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B-193562 1 (1979-12-04)

handle is hein.gao/gaobadhtt0001 and id is 1 raw text is: -tECMPRLE GENERAL?' LIU DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-193562 DATE: December 4, 1979 MATTER O OIGEST: 1 §iDc 8,ck*(o) s F: Major Martin L, Kammerer, USAF, Retired No specific sanction is authorized in section 509 of the Foreign Rela- tions Authorization Act for Fiscal Year 1978 with respect to a retired member who accepts employment and compensation therefor from a for- eign government without the approval. However, substantial effect is given to the prohibition in Article I, section 9, clause 8 of the Constitu- tion by withholding a member's retired pay in an amount equal to that received from the foreign government. This is based on the view that the emoluments received by the retired member are received on behalf of the United States. 2. Based upon the history of sec- tion 509 of the Foreign Relations Authorization Act for Fiscal Year 1978 an individual who was employed by a foreign government when that provision was enacted is not re- quired to -refund amounts paid him by the foreign government once approval to accept employment and compensation from the foreign gov- ernment is given under that sec- tion. A member's monthly retired pay may be reinstated. This is the case even though amounts of retired pay previously withheld from the member do not ecual that received from the foreign government, since Congress intended that retired pay of these retirees be resumed on approval. (~mepea. I ( *3 F0 NGo UOr¶NMC N 5

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