Page:United States Statutes at Large Volume 122.djvu/4497

 12 2 STA T .4 4 7 4 PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8‘ ‘ (d)PORTABLEC AREER OP PORT UNI TIE SD E F INE D.—Inthis s ec- ti o n , the te rm ‘ p ort abl e career ’ incl u des an occupation identi f ied b y the S ecretary of Defense, in consultation w ith the Secretary of L abor, as re q uirin g education and training that results in a credential that is recogni z ed nationwide by industry or specific businesses. ‘‘(e) R E G ULATIONS.— T he Secretary of Defense shall prescribe regulations to go v ern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are e x cluded from participation in the programs under subsection (c)( 2 ).’’. (b) CLERI C AL AM ENDMENT.—The table of sections at the begin- ning of such subchapter is amended by inserting after the item relating to section 1784 the following new item

‘ 1784a.Educ a tion and t r ainin g o p portuniti esf or m i l itar y spouses to e x pand employ - ment and porta b le career opportunities. ’ ’. SEC.583 .SE N SE OF CON GR ESS REG A R DI NG H ONOR G U ARD DE T AI L S FOR FUNERALS OF V ETERANS. It is the sense of Congress that the Secretaries of the military departments should, to the maximum extent practicable, provide honor guard details for the funerals of veterans as is required under section 14 9 1oftitle1 0, U nited States Code, as added by section 56 7(b) of Public Law 105 – 261 (112 Stat. 20 3 0). Subti t leJ—O t h e rMa tter s SEC. 5 91 . P ROHI B ITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE B Y THE LEGAL COUNSEL TO THE CHAIR M AN OF THE J OINT CHIEFS OF STAFF. Section 156(d) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Legal Counsel’’ and (2) by adding at the end the following new paragraph: ‘‘(2) N o officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the J oint Chiefs of Staff and to the Joint Chiefs of Staff.’’. SEC. 59 2 . INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM CORRECTION OF MILITARY RECORDS. (a) INTEREST PA Y ABLE ON CLAIMS.—Subsection (c) of section 1552 of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, the interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine

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