An Act to govern the salaries and personnel practices applicable to teachers, certain school officers, and other employees of the dependents schools of the Department of Defense in oversea areas, and for other purposes.
PL 86-91 (S.96), enacted 07/17/1959

July V.r, 1959 
[S.96] 
73 S T A T . ] 
PUBLIC LAW 86-9 1 - J U L Y 17, 1959 
213 
Public Law 86-91 
AN ACT 
To govern the salaries and personnel practices applicable to teachers, certain 
school oflBcers, and other employees of the dependents schools of the Depart-
ment of Defense in overseas areas, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress asserribled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Defense Department ^^^f"o'^ve^reTs 
Overseas Teachers Pay and Personnel Practices Act". 
Teachers ^ay^and 
Personnel 
P r a o 
DEFINITIONS 
"'^^^ ^'^^' 
SEC. 2. 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). 
EXEMPTION OF TEACHERS AND TEACHING POSITIONS FROM CLASSIFICATION 
ACT OF 1 9 4 9 
SEC. 3. Section 202 of the Classification Act of 1949, as amended 
(5 U.S.C. 1082), is amended by adding at the end thereof the following 
paragraph; 
"(32) 'teachers' and 'teaching positions' as defined in the 
Defense Department Overseas Teachers Pay and Personnel 
Practices Act." 
63 Stat. 954. 
214 
PUBLIC LAW 86-91-JULY 17, 1959 
[73 S T A T . 
REGULATIONS 
OF 
SECRETARY 
OF 
DEFENSE 
SEC. 4. (a) Not later than the ninetieth day following the date 
of enactment of this Act, the Secretary of Defense shall prescribe and 
issue regulations to carry out the purposes of this Act. 
Such regula-
tions shall govern— 
(1) the establishment of teaching positions; 
(2) the fixing of the rates of basic compensation for teaching 
positions in relation to the rates of basic compensation for similar 
positions in the United States; 
(3) the entitlement of teachers to compensation; 
(4) the payment of compensation to teachers; 
(5) the appointment of teachers; 
(6) the conditions of employment of teachers; 
(7) the len^h of the school year or school years applicable to 
teaching positions; 
(8) the leave system for teachers; 
(9) quarters, allowances, and additional compensation for 
teachers; and 
(10) such other matters as may be relevant and appropriate to 
the purposes of this Act. 
(b) The regulations prescribed and issued by the Secretary of 
Defense under subsection (a) of this section shall become effective 
on such date as the Secretary of Defense shall prescribe but riot later 
than the ninetieth day following the date of issuance of such regula-
tions. 
ADMINISTRATION 
SEC. 5. (a) The secretary of each military department in the Depart-
ment of Defense shall conduct the employment and salary practices 
applicable to teachers and teaching positions in his military depart-
ment 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. 
scctiou 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 accord-
ance 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 func-
tions under this Act. 
LEAVE 
SEC. 6. (a) Subject to the regulations prescribed and issued by the 
Secretary of Defense under section 4 of this Act, each teacher (other 
than an individual employed as a substitute teacher) shall be entitled 
to cumulative leave, with pay, which shall accrue at the rate of one 
day for each calendar month, or part thereof, of a school year, except 
that— 
73 S T A T . ] 
PUBLIC LAW 86-91-JULY 17, 1859 
215 
(1) if the school year includes more than eight months, any 
such teacher who shall have served for the entire school year 
shall be entitled to ten days of cumulative leave with pay, and 
(2) not more than seventy-five days of leave may accumulate to 
the credit of a teacher at any one time under this subsection. 
(b) Saturdays, Sundays, regularly scheduled holidays, and other 
administratively authorized nonwork days shall not be considered to 
be days of leave for the purposes of subsection (a) of this section. 
(c) Subject to the regulations prescribed and issued by the Secre-
tary of Defense, leave earned by any teacher under subsection (a) of 
this section may be used by such teacher— 
(1) for maternity purposes, 
(2) in the event of the illness of such teacher, 
(3) in the event of illness, contagious disease, or death in the 
immediate family of such teacher, and 
(4) in the event of any personal emergency. 
If appropriate advance notice is given of the intended absence of a 
teacher, not to exceed three days of such leave may be granted for any 
purpose in each school year to such teacher. 
(d) Any individual— 
(1) who is holding a position which is determined to be a 
teaching position, or 
(2^ who is an employee of the Federal Government or the 
municipal government of the District of Columbia who is trans-
ferred, promoted, or reappointed, without break in service, from 
a position under a different leave system to a teaching position, 
shall be credited, for the purposes of the leave system provided by this 
section, with the annual and sick leave to his credit immediately prior 
to the effective date of such determination, transfer, promotion, or 
reappointment. 
Sick leave so credited shall be included in the leave 
provided for in subsection (a) of this section. Annual leave so 
credited shall not be included in the leave provided for in such sub-
section but shall be used under regulations which shall be prescribed 
by the Secretary of the military department concerned. 
(e) In any case in which the amount of sick leave, which is to the 
credit of any individual under a different leave system immediately 
prior to the date on which he becomes subject as a teacher to the leave 
system provided by this section and which is included in the leave pro-
vided for in subsection (a) of this section, is in excess of the maximum 
amount of accumulated leave allowable under subparagraph (2) of 
such subsection, such excess shall remain to the credit of such teacher 
until used, but the use during any leave year of an amount in excess 
of the aggregate amount which shall have accrued during such year 
shall reduce automatically the maximum allowable amount of accum-
ulated leave at the beginning of the next leave year until such amount 
no longer exceeds the maximum amount allowable under subpara-
graph (2) of subsection (a) of this section. 
