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Title 38 — Veterans’ Benefits

Part I · Chapter 1 — General

§ 112. Presidential memorial certificate program

Statutory text

(a)

At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country’s grateful recognition of the deceased individual’s service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient.

(b)

For the purpose of this section an “eligible recipient” means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend.

(c)

A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.

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. 89–88 § 1(a) · 79 Stat. 264

    Enacted · 38 U.S.C. § 112

    Added Pub. L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264

    Source evidence

    Code source credit
    Added Pub. L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264

  2. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 112(a)

    Pub. L. 102–83 substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  3. Pub. L. 107–330 title II § 201(a) · 116 Stat. 2820

    Added · 38 U.S.C. § 112(c)

    Pub. L. 107–330 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–330 added subsec. (c).

    Enacted provision · exact public law section
    (a) Presidential Memorial Certificate.— Section 112 is amended by adding at the end the following new subsection: “(c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.”

  4. Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title VI § 603 · 126 Stat. 1165

    1. Inserted · 38 U.S.C. § 112(a)

      Pub. L. 112–154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,”

    2. Substituted · 38 U.S.C. § 112(a)

      Pub. L. 112–154 substituted “deceased individual’s” for “veteran’s”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,” and substituted “deceased individual’s” for “veteran’s”.

    Enacted provision · exact public law section
    SEC. 603. EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES TO PERSONS WHO DIED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE.   Section 112(a) is amended— (1) by inserting “and persons who died in the active military, naval, or air service,” after “under honorable conditions,”; and (2) by striking “veteran’s” and inserting “deceased individual’s”.

  5. Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 title III § 302(a) · 130 Stat. 1536

    Substituted · 38 U.S.C. § 112(a)

    Pub. L. 114–315 substituted “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,” for “veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–315 substituted “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,” for “veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,”.

    Enacted provision · exact public law section
    (a) In General.— Section 112(a) is amended by striking “veterans,” and all that follows through “service,” and inserting the following: “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,”.

    Effective date note
    Pub. L. 114–315, title III, § 302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [Dec. 16, 2016].”

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1991–2016 · 4 rounds

2016

Subsec. (a). Pub. L. 114–315 substituted “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,” for “veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,”.

2012

Subsec. (a). Pub. L. 112–154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,” and substituted “deceased individual’s” for “veteran’s”.

2002

Subsec. (c). Pub. L. 107–330 added subsec. (c).

1991

Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–315, title III, § 302(b), , 130 Stat. 1551, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [].”

Effective Date of 2002 Amendment

Pub. L. 107–330, title II, § 201(d), , 116 Stat. 2823, provided that: “The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [].”

Credits

1965–2016 · 5 acts
  1. 1965Added Pub. L. 89–88, § 1(a), , 79 Stat. 264
  2. 1991amended Pub. L. 102–83, § 4(b)(1), (2)(E), , 105 Stat. 404, 405
  3. 2002Pub. L. 107–330, title II, § 201(a), , 116 Stat. 2823
  4. 2012Pub. L. 112–154, title VI, § 603, , 126 Stat. 1201
  5. 2016Pub. L. 114–315, title III, § 302(a), , 130 Stat. 1551.
Show as published

(Added Pub. L. 89–88, § 1(a), , 79 Stat. 264; amended Pub. L. 102–83, § 4(b)(1), (2)(E), , 105 Stat. 404, 405; Pub. L. 107–330, title II, § 201(a), , 116 Stat. 2823; Pub. L. 112–154, title VI, § 603, , 126 Stat. 1201; Pub. L. 114–315, title III, § 302(a), , 130 Stat. 1551.)

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