Pub. L. 105-261, div. A, tit. V, subtit. G, sec. 567
MILITARY FUNERAL HONORS FOR VETERANS.
SEC. 567. MILITARY FUNERAL HONORS FOR VETERANS. (a) Conference on Practices Concerning Military Honors at Funerals for Veterans.— (1) The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall convene and preside over a conference, to be completed not later than December 31, 1998, for the purpose of determining means of improving and increasing the availability of military funeral honors for veterans. The Secretary of Veterans Affairs shall also participate in the conference. (2) The Secretaries shall invite and encourage the participation at the conference of appropriate representatives of veterans service organizations. (3) The conference shall perform the following: (A) Review current policies and practices of the military departments and the Department of Veterans Affairs relating to the provision of military funeral honors for veterans. (B) Consider alternative methods for providing military funeral honors for veterans and develop new strategies for providing those honors. (C) Determine what resources may be available outside the Department of Defense that could be used to provide military funeral honors for veterans. (D) Analyze the costs associated with providing military funeral honors for veterans, including the costs associated with using personnel and other resources for that purpose. (E) Assess trends in the rate of death of veterans. (F) Propose, consider, and determine means of improving and increasing the availability of military funeral honors for veterans. (4) Not later than March 31, 1999, the Secretary of Defense shall submit to Congress a report on the conference. The report shall set forth any modifications to Department of Defense directives on military funeral honors adopted as a result of the conference and include any recommendations for legislation that the Secretary considers appropriate as a result of the conference. (b) Honor Guard Details at Funerals of Veterans.— (1) Chapter 75 of title 10, United States Code, is amended by adding at the end the following new section: 1491. Honor guard details at funerals of veterans “(a) Availability.— 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. “(b) Composition of Honor Guard Details.— The Secretary of each military department shall ensure that an honor guard detail for the funeral of a veteran consists of not less than three persons and (unless a bugler is part of the detail) has the capability to play a recorded version of Taps. “(c) Persons Forming Honor Guards.— An honor guard detail may consist of members of the armed forces or members of veterans organizations or other organizations approved for purposes of this section under regulations prescribed by the Secretary of Defense. 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 112 STAT. 2031is not a member of the armed forces or an employee of the United States. “(d) Regulations.— 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. “(e) Annual Report.— The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security 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. “(f) Veteran Defined.— In this section, the term “veteran” has the meaning given that term in section 101(2) of title 38.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1491. Honor guard details at funerals of veterans.”. (c) Treatment of Performance of Honor Guard Functions by Reserves.— (1) Chapter 1215 of title 10, United States Code, is amended by adding at the end the following new section: “§12552. Funeral honor guard functions: prohibition of treatment as drill or training “Performance by a Reserve of honor guard functions at the funeral of a veteran may not be considered to be a period of drill or training otherwise required.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “12552. Funeral honor guard functions: prohibition of treatment as drill or training.”. (d) Repeal of Limitation on Availability of Funds for Honor Guard Functions by National Guard.— Section 114 of title 32, United States Code, is amended— (1) by striking out “(a)”; and (2) by striking out subsection (b). (e) Veterans Service Organization Defined.— In this section, the term “veterans service organization” means any organization recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code.