§ 115. — Funeral honors duty performed as a Federal function.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC115]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 115. Funeral honors duty performed as a Federal function
(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
chapter 7 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.
(Added Pub. L. 106-65, div. A, title V, Sec. 578(g)(2), Oct. 5, 1999,
113 Stat. 627; amended Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 575(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-138; Pub. L. 107-
107, div. A, title V, Sec. 562(b), Dec. 28, 2001, 115 Stat. 1119.)
Amendments
2001--Subsec. (a). Pub. L. 107-107 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.''
2000--Subsec. (b)(2). Pub. L. 106-398 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ``if authorized by the
Secretary concerned, the allowance under section 435 of title 37.''
Effective Date of 2001 Amendment
Amendment by Pub. L. 107-107 applicable to funeral honors duty
performed on or after Oct. 30, 2000, see section 562(c) of Pub. L. 107-
107, set out as a note under section 12503 of Title 10, Armed Forces.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-398 applicable with respect to funeral
honors duty performed on or after Oct. 1, 2000, see section 1 [[div. A],
title V, Sec. 575(c)] of Pub. L. 106-398, set out as a note under
section 12503 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in section 114 of this title; title 5
section 6323; title 10 sections 1074a, 1076, 1204, 1206, 1481, 12503,
12732; title 28 section 2671; title 37 sections 204, 435; title 38
sections 4303, 4316.
