II

105TH CONGRESS

2D SESSION S. 1825

To amend title 10, United States Code, to provide sufficient funding to

assure a minimum size for honor guard details at funerals of veterans

of the Armed Forces, to establish the minimum size of such details,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 24, 1998

Mrs. MURRAY (for herself, Mr. MURKOWSKI, and Mr. SARBANES) introduced

the following bill; which was read twice and referred to the Committee

on Armed Services

A BILL

To amend title 10, United States Code, to provide sufficient

funding to assure a minimum size for honor guard details at funerals of veterans of the Armed Forces, to

establish the minimum size of such details, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans Burial Rights

5 Act of 1998’’.
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1 SEC. 2. HONOR GUARD DETAILS AT FUNERALS OF

2 VETERANS.

3 (a) IN GENERAL.—(1) Chapter 75 of title 10, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 1491. Honor guard details

7 ‘‘(a) AVAILABILITY UPON REQUEST.—The Secretar8 ies of the military departments shall provide honor guard

9 details at funerals of veterans of the armed forces only

10 upon request.

11 ‘‘(b) MINIMUM SIZE OF DETAILS.—The Secretaries

12 of the military departments shall ensure that honor guard

13 details at funerals of veterans of the armed forces consist

14 of not less than five members of the armed forces (of

15 whom one shall be a bugler for the playing of ‘Taps’).

16 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Any

17 amounts appropriated to the Department of Defense may

18 be used in order to meet the requirement set forth in sub19 section (b).’’.

20 (2) The table of sections at the beginning of such

21 chapter is amended by adding at the end the following:

‘‘1491. Honor guard details.’’.

22 (b) TREATMENT OF PERFORMANCE OF HONOR

23 GUARD FUNCTIONS BY RESERVES.—Chapter 1215 of title

24 10, United States Code, is amended—

25 (1) by striking out the following:
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1 ‘‘[No present sections]’’; and

2 (2) inserting in lieu thereof the following:

‘‘Sec.

‘‘12551. Honor guard functions: prohibition on treatment as drill or training.

3 ‘‘§ 12551. Honor guard functions: prohibition on treat4 ment as drill or training

5 ‘‘Any performance by a Reserve of honor guard func6 tions at the funeral of a veteran of the armed forces may

7 not be considered to be a period of drill or training other8 wise required.’’.

9 (c) REPEAL OF LIMITATION ON AVAILABILITY OF

10 FUNDS FOR HONOR GUARD FUNCTIONS BY NATIONAL

11 GUARD.—Section 114 of title 32, United States Code, is

12 amended—

13 (1) by striking out ‘‘(a)’’; and

14 (2) by striking out subsection (b).

15 (d) APPLICABILITY.—The amendments made by this

16 section shall apply to burials of veterans that occur on

17 or after the date that is 180 days after the date of enact18 ment of this Act.

19 (e) REPORT ON IMPLEMENTATION.—Not later than

20 180 days after the date of enactment of this Act, the Sec21 retary of Defense shall submit to Congress the directives

22 prescribed by the Secretary of the Army, the Secretary

23 of the Navy, and the Secretary of the Air Force in order
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1 to carry out the requirements under the amendments

2 made by this section.

Æ