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 respect to the transportation of the remains of persons dying after September 30, 1983.’’ § 1491. Funeral honors functions at funerals for veterans (a) AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED.—The Secretary of Defense shall en- sure that, upon request, a funeral honors detail is provided for the funeral of any veteran, except when military honors are prohibited under sec- tion 985(a) of this title. (b) COMPOSITION OF FUNERAL HONORS DE- TAILS.—(1) The Secretary of each military de- partment shall ensure that a funeral honors de- tail 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 re- tired status). The remainder of the detail may consist of members of the armed forces (includ- ing members in a retired status), or members of veterans organizations or other organizations approved for purposes of this section under regu- lations 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 Ar- lington 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 cere- mony 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 fu- neral 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 sec- tion 464 of title 37 or the daily stipend pre- scribed 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 trans- portation and other miscellaneous expenses for persons participating in funeral honors details who are members of the armed forces in a re- tired status and other persons who are not mem- bers 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 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 re- quirements of war, national emergency, or a contingency operation or other military require- ments. 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 trans- mit a notification of the waiver to the Commit- tees on Armed Services of the Senate and House of Representatives. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- Page 1417 TITLE 10—ARMED FORCES § 1491 tion. Those regulations shall include the fol- lowing: (1) A system for selection of units of the armed forces and other organizations to pro- vide funeral honors details. (2) Procedures for responding and coordi- nating responses to requests for funeral honors details. (3) Procedures for establishing standards and protocol. (4) Procedures for providing training and en- suring quality of performance. (g) ANNUAL REPORT.—The Secretary of Defense shall submit to the Committee on Armed Serv- ices of the Senate and the Committee on Armed Services of the House of Representatives a re- port not later than January 31 of each year be- ginning with 2001 and ending with 2005 on the ex- perience 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 num- ber and costs of funerals supported by each par- ticipating organization. The data in the report shall be presented in a standard format, regard- less of military department or other organiza- tion. (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) and who was discharged or released therefrom under conditions other than dishon- orable; 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, § 567(b)(1), Oct. 17, 1998, 112 Stat. 2030; amended Pub. L. 106–65, div. A, title V, § 578(a)(1), (b)–(e), (k)(1), title X, § 1067(1), Oct. 5, 1999, 113 Stat. 625–627, 630, 774; Pub. L. 107–107, div. A, title V, §§ 561(a), 564, Dec. 28, 2001, 115 Stat. 1119, 1120; Pub. L. 107–314, div. A, title V, § 571, Dec. 2, 2002, 116 Stat. 2556; Pub. L. 109–163, div. A, title VI, § 662(b)(4), Jan. 6, 2006, 119 Stat. 3315; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 113–66, div. A, title VI, § 621(f), Dec. 26, 2013, 127 Stat. 784; Pub. L. 116–92, div. A, title V, § 574(a), Dec. 20, 2019, 133 Stat. 1404; Pub. L. 116–283, div. A, title V, § 596(a)(2), Jan. 1, 2021, 134 Stat. 3667; Pub. L. 117–263, div. A, title VI, § 626(c)(5), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118–31, div. A, title XVII, § 1741(b)(5), Dec. 22, 2023, 137 Stat. 681.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (b)(3)(A), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019. AMENDMENTS 2023—Subsec. (h)(1). Pub. L. 118–31 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2022—Subsec. (d)(3). Pub. L. 117–263 substituted ‘‘sec- tion 435(a)(2)’’ for ‘‘section 495(a)(2)’’. 2021—Subsec. (b)(2). Pub. L. 116–283 struck out ‘‘, at least one of whom shall be a member of the armed force of which the veteran was a member’’ after ‘‘retired sta- tus)’’. 2019—Subsec. (b)(3). Pub. L. 116–92 added par. (3). 2013—Subsec. (d)(1)(A). Pub. L. 113–66 substituted ‘‘travel and transportation allowances as specified in regulations prescribed under section 464 of title 37’’ for ‘‘transportation (or reimbursement for transportation) and expenses’’. Subsec. (d)(3). Pub. L. 112–239, § 1076(a)(9), made tech- nical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (d)(3). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘495(a)(2)’’ for ‘‘435(a)(2)’’. 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, § 571(1), des- ignated existing provisions as par. (1) and substituted ‘‘ To support a’’ for ‘‘To provide a’’. Former par. (1) redes- ignated (1)(A). Subsec. (d)(1)(A). Pub. L. 107–314, § 571(2), redesignated par. (1) as subpar. (A) of par. (1) and amended it gen- erally. Prior to amendment, text read as follows: ‘‘Transportation, or reimbursement for transportation, and expenses for a person who participates in the fu- neral 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, § 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 sta- tus, materiel, equipment, and training’’ before period at end. Subsec. (d)(1)(C). Pub. L. 107–314, § 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, § 571(5), added pars. (2) and (3). Former pars. (2) and (3) redesignated sub- pars. (B) and (C), respectively, of par. (1). 