§ 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments

Footnotes

1. 1 See Change of Name note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Pub. L. 97–295 § 3(6)(A) · 96 Stat. 1287

   Enacted · 37 U.S.C. § 908

   Added Pub. L. 97–295, § 3(6)(A), Oct. 12, 1982, 96 Stat. 1304

   Source evidence

   Code source credit
   Added Pub. L. 97–295, § 3(6)(A), Oct. 12, 1982, 96 Stat. 1304

   Enacted provision · exact public law section
   (A) Chapter 17 is amended by adding at the end thereof the following: “§ 908. Employment of reserves and retired members by foreign governments “(a) Subject to subsection (b) of this section, 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 of the Public Health Service. “(b) A person described in subsection (a) of this section may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment.”.

2. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

   Struck · 37 U.S.C. § 908(a)

   Pub. L. 102–25 struck out “of this section” after “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–25 struck out “of this section” after “subsection (b)”.

   Enacted provision · exact public law section
   (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

3. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

   Struck · 37 U.S.C. § 908(b)

   Pub. L. 102–25 struck out “of this section” after “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

   Enacted provision · exact public law section
   (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

4. 1993

   Pub. L. 103–160 div. A title XIV § 1433(c) · 107 Stat. 1547

   1. Inserted · 37 U.S.C. § 908

      Pub. L. 103–160 inserted headings in subsecs. (a) and (b)

   2. Added · 37 U.S.C. § 908

      Pub. L. 103–160 added subsec. (c)

   Source evidence

   Code amendment note
   Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c).

   Enacted provision · exact public law section
   (c) Conforming Cross Reference.— Section 908 of title 37, United States Code, is amended— (1) in subsection (a), by inserting “Congressional Consent.—” after “(a)”; (2) “Approval Required.—” after “(b)”; and (3) by adding at the end the following: “(c) 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 1058 of title 10.”

5. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title X § 1070(d)(6) · 108 Stat. 2663

   Substituted · 37 U.S.C. § 908(c)

   Pub. L. 103–337 substituted “1060” for “1058”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–337 substituted “1060” for “1058”.

   Enacted provision · exact public law section
   (6) Section 908(c) of title 37, United States Code, is amended by striking out “section 1058” and inserting in lieu thereof “section 1060”.

6. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 651(a) · 133 Stat. 1198

   1. Added · 37 U.S.C. § 908(c); 37 U.S.C. § 908(d)

      Pub. L. 116–92, § 651(a), added subsec. (c)

   2. Redesignated · 37 U.S.C. § 908(c); 37 U.S.C. § 908(d)

      Pub. L. 116–92, § 651(a), redesignated former subsec. (c) as (d)

   Source evidence

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

   Enacted provision · exact public law section
   (a) Annual Reports.— Section 908 of title 37, United States Code is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(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.” .

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 641(c)(1) · 134 Stat. 3388

   1. Amended · 37 U.S.C. § 908

      Pub. L. 116–283, § 641(c)(1), amended section catchline generally

   2. Substituted · 37 U.S.C. § 908

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

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) Section heading.— The heading of such section is amended to read as follows: “§ 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments” .

8. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 641(a)(1)(A) · 134 Stat. 3388

   1. Substituted · 37 U.S.C. § 908(a)

      Pub. L. 116–283, § 641(a)(1)(A), in introductory provisions, substituted “subsections (b) and (c)” for “subsection (b)”

   2. Inserted · 37 U.S.C. § 908(a)

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

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1)— (i) by striking “subsection (b)” and inserting “subsections (b) and (c)”; and (ii) by inserting “, accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award,” after “that employment)”; and

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 641(a)(1)(B) · 134 Stat. 3388

   Substituted · 37 U.S.C. § 908(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “armed forces” and inserting “armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days”;

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 641(a)(2) · 134 Stat. 3388

    Inserted · 37 U.S.C. § 908(b)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in the heading of subsection (b), by inserting “for Employment and Compensation” after “Approval Required”;

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 641(a)(4) · 134 Stat. 3388

    Redesignated · 37 U.S.C. § 908(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) by inserting after subsection (b) the following new subsection (c): “(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.” .

