§1060 — Title 10 Armed Forces | U.S. Code

Summary

Congress lets retired U.S. military members work for the armed forces of a newly democratic country and be paid for that work, but only if both the relevant military service secretary and the Secretary of State approve the job. Those two officials also decide what counts as a "newly democratic" nation. A "retired member" means someone who is entitled to receive retired or retainer pay. If approved, the retiree and their dependents keep their U.S. retirement pay and other benefits; those benefits cannot be cut because of the foreign job.

Title 10, §1060

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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[(d)Repealed.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), Nov. 24, 2003, 117 Stat. 1597.]

(e)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)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)For a provision of law providing the consent of Congress to civil employment by foreign governments, see section 908 of title 37.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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), Nov. 30, 1993, 107 Stat. 1835, provided that this section was to take effect as of Jan. 1, 1993, prior to repeal by Pub. L. 103–236, title I, § 182(b), Apr. 30, 1994, 108 Stat. 418. Restoration of Withheld Benefits Pub. L. 103–236, title I, § 182(a), Apr. 30, 1994, 108 Stat. 418, as amended by Pub. L. 103–337, div. A, title X, § 1070(d)(7), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 103–415, § 1(j), Oct. 25, 1994, 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

April 30, 1994, the consents, approvals and determinations under that section shall be deemed to be effective as of

January 1, 1993.” Congressional Findings Pub. L. 103–160, div. A, title XIV, § 1433(a), Nov. 30, 1993, 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.”

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