This paper explains how the U.S. Constitution’s Emoluments Clause applies to
Department of Defense personnel. Specifically, the paper:
(1) introduces the Emoluments Clause;
(2) describes the categories of DoD employees to which the Clause applies;
(3) identifies common payments subject to the Emoluments Clause;
(4) summarizes the types of entities that are considered “foreign states”;
(5) outlines the requirement and process for receiving advance approval before accepting an emolument from a foreign government;
(6) describes the penalty for violating the Emoluments Clause, along with the debt collection procedures that are followed in situations of noncompliance; and
(7) describes the waiver process and appeal rights for situations where Federal personnel may have unwittingly accepted an emolument without prior approval.
Finally, the paper explores several related issues that may arise once an employee obtains consent to receive an emolument.
(17 pages)
Department of Defense personnel. Specifically, the paper:
(1) introduces the Emoluments Clause;
(2) describes the categories of DoD employees to which the Clause applies;
(3) identifies common payments subject to the Emoluments Clause;
(4) summarizes the types of entities that are considered “foreign states”;
(5) outlines the requirement and process for receiving advance approval before accepting an emolument from a foreign government;
(6) describes the penalty for violating the Emoluments Clause, along with the debt collection procedures that are followed in situations of noncompliance; and
(7) describes the waiver process and appeal rights for situations where Federal personnel may have unwittingly accepted an emolument without prior approval.
Finally, the paper explores several related issues that may arise once an employee obtains consent to receive an emolument.
(17 pages)
