[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 288

To amend title 10, United States Code, to extend eligibility to use the 
  military health care system and commissary stores to an unremarried 
   former spouse of a member of the uniformed services if the member 
     performed at least 20 years of service which is creditable in 
  determining the member's eligibility for retired pay and the former 
  spouse was married to the member for a period of at least 17 years 
                     during those years of service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

Mrs. Mink of Hawaii (for herself, Mr. Faleomavaega, Ms. McKinney, Mrs. 
Christensen, Mr. Filner, and Mr. Frost) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to extend eligibility to use the 
  military health care system and commissary stores to an unremarried 
   former spouse of a member of the uniformed services if the member 
     performed at least 20 years of service which is creditable in 
  determining the member's eligibility for retired pay and the former 
  spouse was married to the member for a period of at least 17 years 
                     during those years of service.

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

SECTION 1. COVERAGE UNDER THE MILITARY HEALTH CARE SYSTEM FOR CERTAIN 
              FORMER SPOUSES.

    (a) Coverage Generally.--Section 1072(2) of title 10, United States 
Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (H);
            (2) by striking the period at the end of subparagraph (I) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(J) a person who (i) is the unremarried former 
                spouse of a member or former member who performed at 
                least 20 years of service which is creditable in 
                determining the member or former member's eligibility 
                for retired or retainer pay, or equivalent pay, and on 
                the date of the final decree of divorce, dissolution, 
                or annulment, had been married to the member or former 
                member for a period of at least 17 years during the 
                period the member or former member performed service 
                creditable in determining the member or former member's 
                eligibility for retired or retainer pay, and (ii) does 
                not have medical coverage under an employer-sponsored 
                health plan.''.
    (b) Conforming Amendments.--(1) Section 1072(2)(H) of title 10, 
United States Code, is amended--
            (A) by inserting after ``who'' the following: ``does not 
        qualify as a dependent under subparagraph (J) but who''; and
            (B) by striking ``clause (G)'' and inserting ``subparagraph 
        (G)''.
    (2) Section 1078a(b)(3)(C) of such title is amended by striking 
``or (G)'' and inserting ``, (G), or (J)''.
    (3) Section 1086(c)(3) of such title is amended by striking ``or 
(H)'' and inserting ``(H), or (J)''.
    (c) Effect of Coverage on Existing Former Spouses.--An unremarried 
former spouse of a member or former member of the uniformed services 
described in subparagraph (J) of section 1072(2) of title 10, United 
States Code, as added by subsection (a), whose date of final decree of 
divorce, dissolution, or annulment is before the date of the enactment 
of this Act shall be eligible to receive health care benefits and 
services provided under chapter 55 of such title as a result of 
operation of such subparagraph only if--
            (1) the former spouse files an application with the 
        Secretary of Defense not later than one year after the date of 
        the enactment of this Act requesting such medical and dental 
        care and certifying that the former spouse satisfies the 
        conditions for eligibility; and
            (2) the Secretary determines that the former spouse does in 
        fact satisfy the conditions for eligibility.

SEC. 2. EXTENSION OF COMMISSARY BENEFITS TO CERTAIN FORMER SPOUSES.

    (a) Extension of Benefits.--Section 1062 of title 10, United States 
Code, is amended by inserting ``or (J)(i)'' after ``subparagraph 
(F)(i)''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
an unremarried former spouse of a member or former member of the 
uniformed services described in subparagraph (J) of section 1072(2) of 
such title, as added by section 1(a), whose date of final decree of 
divorce, dissolution, or annulment is before, on, or after the date of 
the enactment of this Act.
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