37 U.S.C. § 435 — Funeral honors duty: allowance

Page 195 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 435 § 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(h)(5), Dec. 23, 2022, 136 Stat. 2629.) Editorial Notes AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 substituted ‘‘section 452’’ for ‘‘section 474(d)(2)(A)’’. 2013—Subsec. (b). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘474’’ for ‘‘404’’. 1997—Subsec. (c). Pub. L. 105–85 struck out ‘‘and shall be paid to the member on or before the date on which the muster duty is performed’’ after ‘‘disbursed in kind’’ in first sentence and inserted ‘‘The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date.’’ after first sentence. 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘section 12319 of title 10’’ for ‘‘section 687 of title 10’’. 1990—Subsec. (a). Pub. L. 101–510 substituted ‘‘section 687 of title 10’’ for ‘‘section 691 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718, provided that the amendment made by that section is effective as of Nov. 29, 1989. § 433a. Allowance for participation in Ready Re- serve screening (a) ALLOWANCE AUTHORIZED.—(1) Under regula- tions prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, if such participation is con- ducted through electronic means. (2) The stipend paid a member under this sec- tion shall constitute the sole monetary allow- ance authorized for participation in the screen- ing described in paragraph (1), and shall con- stitute payment in full to the member for par- ticipation in such screening, regardless of the grade or rank in which the member is serving. (b) MAXIMUM PAYMENT.—The aggregate amount of the stipend paid a member of the In- dividual Ready Reserve under this section in any calendar year may not exceed $50. (c) PAYMENT REQUIREMENTS.—(1) The stipend authorized by this section may not be disbursed in kind. (2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date. (Added Pub. L. 110–181, div. A, title VI, § 633(a)(1), Jan. 28, 2008, 122 Stat. 154.) [§ 434. Renumbered § 494] § 435. Funeral honors duty: allowance (a) ALLOWANCE AUTHORIZED.—(1) The Sec- retary concerned may authorize payment of an allowance to a member of the Ready Reserve for any day on which the member performs at least two hours of funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32. (2) The Secretary concerned may also author- ize payment of that allowance to a member of the armed forces in a retired status for any day on which the member serves in a funeral honors detail under section 1491 of title 10, if the time required for service in such detail (including time for preparation) is not less than two hours. The amount of an allowance paid to a member under this paragraph shall be in addition to any other compensation to which the member may be entitled under this title or title 10 or 38. (b) AMOUNT.—The daily rate of an allowance under this section is $50. (Added Pub. L. 106–65, div. A, title V, § 578(j), Oct. 5, 1999, 113 Stat. 630, § 435; amended Pub. L. 106–398, § 1 [[div. A], title V, § 575(b), title X, § 1087(c)(1)(A)(i)], Oct. 30, 2000, 114 Stat. 1654, 1654A–138, 1654A–292; Pub. L. 107–107, div. A, title V, § 561(b), Dec. 28, 2001, 115 Stat. 1119; renum- bered § 495 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(32), Dec. 31, 2011, 125 Stat. 1460, 1464; renumbered § 435 and amended Pub. L. 116–283, div. A, title VI, § 604(b), Jan. 1, 2021, 134 Stat. 3672.) Editorial Notes PRIOR PROVISIONS A prior section 435 was renumbered section 495 of this title prior to being renumbered again as this section. AMENDMENTS 2021—Pub. L. 116–283, § 604(b)(1), renumbered section 495 of this title as this section. Subsec. (c). Pub. L. 116–283, § 604(b)(2), struck out sub- sec. (c). Text read as follows: ‘‘No allowance may be paid under this section for any day after the travel au- thorities transition expiration date.’’ 2011—Pub. L. 112–81, § 631(d)(2), renumbered section 435 of this title as section 495. Subsec. (c). Pub. L. 112–81, § 631(e)(32), added subsec. (c). 2001—Subsec. (a). Pub. L. 107–107 designated existing provisions as par. (1) and added par. (2). 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)(A)(i)], made technical amendment to direc- tory language of Pub. L. 106–65, § 578(j), which enacted this section. Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title V, § 575(b)], struck out heading and text of subsec. (c). Text read as follows: ‘‘Except for expenses reimbursed under subsection (c) of section 12503 of title 10 or subsection (c) of section 115 of title 32, the allowance paid under this section is the only monetary compensation author- ized to be paid a member for the performance of funeral honors duty pursuant to such section, regardless of the grade in which the member is serving, and shall con- stitute payment in full to the member.’’ Page 196 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 436 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 1 [[div. A], title V, § 575(b)] of Pub. L. 106–398, applicable with respect to funeral hon- ors duty performed on or after Oct. 1, 2000, see section 1 [[div. A], title V, § 575(c)] of Pub. L. 106–398, set out as a note under section 12503 of Title 10, Armed Forces. Pub. