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B-193562 1 (1979-05-03)

handle is hein.gao/gaobadhef0001 and id is 1 raw text is: 





DECISION


       J  THE   COMPTROLLER GENERAL
S. OF THE UNITED STATES
           VWASHINGTON, D.C. 2O548
  (NITED


FILE:  B-193562                 .*DATE:   May 3, 1979

MATTER OF: ietired uniformed se      ices members
                nasEEME  compensafion from foreign
                governmentt -
DIGEST:
           1.  Section 509 of the Foreign Relations
              Authorization Act, Fiscal Year 1978,
              granting consent of Congress to the
              acceptance of foreign civil employment
              by certain officers of the United States,.
              as required by Article I, section 9,  C/.
              clause 8 of the Constitution, cannot be
              retoactively  applied to retirement pay
              withheld from an officer for a period
              he was employed by a foreign state
              without such consent which occurred
              prior to the effective date of section
              509.

           2.  The consent of Congress to the acceptance
               of foreign civil employment and compensa-
               tion by certain retired members of the
               uniformed services, as required by
               Article I, section 9, clause 8 of the
               Constitution, is granted in section 509
               of the Foreign Relations Authorization
               Act, Fiscal Year 1978, which consent is
               conditioned upon approval of the employ-
               ment by the Secretary of State and the
               Secretary of the service concerned.
               Such approval is only effective prospec-
               tively from the date it is granted and
               may not be made retroactively to authorize
               foreign employment and compensation
               received before the approval is granted.
               However, once approval is granted with-
               holding of retired pay may be terminated
               and the payment of retired pay resumed on
               the date of approval.

           3.  The withholding of retired pay from a
              member of the uniformed services employed
              by a foreign government without the consent
              of Congress is based on the constitutional
              requirement for congressional consent to


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