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

submitted 27 years ago by Pub. L. 106-65 to r/title-32-NATIONAL-GUARD · 298 words · no verdicts yet

in plain englishAI-generated · not legal advice

National Guard members may be ordered to perform funeral honors for veterans, but only if they agree. A state's governor must also approve orders for that duty. Members get service credit, pay or allowances, and possible travel reimbursement.

(a) Order to Duty — A member of the Army or Air National Guard may be ordered to funeral honors duty — preparing for or performing funeral honors at a veteran's funeral under 10 U.S.C. § 1491 — but only with that member's consent. The Guard member also can't be ordered to actually perform the funeral honors without the consent of the state's Governor (or other proper state authority). If the member isn't on active duty or full-time Guard duty, this duty counts as "inactive-duty training" (including travel to and from it) for every legal purpose except two specific pay sections (37 U.S.C. §§ 206 and 435). (b) Service Credit — A member ordered to this duty must serve at least two hours to earn: (1) service credit under 10 U.S.C. § 12732(a)(2)(E); and (2) either (A) the allowance under 37 U.S.C. § 435, or (B) compensation under 37 U.S.C. § 206, whichever the Secretary concerned directs. (c) Reimbursable Expenses — A member may be reimbursed for travel costs connected to this duty, as allowed under 37 U.S.C. § 452, but only if the duty takes place 50 miles or more from the member's home. (d) Regulations — The Secretary of Defense writes the regulations that control how the power in subsection (a) is used.
the actual law source: uscode.house.gov ↗public domain
(a)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.

(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)

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

(2)

as directed by the Secretary concerned, either—

(A)

the allowance under section 435 of title 37; or

(B)

compensation under section 206 of title 37.

(c)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 section 452 of title 37 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.

Source credit: (Added Pub. L. 106–65, div. A, title V, § 578(g)(2), Oct. 5, 1999, 113 Stat. 627; amended Pub. L. 106–398, § 1 [[div. A], title V, § 575(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–138; Pub. L. 107–107, div. A, title V, § 562(b), Dec. 28, 2001, 115 Stat. 1119; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(e), Dec. 23, 2022, 136 Stat. 2629.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-65 · 113 Stat. 627
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1119
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1465
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1948
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2629

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.

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