20 U.S.C. § 901

Definitions

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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).(Pub. L. 86–91, § 2, July 17, 1959, 73 Stat. 213; Pub. L. 104–201, div. A, title XVI, § 1606(a), Sept. 23, 1996, 110 Stat. 2736; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(A), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 113–291, div. A, title V, § 564, Dec. 19, 2014, 128 Stat. 3384.)Editorial NotesReferences 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, Sept. 6, 1966, 80 Stat. 378.

Amendments

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 SubsidiariesEffective Date of 1997 Amendment

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.

Short Title

Pub. L. 86–91, § 1, July 17, 1959, 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 DocumentsTermination 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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1932–2022 · leading case: Virginia J. March v. United States of Am.. Virginia J. March v. United States, 506 F.2d 1306 (D.C. Cir. 1974).

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Virginia J. March v. United States of Am.. Virginia J. March v. United States, 506 F.2d 1306 (D.C. Cir. 1974). “Section 4 of the Act, as amended, provides: (a) Not later than the ninetieth day following July 17, 1959, the Secretary of Defense shall prescribe and issue regulations to carry out the purposes of this chapter.”

Dep't of Def. Dependents Schs. v. Fed. Labor Relations Auth., No. 87-1733, 863 F.2d 988 (D.C. Cir. 1988). “1974), DODDS was at liberty to negotiate over wages to the extent that the proposals did not relate to “basic compensation” under the Overseas Teachers Pay and Personnel Practices Act, 20 U.S.C. §§ 901 et seq. (1982). In the cases at hand, the Authority determined that DODDS…”

Occidental Life Ins. v. United States, 250 F. Supp. 130 (S.D. Cal. 1965). “Title 20 U.S.C. § 901 . Taxes of foreign countries and of possessions of United States * j|: * * (b) Amount allowed.”

Willcuts v. Investors' Syndicate, 57 F.2d 811 (8th Cir. 1932). “” The relevant statutes are as follows: Section 800, title 8, of the Revenue Act of 1926 (20 USCA § 901 and note) : “See. 800. On and after the expiration of thirty days after the enactment of this Act there shall be levied, collected, and paid, for and in respect of the several…”

Overseas Fed'n of Teachers v. United States, 674 F.2d 8 (D.C. Cir. 1982). “The Secretary is authorized pursuant to the provisions of the Defense Department Overseas Teachers Pay and Personnel Practices Act, as amended, 20 U.S.C. § 901 et seq. (the Act), to promulgate the conditions and terms of employment for overseas teachers.”

Aurich v. United States, 9 Cl. Ct. 1126 (Fed. Cir. 1986). · cites it 2× “20 U.S.C. §§ 901 et seq. (1982). . Panama Canal Act of 1979, Pub.”

Jeffrey Takada v. Dep't of Def. (MSPB 2022). · cites it 3× “¶3 Among the five issues which the administrative judge determined that the appellant had raised before the Office of Special Counsel (OSC), IAF, Tabs 5, 11-12, the administrative judge found that the appellant had made a protected disclosure regarding the agency’s violation of…”

Ferdik v. Dep't of Def., 158 F. App'x 286 (Fed. Cir. 2005). “According to 20 U.S.C. § 901 (2) (2000), a teacher at an overseas school operated by the agency must be a “citizen of the United States.”

Overseas Fed'n of Teachers v. United States of Am. Overseas Educ. Ass'n, Inc. v. United States of Am., 674 F.2d 34 (D.C. Cir. 1982). “The Secretary is authorized pursuant to the provisions of the Defense Department Overseas Teachers Pay and Personnel Practices Act, as amended, 20 U.S.C. § 901 et seq. (the Act), to promulgate the conditions and terms of employment for overseas teachers.”

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