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38 U.S.C. § 112 — Presidential memorial certificate program
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 112
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Source file: Laws/federal/codes/united-states-code/title-38/section-112-presidential-memorial-certificate-program--7fc069aa9d.md
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Source location: Title 38, Chapter 1, § 112; chapter-001-general.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall furnish a flag to drape the casket of each—
(1) deceased veteran who—
(A) was a veteran of any war, or of service after January 31, 1955;
(B) had served at least one enlistment; or
(C) had been discharged or released from the active military, naval, air, or space service for a disability incurred or aggravated in line of duty; and
(2) deceased individual who at the time of death was entitled to retired pay under chapter 67 11 See References in Text note below. of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.
**(b)** After the burial of the veteran the flag so furnished shall be given to the veteran’s next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran.
**(c)** For the purpose of this section, the term “Mexican border period” as defined in paragraph (30) of [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim) includes the period beginning on January 1, 1911, and ending on May 8, 1916.
**(d)** In the case of any person who died while in the active military, naval, air, or space service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or under [section 1482(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2301
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post cemetery.
(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 2402(a)(4), (5), and (6) of this title.
(3) Soldiers of the Union and Confederate Armies of the Civil War.
(4) Any individual described in [section 2402(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a/5&num=0&edition=prelim) who is buried in a veterans’ cemetery owned by a State or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization.
(5) Any individual who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.
**(b)**
(1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under [section 2403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403&num=0&edition=prelim), a veterans’ cemetery owned by a State, a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization, or, in the case of a veteran, in a State, local, or private cemetery.
(2) For purposes of paragraph (1), an eligible in
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2306
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Federal law — U.S. Code and appendices · legal_authorities
Page 47
TITLE 38—VETERANS’ BENEFITS
§ 113
118–83, div. B, title III, § 331, Sept. 26, 2024, 138
Stat. 1541.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020, referred to in subsec.
(b)(2)(A), is the date of enactment of Pub. L. 116–315,
which was approved Jan. 5, 2021.
AMENDMENTS
2024—Subsec. (a)(2). Pub. L. 118–83 substituted ‘‘Sep-
tember 30, 2025’’ for ‘‘September 30, 2024’’.
2022—Subsec. (a)(2). Pub. L. 117–180 substituted ‘‘Sep-
tember 30, 2024’’ for ‘‘September 30, 2022’’.
2021—Subsec. (b). Pub. L. 116–315 designated existing
provisions as par. (1) and added par. (2).
2020—Subsec. (a)(2). Pub. L. 116–159 substituted ‘‘Sep-
tember 30, 2022’’ for ‘‘September 30, 2020’’.
2018—Subsec. (a)(2). Pub. L. 115–251 substituted ‘‘Sep-
tember 30, 2020’’ for ‘‘September 30, 2019’’.
2017—Subsec. (a)(2). Pub. L. 115–62 substituted ‘‘Sep-
tember 30, 2019’’ for ‘‘December 31, 2017’’.
2016—Subsec. (a)(2). Pub. L. 114–228 substituted ‘‘De-
cember 31, 2017’’ for ‘‘December 31, 2016’’.
2015—Subsec. (a)(2). Pub. L. 114–58 substituted ‘‘De-
cember 31, 2016’’ for ‘‘December 31, 2015’’.
2014—Subsec. (a)(2). Pub. L. 113–175 substituted ‘‘De-
cember 31, 2015’’ for ‘‘December 31, 2014’’.
2013—Subsec. (a)(2). Pub. L. 113–59 substituted ‘‘De-
cember 31, 2014’’ for ‘‘the date that is one year after the
date of the enactment of this section’’.
Subsec. (b). Pub. L. 112–260, § 202(b), transferred sub-
sec. (h) of section 111 of this title to this section, redes-
ignated it as subsec. (b), and inserted heading.
§ 112. Presidential memorial certificate program
(a) At the request of the President the Sec-
retary may conduct a program for honoring the
memory of dec
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 112
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.