
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1044]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 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 the following persons:
        (1) Members of the armed forces who are on active duty.
        (2) Members and former members entitled to retired or retainer 
    pay or equivalent pay.
        (3) Officers of the commissioned corps of the Public Health 
    Service who are on active duty or entitled to retired or equivalent 
    pay.
        (4) Members of reserve components not covered by paragraph (1) 
    or (2) following release from active duty under a call or order to 
    active duty for more than 30 days issued under a mobilization 
    authority (as determined by the Secretary of Defense), for a period 
    of time, prescribed by the Secretary of Defense, that begins on the 
    date of the release and is not less than twice the length of the 
    period served on active duty under that call or order to active 
    duty.
        (5) Dependents of members and former members described in 
    paragraphs (1), (2), (3), and (4).

    (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 uniformed services described 
in subsection (a), or the dependent of such 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.

(Added Pub. L. 98-525, title VI, Sec. 651(a), Oct. 19, 1984, 98 Stat. 
2549; amended Pub. L. 104-201, div. A, title V, Sec. 583, Sept. 23, 
1996, 110 Stat. 2538; Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 524(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-108.)


                               Amendments

    2000--Subsec. (a)(4). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 524(a)(2)], added par. (4). Former par. (4) redesignated (5).
    Subsec. (a)(5). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 524(b)], substituted ``(3), and (4)'' for ``and (3)''.
    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 524(a)(1)], 
redesignated par. (4) as (5).
    1996--Subsec. (a). Pub. L. 104-201, Sec. 583(d)(1), substituted ``to 
the following persons:'' for ``to--'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 104-201, Sec. 583(c), (d)(2), (3), 
substituted ``Members'' for ``members'', struck out ``under his 
jurisdiction'' after ``armed forces'', and substituted a period for the 
semicolon at end.
    Subsec. (a)(2). Pub. L. 104-201, Sec. 583(c), (d)(2), (4), 
substituted ``Members and'' for ``members and'', struck out ``under his 
jurisdiction'' after ``former members'', and substituted a period for 
``; and'' at end.
    Subsec. (a)(3), (4). Pub. L. 104-201, Sec. 583(a), added pars. (3) 
and (4) and struck out former par. (3) which read as follows: 
``dependents of members and former members described in clauses (1) and 
(2).''
    Subsec. (c). Pub. L. 104-201, Sec. 583(b), substituted ``uniformed 
services described in subsection (a)'' for ``armed forces'' and inserted 
``such'' after ``dependent of''.


                               Regulations

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 524(c)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-108, provided that: ``Regulations to 
implement the amendments made by this section [amending this section] 
shall be prescribed not later than 180 days after the date of the 
enactment of this Act [Oct. 30, 2000].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1044a, 1044c, 1044d, 1052 of 
this title; title 14 section 514.
