10 U.S.C. § 1491

Editorial Notes

References in Text

Pub. L. 116–92Dec. 20, 2019The 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 , which was approved .

Amendments

Pub. L. 118–312023—Subsec. (h)(1). substituted “air, or space service” for “or air service”.

Pub. L. 117–2632022—Subsec. (d)(3). substituted “section 435(a)(2)” for “section 495(a)(2)”.

Pub. L. 116–2832021—Subsec. (b)(2). 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)”.

Pub. L. 116–922019—Subsec. (b)(3). added par. (3).

Pub. L. 113–66section 464 of title 372013—Subsec. (d)(1)(A). substituted “travel and transportation allowances as specified in regulations prescribed under ” for “transportation (or reimbursement for transportation) and expenses”.

Pub. L. 112–239, § 1076(a)(9)Pub. L. 112–81, § 631(f)(4)(A)Subsec. (d)(3). , made technical amendment to directory language of . See 2011 Amendment note below.

Pub. L. 112–81, § 631(f)(4)(A)Pub. L. 112–239, § 1076(a)(9)2011—Subsec. (d)(3). , as amended by , substituted “495(a)(2)” for “435(a)(2)”.

Pub. L. 109–163section 985(a) of this title2006—Subsec. (a). inserted “, except when military honors are prohibited under ” before period at end.

Pub. L. 107–314, § 571(1)2002—Subsec. (d)(1). , designated existing provisions as par. (1) and substituted “ To support a” for “To provide a”. Former par. (1) redesignated (1)(A).

Pub. L. 107–314, § 571(2)Subsec. (d)(1)(A). , 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.”

Pub. L. 107–314, § 571(3)Subsec. (d)(1)(B). , 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.

Pub. L. 107–314, § 571(4)Subsec. (d)(1)(C). , 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)”.

Pub. L. 107–314, § 571(5)Subsec. (d)(2), (3). , added pars. (2) and (3). Former pars. (2) and (3) redesignated subpars. (B) and (C), respectively, of par. (1).

Pub. L. 107–107, § 561(a)2001—Subsec. (b)(2). , 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.

Pub. L. 107–107, § 564Subsec. (d)(3). , added par. (3).

Pub. L. 106–65, § 578(k)(1)1999—, substituted “Funeral honors functions at funerals for veterans” for “Honor guard details at funerals of veterans” as section catchline.

Pub. L. 106–65, § 578(a)(1)December 31, 1999Subsec. (a). , 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 .”

Pub. L. 106–65, § 578(b)Subsec. (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.”

Pub. L. 106–65, § 578(c)(2)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated subsec. (b)(2).

Pub. L. 106–65, § 578(c)(2)Subsecs. (d), (e). , added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g), respectively.

Pub. L. 106–65, § 578(d)Subsec. (f). , 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).

Pub. L. 106–65, § 1067(1)Subsec. (g). , 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).

Pub. L. 106–65, § 578(e)section 101(2) of title 38Subsec. (h). , 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 .”

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, 2013126 Stat. 1947Dec. 31, 2011Pub. L. 112–81, , , provided that the amendment made by section 1076(a)(9) is effective , and as if included in as enacted.

Effective Date of 2006 Amendment

Pub. L. 109–163Jan. 6, 2006section 662(e) of Pub. L. 109–163section 985 of this titleAmendment by applicable with respect to funerals and burials that occur on or after , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title V, § 578(a)(2)Oct. 5, 1999113 Stat. 625

Full Military Funeral Honors for Veterans at Military Installations

Pub. L. 116–92, div. A, title V, § 574(b)Dec. 20, 2019133 Stat. 1404