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 641(a)(3) · 134 Stat. 3388

    1. Redesignated · 37 U.S.C. § 908(d)

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

    2. Amended · 37 U.S.C. § 908(d)

       Pub. L. 116–283, § 641(a)(3), (b), designated existing provisions as par. (1)

    3. Inserted · 37 U.S.C. § 908(d)

       Pub. L. 116–283, § 641(a)(3), (b), inserted “, and each approval under subsection (c) for a payment or award described in subsection (a),” after “in subsection (a)”

    4. Redesignated · 37 U.S.C. § 908(d)

       Pub. L. 116–283, § 641(a)(3), (b), added par. (2). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 641(a)(3) · 134 Stat. 3388

    Redesignated · 37 U.S.C. § 908(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

14. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 525(1) · 137 Stat. 136

    1. Amended · 37 U.S.C. § 908(b)

       Pub. L. 118–31, § 525(1), designated existing provisions as par. (1)

    2. Inserted · 37 U.S.C. § 908(b)

       Pub. L. 118–31, § 525(1), inserted “after determining that such approval is not contrary to the national interests of the United States” after “approve the employment”

    3. Added · 37 U.S.C. § 908(b)

       Pub. L. 118–31, § 525(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–31, § 525(1), designated existing provisions as par. (1), inserted “after determining that such approval is not contrary to the national interests of the United States” after “approve the employment”, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by striking “A person” and inserting “(1) A person”; (B) by inserting “after determining that such approval is not contrary to the national interests of the United States” after “approve the employment”; and (C) by adding at the end the following new paragraph: “(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.” ; and

15. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 525(2)(A)(i) · 137 Stat. 136

    Substituted · 37 U.S.C. § 908(d)(2)

    Pub. L. 118–31, § 525(2)(A)(i), substituted “a person” for “an officer” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 118–31, § 525(2)(A)(i), substituted “a person” for “an officer” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A), by striking “an officer” and inserting “a person”; and

16. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 525(2)(A)(ii) · 137 Stat. 136

    1. Added · 37 U.S.C. § 908(d)(2)(B)(D)

       Pub. L. 118–31, § 525(2)(A)(ii), added subpars. (B) to (D)

    2. Struck · 37 U.S.C. § 908(d)(2)(B)(D)

       Pub. L. 118–31, § 525(2)(A)(ii), struck out former subpars. (B) and (C) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B) to (D). Pub. L. 118–31, § 525(2)(A)(ii), added subpars. (B) to (D) and struck out former subpars. (B) and (C) which read as follows:

    “(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.”

    Enacted provision · exact public law section
    (ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: “(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.” ; and

17. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 525(2)(B) · 137 Stat. 136

    Added · 37 U.S.C. § 908(d)(3)

    Pub. L. 118–31, § 525(2)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 118–31, § 525(2)(B), added par. (3).

    Enacted provision · exact public law section
    (B) by adding at the end the following new paragraph: “(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.” .

18. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 523(c) · 137 Stat. 136

    Added · 37 U.S.C. § 908(f)

    Pub. L. 118–31, § 523(c), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–31, § 523(c), added subsec. (f).

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 908 of title 37, United States Code, is amended by adding at the end the following new subsection: “(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.” .

19. 2025

    Pub. L. 119–60 div. A title VI § 601(g)(1) · 139 Stat. 905

    Inserted · 37 U.S.C. § 908(a)(2)

    Pub. L. 119–60 inserted “and members of the Space Force in space force active status not on sustained duty” after “of the armed forces”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 119–60 inserted “and members of the Space Force in space force active status not on sustained duty” after “of the armed forces”.

28 of 29 references resolved to an enrolled provision · 1 unresolved