I
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 mar-
ried 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 deter-
mining 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 Representa-
tives 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 subpara-
graph (H);
(2) by striking the period at the end of sub-
paragraph (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 re-
tainer pay, or equivalent pay, and on the date
of the final decree of divorce, dissolution, or an-
nulment, had been married to the member or
former member for a period of at least 17 years
during the period the member or former mem-
ber 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 subpara-
graph (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 request-
ing such medical and dental care and certifying that
the former spouse satisfies the conditions for eligi-
bility; and
(2) the Secretary determines that the former
spouse does in fact satisfy the conditions for eligi-
bility.
SEC. 2. EXTENSION OF COMMISSARY BENEFITS TO CER-
TAIN 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 sub-
section (a) applies to an unremarried former spouse of a
member or former member of the uniformed services de-
scribed 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.
Æ