
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1060]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1060. 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 International Relations 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.

(Added Pub. L. 103-160, div. A, title XIV, Sec. 1433(b)(1), Nov. 30, 
1993, 107 Stat. 1834, Sec. 1058; renumbered Sec. 1060, Pub. L. 103-337, 
div. A, title X, Sec. 1070(a)(6)(A), Oct. 5, 1994, 108 Stat. 2855; 
amended Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(13), Feb. 10, 
1996, 110 Stat. 503; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 
5, 1999, 113 Stat. 774.)


                               Amendments

    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.


                             Effective Date

    Section 1433(d) of Pub. L. 103-160 provided that this section was to 
take effect as of Jan. 1, 1993, prior to repeal by Pub. L. 103-236, 
title I, Sec. 182(b), Apr. 30, 1994, 108 Stat. 418.


                    Restoration of Withheld Benefits

    Pub. L. 103-236, title I, Sec. 182(a), Apr. 30, 1994, 108 Stat. 418, 
as amended by Pub. L. 103-337, div. A, title X, Sec. 1070(d)(7), Oct. 5, 
1994, 108 Stat. 2858; Pub. L. 103-415, Sec. 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

    Section 1433(a) of Pub. L. 103-160 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 37 section 908.
