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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

-HEAD-
    Sec. 1491. Funeral honors functions at funerals for veterans

-STATUTE-
      (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.


-MISC1-
                                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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