. 87–172 inserted “except for reasons beyond his control and acceptable to the Department of Defense”.

Executive Documents

Delegation of Functions

Functions vested in President by subsec. (a) of this section concerning authority to prescribe regulations relating to quarters and quarters allowances delegated to Secretary of State pursuant to Ex. Ord. No. 12228, , 45 F.R. 49903, set out as a note under section 707 of Title 38, Veterans’ Benefits.

Authority of President under subsec. (a) of this section to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions delegated to Administrator of General Services, see section 1(19) of Ex. Ord. No. 11609, , 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Secretary of State empowered to prescribe regulations relating to cost-of-living allowances, see section 4(a) of Ex. Ord. No. 10903, , 26 F.R. 217, set out as a note under section 5921 of Title 5, Government Organization and Employees.

Credits

1959–2002 · 3 acts
  1. 1959Pub. L. 86–91, § 7, , 73 Stat. 216
  2. 1961Pub. L. 87–172, § 1, , 75 Stat. 409
  3. 2002Pub. L. 107–314, div. A, title III, § 342, , 116 Stat. 2515.
Show as published

(Pub. L. 86–91, § 7, , 73 Stat. 216; Pub. L. 87–172, § 1, , 75 Stat. 409; Pub. L. 107–314, div. A, title III, § 342, , 116 Stat. 2515.)

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