10 U.S.C. § 1044d — Military testamentary instruments: re-

Page 931 TITLE 10—ARMED FORCES § 1044d (Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.) § 1044c. Advance medical directives of members and dependents: requirement for recognition by States (a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.—An advance medical directive executed by a person eligible for legal assistance— (1) is exempt from any requirement of form, substance, formality, or recording that is pro- vided for advance medical directives under the laws of a State; and (2) shall be given the same legal effect as an advance medical directive prepared and exe- cuted in accordance with the laws of the State concerned. (b) ADVANCE MEDICAL DIRECTIVES.—For pur- poses of this section, an advance medical direc- tive is any written declaration that— (1) sets forth directions regarding the provi- sion, withdrawal, or withholding of life-pro- longing procedures, including hydration and sustenance, for the declarant whenever the de- clarant has a terminal physical condition or is in a persistent vegetative state; or (2) authorizes another person to make health care decisions for the declarant, under cir- cumstances stated in the declaration, when- ever the declarant is incapable of making in- formed health care decisions. (c) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed by the Secretary con- cerned, an advance medical directive prepared by an attorney authorized to provide legal as- sistance shall contain a statement that sets forth the provisions of subsection (a). (2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that para- graph. (d) STATES NOT RECOGNIZING ADVANCE MEDICAL DIRECTIVES.—Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State. (e) DEFINITIONS.—In this section: (1) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States. (2) The term ‘‘person eligible for legal assist- ance’’ means a person who is eligible for legal assistance under section 1044 of this title. (3) The term ‘‘legal assistance’’ means legal services authorized under section 1044 of this title. (Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title VII, § 749(b), Feb. 10, 1996, 110 Stat. 389, provided that: ‘‘Section 1044c of title 10, United States Code, shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to advance medical directives referred to in that section that are executed before, on, or after that date.’’ § 1044d. Military testamentary instruments: re- quirement for recognition by States (a) TESTAMENTARY INSTRUMENTS TO BE GIVEN LEGAL EFFECT.—A military testamentary in- strument— (1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and (2) has the same legal effect as a testa- mentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate. (b) MILITARY TESTAMENTARY INSTRUMENTS.— For purposes of this section, a military testa- mentary instrument is an instrument that is prepared with testamentary intent in accord- ance with regulations prescribed under this sec- tion and that— (1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance; (2) makes a disposition of property of the testator; and (3) takes effect upon the death of the tes- tator. (c) REQUIREMENTS FOR EXECUTION OF MILITARY TESTAMENTARY INSTRUMENTS.—An instrument is valid as a military testamentary instrument only if— (1) the instrument is executed by the tes- tator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator); (2) the execution of the instrument is nota- rized by— (A) a military legal assistance counsel; (B) a person who is authorized to act as a notary under section 1044a of this title who— (i) is not an attorney; and (ii) is supervised by a military legal as- sistance counsel; or (C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel; (3) the instrument is executed in the pres- ence of at least two disinterested witnesses (in addition to the person notarizing the instru- ment in accordance with paragraph (2)), each of whom attests to witnessing the testator’s execution of the instrument by signing it; and (4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section. (d) SELF-PROVING MILITARY TESTAMENTARY IN- STRUMENTS.—(1) If the document setting forth a military testamentary instrument meets the re- quirements of paragraph (2), then the signature of a person on the document as the testator, an attesting witness, a notary, or the presiding at- torney, together with a written representation of the person’s status as such and the person’s military grade (if any) or other title, is prima facie evidence of the following: (A) That the signature is genuine. Page 932 TITLE 10—ARMED FORCES § 1044e (B) That the signatory had the represented status and title at the time of the execution of the will. (C) That the signature was executed in com- pliance with the procedures required under the regulations prescribed under subsection (f). (2) A document setting forth a military testa- mentary instrument meets the requirements of this paragraph if it includes (or has attached to it), in a form and content required under the regulations prescribed under subsection (f), each of the following: (A) A certificate, executed by the testator, that includes the testator’s acknowledgment of the testamentary instrument. (B) An affidavit, executed by each witness signing the testamentary instrument, that at- tests to the circumstances under which the testamentary instrument was executed. (C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed by the notary or other official administering the oath. (e) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed under this section, each military testamentary instrument shall contain a statement that sets forth the provisions of subsection (a). (2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a testamentary instrument that does not include a statement described in that paragraph. (f) REGULATIONS.—Regulations for the pur- poses of this section shall be prescribed jointly by the Secretary of Defense and by the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Department of the Navy. (g) DEFINITIONS.—In this section: (1) The term ‘‘person eligible for military legal assistance’’ means a person who is eligi- ble for legal assistance under section 1044 of this title. (2) The term ‘‘military legal assistance counsel’’ means— (A) a judge advocate (as defined in section 801(13) of this title); or (B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title. (3) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each possession of the United States. (Added Pub. L. 106–398, § 1 [[div. A], title V, § 551(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–123; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114–328, div. A, title V, § 523(a), Dec. 23, 2016, 130 Stat. 2116.) Editorial Notes AMENDMENTS 2016—Subsec. (c)(2). Pub. L. 114–328, § 523(a)(1), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘the instrument is executed in the presence of a military legal assistance counsel acting as presiding attorney;’’. Subsec. (c)(3). Pub. L. 114–328, § 523(a)(2), substituted ‘‘person notarizing the instrument in accordance with paragraph (2)’’ for ‘‘presiding attorney’’. 2002—Subsec. (f). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 1044e. Special Victims’ Counsel for victims of sex-related offenses (a) DESIGNATION; PURPOSES.—(1) The Secretary concerned shall designate legal counsel (to be known as ‘‘Special Victims’ Counsel’’) for the purpose of providing legal assistance to an indi- vidual described in paragraph (2) who is the vic- tim of an alleged sex-related offense, regardless of whether the report of that offense is re- stricted or unrestricted. (2) An individual described in this paragraph is any of the following: (A) An individual eligible for military legal assistance under section 1044 of this title. (B) An individual who is— (i) not covered under subparagraph (A); (ii) a member of a reserve component of the armed forces; and (iii) a victim of an alleged sex-related of- fense as described in paragraph (1)— (I) during a period in which the indi- vidual served on active duty, full-time Na- tional Guard duty, or inactive-duty train- ing; or (II) during any period, regardless of the duty status of the individual, if the cir- cumstances of the alleged sex-related of- fense have a nexus to the military service of the victim, as determined under regula- tions prescribed by the Secretary of De- fense. (C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under section 1044(a)(7) of this title, but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department con- cerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee. (b) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— The types of legal assistance authorized by sub- section (a) include the following: (1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances sur- rounding the alleged sex-related offense and the victim’s right to seek military defense services. (2) Legal consultation regarding the Victim Witness Assistance Program, including— (A) the rights and benefits afforded the victim; (B) the role of the Victim Witness Assist- ance Program liaison and what privileges do or do not exist between the victim and the liaison; and (C) the nature of communication made to the liaison in comparison to communication