Employment of reserves and retired members by foreign governments

1. Law
2. USC 37
3. Pay And Allowances Of The Uniformed Services
4. MISCELLANEOUS RIGHTS AND BENEFITS
5. Employment of reserves and retired members by foreign governments

§908. Employment of reserves and retired members by foreign governments

(a) Congressional Consent.-Subject to subsection (b), Congress consents to the following persons accepting civil employment (and compensation for that employment) for which the consent of Congress is required by the last paragraph of section 9 of article I of the Constitution, related to acceptance of emoluments, offices, or titles from a foreign government:

(1) Retired members of the uniformed services.

(2) Members of a reserve component of the armed forces.

(3) Members of the Commissioned Reserve Corps ¹ of the Public Health Service.

(b) Approval Required.-A person described in subsection (a) may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment.

(c) Annual Reports on Approvals for Retired General and Flag Officers.-Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on each approval under subsection (b) for employment or compensation described in subsection (a) for a retired member of the armed forces in general or flag officer grade that was issued during the preceding year.

(d) Military Service in Foreign Armed Forces.-For a provision of law providing the consent of Congress to service in the military forces of certain foreign nations, see section 1060 of title 10.

(Added Pub. L. 97–295, §3(6)(A), Oct. 12, 1982, 96 Stat. 1304 ; amended Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117 ; Pub. L. 103–160, div. A, title XIV, §1433(c), Nov. 30, 1993, 107 Stat. 1834 ; Pub. L. 103–337, div. A, title X, §1070(d)(6), Oct. 5, 1994, 108 Stat. 2858 ; Pub. L. 116–92, div. A, title VI, §651(a), Dec. 20, 2019, 133 Stat. 1431 .)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
908	37:801 (note).	Aug. 17, 1977, Pub. L. 95–105, §509(a)–(c), 91 Stat. 859 .

In subsection (a), the words "for which" are substituted for "with respect to which" for clarity.

The text of section 509(c) of the Act of August 17, 1977, is omitted as unnecessary because of the definitions in 37:101.

Editorial Notes

Amendments

2019-Subsecs. (c), (d). Pub. L. 116–92, §651(a), added subsec. (c) and redesignated former subsec. (c) as (d).

1994-Subsec. (c). Pub. L. 103–337 substituted "1060" for "1058".

1993-Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c).

1991-Subsec. (a). Pub. L. 102–25 struck out "of this section" after "subsection (b)".

Subsec. (b). Pub. L. 102–25 struck out "of this section" after "subsection (a)".

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 402(c)(3) of Title 42, The Public Health and Welfare.

Scope of First Report

Pub. L. 116–92, div. A, title VI, §651(b), Dec. 20, 2019, 133 Stat. 1431 , provided that: "The first report submitted pursuant to subsection (c) of section 908 of title 37, United States Code (as amended by subsection (a) of this section), after the date of the enactment of this Act [Dec. 20, 2019] shall cover the five-year period ending with the year before the year in which such report is submitted."

¹ See Change of Name note below.

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