32 U.S.C. § 115 | Funeral honors duty performed as a Federal function

(a)

Order to Duty .—

section 1491 of title 10A 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 . 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.

(b)

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)

section 12732(a)(2)(E) of title 10 service credit under ; and

(2)

as directed by the Secretary concerned, either—

(A)

section 435 of title 37 the allowance under ; or

(B)

section 206 of title 37 compensation under .

(c)

Reimbursable Expenses .—

section 452 of title 37A 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 if such duty is performed at a location 50 miles or more from the member’s residence.

(d)

Regulations .—

The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.

Pub. L. 106–65, div. A, title V, § 578(g)(2)Oct. 5, 1999113 Stat. 627 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–107, div. A, title V, § 562(b)Dec. 28, 2001115 Stat. 1119 Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A)Dec. 31, 2011125 Stat. 1465 Pub. L. 112–239, div. A, title X, § 1076(a)(9)Jan. 2, 2013126 Stat. 1948 Pub. L. 117–263, div. A, title VI, § 626(e)Dec. 23, 2022136 Stat. 2629 (Added , , ; amended , title V, § 575(a)(1)], , , 1654A–138; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–263, § 626(e)(1)2022—Subsec. (a). , substituted “sections 206 and 435” for “sections 206 and 495”.

Pub. L. 117–263, § 626(e)(2)Subsec. (b)(2)(A). , substituted “section 435” for “section 495”.

Pub. L. 117–263, § 626(e)(3)Subsec. (c). , substituted “section 452” for “chapter 7”.

Pub. L. 112–239, § 1076(a)(9)Pub. L. 112–81, § 631(f)(4)(A)2013—Subsecs. (a), (b)(2)(A). , made technical amendment to directory language of . See 2011 Amendment note below.

Pub. L. 112–81, § 631(f)(4)(A)Pub. L. 112–239, § 1076(a)(9)2011—Subsecs. (a), (b)(2)(A). , as amended by , substituted “495” for “435”.

Pub. L. 107–1072001—Subsec. (a). inserted at end “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.”

Pub. L. 106–398 section 435 of title 372000—Subsec. (b)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “if authorized by the Secretary concerned, the allowance under .”

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a)Jan. 2, 2013126 Stat. 1947 Dec. 31, 2011Pub. L. 112–81, , , provided that the amendment made by section 1076(a)(9) is effective , and as if included in as enacted.

Effective Date of 2001 Amendment

Pub. L. 107–107Oct. 30, 2000section 562(c) of Pub. L. 107–107 section 12503 of Title 10Amendment by applicable to funeral honors duty performed on or after , see , set out as a note under , Armed Forces.

Effective Date of 2000 Amendment

Pub. L. 106–398Oct. 1, 2000Pub. L. 106–398 section 12503 of Title 10Amendment by applicable with respect to funeral honors duty performed on or after , see section 1 [[div. A], title V, § 575(c)] of , set out as a note under , Armed Forces.