10 U.S.C. § 1059 — Dependents of members separated for de-

Page 947 TITLE 10—ARMED FORCES § 1059 lations as may be necessary for purposes of this section. (d) MILITARY LAW ENFORCEMENT OFFICIAL.—In this section, the term ‘‘military law enforce- ment official’’ means a person authorized under regulations governing the armed forces to appre- hend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder. (Added Pub. L. 103–160, div. A, title V, § 551(a)(1), Nov. 30, 1993, 107 Stat. 1661; amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes CODIFICATION Other sections 1058 were renumbered sections 1059 and 1060 of this title. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1994—Pub. L. 103–337, § 1070(b)(3), made technical cor- rection to directory language of Pub. L. 103–160, § 551(a)(1), which enacted this section. Subsec. (d). Pub. L. 103–337, § 1070(a)(4), substituted ‘‘subject to the Uniform Code of Military Justice (chap- ter 47 of this title)’’ for ‘‘subject to this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted. DEADLINE FOR PRESCRIBING PROCEDURES Pub. L. 103–160, div. A, title V, § 551(b), Nov. 30, 1993, 107 Stat. 1662, provided that: ‘‘The Secretary of Defense shall prescribe procedures to carry out section 1058 of title 10, United States Code, as added by subsection (a), not later than six months after the date of the enact- ment of this Act [Nov. 30, 1993].’’ § 1059. Dependents of members separated for de- pendent abuse: transitional compensation; commissary and exchange benefits; lodging expenses (a) AUTHORITY TO PAY COMPENSATION.—The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a pro- gram to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon estab- lishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program. (b) PUNITIVE AND OTHER ADVERSE ACTIONS COV- ERED.—This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days— (1) who is convicted of a dependent-abuse of- fense (as defined in subsection (c)) and whose conviction results in the member— (A) being separated from active duty pur- suant to a sentence of a court-martial; or (B) forfeiting all pay and allowances pur- suant to a sentence of a court-martial; (2) who is administratively separated, volun- tarily or involuntarily, from active duty in ac- cordance with applicable regulations if the basis for the separation includes a dependent- abuse offense; or (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administra- tively separated, voluntarily or involun- tarily, from active duty, for an offense other than the dependent-abuse offense. (c) DEPENDENT-ABUSE OFFENSES.—For pur- poses of this section, a dependent-abuse offense is conduct by an individual while a member of the armed forces on active duty for a period of more than 30 days— (1) that involves abuse of the spouse or a de- pendent child of the member; and (2) that is a criminal offense specified in reg- ulations prescribed by the Secretary of De- fense under subsection (m). (d) RECIPIENTS OF PAYMENTS.—In the case of any individual described in subsection (b), the Secretary shall pay such compensation to de- pendents or former dependents of the individual as follows: (1) If the individual was married at the time of the commission of the dependent-abuse of- fense resulting in the separation, such com- pensation shall be paid to the spouse or former spouse to whom the individual was married at that time, including an amount (determined under subsection (f)(2)) for each, if any, de- pendent child of the individual described in subsection (b) who resides in the same house- hold as that spouse or former spouse. (2) If there is a spouse or former spouse who is or, but for subsection (g), would be eligible for compensation under this section and if there is a dependent child of the individual de- scribed in subsection (b) who does not reside in the same household as that spouse or former spouse, compensation under this section shall be paid to each such dependent child of the in- dividual described in subsection (b) who does not reside in that household. (3) If there is no spouse or former spouse who is (or but for subsection (g) would be) eligible under paragraph (1), such compensation shall be paid to the dependent children of the indi- vidual described in subsection (b). (4) For purposes of this subsection, an indi- vidual’s status as a ‘‘dependent child’’ shall be determined as of the date on which the indi- vidual described in subsection (b) is convicted of the dependent-abuse offense or, in a case de- Page 948 TITLE 10—ARMED FORCES § 1059 scribed in subsection (b)(2), as of the date on which the separation action is initiated by a commander of the individual described in sub- section (b). (e) COMMENCEMENT AND DURATION OF PAY- MENT.