10 U.S.C. § 12503

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 12503 - Ready Reserve: funeral honors duty
(a) ORDER TO DUTY.-A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title. Performance of funeral honors duty by a Reserve not on active 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.
(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 this title; 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.
(e) MEMBERS OF THE NATIONAL GUARD.-This section does not apply to members of the Army National Guard of the United States or the Air National Guard of the United States. The performance of funeral honors duty by those members is provided for in section 115 of title 32.

10 U.S.C. § 12503

Added Pub. L. 106-65, div. A, title V, §578(g)(3), Oct. 5, 1999, 113 Stat. 628; amended Pub. L. 106-398, §1[[div. A], title V, §575(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-138; Pub. L. 107-107, div. A, title V, §562(a), 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(c)(9), Dec. 23, 2022, 136 Stat. 2628.

EDITORIAL NOTES

AMENDMENTS2022-Subsec. (a). Pub. L. 117-263, §626(c)(9)(A), substituted "sections 206 and 435" for "sections 206 and 495". Subsec. (b)(2)(A). Pub. L. 117-263, §626(c)(9)(B), substituted "section 435" for "section 495".Subsec. (c). Pub. L. 117-263, §626(c)(9)(C), 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 a Reserve not on active 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." 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 AMENDMENT Pub. L. 107-107, div. A, title V, §562(c), Dec. 28, 2001, 115 Stat. 1120, provided that: "The amendments made by this section [amending this section and section 115 of Title 32, National Guard] shall apply to funeral honors duty performed on or after October 30, 2000."

EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-398, §1[[div. A], title V, §575(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-138, provided that: "The amendments made by this section [amending this section, section 115 of Title 32, National Guard, and section 435 of Title 37, Pay and Allowances of the Uniformed Services] shall apply with respect to funeral honors duty performed on or after October 1, 2000."

Air National Guard of the United States
The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
Army National Guard of the United States
The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
National Guard
The term "National Guard" means the Army National Guard and the Air National Guard.
Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty
The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
inactive-duty training
The term "inactive-duty training" means-(A) duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.
pay
The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
uniformed services
The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.