32 U.S.C. § 115 — Funeral honors duty performed as a Fed-

Page 16 TITLE 32—NATIONAL GUARD § 115 the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a pe- riod of drill or training, but may be performed as funeral honors duty under section 115 of this title. (Added Pub. L. 105–85, div. A, title V, § 517(a)(1), Nov. 18, 1997, 111 Stat. 1733; amended Pub. L. 105–261, div. A, title V, § 567(d), Oct. 17, 1998, 112 Stat. 2031; Pub. L. 106–65, div. A, title V, § 578(g)(1), (k)(3)(A), Oct. 5, 1999, 113 Stat. 627, 631.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–65, in section catchline, substituted ‘‘Funeral honors’’ for ‘‘Honor guard’’ and, in text, sub- stituted ‘‘funeral honors functions’’ for ‘‘honor guard functions’’ in two places and ‘‘drill or training, but may be performed as funeral honors duty under section 115 of this title’’ for ‘‘drill or training otherwise re- quired’’. 1998—Pub. L. 105–261 designated subsec. (a) as entire section and struck out subsec. (b) which read as fol- lows: ‘‘This section does not authorize additional ap- propriations for any fiscal year. Any expense of the Na- tional Guard that is incurred by reason of this section shall be paid from appropriations otherwise available for the National Guard.’’ § 115. Funeral honors duty performed as a Fed- eral 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 or- dered 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 mem- ber 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 au- thority 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 (in- cluding 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 fu- neral honors duty under this section shall be re- quired 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. (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.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 626(e)(1), sub- stituted ‘‘sections 206 and 435’’ for ‘‘sections 206 and 495’’. Subsec. (b)(2)(A). Pub. L. 117–263, § 626(e)(2), sub- stituted ‘‘section 435’’ for ‘‘section 495’’. Subsec. (c). Pub. L. 117–263, § 626(e)(3), substituted ‘‘section 452’’ for ‘‘chapter 7’’. 2013—Subsecs. (a), (b)(2)(A). 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—Subsecs. (a), (b)(2)(A). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘495’’ for ‘‘435’’. 2001—Subsec. (a). Pub. L. 107–107 inserted at end ‘‘Per- formance 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 re- spect 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 allow- ance under section 435 of title 37.’’ 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 2001 AMENDMENT Amendment by Pub. L. 107–107 applicable to funeral honors duty performed on or after Oct. 30, 2000, see sec- tion 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 re- spect to funeral honors 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. CHAPTER 3—PERSONNEL Sec. 301. Federal recognition of enlisted members. 302. Enlistments, reenlistments, and extensions. 303. Active and inactive enlistments and trans- fers. 304. Enlistment oath.