—(1) Payment of transitional compensa- tion under this section— (A) in the case of a member convicted by a court-martial for a dependent-abuse offense or an offense described in subsection (b)(3)(B), shall commence— (i) as of the date the court-martial sen- tence is adjudged if the sentence, as ad- judged, includes a dismissal, dishonorable discharge, bad conduct discharge, or for- feiture of all pay and allowances; or (ii) if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad con- duct discharge, or forfeiture of all pay and allowances, as of the date of entry of judg- ment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence includes an unsuspended dis- missal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allow- ances; (B) in the case of a member being considered under applicable regulations for administra- tive separation from active duty in accordance with such regulations, shall commence as of the date on which the separation action is ini- tiated by a commander of the member pursu- ant to such regulations, as determined by the Secretary concerned. (2) Transitional compensation with respect to a member shall be paid for a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the Sec- retary concerned. (3)(A) If a member is sentenced by a court- martial to receive punishment that includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances as a result of a conviction for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under sec- tion 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judg- ment under such section (article), any payment of transitional compensation that has com- menced under this section on the basis of such sentence in that case shall cease. (B) If administrative separation of a member from active duty is proposed on a basis that in- cludes a dependent-abuse offense and the pro- posed administrative separation is disapproved by competent authority under applicable regula- tions, payment of transitional compensation in such case shall cease. (C) Cessation of payments under subparagraph (A) or (B) shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such transitional compensation in writing that payment of the transitional compensation will cease. The recipient may not be required to repay amounts of transitional compensation re- ceived before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid). (f) AMOUNT OF PAYMENT.—(1) Payment to a spouse or former spouse under this section for any month shall be at the rate in effect for that month for the payment of dependency and in- demnity compensation under section 1311(a)(1) of title 38. (2) If a spouse or former spouse to whom com- pensation is paid under this section has custody of a dependent child of the member who resides in the same household as that spouse or former spouse, the amount of such compensation paid for any month shall be increased for each such dependent child by the amount in effect for that month under section 1311(b) of title 38. (3) If compensation is paid under this section to a child or children pursuant to subsection (d)(2) or (d)(3), such compensation shall be paid in equal shares, with the amount of such com- pensation for any month determined in accord- ance with the rates in effect for that month under section 1313 of title 38. (4) Payment to a child under this section shall not cover any period before the birth of the child. (g) SPOUSE AND FORMER SPOUSE FORFEITURE PROVISIONS.—(1) If a former spouse receiving compensation under this section remarries, the Secretary shall terminate payment of such com- pensation, effective as of the date of such mar- riage. The Secretary may not renew payment of compensation under this section to such former spouse in the event of the termination of such subsequent marriage. (2) If after a punitive or other adverse action is executed in the case of a former member as described in subsection (b) the former member resides in the same household as the spouse or former spouse, or dependent child, to whom compensation is otherwise payable under this section, the Secretary shall terminate payment of such compensation, effective as of the time the former member begins residing in such household. Compensation paid for a period after the former member’s separation, but before the former member resides in the household, shall not be recouped. If the former member subse- quently ceases to reside in such household be- fore the end of the period of eligibility for such payments, the Secretary may not resume such payments. (3) In a case in which the victim of the depend- ent-abuse offense resulting in a punitive or other adverse action described in subsection (b) was a dependent child, the Secretary concerned may not pay compensation under this section to a spouse or former spouse who would otherwise be eligible to receive such compensation if the Secretary determines (under regulations pre- scribed under subsection (m)) that the spouse or former spouse was an active participant in the conduct constituting the dependent-abuse of- fense. (h) EFFECT OF CONTINUATION OF MILITARY PAY.