(f) Any annual leave remaining, upon his separation from the 
service, to the credit of an individual within the purview of this sec-
tion shall be liquidated in accordance with the Act of December 21, 
1944 (5 U.S.C. 61b and the following), except that leave earned or 
included under subsection (a) of this section shall not be liquidated. 
(g) In the case of any teacher who is transferred, promoted, or 
reappointed, without break in service, to a position under a different 
leave system, the annual leave, and any other leave earned or credited 
under this section, which is to his credit immediately prior to such 
transfer, promotion, or reappointment, shall be transferred to his 
credit in the employing agency on an adjusted basis in accordance 
with regulations which shall be prescribed by the United States Civil 
Service Commission. 
58 Stat. 845. 
216 
PUBLIC LAW 86-91-JULY 17, 1959 
[73 STAT. 
QUARTERS, QUARTERS AIXOWANCES, AND STORAGE 
SEC. 7. (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. 
authorlzcd 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 pre-
ceding 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, dray 
age, unpacking, and transportation to 
and from storage) of his household effects and personal posses-
sions. 
(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 rea-
sonable 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 m 
another position during any recess period between two school years. 
COST-OF-LIVING ALLOWANCES AND POST DIFFERENTIAL 
SEC. 8. (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— 
(1) cost-of-living allowances equal to those authorized by sec-
tion 901(2) of the Foreign Service Act of 1946 (22 U.S.C. 
69 Stat. 27. 
1131(2)), aiid 
(2) additional compensation equal to that authorized under 
section 207 of the Independent Offices Appropriation Act, 1949 
1205.^'"'- '"'• 
(5U.S.C. 118h). 
(b) The cost-of-living allowances and additional compensation pro-
vided under subsection (a) of this section for any teacher shall be 
based on the teaching position in which he rendered services on a 
school-year beisis, except that, if such teacher is employed in another 
position during any recess period between two school years, such allow-
ances and compensation for such recess period shall be based on the 
position in which he is employed during such recess period. 
DETERMINATION OP PER A N N U M SALARY RATES OF TEACHING POSITIONS 
FOR PURPOSES OF CLASSIFICATION ACT OF 1 9 4 9 
SEO. 9. For the purposes of the application of section 802(a) of the 
63 Stat. 969. 
Classificatlon Act of 1949 (5 U.S.C. 1132(a)) to any individual hold-
73 STAT.] 
PUBLIC LAW 86-91-JULY 17, 1959 
217 
ing a teaching position who comes within the purview of any provision 
of such section 802(a), the rates of pay established for such position 
shall be deemed to have been increased by 20 per centum to determine 
the per annum salary rate of such position. 
APPXICABIIilTr OF CERTAIN EXISTING liAW 
SEC. 10. (a) The Annual and Sick Leave Act of 1951, as amended 
(5 U.S.C. 2061 and the following), and the Federal Employees Pay fi It^at! fgf: 
Act of 1945, as amended (5 U.S.C. 901 and the following), shall not 
apply to teachers and teaching positions. 
(b) In the case of any teacher who— 
(1) is performing services as a teacher at the close of a school 
year, 
(2) agrees in writing to serve as a teacher for the next school 
year, and 
(3) is employed in another position in the recess period imme-
diately precming such next school year, or, during such recess 
period, receives quarters, allowances, or additional compensation 
referred to in sections 7 and 8 of this Act, or both, as the case 
may be, 
section 2 of the Act of July 31, 1894 (5 U.S.C. 62), relative to the staf.?«: ^°^' ^^ 
holding of more than one office, section 6 of the Act of May 10, 1916 
3
9 stat! 120. 
(5 U.S.C. 58 and 59), relative to double salaries, and any other law 
relating to the receipt of more than one salary or the holding of more 
than one office shall not apply to such teacher by reason of any such 
employment during a recess period or any such receipt of quarters, 
allowances, or additional compensation, or both, as the case may be. 
(c) Notwithstanding any provision of law, employment of a teacher 
in the recess period between two school years in a position other than 
the teaching position in which he rendered service in the school year 
immediately preceding such recess period shall not be subject to the 
Federal Employees' Group Life Insurance Act of 1954 (5 U.S.C. 2091- 
^* ^
*
^
*
- ^^^• 
2103) or to the Civil Service Ketirement Act (5 U.S.C. 2251-2267). 
''^ ^*°*- '^^• 
SAVINGS PROVISION 
SEO. 11. The enactment of this Act shall not affect— 
(1) any teaching position existing immediately prior to the 
effective date of the regulations prescribed and issued by the 
Secretary of Defense under section 4 of this Act, 
(2) the compensation attached to such teaching position, or 
(3) any incumbent thereof, his appointment thereto, or his 
right to receive the compensation attached thereto, 
until appropriate action is taken under section 5 of this Act. 
EFFECTIVE DATES 
SEC. 12. (a) This section and sections 1, 2, 4, and 11 shall become 
effective on the date of enactment of this Act. 
(b) Sections 3, 5, 6, 7, 8, 9, and 10 shall become effective on the 
effective date of the regulations prescribed and issued by the Secretary 
of Defense under section 4 of this Act. 
Approved July 17, 1959.