Page:United States Statutes at Large Volume 98 Part 3.djvu/177

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2549

decree of divorce, dissolution, or annulment before April 1, 1985, had been married to the member or former member for a period of at least 20 years, at least 15 of which, but less than 20 of which, were 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) Section 1006(d) of the Uniformed Services Former Spouses' Protection Act (title X of Public Law 97-252; 96 Stat. 738) is amended— (1) by striking out "only i f and inserting in lieu thereof "whether"; and (2) by striking out "dated on or after" and all that follows through the end of the sentence and inserting in lieu thereof "dated before, on, or after February 1, 1983.". (c) A person who would qualify as a dependent under section 1072(2)(G) of title 10 (as added by subsection (a)) but for the fact that the person's final decree of divorce, dissolution, or annulment is dated on or after April 1, 1985, shall be considered to be a dependent under such section during the two-year period beginning on the date of such final decree. (d) The amendments made by subsections (a), (b), and (c) shall be effective on January 1, 1985, and shall apply with respect to health care furnished on or after that date.

10 USC 1408 note.

10 USC 1072 note. Ante, p. 2548.

Effective date. 10 USC 1072 note.

PART F—MISCELLANEOUS LEGAL ASSISTANCE PROGRAMS

SEC. 651. (a) Chapter 53 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 1044. Legal assistance "(a) Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to— "(1) members of the armed forces under his jurisdiction who are on active duty; "(2) members and former members under his jurisdiction entitled to retired or retainer pay or equivalent pay; and "(3) dependents of members and former members described in clauses (1) and (2). "(b) Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary is responsible for the establishment and supervision of legal assistance programs under this section. "(c) This section does not authorize legal counsel to be provided to represent a member or former member of the armed forces, or the dependent of a member or former member, in a legal proceeding if the member or former member can afford legal fees for such representation without undue hardship. "(d) The Secretary concerned shall define 'dependent' for the purposes of this section.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1044. Legal assistance.".

10 USC 1044.