36-U.S.C.-2102

§2102 – Employment of Personnel

Pathway

Title 36 > Subtitle I > Part B > Chapter 21 > Section 2102

Details

• Reference: Section 2102
• Legend: §2102 – Employment of Personnel
• USCode Year: 2013

Provision Content

(a) General.—Within the limits of an appropriation made to employ personnel, the American Battle Monuments Commission may employ personnel necessary to carry out this chapter. To ensure adequate care and maintenance of cemeteries, monuments, and memorials, the Commission, subject to the availability of appropriations, shall employ—

(1) at least 50 individuals in the competitive service (as defined in section 2102 of title 5), of whom at least 43 shall be assigned to duty in foreign countries where the cemeteries, monuments, and memorials are located; and

(2) at least 348 individuals who are citizens of the countries where the cemeteries, monuments, and memorials are located.

(b) Detailed Personnel.—On request of the Commission, the heads of departments, agencies, and instrumentalities of the United States Government may make available to the Commission their personnel and facilities to assist in carrying out this chapter, and may expend for that purpose amounts appropriated to the department, agency, and instrumentality. The Commission shall reimburse the department, agency, or instrumentality for the pay and allowances of personnel made available to the Commission.

(c) Station Allowance for Officers Assigned to the Commission.—For officers of the Armed Forces assigned to the Commission, the same station allowance shall be authorized for serving at foreign stations as the Secretary of the Army has authorized for officers of the Army.

(d) Citizenship Requirement.—An individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission only if the individual is a citizen of the United States.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1269; Pub. L. 105–354, §1(2), Nov. 3, 1998, 112 Stat. 3239; Pub. L. 106–117, title VI, §604(2), Nov. 30, 1999, 113 Stat. 1580.)

In subsection (a) before clause (1), the words or appropriations are omitted because of 1:1. The words further and under the jurisdiction of the Commission are omitted as unnecessary. In clause (2), the words who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials are omitted as unnecessary.

Subsections (b) and (c) are based in part on 36:121b and 122a, which are from the first and last provisos in the paragraph under the heading American Battle Monuments Commission in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provisions have been repeated each year in prior appropriations acts and therefore are restated as permanent provisions. For prior provisions, see citations under 36:121b and 122a (1994 ed.).

In subsection (b), the words departments, agencies, and instrumentalities are substituted for departments or agencies and departments, agencies, and services in 36:121 and agencies in 36:122a for consistency in the revised title and with other titles of the United States Code. The words or of the Army, Navy, Air Force, or Marine Corps in 36:121 and including the Armed Forces in 36:122a are omitted as included in department, agency, or instrumentality. The words as the case may be in 36:121 are omitted as unnecessary. The word salary in 36:122a is omitted as included in pay.

In subsection (c), the words Secretary of the Army are substituted for Department of the Army because of 10:3013(a)(1).

Pub. L. 105–354

This amends section 2102(b) of title 36 to clarify the language.

Amendments

1999—Subsec. (a)(1). Pub. L. 106–117 struck out , United States Code after title 5.

1998—Subsec. (b). Pub. L. 105–354 substituted personnel made available to the Commission for designated personnel.

U.S. Encyclopedia of Law Coverage

36-U.S.C.-702 in the Legal Encyclopedia: Patriotic Acts

In this entry about 36-U.S.C.-702, find legal reference material, bibliographies and premiere content related to patriotic acts in the American Encyclopedia of Law, presenting a comprehensive view of the United States patriotic acts-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 36 (Patriotic And National Observances, Ceremonies, And organizations) guided by subject interests.