### §2102. Employment of personnel

(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.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 2102(a) | 36:121 (3d par. 2d, 3d sentences). | Mar. 4, 1923, ch. 283, §1 (3d par.), 42 Stat. 1509; June 26, 1946, ch. 502, 60 Stat. 317; July 25, 1956, ch. 721, §1, 70 Stat. 640; Oct. 18, 1978, Pub. L. 95–479, title III, §306, 92 Stat. 1566; Oct. 7, 1980, Pub. L. 96–385, title V, §506, 94 Stat. 1537. |
| 2102(b) | 36:121 (3d par. 1st sentence).36:122a. | Sept. 26, 1996, Pub. L. 104–204, title III, (1st, last provisos in par. under heading "American Battle Monuments Commission"), 110 Stat. 2907. |
| 2102(c) | 36:121b. | |
| 2102(d) | 36:121 (3d par. last sentence). | |

Section

36:122a.

Sept. 26, 1996, Pub. L. 104–204, title III, (1st, last provisos in par. under heading "American Battle Monuments Commission"), 110 Stat. 2907.

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.

#### **Editorial Notes**

#### 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".