10 U.S.C. § 1060 — Military service of retired members with

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 Page 952 TITLE 10—ARMED FORCES § 1060a (2) accepting compensation associated with such employment, office, or position. (b) APPROVAL REQUIRED.—The consent pro- vided 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 employ- ment or the holding of such office or position. (c) DETERMINATION OF NEWLY DEMOCRATIC NA- TIONS.—The Secretary concerned and the Sec- retary 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) CONTINUED ENTITLEMENT TO RETIRED PAY AND BENEFITS.—The eligibility of a retired mem- ber to receive retired or retainer pay and other benefits arising from the retired member’s sta- tus as a retired member of the uniformed serv- ices, and the eligibility of dependents of such re- tired member to receive benefits on the basis of such retired member’s status as a retired mem- ber of the uniformed services, may not be termi- nated 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 GOVERN- MENTS.—For a provision of law providing the consent of Congress to civil employment by for- eign governments, see section 908 of title 37. (Added Pub. L. 103–160, div. A, title XIV, § 1433(b)(1), Nov. 30, 1993, 107 Stat. 1834, § 1058; re- numbered § 1060, Pub. L. 103–337, div. A, title X, § 1070(a)(6)(A), Oct. 5, 1994, 108 Stat. 2855; amend- ed Pub. L. 104–106, div. A, title XV, § 1502(a)(13), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(9), Nov. 24, 2003, 117 Stat. 1597.) Editorial Notes AMENDMENTS 2003—Subsec. (d). Pub. L. 108–136 struck out heading and text of subsec. (d). Text read as follows: ‘‘The Sec- retary concerned and the Secretary of State shall no- tify the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representa- tives of each approval under subsection (b) and each de- termination under subsection (c).’’ 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (d). Pub. L. 104–106 substituted ‘‘Com- mittee 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 sec- tion 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 hall- mark of the Armed Forces of the United States. ‘‘(3) The understanding of military roles and mis- sions 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 un- derstanding of military roles and missions in a de- mocracy.’’ § 1060a. Special supplemental food program (a) PROGRAM REQUIRED.—The Secretary of De- fense shall carry out a program to provide sup- plemental foods and nutrition education to members of the armed forces on duty at stations outside the United States (and its territories and possessions) and to eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its terri- tories and possessions). (b) FUNDING MECHANISM.—The Secretary of De- fense shall use funds available for the Depart- ment of Defense to carry out the program under subsection (a). (c) PROGRAM ADMINISTRATION.—(1)(A) The Sec- retary of Defense shall administer the program referred to in subsection (a) and, except as pro- vided in subparagraph (B), shall determine eligi- bility for program benefits under the criterion published by the Secretary of Agriculture under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). In determining eligibility for bene- fits, a person already certified for participation in the special supplemental nutrition program for women, infants, and children under such sec- tion 17 shall be considered eligible for the dura- tion of the certification period under that spe- cial supplemental nutrition program. (B) In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion de- scribed in subparagraph (A), including nutri- tional risk standards. In the application of such criterion, the Secretary shall exclude from in- come any basic allowance for housing as per- mitted under section 17(d)(2)(B) of the Child Nu- trition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).