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that the amendment made by that section is effective as of Oct. 5, 1999, and as if included in the National Defense Au- thorization Act for Fiscal Year 2000, Pub. L. 106–65, as enacted. § 436. High-deployment allowance: lengthy or nu- merous deployments; frequent mobilizations (a) MONTHLY ALLOWANCE.—The Secretary of the military department concerned may pay a high-deployment allowance to a member of the armed forces under the Secretary’s jurisdiction for each month during which the member— (1) is deployed; and (2) at any time during that month— (A) has been deployed for 191 or more con- secutive days (or a lower number of consecu- tive days prescribed by the Secretary of De- fense, acting through the Under Secretary of Defense for Personnel and Readiness); (B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or (C) in the case of a member of a reserve component, is on active duty— (i) under a call or order to active duty for a period of more than 30 days that is the second (or later) such call or order to active duty (whether voluntary or involun- tary) for that member in support of the same contingency operation; or (ii) for a period of more than 30 days under section 12304b of title 10 or a provi- sion of law referred to in section 101(a)(13)(B) of title 10, if such period be- gins within one year after the date on which the member was released from pre- vious service on active duty for a period of more than 30 days under a call or order issued under such a provision of law. (b) DEFINITION OF DEPLOYED.—In this section, the term ‘‘deployed’’, with respect to a member, means that the member is deployed or in a de- ployment within the meaning of section 991(b) of title 10 (including any definition of ‘‘deploy- ment’’ prescribed under paragraph (4) of that section). (c) RATE.—The monthly rate of the allowance payable to a member under this section shall be determined by the Secretary concerned, not to exceed $1,000 per month. (d) PAYMENT OF CLAIMS.—A claim of a member for payment of the high-deployment allowance that is not fully substantiated by the record- keeping system applicable to the member under section 991(c) of title 10 shall be paid if the mem- ber furnishes the Secretary concerned with other evidence determined by the Secretary as being sufficient to substantiate the claim. (e) RELATIONSHIP TO OTHER ALLOWANCES.—A high-deployment allowance payable to a mem- ber under this section is in addition to any other pay or allowance payable to the member under any other provision of law. (f) NATIONAL SECURITY WAIVER.—No allowance may be paid under this section to a member for any month during which the applicability of sec- tion 991 of title 10 to the member is suspended under subsection (d) of that section. (g) AUTHORITY TO EXCLUDE CERTAIN DUTY AS- SIGNMENTS.—The Secretary concerned may ex- clude members serving in specified duty assign- ments from eligibility for the high-deployment allowance while serving in those assignments. Any such specification of duty assignments may only be made with the approval of the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. Speci- fication of a particular duty assignment for pur- poses of this subsection may not be imple- mented so as to apply to the member serving in that position at the time of such specification. (h) PAYMENT FROM OPERATION AND MAINTE- NANCE FUNDS.—The monthly allowance payable to a member under this section shall be paid from appropriations available for operation and maintenance for the armed force in which the member serves. (Added Pub. L. 106–65, div. A, title V, § 586(b), Oct. 5, 1999, 113 Stat. 638, § 435; renumbered § 436 and amended Pub. L. 106–398, § 1 [[div. A], title V, § 574(c), title X, § 1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–137, 1654A–292; Pub. L. 107–107, div. A, title V, § 592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108–136, div. A, title V, § 541(b)(1)–(5)(A), Nov. 24, 2003, 117 Stat. 1476, 1477; Pub. L. 112–81, div. A, title V, § 530(a), Dec. 31, 2011, 125 Stat. 1403; Pub. L. 115–232, div. A, title VI, § 602, Aug. 13, 2018, 132 Stat. 1794.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(2)(C)(ii). Pub. L. 115–232 inserted ‘‘section 12304b of title 10 or’’ before ‘‘a provision of law referred to’’. 2011—Subsec. (a). Pub. L. 112–81 substituted ‘‘may pay’’ for ‘‘shall pay’’ in introductory provisions. 2003—Pub. L. 108–136, § 541(b)(5)(A), substituted ‘‘High- deployment allowance: lengthy or numerous deploy- ments; frequent mobilizations’’ for ‘‘Per diem allow- ance for lengthy or numerous deployments’’ in section catchline. Subsec. (a). Pub. L. 108–136, § 541(b)(1), amended head- ing and text of subsec. (a) generally. Prior to amend- ment, text read as follows: ‘‘The Secretary of the mili- tary department concerned shall pay a high-deploy- ment per diem allowance to a member of the armed forces under the Secretary’s jurisdiction for each day on which the member (1) is deployed, and (2) has, as of that day, been deployed 401 or more days out of the pre- ceding 730 days. The Secretary shall pay the allowance from appropriations available for operation and main- tenance for the armed force in which the member serves.’’ Subsec. (c). Pub. L. 108–136, § 541(b)(2), amended head- ing and text of subsec. (c) generally. Prior to amend- ment, text read as follows: ‘‘The amount of the high-de- ployment per diem payable to a member under this sec- tion is $100.’’ Subsec. (d). Pub. L. 108–136, § 541(b)(4)(A), struck out ‘‘per diem’’ before ‘‘allowance’’.