TITLE 10, UNITED STATES CODE - ARMED FORCES
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, except when military honors are prohibited under section 985(a) of this title.
(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), 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 (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.
(c) Ceremony. - A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes the folding of a
(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
(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
(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 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.
TITLE 10, UNITED STATES CODE - ARMED FORCES
CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES
Subtitle A - General Military Law
PART II - PERSONNEL
Sec. 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 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.
(2) A person who is a veteran (as defined in section 1491(h) of this title) 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. - 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 is not entitled to or eligible for, and may not be provided, burial in -
(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) Definition. - In this section, the term "burial" includes inurnment.
TITLE 38, UNITED STATES CODE - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 24 -
Sec. 2411. Prohibition against interment or memorialization in the
(a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not -
(A) inter the remains of such person in a cemetery in the National Cemetery Administration or in
(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in
(2) In the case of a person described in subsection (b)(1) or (b)(2), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1) or
(b)(2), as the case may be, is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime.
(b) A person referred to in subsection (a) is any of the following:
(1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).
(2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).
(3) A person who -
(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but
(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an
opportunity for a hearing in a manner prescribed by the appropriate Federal official.
(d) For purposes of this section:
(1) The term "Federal capital crime" means an offense underFederal law for which a sentence of imprisonment for life or the death penalty may be imposed.
(2) The term "State capital crime" means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.
(3) The term "appropriate Federal official" means -
(A) the Secretary, in the case of the National Cemetery Administration; and
(B) the Secretary of the Army, in the case of
Information Courtesy of (Ski (Larry) Gorski.