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10 U.S.C. § 1491 — Funeral honors functions at funerals for veterans

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1491 — Funeral honors functions at funerals for veterans

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Stable record: federal_law:legal_authorities:record_usc_9bd6587cdf636bc6f64a7e04
Source file: Laws/federal/codes/united-states-code/title-10/section-1491-funeral-honors-functions-at-funerals-for-veterans--e050566d1e.md
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Source location: Title 10, Chapter 75, § 1491; chapter-075-deceased-personnel.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section985/a&num=0&edition=prelim). **(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). 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. (3) The Secretary concerned shall provide full military honors (as determined by the Secretary concerned) for the funeral of a veteran who— (A) is first interred or first inurned in Arlington National Cemetery on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020; (B) was awarded the medal of honor or the prisoner-of-war medal; and (C) is not entitled to full military honors by the grade of that veteran. **(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 travel and transportation allowances as specified in regulations prescribed under [section 464 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim) 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 435(a)(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435/a/2&num=0&edition=prelim) 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, air, or space service (as defined in [section 101(24) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/24&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2301/f&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 985 — Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

**(a) Prohibition of Performance of Military Honors.—** The Secretary of a military department and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may not provide military honors (under [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim) or any other authority) at the funeral or burial of any of the following persons: (1) A person described in [section 2411(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim). (2) A person who is a veteran (as defined in [section 1491(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491/h&num=0&edition=prelim)) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified by the Secretary of Defense are such that to provide military honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service). **(b) Disqualification From Burial in Military Cemeteries.—** Except as provided in subsection (c), a person who is ineligible for interment in a national cemetery under the control of the National Cemetery Administration by reason of [section 2411(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim) is not entitled to or eligible for, and may not be provided, burial in— (1) Arlington National Cemetery; (2) the Soldiers’ and Airmen’s National Cemetery; or (3) any other cemetery administered by the Secretary of a military department or the Secretary of Defense. **(c)

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 985

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 464 — Regulations

This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 115 — Personnel strengths: requirement for annual authorization

**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following: (1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b). (2) The end strength for the Selected Reserve of each reserve component of the armed forces. (3) The end strength for the Space Force for members in space force active status. **(b) Certain Reserves on Active Duty To Be Authorized by Law.—** (1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to— (A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense; (B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense; (C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12503 — Ready Reserve: funeral honors duty

**(a) Order to Duty.—** A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). Performance of funeral honors duty by a Reserve not on active duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under [section 452 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) if such duty is performed at a location 50 miles or more from the member’s residence. **(d) Regulations.—** The exercise of authority un

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12503

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1588 — Authority to accept certain voluntary services

**(a) Authority To Accept Services.—** Subject to subsection (b) and notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary concerned may accept from any person the following services: (1) Voluntary medical services, dental services, nursing services, or other health-care related services. (2) Voluntary services to be provided for a museum or a natural resources program. (3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs: (A) Family support programs. (B) Child development and youth services programs. (C) Library and education programs. (D) Religious programs. (E) Housing referral programs. (F) Programs providing employment assistance to spouses of such members. (G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph. (4) Voluntary services as a member of a funeral honors detail under [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). (5) Legal services voluntarily provided as legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim). (6) Voluntary services as a proctor for administration to secondary school students of the test known as the “Armed Services Vocational Aptitude Battery”. (7) Voluntary translation or interpretation services offered with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registr

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 115 — Funeral honors duty performed as a Federal function

**(a) Order to Duty.—** A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned. Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reim

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 115

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 435 — Funeral honors duty: allowance

**(a) Allowance Authorized.—** (1) The Secretary concerned may authorize payment of an allowance to a member of the Ready Reserve for any day on which the member performs at least two hours of funeral honors duty pursuant to [section 12503 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim). (2) The Secretary concerned may also authorize payment of that allowance to a member of the armed forces in a retired status for any day on which the member serves in a funeral honors detail under [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim), if the time required for service in such detail (including time for preparation) is not less than two hours. The amount of an allowance paid to a member under this paragraph shall be in addition to any other compensation to which the member may be entitled under this title or title 10 or 38. **(b) Amount.—** The daily rate of an allowance under this section is $50.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 435

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2410 — Burial of cremated remains in Arlington National Cemetery

**(a)** The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains. **(b)** The Secretary of each military department shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a). **(c)** (1) The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). (2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; [38 U.S.C. 106](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section106&num=0&edition=prelim) note) as of the date of the enactment of this paragraph.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1491 — Funeral honors functions at funerals for

Page 1416 TITLE 10—ARMED FORCES § 1491 Subsec. (b)(1). Pub. L. 108–136, § 562(a)(2), struck out ‘‘outside the United States or to a place’’ before ‘‘fur- ther’’. Subsec. (c). Pub. L. 108–136, § 562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘In this section: ‘‘(1) The term ‘United States’ includes the Com- monwealth of Puerto Rico and the territories and possessions of the United States. ‘‘(2) The term ‘dependent’ has the meaning given such term in section 1072(2) of this title.’’ 1991—Pub. L. 102–190, § 626(b)(1), amended section catchline generally. Prior to amendment, section catchline read as follows: ‘‘Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility’’. Subsec. (a). Pub. L. 102–190, § 626(a)(1), inserted ‘‘, or a dependent of such a member,’’ after ‘‘equivalent pay’’. Subsec. (c). Pub. L. 102–190, § 626(a)(2), added subsec. (c) and struck out former subsec. (c) which read as fol- lows: ‘‘In this section, the term ‘United States’ in- cludes the Commonwealth of Puerto Rico and the terri- tories and possessions of the United States.’’ 1987—Subsec. (c). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title V, § 562(c), Nov. 24, 2003, 117 Stat. 1483, provided that: ‘‘The amendments made by this section [amending this section] shall apply only with respect to persons dying on or after the date of the enactment of this Act [Nov. 24, 2003].’’ EFFECTIVE DATE Pub. L. 98–94, title X, § 1032(b), Sept. 24, 1983, 97 Stat. 672, provided that: ‘‘Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with re

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1491

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