10 U.S.C. § 12602 — Members of Army National Guard of

Page 3689 TITLE 10—ARMED FORCES § 12602 Editorial Notes AMENDMENTS 2002—Pub. L. 107–314, div. A, title V, § 515(b), Dec. 2, 2002, 116 Stat. 2540, struck out item 12551 ‘‘Prohibition of use of Air Force Reserve AGR personnel for Air Force base security functions’’. 1999—Pub. L. 106–65, div. A, title V, § 578(k)(2)(C), Oct. 5, 1999, 113 Stat. 631, substituted ‘‘honors functions at funerals for veterans’’ for ‘‘honor guard functions: pro- hibition of treatment as drill or training’’ in item 12552. 1998—Pub. L. 105–261, div. A, title V, § 567(c)(2), Oct. 17, 1998, 112 Stat. 2031, added item 12552. 1997—Pub. L. 105–85, div. A, title V, § 515(a), Nov. 18, 1997, 111 Stat. 1732, substituted table of sections con- sisting of item 12551 for ‘‘[No present sections]’’. [§ 12551. Repealed. Pub. L. 107–314, div. A, title V, § 515(a), Dec. 2, 2002, 116 Stat. 2539] Section, added Pub. L. 105–85, div. A, title V, § 515(a), Nov. 18, 1997, 111 Stat. 1732, related to prohibition of use of Air Force Reserve AGR personnel for Air Force base security functions. § 12552. Funeral honors functions at funerals for veterans Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491(h) of this title) may not be con- sidered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title. (Added Pub. L. 105–261, div. A, title V, § 567(c)(1), Oct. 17, 1998, 112 Stat. 2031; amended Pub. L. 106–65, div. A, title V, § 578(g)(4), Oct. 5, 1999, 113 Stat. 628; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(21)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–398 inserted period at end. 1999—Pub. L. 106–65 substituted ‘‘honors functions at funerals for veterans’’ for ‘‘honor guard functions: pro- hibition of treatment as drill or training’’ in section catchline and amended text generally. Prior to amend- ment, text read as follows: ‘‘Performance by a Reserve of honor guard functions at the funeral of a veteran may not be considered to be a period of drill or training otherwise required.’’ CHAPTER 1217—MISCELLANEOUS RIGHTS AND BENEFITS Sec. 12601. Compensation: Reserve on active duty accept- ing from any person. 12602. Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of Na- tional Guard. 12603. Attendance at inactive-duty training assem- blies: commercial travel at Federal supply schedule rates. 12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training. 12605. Presentation of United States flag: members transferred from an active status or dis- charged after completion of eligibility for retired pay. Editorial Notes AMENDMENTS 2000—Pub. L. 106–398, § 1 [[div. A], title VI, § 663(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168, added item 12604. 1999—Pub. L. 106–65, div. A, title VI, § 652(a)(2), Oct. 5, 1999, 113 Stat. 665, added item 12605. 1998—Pub. L. 105–261, div. A, title VI, § 635(b), Oct. 17, 1998, 112 Stat. 2045, added item 12603. § 12601. Compensation: Reserve on active duty accepting from any person Any Reserve who, before being ordered to ac- tive duty, was receiving compensation from any person may, while he is on that duty, receive compensation from that person. (Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 1033 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12602. Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard (a) For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and bene- ficiaries— (1) military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army; (2) full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and (3) inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with reg- ulations prescribed under section 502 of title 32 or other express provision of law, shall be con- sidered inactive-duty training in Federal serv- ice as a Reserve of the Army. (b) For the purposes of laws providing benefits for members of the Air National Guard of the United States and their dependents and bene- ficiaries— (1) military training, duty, or other service performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Air Force; (2) full-time National Guard duty performed by a member of the Air National Guard of the Page 3690 TITLE 10—ARMED FORCES § 12603 United States shall be considered active duty in Federal service as a Reserve of the Air Force; and (3) inactive-duty training performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard, in accordance with regu- lations prescribed under section 502 of title 32 or other express provision of law, shall be con- sidered inactive-duty training in Federal serv- ice as a Reserve of the Air Force. (Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3686 and 8686 of this title, prior to re- peal by Pub. L. 103–337, § 1662(g)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12603. Attendance at inactive-duty training as- semblies: commercial travel at Federal sup- ply schedule rates (a) FEDERAL SUPPLY SCHEDULE TRAVEL.—Com- mercial travel under Federal supply schedules is authorized for the travel of a Reserve to the lo- cation of inactive duty training to be performed by the Reserve and from that location upon completion of the training. (b) REGULATIONS.—The Secretary of Defense shall prescribe in regulations such require- ments, conditions, and restrictions for travel under the authority of subsection (a) as the Sec- retary considers appropriate. The regulations shall include policies and procedures for pre- venting abuses of that travel authority. (c) REIMBURSEMENT NOT AUTHORIZED.—A Re- serve is not entitled to Government reimburse- ment for the cost of travel authorized under sub- section (a). (d) TREATMENT OF TRANSPORTATION AS USE BY MILITARY DEPARTMENTS.—For the purposes of section 501 of title 40, travel authorized under subsection (a) shall be treated as transportation for the use of a military department. (Added Pub. L. 105–261, div. A, title VI, § 635(a), Oct. 17, 1998, 112 Stat. 2044; amended Pub. L. 107–217, § 3(b)(41), Aug. 21, 2002, 116 Stat. 1298.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–217 substituted ‘‘section 501 of title 40’’ for ‘‘section 201(a) of the Federal Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’. § 12604. Billeting in Department of Defense facili- ties: Reserves attending inactive-duty train- ing (a) AUTHORITY FOR BILLETING ON SAME BASIS AS ACTIVE DUTY MEMBERS TRAVELING UNDER OR- DERS.—The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to inactive-duty training at a location more than 50 miles from that Reserve’s residence to be eli- gible for billeting in Department of Defense fa- cilities on the same basis and to the same extent as a member of the armed forces on active duty who is traveling under orders away from the member’s permanent duty station. (b) PROOF OF REASON FOR TRAVEL.—The Sec- retary shall include in the regulations the means for confirming a Reserve’s eligibility for billeting under subsection (a). (c) LODGING IN KIND.—(1) In the case of a mem- ber of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transpor- tation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses in- curred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary con- cerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary con- cerned. (3) The Secretary may pay service charge ex- penses under paragraph (1) and expenses of pro- viding lodging in kind under such paragraph out of funds appropriated for operation and mainte- nance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. (4) Decisions regarding the availability or ade- quacy of government housing at a military in- stallation under paragraph (1) shall be made by the installation commander. (Added Pub. L. 106–398, § 1 [[div. A], title VI, § 663(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168; amended Pub. L. 117–81, div. A, title VI, § 603(a)(1), Dec. 27, 2021, 135 Stat. 1765.) Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 117–81 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–398, § 1 [[div. A], title VI, § 663(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168, provided that: ‘‘Section 12604 of title 10, United States Code, as added by sub- section (a), shall apply with respect to periods of inac- tive-duty training beginning more than 180 days after the date of the enactment of this Act [Oct. 30, 2000].’’ § 12605. Presentation of United States flag: mem- bers transferred from an active status or dis- charged after completion of eligibility for re- tired pay (a) PRESENTATION OF FLAG.—Upon the transfer from an active status or discharge of a Reserve who has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the Secretary concerned shall present a United States flag to the member. (b) MULTIPLE PRESENTATIONS NOT AUTHOR- IZED.—A member is not eligible for presentation