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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 7 — Allowances Other Than Travel and Transportation Allowances

§ 435. Funeral honors duty: allowance

Statutory text

(a)

Allowance Authorized.—

(1)

The Secretary 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 authorize 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.

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

    Enacted · 37 U.S.C. § 435

    Added Pub. L. 106–65, div. A, title V, § 578(j), Oct. 5, 1999, 113 Stat. 630, § 435

    Source evidence

    Code source credit
    Added Pub. L. 106–65, div. A, title V, § 578(j), Oct. 5, 1999, 113 Stat. 630, § 435

    Enacted provision · exact public law section
    (j) Funeral Honors Duty Allowance.— Chapter 4 of title 37, United States Code, is amended by adding at the end the following new section: “§ 435. Funeral honors duty: allowance “(a) Allowance Authorized.— The Secretary 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. “(b) Amount.— The daily rate of an allowance under this section is $50. “(c) Full Compensation.— 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 authorized 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 constitute payment in full to the member.”.

    Effective date note
    Amendment by section 1 [[div. A], title V, § 575(b)] of 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, § 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 Authorization Act for Fiscal Year 2000, Pub. L. 106–65, as enacted.

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

    Changed · 37 U.S.C. § 435

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)(A)(i)], made technical amendment to directory language of Pub. L. 106–65, § 578(j), which enacted this section

    Source evidence

    Code amendment note
    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)(A)(i)], made technical amendment to directory language of Pub. L. 106–65, § 578(j), which enacted this section.

    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.

    Effective date note
    Amendment by section 1 [[div. A], title V, § 575(b)] of 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, § 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 Authorization Act for Fiscal Year 2000, Pub. L. 106–65, as enacted.

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

    Struck · 37 U.S.C. § 435(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 authorized 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 constitute payment in full to the member.”

    Source evidence

    Code amendment note
    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 authorized 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 constitute payment in full to the member.”

    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.

    Effective date note
    Amendment by section 1 [[div. A], title V, § 575(b)] of 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, § 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 Authorization Act for Fiscal Year 2000, Pub. L. 106–65, as enacted.

  4. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 561(b) · 115 Stat. 1012

    1. Amended · 37 U.S.C. § 435(a)

      Pub. L. 107–107 designated existing provisions as par. (1)

    2. Added · 37 U.S.C. § 435(a)

      Pub. L. 107–107 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (b) Funeral Honors Duty Allowance.— Section 435(a) of title 37, United States Code, is amended— (1) by inserting “(1)” after “(a) Allowance Authorized.—”; and (2) by adding at the end the following new paragraph: “(2) The Secretary concerned may also authorize 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.”.

  5. National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(d)(2) · 125 Stat. 1298

    Changed · 37 U.S.C. § 435

    Pub. L. 112–81, § 631(d)(2), renumbered section 435 of this title as section 495

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 631(d)(2), renumbered section 435 of this title as section 495.

    Enacted provision · exact public law section
    (2) Transfer of current chapter 7 authorities to subchapter iii.— Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h through 411l, 428 through 432, 434, and 435 of such title are transferred (in that order) to chapter 8 of such title, as added by subsection (b), inserted after section 472, and redesignated as follows: Section:Redesignated Section: 404474 404a474a 404b474b 405475 405a475a 406476 406a476a 406b476b 406c476c 407477 408478 408a478a 409479 410480 411481 411a481a 411b481b 411c481c 411d481d 411e481e 411f481f 411h481h 411i481i 411j481j 411k481k 411l481l 428488 429489 430490 432492 434494 435495

  6. National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(e)(32) · 125 Stat. 1298

    Added · 37 U.S.C. § 435(c)

    Pub. L. 112–81, § 631(e)(32), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–81, § 631(e)(32), added subsec. (c).

    Enacted provision · exact public law section
    (32) Section 495 is amended by adding at the end the following new subsection: “(c) Termination.— No allowance may be paid under this section for any day after the travel authorities transition expiration date.” .

  7. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 604(b)(1) · 134 Stat. 3388

    Changed · 37 U.S.C. § 435

    Pub. L. 116–283, § 604(b)(1), renumbered section 495 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 604(b)(1), renumbered section 495 of this title as this section.

    Enacted provision · exact public law section
    (1) Transfer to chapter 7.— Section 495 of title 37, United States Code, is transferred to chapter 7 of such title, inserted after section 433a, and redesignated as section 435.

  8. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 604(b)(2) · 134 Stat. 3388

    Struck · 37 U.S.C. § 435(c)

    Pub. L. 116–283, § 604(b)(2), struck out subsec. (c). Text read as follows: “No allowance may be paid under this section for any day after the travel authorities transition expiration date.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 604(b)(2), struck out subsec. (c). Text read as follows: “No allowance may be paid under this section for any day after the travel authorities transition expiration date.”

    Enacted provision · exact public law section
    (2) Repeal of termination provision.— Section 435 of title 37, United States Code, as added by paragraph (1), is amended by striking subsection (c).

9 of 9 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 435 was renumbered section 495 of this title prior to being renumbered again as this section.

Amendments2000–2021 · 4 rounds

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 subsec. (c). Text read as follows: “No allowance may be paid under this section for any day after the travel authorities 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 directory 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 authorized 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 constitute payment in full to the member.”

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 honors duty performed on or after , 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)], , 114 Stat. 1654, 1654A–292, provided that the amendment made by that section is effective as of , and as if included in the National Defense Authorization Act for Fiscal Year 2000, Pub. L. 106–65, as enacted.

Credits

1999–2021 · 5 acts
  1. 1999Added Pub. L. 106–65, div. A, title V, § 578(j), , 113 Stat. 630, § 435
  2. 2000amended Pub. L. 106–398, § 1 [[div. A], title V, § 575(b), title X, § 1087(c)(1)(A)(i)], , 114 Stat. 1654, 1654A–138, 1654A–292
  3. 2001Pub. L. 107–107, div. A, title V, § 561(b), , 115 Stat. 1119
  4. 2011renumbered § 495 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(32), , 125 Stat. 1460, 1464
  5. 2021renumbered § 435 and amended Pub. L. 116–283, div. A, title VI, § 604(b), , 134 Stat. 3672.
Show as published

(Added Pub. L. 106–65, div. A, title V, § 578(j), , 113 Stat. 630, § 435; amended Pub. L. 106–398, § 1 [[div. A], title V, § 575(b), title X, § 1087(c)(1)(A)(i)], , 114 Stat. 1654, 1654A–138, 1654A–292; Pub. L. 107–107, div. A, title V, § 561(b), , 115 Stat. 1119; renumbered § 495 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(32), , 125 Stat. 1460, 1464; renumbered § 435 and amended Pub. L. 116–283, div. A, title VI, § 604(b), , 134 Stat. 3672.)

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USLM identifier /us/usc/t37/s435