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Title 10 — Armed Forces

Part II · Chapter 53 — Miscellaneous Rights and Benefits

§ 1060. Military service of retired members with newly democratic nations: consent of Congress

Statutory text

(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Repealed.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), , 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 by foreign governments, see section 908 of title 37.

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. Pub. L. 103–160 div. A title XIV § 1433(b)(1) · 107 Stat. 1547

    Enacted · 10 U.S.C. § 1060

    Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), Nov. 30, 1993, 107 Stat. 1834, § 1058

    Source evidence

    Code source credit
    Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), Nov. 30, 1993, 107 Stat. 1834, § 1058

    Enacted provision · exact public law section
    (1) Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1058. Military service of retired members with newly democratic nations: consent of Congress “(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) Reports to Congressional Committees.— The Secretary concerned and the Secretary of State shall notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives of each approval under subsection (b) and each determination under subsection (c). “(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 by foreign governments, see section 908 of title 37.”.

  2. National Defense Authorization Act for Fiscal Year 1995

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

    Changed · 10 U.S.C. § 1060

    Pub. L. 103–337 renumbered section 1058 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337 renumbered section 1058 of this title as this section.

    Enacted provision · exact public law section
    (A) The section 1058 added by section 1433(b) of Public Law 103–160 (107 Stat. 1834) is redesignated as section 1060.

  3. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1502(a)(13) · 110 Stat. 186

    Substituted · 10 U.S.C. § 1060(d)

    Pub. L. 104–106 substituted “Committee on National Security and the Committee on International Relations” for “Committee on Armed Services and the Committee on Foreign Affairs”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–106 substituted “Committee on National Security and the Committee on International Relations” for “Committee on Armed Services and the Committee on Foreign Affairs”.

    Enacted provision · exact public law section
    (13) Section 1060(d) is amended by striking out “Committee on Armed Services and the Committee on Foreign Affairs” and inserting in lieu thereof “Committee on National Security and the Committee on International Relations”.

  4. Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 1060(d)

    Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

  5. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title X § 1031(a)(9) · 117 Stat. 1392

    Struck · 10 U.S.C. § 1060(d)

    Pub. L. 108–136 struck out heading and text of subsec. (d). Text read as follows: “The Secretary concerned and the Secretary of State shall notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives of each approval under subsection (b) and each determination under subsection (c).”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–136 struck out heading and text of subsec. (d). Text read as follows: “The Secretary concerned and the Secretary of State shall notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives of each approval under subsection (b) and each determination under subsection (c).”

    Enacted provision · exact public law section
    (9) Section 1060 is amended by striking subsection (d).

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1994–2003 · 4 rounds

2003

Subsec. (d). Pub. L. 108–136 struck out heading and text of subsec. (d). Text read as follows: “The Secretary concerned and the Secretary of State shall notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives of each approval under subsection (b) and each determination under subsection (c).”

1999

Subsec. (d). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1996

Subsec. (d). Pub. L. 104–106 substituted “Committee on National Security and the Committee on International Relations” for “Committee on Armed Services and the Committee on Foreign Affairs”.

1994

Pub. L. 103–337 renumbered section 1058 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–160, div. A, title XIV, § 1433(d), , 107 Stat. 1835, provided that this section was to take effect as of , prior to repeal by Pub. L. 103–236, title I, § 182(b), , 108 Stat. 418.

Restoration of Withheld Benefits

Pub. L. 103–236, title I, § 182(a), , 108 Stat. 418, as amended by Pub. L. 103–337, div. A, title X, § 1070(d)(7), , 108 Stat. 2858; Pub. L. 103–415, § 1(j), , 108 Stat. 4301, provided that: “With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense have approved the employment or the holding of a position pursuant to the provisions of section 1060 of title 10, United States Code, before , the consents, approvals and determinations under that section shall be deemed to be effective as of .”

Congressional Findings

Pub. L. 103–160, div. A, title XIV, § 1433(a), , 107 Stat. 1833, provided that:

“The Congress makes the following findings:

“(1)

It is in the national security interest of the United States to promote democracy throughout the world.

“(2)

The armed forces of newly democratic nations often lack the democratic traditions that are a hallmark of the Armed Forces of the United States.

“(3)

The understanding of military roles and missions in a democracy is essential for the development and preservation of democratic forms of government.

“(4)

The service of retired members of the Armed Forces of the United States in the armed forces of newly democratic nations could lead to a better understanding of military roles and missions in a democracy.”

Credits

1993–2003 · 5 acts
  1. 1993Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), , 107 Stat. 1834, § 1058
  2. 1994renumbered § 1060, Pub. L. 103–337, div. A, title X, § 1070(a)(6)(A), , 108 Stat. 2855
  3. 1996amended Pub. L. 104–106, div. A, title XV, § 1502(a)(13), , 110 Stat. 503
  4. 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
  5. 2003Pub. L. 108–136, div. A, title X, § 1031(a)(9), , 117 Stat. 1597.
Show as published

(Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), , 107 Stat. 1834, § 1058; renumbered § 1060, Pub. L. 103–337, div. A, title X, § 1070(a)(6)(A), , 108 Stat. 2855; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(13), , 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(9), , 117 Stat. 1597.)

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