Title 32 — National GuardRelease 119-73
§115 Funeral honors duty performed as a Federal function
Title 32 › Chapter CHAPTER 1— - ORGANIZATION › § 115
Summary
Guards members may be ordered, with their consent, to perform funeral honors for a veteran under 10 U.S.C. 1491. The State Governor or other proper State authority must also agree before ordering them. If they are not on active duty or full‑time Guard duty, the work counts as inactive‑duty training for most laws, except for 37 U.S.C. 206 and 435. They must serve at least two hours to get service credit under 10 U.S.C. 12732(a)(2)(E) and, as the Secretary directs, to receive either the allowance in 37 U.S.C. 435 or pay under 37 U.S.C. 206. Travel costs may be paid under 37 U.S.C. 452 if the duty is 50 miles or more from home. The Secretary of Defense sets the rules.
Full Legal Text
Title 32, §115
National Guard — Source: USLM XML via OLRC
(a)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. 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 section 206 and 435 of title 37.
(b)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)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)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)The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–263, § 626(e)(1), substituted “section 206 and 435” for “section 206 and 495”. Subsec. (b)(2)(A). Pub. L. 117–263, § 626(e)(2), substituted “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 “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 section 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 allowance 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 included in Pub. L. 112–81 as enacted.
Effective Date
of 2001 AmendmentAmendment by Pub. L. 107–107 applicable to funeral honors duty performed on or after Oct. 30, 2000, see section 562(c) of Pub. L. 107–107, set out as a note under section 12503 of Title 10, Armed Forces.
Effective Date
of 2000 AmendmentAmendment by 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.
Reference
Citations & Metadata
Citation
32 U.S.C. § 115
Title 32 — National Guard
Last Updated
Apr 6, 2026
Release point: 119-73