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10 USC Sec. 1491 01/03/2012 (112-90)
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TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 75 - DECEASED PERSONNEL
SUBCHAPTER II - DEATH BENEFITS
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Sec. 1491. Funeral honors functions at funerals for veterans
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(a) Availability of Funeral Honors Detail Ensured. - The
Secretary of Defense shall ensure that, upon request, a funeral
honors detail is provided for the funeral of any veteran, except
when military honors are prohibited under section 985(a) of this
title.
(b) Composition of Funeral Honors Details. - (1) The Secretary of
each military department shall ensure that a funeral honors detail
for the funeral of a veteran consists of two or more persons.
(2) At least two members of the funeral honors detail for a
veteran's funeral shall be members of the armed forces (other than
members in a retired status), at least one of whom shall be a
member of the armed force of which the veteran was a member. The
remainder of the detail may consist of members of the armed forces
(including members in a retired status), or members of veterans
organizations or other organizations approved for purposes of this
section under regulations prescribed by the Secretary of Defense.
Each member of the armed forces in the detail shall wear the
uniform of the member's armed force while serving in the detail.
(c) Ceremony. - A funeral honors detail shall, at a minimum,
perform at the funeral a ceremony that includes the folding of a
United States flag and presentation of the flag to the veteran's
family and the playing of Taps. Unless a bugler is a member of the
detail, the funeral honors detail shall play a recorded version of
Taps using audio equipment which the detail shall provide if
adequate audio equipment is not otherwise available for use at the
funeral.
(d) Support. - (1) To support a funeral honors detail under this
section, the Secretary of a military department may provide the
following:
(A) For a person who participates in a funeral honors detail
(other than a person who is a member of the armed forces not in a
retired status or an employee of the United States), either
transportation (or reimbursement for transportation) and expenses
or the daily stipend prescribed under paragraph (2).
(B) For members of a veterans organization or other
organization referred to in subsection (b)(2) and for members of
the armed forces in a retired status, materiel, equipment, and
training.
(C) For members of a veterans organization or other
organization referred to in subsection (b)(2), articles of
clothing that, as determined by the Secretary concerned, are
appropriate as a civilian uniform for persons participating in a
funeral honors detail.
(2) The Secretary of Defense shall prescribe annually a flat rate
daily stipend for purposes of paragraph (1)(A). Such stipend shall
be set at a rate so as to encompass typical costs for
transportation and other miscellaneous expenses for persons
participating in funeral honors details who are members of the
armed forces in a retired status and other persons who are not
members of the armed forces or employees of the United States.
(3) A stipend paid under this subsection to a member of the armed
forces in a retired status is in addition to any compensation to
which the member is entitled under section 495(a)(2) of title 37
and any other compensation to which the member may be entitled.
(e) Waiver Authority. - (1) The Secretary of Defense may waive
any requirement provided in or pursuant to this section when the
Secretary considers it necessary to do so to meet the requirements
of war, national emergency, or a contingency operation or other
military requirements. The authority to make such a waiver may not
be delegated to an official of a military department other than the
Secretary of the military department and may not be delegated
within the Office of the Secretary of Defense to an official at a
level below Under Secretary of Defense.
(2) Before or promptly after granting a waiver under paragraph
(1), the Secretary shall transmit a notification of the waiver to
the Committees on Armed Services of the Senate and House of
Representatives.
(f) Regulations. - The Secretary of Defense shall prescribe
regulations to carry out this section. Those regulations shall
include the following:
(1) A system for selection of units of the armed forces and
other organizations to provide funeral honors details.
(2) Procedures for responding and coordinating responses to
requests for funeral honors details.
(3) Procedures for establishing standards and protocol.
(4) Procedures for providing training and ensuring quality of
performance.
(g) Annual Report. - The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report not later
than January 31 of each year beginning with 2001 and ending with
2005 on the experience of the Department of Defense under this
section. Each such report shall provide data on the number of
funerals supported under this section, the cost for that support,
shown by manpower and other cost factors, and the number and costs
of funerals supported by each participating organization. The data
in the report shall be presented in a standard format, regardless
of military department or other organization.
(h) Veteran Defined. - In this section, the term "veteran" means
a decedent who -
(1) served in the active military, naval, or air service (as
defined in section 101(24) of title 38) and who was discharged or
released therefrom under conditions other than dishonorable; or
(2) was a member or former member of the Selected Reserve
described in section 2301(f) of title 38.
-SOURCE-
(Added Pub. L. 105-261, div. A, title V, Sec. 567(b)(1), Oct. 17,
1998, 112 Stat. 2030; amended Pub. L. 106-65, div. A, title V, Sec.
578(a)(1), (b)-(e), (k)(1), title X, Sec. 1067(1), Oct. 5, 1999,
113 Stat. 625-627, 630, 774; Pub. L. 107-107, div. A, title V,
Secs. 561(a), 564, Dec. 28, 2001, 115 Stat. 1119, 1120; Pub. L. 107-
314, div. A, title V, Sec. 571, Dec. 2, 2002, 116 Stat. 2556; Pub.
L. 109-163, div. A, title VI, Sec. 662(b)(4), Jan. 6, 2006, 119
Stat. 3315; Pub. L. 112-81, div. A, title VI, Sec. 631(f)(4)(A),
Dec. 31, 2011, 125 Stat. 1465.)