2001—Subsec. (b)(2). Pub. L. 107–107, § 561(a), inserted ‘‘(other than members in a retired status)’’ after ‘‘members of the armed forces’’ in first sentence and in- serted ‘‘(including members in a retired status),’’ after ‘‘members of the armed forces’’ in second sentence. Subsec. (d)(3). Pub. L. 107–107, § 564, added par. (3). 1999—Pub. L. 106–65, § 578(k)(1), substituted ‘‘Funeral honors functions at funerals for veterans’’ for ‘‘Honor guard details at funerals of veterans’’ as section catch- line. Subsec. (a). Pub. L. 106–65, § 578(a)(1), amended head- ing and text of subsec. (a) generally. Prior to amend- ment, text read as follows: ‘‘The Secretary of a mili- tary 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, § 578(b), substituted ‘‘Fu- neral 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 fu- neral 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 de- tail’’ 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 pro- vide transportation, or reimbursement for transpor- tation, and expenses for a person who participates in an Page 1418 TITLE 10—ARMED FORCES § 1492 1 See References in Text note below. honor guard detail under this section and is not a mem- ber of the armed forces or an employee of the United States.’’ Subsec. (c). Pub. L. 106–65, § 578(c)(2), added subsec. (c). Former subsec. (c) redesignated subsec. (b)(2). Subsecs. (d), (e). Pub. L. 106–65, § 578(c)(2), added sub- secs. (d) and (e). Former subsecs. (d) and (e) redesig- nated (f) and (g), respectively. Subsec. (f). Pub. L. 106–65, § 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 empha- sis 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 prox- imity and available resources. The Secretary shall pro- vide 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, § 578(c)(1), redesignated subsec. (d) as (f). Former subsec. (f) redesignated (h). Subsec. (g). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. Pub. L. 106–65, § 578(c)(1), redesignated subsec. (e) as (g). Subsec. (h). Pub. L. 106–65, § 578(e), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘vet- eran’ has the meaning given that term in section 101(2) of title 38.’’ Pub. L. 106–65, § 578(c)(1), redesignated subsec. (f) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 applicable with re- spect 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, § 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 Decem- ber 31, 1999.’’ FULL MILITARY FUNERAL HONORS FOR VETERANS AT MILITARY INSTALLATIONS Pub. L. 116–92, div. A, title V, § 574(b), Dec. 20, 2019, 133 Stat. 1404, provided that: ‘‘(1) INSTALLATION PLANS FOR HONORS REQUIRED.—The commander of each military installation at or through which a funeral honors detail for a veteran is provided pursuant to section 1491 of title 10, United States Code (as amended by subsection (a)), shall maintain and carry out a plan for the provision, upon request, of full military funeral honors at funerals of veterans for whom a funeral honors detail is authorized in that sec- tion. ‘‘(2) ELEMENTS.—Each plan of an installation under paragraph (1) shall include the following: ‘‘(A) Mechanisms to ensure compliance with the re- quirements applicable to the composition of funeral honors details in section 1491(b) of title 10, United States Code (as so amended). ‘‘(B) Mechanisms to ensure compliance with the re- quirements for ceremonies for funerals in section 1491(c) of such title. ‘‘(C) In addition to the ceremonies required pursu- ant to subparagraph (B), the provision of a gun sa- lute, if otherwise authorized, for each funeral by ap- propriate personnel, including personnel of the in- stallation, members of the reserve components of the Armed Forces residing in the vicinity of the installa- tion who are ordered to funeral honors duty, or mem- bers of veterans organizations or other organizations referred to in section 1491(b)(2) of such title. ‘‘(D) Mechanisms for the provision of support au- thorized by section 1491(d) of such title. ‘‘(E) Such other mechanisms and activities as the Secretary concerned considers appropriate in order to assure that full military funeral honors are provided upon request at funerals of veterans. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘Secretary concerned’ has the mean- ing given that term in section 101(a)(9) of title 10, United States Code. ‘‘(B) The term ‘veteran’ has the meaning given that term in section 1491(h) of title 10, United States Code.’’ § 1492. Authority to provide travel and transpor- tation allowances in connection with trans- fer ceremonies of certain civilian employees who die overseas (a) AUTHORITY.—A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military depart- ment treats, under section 481f(d) 1 of title 37, next of kin and family members of a member of the armed forces who dies while located or serv- ing overseas. (b) DEFINITIONS.—In this section: (1) The term ‘‘covered employee’’ means a ci- vilian employee— (A) under the jurisdiction of a covered offi- cial; and (B) who dies while located or serving over- seas. (2) The term ‘‘covered official’’ means— (A) the Secretary of the military depart- ment concerned; and (B) the head of a Defense Agency or De- partment of Defense Field Activity. (3) The term ‘‘covered relative’’ means— (A) the primary next of kin of the covered employee; (B) two family members (other than pri- mary next of kin) of the covered employee; and (C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered em- ployee. (Added Pub. L. 116–283, div. A, title XI, § 1104(a)(1), Jan. 1, 2021, 134 Stat. 3889.) Editorial Notes REFERENCES IN TEXT Section 481f of title 37, referred to in subsec. (a), was repealed by Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767. CHAPTER 76—MISSING PERSONS Sec. 1501. System for accounting for missing persons.