Page:United States Statutes at Large Volume 122.djvu/4496

 12 2 STA T .4 4 73PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8‘ ‘ (3)Aflagtobepr e s e n te d to a person u nder subparagrap h ( B ) , ( C ),or( D ) of paragraph ( 1 )shallbeofe q ual s iz etothe flag presented under subparagraph (A) of su c h paragraph to the person designated to direct disposition of the re m ains of the decedent . ‘‘( 4 ) T his subsection does not appl y to a military prisoner w ho dies while in the custody of the S ecretary concerned and while under a sentence that includes a discharge. ‘‘( 5 ) I n this subsection

‘‘(A) The term ‘parent ’ includes a natural parent, a step - parent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. P reference under para- graph (1)(B) shall be gi v en to the persons who e x ercised a parental relationship at the time of, or most nearly before, the death of the decedent. ‘‘(B) The term ‘child’ has the meaning prescribed by section 14 7 7(d) of this title.’’. (b) REP E ALOF S U PE RS E D ED PRO VI SIO N S. — Subsection (a) of such section is amended by stri k ing paragraphs (1 0 ) and (11). SEC.582 .E DU C ATION AND T R AININ G O P PORTUNITIES F OR M I L ITAR Y SPOUSES. (a) EM PLO Y MEN T AND PORTA B LE CAREER O PPORTUNITIES FOR SPOUSES.—Subchapter I of chapter 8 8 of title 10, U nited States Code, is amended by inserting after section 1784 the following new section: ‘ ‘ §1784a.Educ a tion and t r ainin g o p portuniti esf or m i l itar y spouses to e x pand employment and porta b le career opportunities ‘‘(a) PRO G RAMS AND TUITION ASSISTAN C E.—(1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving— ‘‘(A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse or ‘‘(B) the education prerequisites and professional licensure or credential required, by a government or government sanc- tioned licensing body, for an occupation that expands employ- ment and portable career opportunities for the spouse. ‘‘( 2 ) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse’s employment and portable career opportunities. ‘‘(b) ELIGIBLE SPOUSES.—Assistance under this section is lim- ited to a spouse of a member of the armed forces who is serving on active duty. ‘‘(c) E X CEPTIONS.—Subsection (b) does not include— ‘‘(1) a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and ‘‘(2) a spouse of a member of the armed forces who is also a member of the armed forces.

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