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CODIFICATION
Section 631(f)(4)(A) of Pub. L. 112-81, which directed that this
title be amended by conforming any references to sections of title
37, United States Code, which were transferred and redesignated by
"subsection (c)" of section 631, was executed by conforming the
references to those sections as transferred and redesignated by
subsection (d) of section 631, to reflect the probable intent of
Congress.
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AMENDMENTS
2011 - Subsec. (d)(3). Pub. L. 112-81 substituted "495(a)(2)" for
"435(a)(2)". See Codification note above.
2006 - Subsec. (a). Pub. L. 109-163 inserted ", except when
military honors are prohibited under section 985(a) of this title"
before period at end.
2002 - Subsec. (d)(1). Pub. L. 107-314, Sec. 571(1), designated
existing provisions as par. (1) and substituted " To support a" for
"To provide a". Former par. (1) redesignated (1)(A).
Subsec. (d)(1)(A). Pub. L. 107-314, Sec. 571(2), redesignated
par. (1) as subpar. (A) of par. (1) and amended it generally. Prior
to amendment, text read as follows: "Transportation, or
reimbursement for transportation, and expenses for a person who
participates in the funeral honors detail and is not a member of
the armed forces or an employee of the United States."
Subsec. (d)(1)(B). Pub. L. 107-314, Sec. 571(3), redesignated
par. (2) as subpar. (B) of par. (1), substituted "For" for
"Materiel, equipment, and training for", and inserted "and for
members of the armed forces in a retired status, materiel,
equipment, and training" before period at end.
Subsec. (d)(1)(C). Pub. L. 107-314, Sec. 571(4), redesignated
par. (3) as subpar. (C) of par. (1), substituted "For" for
"Articles of clothing for", and inserted ", articles of clothing"
after "subsection (b)(2)".
Subsec. (d)(2), (3). Pub. L. 107-314, Sec. 571(5), added pars.
(2) and (3). Former pars. (2) and (3) redesignated subpars. (B) and
(C), respectively, of par. (1).
2001 - Subsec. (b)(2). Pub. L. 107-107, Sec. 561(a), inserted
"(other than members in a retired status)" after "members of the
armed forces" in first sentence and inserted "(including members in
a retired status)," after "members of the armed forces" in second
sentence.
Subsec. (d)(3). Pub. L. 107-107, Sec. 564, added par. (3).
1999 - Pub. L. 106-65, Sec. 578(k)(1), substituted "Funeral
honors functions at funerals for veterans" for "Honor guard details
at funerals of veterans" as section catchline.
Subsec. (a). Pub. L. 106-65, Sec. 578(a)(1), amended heading and
text of subsec. (a) generally. Prior to amendment, text read as
follows: "The Secretary of a military department shall, upon
request, provide an honor guard detail (or ensure that an honor
guard detail is provided) for the funeral of any veteran that
occurs after December 31, 1999."
Subsec. (b). Pub. L. 106-65, Sec. 578(b), substituted "Funeral
Honors Details" for "Honor Guard Details" in subsec. (b) heading,
designated existing provisions as par. (1), substituted "a funeral
honors detail" for "an honor guard detail" and "two or more
persons." for "not less than three persons and (unless a bugler is
part of the detail) has the capability to play a recorded version
of Taps.", redesignated subsec. (c) as subsec. (b)(2), struck out
former subsec. (c) heading "Persons Forming Honor Guards", and
substituted "At least two members of the funeral honors detail for
a veteran's funeral shall be members of the armed forces, at least
one of whom shall be a member of the armed force of which the
veteran was a member. The remainder of the detail" for "An honor
guard detail" and "Each member of the armed forces in the detail
shall wear the uniform of the member's armed force while serving in
the detail." for "The Secretary of a military department may
provide transportation, or reimbursement for transportation, and
expenses for a person who participates in an honor guard detail
under this section and is not a member of the armed forces or an
employee of the United States."
Subsec. (c). Pub. L. 106-65, Sec. 578(c)(2), added subsec. (c).
Former subsec. (c) redesignated subsec. (b)(2).
Subsecs. (d), (e). Pub. L. 106-65, Sec. 578(c)(2), added subsecs.
(d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g),
respectively.
Subsec. (f). Pub. L. 106-65, Sec. 578(d), amended heading and
text of subsec. (f) generally. Prior to amendment, text read as
follows: "The Secretary of Defense shall by regulation establish a
system for selection of units of the armed forces and other
organizations to provide honor guard details. The system shall
place an emphasis on balancing the funeral detail workload among
the units and organizations providing honor guard details in an
equitable manner as they are able to respond to requests for such
details in terms of geographic proximity and available resources.
The Secretary shall provide in such regulations that the armed
force in which a veteran served shall not be considered to be a
factor when selecting the military unit or other organization to
provide an honor guard detail for the funeral of the veteran."
Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (d) as (f).
Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 106-65, Sec. 1067(1), substituted "and the
Committee on Armed Services" for "and the Committee on National
Security".
Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (e) as (g).
Subsec. (h). Pub. L. 106-65, Sec. 578(e), amended heading and
text of subsec. (h) generally. Prior to amendment, text read as
follows: "In this section, the term 'veteran' has the meaning given
that term in section 101(2) of title 38."
Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (f) as (h).
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109-163 applicable with respect to funerals
and burials that occur on or after Jan. 6, 2006, see section 662(e)
of Pub. L. 109-163, set out as a note under section 985 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-65, div. A, title V, Sec. 578(a)(2), Oct. 5, 1999,
113 Stat. 625, provided that: "Section 1491(a) of title 10, United
States Code, as amended by paragraph (1), shall apply with respect
to funerals that occur after December 31, 1999."
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