§ 115. Funeral honors duty performed as a Federal function

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title V § 578(g)(2) · 113 Stat. 512

   Enacted · 32 U.S.C. § 115

   Added Pub. L. 106–65, div. A, title V, § 578(g)(2), Oct. 5, 1999, 113 Stat. 627

   Source evidence

   Code source credit
   Added Pub. L. 106–65, div. A, title V, § 578(g)(2), Oct. 5, 1999, 113 Stat. 627

   Enacted provision · exact public law section
   (2) Chapter 1 of such title is amended by adding at the end the following new section: “§ 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. “(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) if authorized by the Secretary concerned, the allowance under section 435 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.”.

2. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Amended · 32 U.S.C. § 115(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 562(b) · 115 Stat. 1012

   Inserted · 32 U.S.C. § 115(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) National Guard Members.— Section 115(a) of title 32, United States Code, is amended by adding at the end the following new sentence: “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.”.

4. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 631(f)(4)(A) · 125 Stat. 1298

   1. Amended · 32 U.S.C. § 115(a); 32 U.S.C. § 115(b)(2)(A)

      Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9)

   2. Substituted · 32 U.S.C. § 115(a); 32 U.S.C. § 115(b)(2)(A)

      Pub. L. 112–81, § 631(f)(4)(A), as substituted “495” for “435”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) Any section of title 10, 32, or 37, United States Code, that includes a reference to a section of title 37 that is transferred and redesignated by subsection (c) is amended so as to conform the reference to the section number of the section as so redesignated.

   Effective date note
   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 included in Pub. L. 112–81 as enacted.

5. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 1076(a)(9) · 126 Stat. 1632

   Changed · 32 U.S.C. § 115(a); 32 U.S.C. § 115(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (9) Section 631(f)(4) (125 Stat. 1465) is 2 USC 906; 5 USC 4109, 5760; 10 USC 701 note prec., 1071 note, 1174a, 1175, 1175a, 1491, 1591 note; 14 USC 512; 32 USC 115; 36 USC 2101; 37 USC 403, 420, 422. 10 USC 2366a. amended by striking “subsection (c)” both places it appears and inserting “subsection (d)”.

   Effective date note
   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 included in Pub. L. 112–81 as enacted.

6. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 626(e)(1) · 136 Stat. 2395

   Substituted · 32 U.S.C. § 115(a)

   Pub. L. 117–263, § 626(e)(1), substituted “sections 206 and 435” for “sections 206 and 495”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–263, § 626(e)(1), substituted “sections 206 and 435” for “sections 206 and 495”.

   Enacted provision · exact public law section
   (1) in subsection (a), in the third sentence, by striking “sections 206 and 495” and inserting “sections 206 and 435”;

7. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 626(e)(2) · 136 Stat. 2395

   Substituted · 32 U.S.C. § 115(b)(2)(A)

   Pub. L. 117–263, § 626(e)(2), substituted “section 435” for “section 495”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 117–263, § 626(e)(2), substituted “section 435” for “section 495”.

   Enacted provision · exact public law section
   (2) in subsection (b)(2)(A), by striking “section 495” and inserting “section 435”; and

8. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 § 626(e)(3) · 136 Stat. 2395

   Substituted · 32 U.S.C. § 115(c)

   Pub. L. 117–263, § 626(e)(3), substituted “section 452” for “chapter 7”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 117–263, § 626(e)(3), substituted “section 452” for “chapter 7”.

   Enacted provision · exact public law section
   (3) in subsection (c), by striking “chapter 7” and inserting “section 452”.

9 of 9 references resolved to an enrolled provision