37 U.S. Code § 908 - Reserves and retired members: acceptance of employment, payments, and awards from foreign governments

(a) Congressional Consent.—Subject to subsections (b) and (c), Congress consents to the following persons accepting civil employment (and compensation for that employment), accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award, 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, except members serving on active duty under a call or order to active duty for a period in excess of 30 days.
(3)
Members of the Commissioned Reserve Corps [1] of the Public Health Service.
(b) Approval Required for Employment and Compensation.—
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) Approval Required for Certain Payments and Awards.—
A person described in subsection (a) may accept payment for speeches, travel, meals, lodging, or registration fees described in that subsection, or accept a non-cash award described in that subsection, only if the Secretary concerned approves the payment or award.
(d) Annual Reports on Approvals for Retired General and Flag Officers.—
(1)
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), and each approval under subsection (c) for a payment or award 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.
(2) The report under paragraph (1) on an approval described in that paragraph with respect to an officer shall set forth the following:
(A)
The foreign government providing the employment or compensation or payment or award.
(B)
The duties, if any, to be performed in connection with the employment or compensation or payment or award.
(C)
The total amount of compensation, if any, or payment to be provided.
(e) 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.


[1]  See Change of Name note below.

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

2021—Pub. L. 116–283, § 641(c)(1), amended section catchline generally, substituting “Reserves and retired members: acceptance of employment, payments, and awards from foreign governments” for “Employment of reserves and retired members by foreign governments”.

Subsec. (a). Pub. L. 116–283, § 641(a)(1)(A), in introductory provisions, substituted “subsections (b) and (c)” for “subsection (b)” and inserted “, accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award,” after “that employment)”.

Subsec. (a)(2). Pub. L. 116–283, § 641(a)(1)(B), substituted “armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days” for “armed forces”.

Subsec. (b). Pub. L. 116–283, § 641(a)(2), inserted “for Employment and Compensation” after “Approval Required” in heading.

Subsec. (c). Pub. L. 116–283, § 641(a)(4), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 116–283, § 641(a)(3), (b), redesignated subsec. (c) as (d), designated existing provisions as par. (1), inserted “, and each approval under subsection (c) for a payment or award described in subsection (a),” after “in subsection (a)”, and added par. (2). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 116–283, § 641(a)(3), redesignated subsec. (d) as (e).

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.”