REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF ALLOWANCES.

SEC. 631. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF ALLOWANCES. (a) Expansion of Definition.—Section 401(a) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(4) An unmarried person who— “(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months; “(B) either— “(i) has not attained the age of 21; “(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or “(iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or 107 STAT. 1684former member under this paragraph pursuant to clause (i) or (ii); “(C) is dependent on the member for over one-half of the person’s support; “(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and “(E) is not a dependent of a member under any other paragraph.”. (b) Application of Amendment.—Section 401(a)(4) of title 37, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994.