Pub. L. 103-160, div. A, tit. XIV, subtit. D, sec. 1433
CONSENT OF CONGRESS TO SERVICE BY RETIRED MEMBERS IN MILITARY FORCES OF NEWLY DEMOCRATIC NATIONS.
SEC. 1433. CONSENT OF CONGRESS TO SERVICE BY RETIRED MEMBERS IN MILITARY FORCES OF NEWLY DEMOCRATIC NATIONS. (a) Findings.—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. 107 STAT. 1834 (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. (b) Consent of Congress.—(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) The table of sections at the beginning of chapter 53 of such title is amended by adding at the end the following: “1058. Military service of retired members with newly democratic nations: consent of Congress.”. (c) Conforming Cross Reference.—Section 908 of title 37, United States Code, is amended— (1) in subsection (a), by inserting “Congressional Consent.—” after “(a)”; 107 STAT. 1835 (2) “Approval Required.—” after “(b)”; and (3) by adding at the end the following: “(c) Military Service in Foreign Armed Forces.—For a provision of law providing the consent of Congress to service in the military forces of certain foreign nations, see section 1058 of title 10.” (d) Effective Date.—Section 1058 of title 10, United States Code, as added by subsection (a), shall take effect as of January 1, 1993.