—In the case of payment of transitional compensation by reason of a total forfeiture of pay and allowances pursuant to a sentence of a court-martial, payment of transitional com- pensation shall not be made for any period for which an order— Page 949 TITLE 10—ARMED FORCES § 1059 (1) suspends, in whole or in part, that part of a sentence that includes forfeiture of the member’s pay and allowance; or (2) otherwise results in continuation, in whole or in part, of the member’s pay and al- lowances. (i) COORDINATION OF BENEFITS.—The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursu- ant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section, the spouse or former spouse shall elect which to receive. (j) COMMISSARY AND EXCHANGE BENEFITS.—(1) A dependent or former dependent entitled to payment of monthly transitional compensation under this section shall, while receiving pay- ments in accordance with this section, be enti- tled to use commissary and exchange stores to the same extent and in the same manner as a de- pendent of a member of the armed forces on ac- tive duty for a period of more than 30 days. (2) If a dependent or former dependent eligible or entitled to use commissary and exchange stores under paragraph (1) is eligible or entitled to use commissary and exchange stores under another provision of law, the eligibility or enti- tlement of that dependent or former dependent to use commissary and exchange stores shall be determined under such other provision of law rather than under paragraph (1). (k) LODGING EXPENSES.—A dependent or former dependent entitled to payment of month- ly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to lodging ex- penses for a period not longer than 30 days. (l) EXCEPTIONAL ELIGIBILITY FOR DEPENDENTS OF MEMBERS OR FORMER MEMBERS.—(1) The Sec- retary concerned, under regulations prescribed under subsection (m), may authorize eligibility for benefits under this section for dependents and former dependents of a member or former member of the armed forces in a case in which the dependents or former dependents are not otherwise eligible for such benefits and the Sec- retary concerned determines that the member or former member engaged in conduct that is a dependent-abuse offense under this section and the member or former member was separated from active duty other than as described in sub- section (b). (2) In a case in which the Secretary concerned, under the authority of paragraph (1), authorizes benefits to be provided under this section, such benefits shall be provided in the same manner as if the member or former member were an indi- vidual described in subsection (b), except that, under regulations prescribed under subsection (m), the Secretary shall make such adjustments to the commencement and duration of payment provisions of subsection (e), and may make ad- justments to other provisions of this section, as the Secretary considers necessary in light of the circumstances in order to provide benefits sub- stantially equivalent to the benefits provided in the case of an individual described in subsection (b). (3) For purposes of the provision of benefits under this section pursuant to this subsection, a member shall be considered separated from ac- tive duty upon the earliest of— (A) the date an administrative separation is initiated by a commander of the member; (B) the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad con- duct discharge, or forfeiture of all pay and al- lowances; or (C) the date the member’s term of service ex- pires. (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligi- bility for benefits under this section for depend- ents and former dependents of a member or former member to the first general or flag offi- cer (or civilian equivalent) in the chain of com- mand of the member. (m) REGULATIONS.—(1) The Secretary of De- fense shall prescribe regulations to carry out this section with respect to the armed forces (other than the Coast Guard when it is not oper- ating as a service in the Navy). The Secretary of Homeland Security shall prescribe regulations to carry out this section with respect to the Coast Guard when it is not operating as a serv- ice in the Navy. (2) Regulations prescribed under paragraph (1) shall include the criminal offenses, or categories of offenses, under the Uniform Code of Military Justice (chapter 47 of this title), Federal crimi- nal law, the criminal laws of the States and other jurisdictions of the United States, and the laws of other nations that are to be considered to be dependent-abuse offenses for the purposes of this section. (n) DEPENDENT CHILD DEFINED.