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37 U.S.C. § 908 — Reserves and retired members: acceptance of employment, payments, and awards from foreign governments
Federal law — U.S. Code and appendices · legal_authorities
**(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 and members of the Space Force in space force active status not on sustained duty, 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 11 See Change of Name note below. of the Public Health Service.
**(b) Approval Required for Employment and Compensation.—**
(1) 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 after determining that such approval is not contrary to the national interests of the United States.
(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.
**(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 accep
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Source location: Title 37, Chapter 17, § 908; chapter-017-miscellaneous-rights-and-benefits.md
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**(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 and members of the Space Force in space force active status not on sustained duty, 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 11 See Change of Name note below. of the Public Health Service.
**(b) Approval Required for Employment and Compensation.—**
(1) 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 after determining that such approval is not contrary to the national interests of the United States.
(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.
**(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 a person shall set forth the following:
(A) The foreign government providing the employment or compensation or payment or award.
(B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award.
(C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served.
(D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.
(3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1060&num=0&edition=prelim).
**(f) Prohibition on Former Members of Armed Forces Accepting Employment With Certain Foreign Governments.—** For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see [section 989 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section989&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided by subsection (b), a covered individual may not occupy a covered post-service position.
**(b) Temporary Waiver.—**
(1) **In general.—** — The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if—
(A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and
(B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States.
(2) **Period of waiver.—** — A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver.
(3) **Revocation.—** — The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security.
(4) **Notification.—**
(A) *In general.—* — Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be.
(B) *Elements.—* — A notification required by subparagraph (A) shall include the following:
(i) With respect to a waiver issued to a covered individual—
(I) the details of the application, including the position held by the individual in the armed forces;
(II) the na
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consent of Congress.—** Subject to subsection (b), Congress consents to a retired member of the uniformed services—
(1) accepting employment by, or holding an office or position in, the military forces of a newly democratic nation; and
(2) accepting compensation associated with such employment, office, or position.
**(b) Approval Required.—** The consent provided in subsection (a) for a retired member of the uniformed services to accept employment or hold an office or position shall apply to a retired member only if the Secretary concerned and the Secretary of State jointly approve the employment or the holding of such office or position.
**(c) Determination of Newly Democratic Nations.—** The Secretary concerned and the Secretary of State shall jointly determine whether a nation is a newly democratic nation for the purposes of this section.
**(d)** Repealed. Pub. L. 108–136, div. A, title X, § 1031(a)(9), Nov. 24, 2003, 117 Stat. 1597.]
**(e) Continued Entitlement to Retired Pay and Benefits.—** The eligibility of a retired member to receive retired or retainer pay and other benefits arising from the retired member’s status as a retired member of the uniformed services, and the eligibility of dependents of such retired member to receive benefits on the basis of such retired member’s status as a retired member of the uniformed services, may not be terminated by reason of employment or holding of an office or position consented to in subsection (a).
**(f) Retired Member Defined.—** In this section, the term “retired member” means a member or former member of the uniformed services who is entitled to receive retired or retainer pay.
**(g) Civil Employment by Foreign Governments.—** For a provision of law providing the consent of Congress to civil employment
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Oath; compliance with laws of United States regarding duties and responsibilities of Federal employees** Before assuming the duties of his office or employment, each member of the Board of the Commission and each officer and employee of the Commission shall take an oath to discharge faithfully the duties of his office or employment. All employees of the Commission shall be subject to the laws of the United States regarding duties and responsibilities of Federal employees.
**(b) Adoption of code of conduct; time limit; contents** Not later than 60 days after all the members of the Board of the Commission have been appointed, the Board shall adopt a code of conduct applicable to the persons referred to in subsection (a) of this section. The code of conduct shall contain provisions substantially equivalent to those contained in part 735 of title 5 of the Code of Federal Regulations on October 1, 1979. The code of conduct shall, at a minimum, contain provisions substantially equivalent to the following provisions of law:
(1) the provisions of chapter 11 of title 18, relating to bribery, graft, or conflicts of interest, as appropriate to the employees concerned;
(2) [section 7352 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7352&num=0&edition=prelim);
(3) sections 207, 208, 285, 508, 641, 645, 1001, 1917, and 2071 of title 18;
(4) section 1343, 1344, and 1349(b) of title 31;
(5) chapter 131 of title 5; and
(6) those provisions of the laws and regulations of the Republic of Panama which are substantially equivalent to those of the United States set forth in this subsection.
**(c) Investigations by Commission respecting violations; recommendations for suspension** The Commission shall investigate any allegations regarding
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Federal law — U.S. Code and appendices · legal_authorities
Page 236
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 908
1 See Change of Name note below.
(C) Enlistment bonus under section 331 of
this title.
(D) Career enlisted flyer incentive pay under
section 320 or 353 of this title.
(e) The clothing allowance under section 418 of
this title may not be considered in determining
the amount of the pay and allowances of a grade
formerly held by an officer if the officer is enti-
tled to a uniform allowance under section 415 of
this title.
(Added Pub. L. 91–484, § 1(1), Oct. 21, 1970, 84 Stat.
1083; amended Pub. L. 96–343, § 6(a)(1), Sept. 8,
1980, 94 Stat. 1126; Pub. L. 102–25, title VII,
§ 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.
105–85, div. A, title VI, § 619(d), Nov. 18, 1997, 111
Stat. 1790; Pub. L. 105–261, div. A, title VI,
§ 617(b), Oct. 17, 1998, 112 Stat. 2041; Pub. L.
109–163, div. A, title VI, § 686(a), (b), Jan. 6, 2006,
119 Stat. 3325, 3326; Pub. L. 114–328, div. A, title
VI, § 618(h)(4), Dec. 23, 2016, 130 Stat. 2161; Pub. L.
115–91, div. A, title VI, § 618(h), Dec. 12, 2017, 131
Stat. 1427.)
Editorial Notes
AMENDMENTS
2017—Subsec. (d)(1)(A). Pub. L. 115–91, § 618(h)(1)(A),
inserted ‘‘or 351’’ after ‘‘section 301’’.
Subsec. (d)(1)(B). Pub. L. 115–91, § 618(h)(1)(B), inserted
‘‘or 352’’ after ‘‘section 301c’’.
Subsec. (d)(1)(C). Pub. L. 115–91, § 618(h)(1)(C), inserted
‘‘or 353(a)’’ after ‘‘section 304’’.
Subsec. (d)(1)(D). Pub. L. 115–91, § 618(h)(1)(D), inserted
‘‘or 352’’ after ‘‘section 305’’.
Subsec. (d)(1)(E). Pub. L. 115–91, § 618(h)(1)(E), inserted
‘‘or 352’’ after ‘‘section 305a’’.
Subsec. (d)(1)(F). Pub. L. 115–91, § 618(h)(1)(F), inserted
‘‘or 352’’ after ‘‘section 305b’’.
Subsec. (d)(1)(G). Pub. L. 115–91, § 618(h)(1)(G), inserted
‘‘or 352’’ after ‘
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 908
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