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Laws Relating to Funeral Honors

TITLE 10 - ARMED FORCES
CHAPTER 75 - DECEASED PERSONNEL
§ 1491. Funeral honors functions at funerals for veterans

  1. 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.
  2. 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.
  3. 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.
  4. Support. —
    1. To support a funeral honors detail under this section, the Secretary of a military department may provide the following:
      1. 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 transportation (or reimbursement for transportation) and expenses or the daily stipend prescribed under paragraph (2).
      2. 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.
      3. 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 and any other compensation to which the member may be entitled.
  5. 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.
  6. 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.
  7. 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.
  8. 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 - ARMED FORCES
CHAPTER 1213 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
§ 12503. Ready Reserve: funeral honors duty

  1. 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. 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.
  2. 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; and
    2. as directed by the Secretary concerned, either —
      1. the allowance under section 435 of title 37; or
      2. compensation under section 206 of title 37.
  3. 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 chapter 7 of title 37 if such duty is performed at a location 50 miles or more from the member's residence.
  4. Regulations. — The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.
  5. Members of the National Guard. — This section does not apply to members of the Army National Guard of the United States or the Air National Guard of the United States. The performance of funeral honors duty by those members is provided for in section 115 of title 32.

TITLE 10 - ARMED FORCES
CHAPTER 1215 - MISCELLANEOUS PROHIBITIONS AND PENALTIES
§ 12552. Funeral honors functions at funerals for veterans

Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491(h) of this title) may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title.


TITLE 32 - NATIONAL GUARD
CHAPTER 1 - ORGANIZATION
§ 114. Funeral honors functions at funerals for veterans

Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title.


TITLE 32 - NATIONAL GUARD
CHAPTER 1 - ORGANIZATION
§ 115. Funeral honors duty performed as a Federal function

  1. 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. 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.
  2. 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; and
    2. as directed by the Secretary concerned, either —
      1. the allowance under section 435 of title 37; or
      2. compensation under section 206 of title 37.
  3. 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 chapter 7 of title 37 if such duty is performed at a location 50 miles or more from the member's residence.
  4. Regulations. — The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.

TITLE 10 - ARMED FORCES
CHAPTER 81 - CIVILIAN EMPLOYEES
§ 1588. Authority to accept certain voluntary services

  1. Authority To Accept Services. — Subject to subsection (b) and notwithstanding section 1342 of title 31, 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 armed forces and the families of such members, including the following programs:
      1. Family support programs.
      2. Child development and youth services programs.
      3. Library and education programs.
      4. Religious programs.
      5. Housing referral programs.
      6. Programs providing employment assistance to spouses of such members.
      7. 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.
    5. Legal services voluntarily provided as legal assistance under section 1044 of this title.
    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
      1. who is registered for such foreign language on the National Foreign Language Skills Registry under section 1596b of this title, or
      2. who otherwise is approved to provide voluntary translation or interpretation services for national security purposes, as determined by the Secretary of Defense.
  2. Requirements and Limitations. —
    1. The Secretary concerned shall notify the person of the scope of the services accepted.
    2. With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned shall —
      1. supervise the person to the same extent as the Secretary would supervise a compensated employee providing similar services; and
      2. ensure that the person is licensed, privileged, has appropriate credentials, or is otherwise qualified under applicable law or regulations to provide such services.
    3. With respect to a person providing voluntary services accepted under subsection (a), the Secretary concerned may not —
      1. place the person in a policy-making position; or
      2. except as provided in subsection (e), compensate the person for the provision of such services.
  3. Authority To Recruit and Train Persons Providing Services. — The Secretary concerned may recruit and train persons to provide voluntary services accepted under subsection (a).
  4. Status of Persons Providing Services. —
    1. Subject to paragraph (3), while providing voluntary services accepted under subsection (a) or receiving training under subsection (c), a person, other than a person referred to in paragraph (2), shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
      1. Subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries).
      2. Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss).
      3. Section 552a of title 5 (relating to maintenance of records on individuals).
      4. Chapter 11 of title 18 (relating to conflicts of interest).
      5. Section 1054 of this title (relating to legal malpractice), for a person voluntarily providing legal services accepted under subsection (a)(5), as if the person were providing the services as an attorney of a legal staff within the Department of Defense.
    2. Subject to paragraph (3), while providing a nonappropriated fund instrumentality of the United States with voluntary services accepted under subsection (a), or receiving training under subsection (c) to provide such an instrumentality with services accepted under subsection (a), a person shall be considered an employee of that instrumentality only for the following purposes:
      1. Subchapter II of chapter 81 of title 5 (relating to compensation of nonappropriated fund employees for work-related injuries).
      2. Section 2733 of this title and chapter 171 of title 28 (relating to claims for damages or loss).
    3. A person providing voluntary services accepted under subsection (a) shall be considered to be an employee of the Federal Government under paragraph (1) or (2) only with respect to services that are within the scope of the services so accepted.
    4. For purposes of determining the compensation for work-related injuries payable under chapter 81 of title 5 (pursuant to this subsection) to a person providing voluntary services accepted under subsection (a), the monthly pay of the person for such services shall be deemed to be the amount determined by multiplying —
      1. the average monthly number of hours that the person provided the services, by
      2. the minimum wage determined in accordance with section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
  5. Reimbursement of Incidental Expenses. — The Secretary concerned may provide for reimbursement of a person for incidental expenses incurred by the person in providing voluntary services accepted under subsection (a). The Secretary shall determine which expenses are eligible for reimbursement under this subsection. Any such reimbursement may be made from appropriated or nonappropriated funds.
  6. Authority To Install Equipment. —
    1. The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of persons, designated in accordance with the regulations prescribed under paragraph (4), who provide voluntary services accepted under subsection (a)(3).
    2. In the case of equipment installed under the authority of paragraph (1), the Secretary concerned may pay the charges incurred for the use of the equipment for authorized purposes.
    3. To carry out this subsection, the Secretary concerned may use appropriated funds (notwithstanding section 1348 of title 31) or nonappropriated funds of the military department under the jurisdiction of the Secretary or, with respect to the Coast Guard, the department in which the Coast Guard is operating.
    4. The Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to carry out this subsection.

TITLE 37 — PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7 — ALLOWANCES
§ 435. Funeral honors duty: allowance

  1. 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 or section 115 of title 32.
    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, 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.
  2. Amount. — The daily rate of an allowance under this section is $50.

Source: U.S. Code


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