PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.

SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.(a) Inclusion of Surviving Spouse and Children; Consolidation of Flag-Related Authorities.—Subsection (e) of section 1482 of title 10, United States Code, is amended—(1) by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;(2) by inserting before paragraph (2), as so designated, the following:“(e) Presentation of Flag of the United States.—(1) In the case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons:“(A) The person designated under subsection (c) to direct disposition of the remains of the decedent.“(B) The parents or parent of the decedent, if the person to be presented a flag under subparagraph (A) is other than a parent of the decedent.“(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the person to be presented a flag under subparagraph (A) is other than the surviving spouse.“(D) Each child of the decedent, regardless of whether the person to be presented a flag under subparagraph (A) is a child of the decedent.”; and(3) by inserting at the end the following new paragraphs:122 STAT. 4473 “(3) A flag to be presented to a person under subparagraph (B), (C), or (D) of paragraph (1) shall be of equal size to the flag presented under subparagraph (A) of such paragraph to the person designated to direct disposition of the remains of the decedent.“(4) This subsection does not apply to a military prisoner who dies while in the custody of the Secretary concerned and while under a sentence that includes a discharge.“(5) In this subsection:“(A) The term ‘parent’ includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. Preference under paragraph (1)(B) shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.“(B) The term ‘child’ has the meaning prescribed by section 1477(d) of this title.”.(b) Repeal of Superseded Provisions.—Subsection (a) of such section is amended by striking paragraphs (10) and (11).