
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1561]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
  SUBCHAPTER IV--ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR 
                                  ROLL
 
Sec. 1561. Certificate

    (a) The Secretary concerned shall determine whether or not each 
applicant is entitled to have such person's name entered on the Army, 
Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official 
award of the Medal of Honor to the applicant, or the official notice to 
such person thereof, shows that the Medal of Honor was awarded to the 
applicant for an act described in section 1560 of this title, such award 
or notice shall be sufficient to entitle the applicant to have such 
person's name entered on such roll without further investigation; 
otherwise all official correspondence, orders, reports, recommendations, 
requests, and other evidence on file in any public office or department 
shall be considered.
    (b) Each person whose name is entered on the Army, Navy, Air Force, 
and Coast Guard Medal of Honor Roll shall be furnished a certificate of 
service and of the act of heroism, gallantry, bravery, or intrepidity 
for which the Medal of Honor was awarded, of enrollment on such roll, 
and, if such person has indicated such person's desire to receive the 
special pension provided by section 1562 of this title, of such person's 
right to such special pension.
    (c) The Secretary concerned shall deliver to the Secretary a 
certified copy of each certificate issued under subsection (b) in which 
the right of the person named in the certificate to the special pension 
provided by section 1562 of this title is set forth. Such copy shall 
authorize the Secretary to pay such special pension to the person named 
in the certificate.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 561; Pub. L. 87-138, 
Sec. 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec. 5(2), July 
25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec. 106(42), (43), Dec. 
23, 1975, 89 Stat. 1019; renumbered Sec. 1561 and amended Pub. L. 102-
83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-
406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 561 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1560'' for 
``560''.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1562'' for 
``562''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1562'' for 
``562''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' after ``the'' in two places.
    1975--Subsec. (a). Pub. L. 94-169, Sec. 106(42), substituted ``such 
person's'' for ``his'' wherever appearing, and ``such person'' for 
``him''.
    Subsec. (b). Pub. L. 94-169, Sec. 106(42), substituted ``such 
person'' for ``he'' and ``such person's'' for ``his'' wherever 
appearing.
    Subsec. (c). Pub. L. 94-169, Sec. 106(43), struck out ``by him'' 
after ``certificate issued''.
    1963--Subsecs. (a), (b). Pub. L. 88-77 inserted references to the 
Coast Guard.
    1961--Pub. L. 87-138 struck out ``entitling holder to pension'', 
after ``Certificate'' in section catchline.
    Subsec. (a). Pub. L. 87-138 substituted ``have his name entered on 
the Army, Navy, and Air Force Medal of Honor Roll'' for ``the benefits 
of this subchapter'', and ``have his name entered on such roll'' for 
``special pension under this subchapter''.
    Subsec. (b). Pub. L. 87-138 inserted provisions relating to the 
enrollee's indication of desire to receive pension.
    Subsec. (c). Pub. L. 87-138 required the copy to set forth the right 
of the person named in the certificate to the pension.


                    Effective Date of 1975 Amendment

    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    Effective Date of 1961 Amendment

    Amendment by Pub. L. 87-138 effective Sept. 1, 1961, except that it 
shall not apply with respect to applications under section 1560 
[formerly 560] of this title made prior to Sept. 1, 1961, by anyone who 
fulfilled the qualifications prescribed by subsec. (b) of such section 
1560 [formerly 560] at the time such application was made, see section 4 
of Pub. L. 87-138, set out as a note under section 1560 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1562 of this title.
