10 U.S. Code § 3755 - Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 3741 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 3741 or 3752 (a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
Source(Added Pub. L. 107–248, title VIII, § 8143(c)(1)(A),Oct. 23, 2002, 116 Stat. 1570; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16),Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a),Oct. 17, 2006, 120 Stat. 2217.)
2006—Pub. L. 109–364struck out “after October 23, 2002” after “section 3741 of this title” and inserted at end “In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.”
2002—Pub. L. 107–314substituted “October 23, 2002” for “the date of the enactment of this section”.
Presentation of Flag for Prior Recipients of Medal of Honor
“(1) Living recipients.—The President shall provide for the presentation of the Medal of Honor Flag as expeditiously as possible after the date of the enactment of this Act [Oct. 17, 2006] to each living recipient of the Medal of Honor who has not already received a Medal of Honor Flag.
“(2) Survivors of deceased recipients.—In the case of presentation of the Medal of Honor Flag for a recipient of the Medal of Honor who was awarded the Medal of Honor before the date of the enactment of this Act [Oct. 17, 2006] and who is deceased as of such date (or who dies after such date and before the presentation required by paragraph (1)), the President shall provide for posthumous presentation of the Medal of Honor Flag, upon written application therefor, to the primary living next of kin, as determined under regulations or procedures prescribed by the Secretary of Defense for the purposes of this paragraph (and notwithstanding the amendments made by paragraph (2) of subsection (a) [amending this section]).
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