
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 561(a)]
[Document affected by Public Law 107-107 Section 564]
[CITE: 10USC1491]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1491. Funeral honors functions at funerals for veterans

    (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.
    (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, 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 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.--To provide a funeral honors detail under this section, 
the Secretary of a military department may provide the following:
        (1) 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.
        (2) Materiel, equipment, and training for members of a veterans 
    organization or other organization referred to in subsection (b)(2).

    (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.

(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.)


                               Amendments

    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 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1588, 12503, 12552 of this 
title; title 32 section 115.
