10 U.S.C. § 1491
10 U.S.C. § 1491
EDITORIAL NOTES
REFERENCES IN TEXTThe 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.
AMENDMENTS2023-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 "section 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 status)".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 technical 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), 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, §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, §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, §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 subpars. (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 inserted "(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 catchline.Subsec. (a). Pub. L. 106-65, §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, §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, §578(c)(2), added subsec. (c). Former subsec. (c) redesignated subsec. (b)(2). Subsecs. (d), (e). Pub. L. 106-65, §578(c)(2), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (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 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, §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 Committee 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 'veteran' 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 included in Pub. L. 112-81 as enacted.
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, §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."
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 section."(2) ELEMENTS.-Each plan of an installation under paragraph (1) shall include the following:"(A) Mechanisms to ensure compliance with the requirements 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 requirements for ceremonies for funerals in section 1491(c) of such title."(C) In addition to the ceremonies required pursuant to subparagraph (B), the provision of a gun salute, if otherwise authorized, for each funeral by appropriate personnel, including personnel of the installation, members of the reserve components of the Armed Forces residing in the vicinity of the installation who are ordered to funeral honors duty, or members of veterans organizations or other organizations referred to in section 1491(b)(2) of such title."(D) Mechanisms for the provision of support authorized 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 meaning 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."
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.