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36 U.S.C. § 2102 — Employment of personnel

Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), 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 State

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Source location: Title 36, Chapter 21, § 2102; chapter-021-american-battle-monuments-commission.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2102 — The competitive service

**(a)** The “competitive service” consists of— (1) all civil service positions in the executive branch, except— (A) positions which are specifically excepted from the competitive service by or under statute; (B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and (C) positions in the Senior Executive Service; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and (3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute. **(b)** Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. **(c)** As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 2102 — Employment of personnel

Page 58 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2102 Subsection (c) is based on 36:122 which is from the 2d proviso in the paragraph under the heading ‘‘American Battle Monuments Commission’’ in title III of the De- partments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropria- tions Act, 1997 (Public Law 104–204, 110 Stat. 2907). The provision has been repeated each year in prior appro- priations acts and therefore is restated as a permanent provision. For prior provisions, see citations under 36:122 (1994 ed.). In the restatement, the words ‘‘in the same way as’’ are substituted for ‘‘as provided for’’ for clarity and consistency in the revised title. Editorial Notes AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–263 substituted ‘‘sec- tion 405’’ for ‘‘section 475’’. 2013—Subsec. (b)(2). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below. 2011—Subsec. (b)(2). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘475’’ for ‘‘405’’. 1999—Subsec. (b)(2). Pub. L. 106–117, § 604(1)(A), struck out ‘‘, United States Code,’’ after ‘‘title 37’’. Subsec. (b)(3). Pub. L. 106–117, § 604(1)(B), struck out ‘‘, United States Code,’’ after ‘‘title 5’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. § 2102. Employment of personnel (a) GENERAL.—Within the limits of an appro- priation made to employ personnel, the Amer- ican Battl

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