US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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.



chanrobles.com.Com