38 U.S.C. § 112 — Presidential memorial certificate program

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 deceased persons eligible for burial in a national cemetery by reason of any of para- graphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipi- ents 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 au- thorization 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. (Added Pub. L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–330, title II, § 201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112–154, title VI, § 603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114–315, title III, § 302(a), Dec. 16, 2016, 130 Stat. 1551.) Editorial Notes AMENDMENTS 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 per- sons who died in the active military, naval, or air serv- ice,’’ after ‘‘under honorable conditions,’’ and sub- stituted ‘‘deceased individual’s’’ for ‘‘veteran’s’’. 2002—Subsec. (c). Pub. L. 107–330 added subsec. (c). 1991—Subsec. (a). Pub. L. 102–83 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT 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, oc- curring before, on, or after the date of the enactment of this Act [Dec. 16, 2016].’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–330, title II, § 201(d), Dec. 6, 2002, 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 oc- curring on or after the date of the enactment of this Act [Dec. 6, 2002].’’ § 113. Treatment of certain programs under se- questration procedures (a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be in- cluded in any report specifying reductions in Federal spending: (1) Benefits under chapter 21 of this title, re- lating to specially adapted housing and mort- gage-protection life insurance for certain vet- erans with service-connected disabilities. (2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability. (3) Benefits under chapter 39 of this title, re- lating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. (4) Assistance and services under chapter 31 of this title, relating to training and rehabili- tation for certain veterans with service-con- nected disabilities. (5) Benefits under chapter 35 of this title, re- lating to educational assistance for survivors and dependents of certain veterans with serv- ice-connected disabilities. (6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans. (b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emer- gency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reduc- tions in Federal spending: (1) The following life insurance accounts: (A) The National Service Life Insurance Fund authorized by section 1920 of this title.