I

103D CONGRESS

1ST SESSION H. R. 3066

To amend title 10, United States Code, to provide congressional consent

for the employment of retired members of the Armed Forces of the

United States by governments of newly democratic nations.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 1993

Mr. KYL (for himself and Mr. DURBIN) introduced the following bill; which

was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide congressional consent for the employment of retired members

of the Armed Forces of the United States by governments of newly democratic nations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EMPLOYMENT OF RETIRED MEMBERS OF UNI4 FORMED SERVICES BY CERTAIN FOREIGN

5 GOVERNMENTS.

6 (a) FINDINGS.—The Congress makes the following

7 findings:
2

•HR 3066 IH

1 (1) It is in the national security interest of the

2 United States to promote democracy throughout the

3 world.

4 (2) The armed forces of newly democratic na5 tions often lack the democratic traditions that are a

6 hallmark of the Armed Forces of the United States.

7 (3) The understanding of military roles and

8 missions in a democracy is essential for the develop9 ment and preservation of democratic forms of gov10 ernment.

11 (4) The service of retired members of the

12 Armed Forces of the United States in the armed

13 forces of newly democratic nations could lead to a

14 better understanding of military roles and missions

15 in a democracy.

16 (b) CONGRESSIONAL CONSENT.—(1) Chapter 53 of

17 title 10, United States Code, is amended by adding at the

18 end the following new section:

19 ‘‘§ 1058. Military service with newly democratic na20 tions: congressional consent for retired

21 members

22 ‘‘(a) CONGRESSIONAL CONSENT.—Subject to sub23 section (b), Congress consents to a retired member of the

24 uniformed services referred to in subsection (b)—
3

•HR 3066 IH

1 ‘‘(1) accepting employment by, or holding an of2 fice or position in, the armed forces of a newly

3 democratic nation; and

4 ‘‘(2) accepting compensation associated with

5 that employment, office, or position.

6 ‘‘(b) DETERMINATIONS AND APPROVAL RE7 QUIRED.—(1) The Secretary concerned and the Secretary

8 of State shall jointly determine whether a nation is a newly

9 democratic nation for the purposes of this section.

10 ‘‘(2) The consent provided in subsection (a) for a re11 tired member of the uniformed services to accept employ12 ment or hold an office or position shall apply to a retired

13 member of the armed forces only if the Secretary con14 cerned and the Secretary of State jointly approve the em15 ployment or the holding of such office or position.

16 ‘‘(c) CONTINUED ENTITLEMENT TO RETIRED PAY

17 AND BENEFITS.—The eligibility of a retired member of

18 the uniformed services to receive retired or retainer pay

19 and other benefits arising from the retired member’s sta20 tus as a retired member of the uniformed services, and

21 the eligibility of dependents of such retired member to re22 ceive benefits on the basis of such retired member’s status

23 as a retired member of the uniformed services, may not

24 be terminated by reason of employment or holding of an

25 office or position consented to in subsection (a).
4

•HR 3066 IH

1 ‘‘(d) RETIRED MEMBER DEFINED.—In this section,

2 the term ‘retired member of the uniformed services’ means

3 a member or former member of the uniformed services

4 who is entitled to receive retired or retainer pay.’’.

5 (2) The table of sections at the beginning of chapter

6 53 of such title is amended by adding at the end the fol7 lowing:

‘‘1058. Military service with newly democratic nations: congressional consent for

retired members.’’.

8 (c) EFFECTIVE DATE.—Section 1058 of title 10,

9 United States Code, as added by subsection (a), shall take

10 effect as of January 1, 1993.

Æ