—In this sec- tion, the term ‘‘dependent child’’, with respect to a member or former member of the armed forces referred to in subsection (b), means an un- married child, including an adopted child or a stepchild, who was residing with the member or eligible spouse at the time of the dependent- abuse offense referred to in subsection (b) or who was carried during pregnancy at the time of the dependent-abuse offense and was subse- quently born alive to the eligible spouse or former spouse and— (1) who is under 18 years of age; (2) who is 18 years of age or older and is in- capable of self-support because of a mental or physical incapacity that existed before the age of 18 and who is (or, at the time a punitive or other adverse action was executed in the case of the former member as described in sub- section (b), was) dependent on the former member for over one-half of the child’s sup- port; or (3) who is 18 years of age or older but less than 23 years of age, is enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense and who is (or, at the time a punitive or other adverse action was executed in the case of the former member as described in subsection (b), was) dependent on the former member for over one-half of the child’s support. (Added Pub. L. 103–160, div. A, title V, § 554(a)(1), Nov. 30, 1993, 107 Stat. 1663, § 1058; renumbered Page 950 TITLE 10—ARMED FORCES § 1059 § 1059 and amended Pub. L. 103–337, div. A, title V, § 535(a)–(c)(1), title X, § 1070(a)(5)(A), Oct. 5, 1994, 108 Stat. 2762, 2763, 2855; Pub. L. 104–106, div. A, title VI, § 636(a), (b), title XV, § 1503(a)(8), Feb. 10, 1996, 110 Stat. 367, 511; Pub. L. 105–261, div. A, title V, § 570(a), (b), Oct. 17, 1998, 112 Stat. 2032; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, §§ 572(a), (b)(1), (c), 573(a), 574, Nov. 24, 2003, 117 Stat. 1484–1486; Pub. L. 112–239, div. A, title V, § 564(a), Jan. 2, 2013, 126 Stat. 1748; Pub. L. 113–291, div. A, title VI, § 621, Dec. 19, 2014, 128 Stat. 3401; Pub. L. 115–91, div. A, title V, § 531(l), Dec. 12, 2017, 131 Stat. 1386; Pub. L. 116–92, div. A, title VI, § 621, Dec. 20, 2019, 133 Stat. 1426; Pub. L. 117–81, div. A, title V, § 549(a), Dec. 27, 2021, 135 Stat. 1715; Pub. L. 118–31, div. A, title VI, §§ 631, 632, Dec. 22, 2023, 137 Stat. 296.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 632(3), substituted ‘‘subsection (m)’’ for ‘‘subsection (k)’’ wherever appearing. Pub. L. 118–31, § 632(1), inserted ‘‘; lodging expenses’’ after ‘‘benefits’’ in section catchline. Subsec. (b)(3). Pub. L. 118–31, § 631(a), added par. (3). Subsec. (e)(1)(A). Pub. L. 118–31, § 631(b)(1)(A), inserted ‘‘or an offense described in subsection (b)(3)(B)’’ after ‘‘offense’’ in introductory provisions. Subsec. (e)(1)(A)(ii). Pub. L. 118–31, § 631(b)(1)(B), sub- stituted ‘‘allowances;’’ for ‘‘allowances; and’’. Subsec. (e)(1)(B). Pub. L. 118–31, § 631(b)(2), struck out ‘‘(if the basis for the separation includes a dependent- abuse offense)’’ after ‘‘with such regulations’’. Subsec. (k). Pub. L. 118–31, § 632(4), added subsec. (k). Former subsec. (k) redesignated (m). Subsec. (l). Pub. L. 118–31, § 632(2), which directed re- designation of subsec. (m) as (l), was executed by mak- ing the redesignation and moving subsec. (l) so as to ap- pear before subsec. (m), to reflect the probable intent of Congress. Former subsec. (l) redesignated (n). Pub. L. 118–31, § 631(c), in introductory provisions, substituted ‘‘referred to in subsection (b) or’’ for ‘‘re- sulting in the separation of the former member or’’ and ‘‘and was subsequently’’ for ‘‘resulting in the separa- tion of the former member and was subsequently’’. Subsec. (m). Pub. L. 118–31, § 632(2), redesignated sub- sec. (k) as (m). Former subsec. (m) redesignated (l). Subsec. (m)(4). Pub. L. 118–31, § 631(d), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘(A) Except as provided in subparagraph (B), the au- thority of the Secretary concerned under paragraph (1) may not be delegated. ‘‘(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.’’ Subsec. (n). Pub. L. 118–31, § 632(2), redesignated sub- sec. (l) as (n). 2021—Subsec. (m)(4). Pub. L. 117–81 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The authority of the Secretary concerned under para- graph (1) may not be delegated.’’ 2019—Subsec. (m). Pub. L. 116–92, § 621(1), (2), inserted ‘‘Members or’’ before ‘‘Former Members’’ in heading and ‘‘member or’’ before ‘‘former member’’ wherever appearing in pars. (1) and (2). Subsec. (m)(3), (4). Pub. L. 116–92, § 621(3), (4), added par. (3) and redesignated former par. (3) as (4). 