1. (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.
2. (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.
3. (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 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), 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].”

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 occurring on or after the date of the enactment of this Act [

Dec. 6, 2002].”