I
104TH CONGRESS
1ST SESSION
H. R. 1726
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.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1995
Mrs. MINK of Hawaii introduced the following bill; which was referred to the
Committee on National Security
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 determin-
ing the member’s eligibility for retired pay and the
former spouse was married to the member for a period
of at least 17 years.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1726 IH
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 out ‘‘and’’ at the end of sub-
paragraph (G);
(2) by striking out the period at the end of sub-
paragraph (H) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(I) 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, 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—
HR 1726 IH
(A) by inserting after ‘‘who’’ the following:
‘‘does not qualify as a dependent under subpara-
graph (I) but who’’; and
(B) by striking out ‘‘clause (G)’’ and inserting
in lieu thereof ‘‘subparagraph (G)’’.
(2) Section 1076(b)(2) of such title is amended by
striking out ‘‘section 1072(2)(F)’’ and inserting in lieu
thereof ‘‘subparagraph (F) or (I) of section 1072(2)’’.
(3) Section 1078a(b)(3)(C) of such title is amended
by striking out ‘‘or (G)’’ and inserting in lieu thereof ‘‘,
(G), or (I)’’.
(4) Section 1086(c)(3) of such title is amended by
striking out ‘‘or (H)’’ and inserting in lieu thereof ‘‘(H),
or (I)’’.
(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 (I) 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—
HR 1726 IH
(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
(I)(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 (I) 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