2017—Subsec. (e)(1)(A)(ii). Pub. L. 115–91, § 531(l)(1), substituted ‘‘the date of entry of judgment under sec- tion 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence includes’’ for ‘‘the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (arti- cle 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes’’. Subsec. (e)(3)(A). Pub. L. 115–91, § 531(l)(2), substituted ‘‘conviction for a dependent-abuse offense and the con- viction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punish- ment is disapproved or is otherwise not part of the judgment under such section (article),’’ for ‘‘conviction by a court-martial for a dependent-abuse offense and each such conviction is disapproved by the person act- ing under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such punishment applicable to the member under the sentence is disapproved by the person acting under sec- tion 860(c) of this title, remitted, set aside, suspended, or mitigated to a lesser punishment that does not in- clude any such punishment,’’. 2014—Subsec. (d)(4). Pub. L. 113–291 substituted ‘‘as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)’’ for ‘‘as of the date on which the individual de- scribed in subsection (b) is separated from active duty’’. 2013—Subsec. (f)(4). Pub. L. 112–239, § 564(a)(1), added par. (4). Subsec. (l). Pub. L. 112–239, § 564(a)(2), substituted ‘‘or eligible spouse at the time of the dependent-abuse of- fense resulting in the separation of the former member or who was carried during pregnancy at the time of the dependent-abuse offense resulting in the separation of the former member and was subsequently born alive to the eligible spouse or former spouse’’ for ‘‘at the time of the dependent-abuse offense resulting in the separa- tion of the former member’’ in introductory provisions. 2003—Subsec. (b)(2). Pub. L. 108–136, § 574, inserted ‘‘, voluntarily or involuntarily,’’ after ‘‘administra- tively separated’’. Subsec. (e)(1)(A). Pub. L. 108–136, § 572(a), substituted ‘‘shall commence—’’ and cls. (i) and (ii) for ‘‘shall com- mence as of the date of the approval of the court-mar- tial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Mili- tary Justice) if the sentence, as approved, includes a dismissal, dishonorable discharge, bad conduct dis- charge, or forfeiture of all pay and allowances; and’’. Subsec. (e)(2). Pub. L. 108–136, § 572(b)(1), substituted ‘‘a period of not less than 12 months and not more than 36 months, as established in policies prescribed by the Secretary concerned’’ for ‘‘a period of 36 months, ex- cept that, if as of the date on which payment of transi- tional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transi- tional compensation is paid shall be equal to the great- er of— ‘‘(A) the unserved portion of the member’s period of obligated active duty service; or ‘‘(B) 12 months’’. Subsec. (e)(3)(A). Pub. L. 108–136, § 572(c), substituted ‘‘conviction is disapproved by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) or set aside, or each such pun- ishment applicable to the member under the sentence is disapproved by the person acting under section 860(c) of this title, remitted, set aside, suspended, or miti- gated’’ for ‘‘punishment applicable to the member under the sentence is remitted, set aside, or miti- gated’’. Subsec. (m). Pub. L. 108–136, § 573(a), added subsec. (m). 2002—Subsecs. (a), (k)(1). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1998—Subsec. (d)(1). Pub. L. 105–261, § 570(a)(1), struck out ‘‘(except as otherwise provided in this subsection)’’ after ‘‘such compensation shall’’ and inserted before pe- riod at end ‘‘, including an amount (determined under Page 951 TITLE 10—ARMED FORCES § 1060 subsection (f)(2)) for each, if any, dependent child of the individual described in subsection (b) who resides in the same household as that spouse or former spouse’’. Subsec. (d)(2). Pub. L. 105–261, § 570(a)(2), substituted ‘‘is or, but for subsection (g), would be eligible’’ for ‘‘(but for subsection (g)) would be eligible’’ and ‘‘com- pensation under this section shall’’ for ‘‘such com- pensation shall’’. Subsec. (d)(4). Pub. L. 105–261, § 570(a)(3), substituted ‘‘For purposes of this subsection’’ for ‘‘For purposes of paragraphs (2) and (3)’’. Subsec. (f)(2). Pub. L. 105–261, § 570(b), substituted ‘‘has custody of a dependent child of the member who resides in the same household as that spouse or former spouse’’ for ‘‘has custody of a dependent child or chil- dren of the member’’. 1996—Subsec. (a). Pub. L. 104–106, § 636(a), inserted at end ‘‘Upon establishment of such a program, the pro- gram shall apply in the case of each such member de- scribed in subsection (b) who is under the jurisdiction of the Secretary establishing the program.’’ Subsec. (c)(2). Pub. L. 104–106, § 1503(a)(8), substituted ‘‘subsection (k)’’ for ‘‘subsection (j)’’. Subsec. (d). Pub. L. 104–106, § 636(b)(1), in introductory provisions, substituted ‘‘the case of any individual de- scribed in subsection (b)’’ for ‘‘any case of a separation from active duty as described in subsection (b)’’ and ‘‘dependents of the individual’’ for ‘‘dependents of the former member’’. Subsec. (d)(1). Pub. L. 104–106, § 636(b)(2), substituted ‘‘If the individual’’ for ‘‘If the former member’’ and ‘‘to whom the individual’’ for ‘‘to whom the member’’. Subsec. (d)(2). Pub. L. 104–106, § 636(b)(3), substituted ‘‘individual described in subsection (b)’’ for ‘‘former member’’ in two places. Subsec. (d)(3). Pub. L. 104–106, § 636(b)(4), substituted ‘‘individual described in subsection (b)’’ for ‘‘former member’’. Subsec. (d)(4). Pub. L. 104–106, § 636(b)(5), substituted ‘‘individual described in subsection (b)’’ for ‘‘member’’ in two places. Subsec. (g)(3). Pub. L. 104–106, § 1503(a)(8), substituted ‘‘subsection (k))’’ for ‘‘subsection (j))’’. 1994—Pub. L. 103–337, § 1070(a)(5)(A), renumbered sec- tion 1058 of this title as this section. Pub. L. 103–337, § 535(c)(1), inserted ‘‘; commissary and exchange benefits’’ at end of section catchline. Subsec. (e). Pub. L. 103–337, § 535(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—(1) Payment of transitional compensation under this sec- tion shall commence as of the date of the discontinu- ance of the member’s pay and allowances pursuant to the separation or sentencing of the member and, except as provided in paragraph (2), shall be paid for a period of 36 months. ‘‘(2) If as of the date on which payment of transi- tional compensation commences the unserved portion of the member’s period of obligated active duty service is less than 36 months, the period for which transi- tional compensation is paid shall be equal to the great- er of— ‘‘(A) the unserved portion of the member’s period of obligated active duty service; or ‘‘(B) 12 months.’’ Subsecs. (j) to (l). Pub. L. 103–337, § 535(b), added sub- sec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title V, § 564(b), Jan. 2, 2013, 126 Stat. 1749, provided that: ‘‘No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins be- fore the date of the enactment of this Act [Jan. 2, 2013].’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title V, § 572(d), Nov. 24, 2003, 117 Stat. 1485, provided that: ‘‘The amendments made by this section [amending this section] shall apply only with respect to cases in which a court-martial sentence is adjudged on or after the date of the enactment of this Act [Nov. 24, 2003].’’ Pub. L. 108–136, div. A, title V, § 573(b), Nov. 24, 2003, 117 Stat. 1485, provided that: ‘‘The authority under sub- section (m) of section 1059 of title 10, United States Code, as added by subsection (a), may be exercised with respect to eligibility for benefits under that section only for dependents and former dependents of individ- uals who are separated from active duty in the Armed Forces on or after the date of the enactment of this Act [Nov. 24, 2003].’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title V, § 570(c), Oct. 17, 1998, 112 Stat. 2032, provided that: ‘‘No benefits shall accrue by reason of the amendments made by this section [amending this section] for any month that begins be- fore the date of the enactment of this Act [Oct. 17, 1998].’’ EFFECTIVE DATE Pub. L. 103–160, div. A, title V, § 554(b), Nov. 30, 1993, 107 Stat. 1666, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(5), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title VI, § 636(c), Feb. 10, 1996, 110 Stat. 367, provided that: ‘‘(1) The section of title 10, United States Code, added by subsection (a)(1) [this section] shall apply with re- spect to a member of the Armed Forces who, after No- vember 29, 1993— ‘‘(A) is separated from active duty as described in subsection (b) of such section; or ‘‘(B) forfeits all pay and allowances as described in such subsection. ‘‘(2) Payments of transitional compensation under that section in the case of any person eligible to re- ceive payments under that section shall be made for each month after November 1993 for which that person may be paid transitional compensation in accordance with that section.’’ DURATION OF TRANSITIONAL COMPENSATION PAYMENTS Pub. L. 108–136, div. A, title V, § 572(b)(2), Nov. 24, 2003, 117 Stat. 1485, provided that: ‘‘Policies under subsection (e)(2) of section 1059 of title 10, United States Code, as amended by paragraph (1), for the duration of transi- tional compensation payments under that section shall be prescribed under such subsection not later than six months after the date of the enactment of this Act [Nov. 24, 2003].’’ § 1060. Military service of retired members with newly democratic nations: consent of Con- gress (a) CONSENT OF CONGRESS.—Subject to sub- section (b), Congress consents to a retired mem- ber of the uniformed services— (1) accepting employment by, or holding an office or position in, the military forces of a newly democratic nation; and