10 U.S.C. § 7281 — Service medals: issue; replacement; avail-

Page 3021 TITLE 10—ARMED FORCES § 7281 President has inherent authority to issue regulations appropriate to exercising his functions. The words ‘‘but not in the name of Congress’’ are omitted as surplus- age, since a medal is presented in the name of Congress only if the law so directs. The word ‘‘award’’ is sub- stituted for the word ‘‘present’’ to cover the determina- tion of the recipients as well as the actual presentation of the medal. The words ‘‘since the 6th day of April, 1917, has distinguished, or who, after July 2, 1926’’ and 10:1429 (proviso of 1st sentence) are omitted as exe- cuted. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3749 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7280. Soldier’s Medal: award; limitations (a)(1) The President may award a decoration called the ‘‘Soldier’s Medal’’, of appropriate de- sign with accompanying ribbon, to any person who, while serving in any capacity with the Army, distinguishes himself by heroism not in- volving actual conflict with an enemy. (2) The authority in paragraph (1) includes au- thority to award the medal to a member of the Ready Reserve who was not in a duty status de- fined in section 101(d) of this title when the member distinguished himself by heroism. (b) Not more than one Soldier’s Medal may be awarded to a person. However, for each suc- ceeding act that would otherwise justify the award of such a medal, the President may award a suitable bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041, 70A Stat. 217, § 3750; Pub. L. 105–85, div. A, title V, § 574(a), Nov. 18, 1997, 111 Stat. 1758; renumbered § 7280, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3750(a) ..... 10:1428 (less last sen- tence). July 2, 1926, ch. 721, § 11, 44 Stat. 789. 3750(b) ..... 10:1428 (last sentence). In subsection (a), the words ‘‘Under such rules and regulations as he may prescribe’’ are omitted, since the President has inherent authority to issue regulations appropriate to exercising his functions. The words ‘‘but not in the name of Congress’’ are omitted as surplus- age, since a medal is presented in the name of Congress only if the law so directs. The word ‘‘award’’ is sub- stituted for the word ‘‘present’’ to cover the determina- tion of the recipients as well as the actual presentation of the medal. The words ‘‘a decoration called’’ are sub- stituted for the words ‘‘a medal to be known as’’. The words ‘‘including the National Guard and the Organized Reserves’’ are omitted as surplusage. The words ‘‘or herself’’ are omitted, since under section 1 of title 1, words importing the masculine gender include the feminine. The words ‘‘after July 2, 1926’’ are omitted as executed. In subsection (b), the words ‘‘that would otherwise justify’’ are substituted for the words ‘‘sufficient to’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3750 of this title as this section. 1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7281. Service medals: issue; replacement; avail- ability of appropriations (a) The Secretary of the Army shall procure, and issue without charge to any person entitled thereto, any service medal authorized for mem- bers of the Army after May 12, 1928, and any rib- bon, clasp, star, or similar device prescribed as a part of that medal. (b) Under such regulations as the Secretary may prescribe, any medal or other device issued under subsection (a) that is lost, destroyed, or becomes unfit for use, without fault or neglect of the owner, may be replaced at cost. However, if the owner is a member of the Army or the Air Force, the medal or device may be replaced without charge. (c) The Secretary may spend, from any appro- priation for the support of the Army, amounts necessary to provide medals and devices under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 217, § 3751; re- numbered § 7281, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3751(a) ..... 3751(b) ..... 3751(c) ..... 10:1415a (less 21st through 30th words, and less clauses (a) through (n)). 10:1415b (less applica- bility to 10:1415a (clauses (a) through (n)). 10:1415c (less applica- bility to 10:1415a (clauses (a) through (n)). May 12, 1928, ch. 528, §§ 1 (less 25th through 34th words, and less clauses (a) through (n)), 2 (less applicability to § 1 clauses (a) through (n)), 3 (less applica- bility to § 1 (clauses (a) through (n)), 45 Stat. 500. In subsection (a), 10:1415a (proviso) is omitted as sur- plusage, since the revised section is not limited to per- sons who are members of the Army at the time of the issue. In subsection (b), the words ‘‘member of the Army or the Air Force’’ are substituted for the words ‘‘persons in the military service of the United States’’. In subsection (c), the last 16 words are substituted for 10:1415c (last 16 words). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3751 of this title as this section. Page 3022 TITLE 10—ARMED FORCES § 7282 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. ISSUANCE OF CERTAIN OTHER MEDALS AND DEVICES Act Aug. 10, 1956, ch. 1041, § 33, 70A Stat. 633, provided that: ‘‘(a) The Secretary of the Army shall procure, and issue without charge to any person entitled thereto, the following service medals, and any ribbon, clasp, star, or similar device prescribed as a part of that medal: ‘‘(1) Civil War campaign medal; ‘‘(2) Indian campaign medal; ‘‘(3) Spanish campaign medal; ‘‘(4) Spanish War service medal; ‘‘(5) Cuban occupation medal; ‘‘(6) Puerto Rico occupation medal; ‘‘(7) Philippine campaign medal; ‘‘(8) Philippine Congressional medal; ‘‘(9) China campaign medal; ‘‘(10) Cuban pacification medal; ‘‘(11) Mexican service medal; ‘‘(12) Mexican border service medal; ‘‘(13) Victory medal and clasps; and ‘‘(14) fourragere as an individual decoration. ‘‘(b) Under regulations prescribed by the Secretary, any medal or other device issued under subsection (a) that is lost, destroyed, or becomes unfit for use, with- out fault or neglect of the owner, may be replaced at cost. However, if the owner is a member of the Army or the Air Force, the medal or device may be replaced without charge. ‘‘(c) The Secretary may spend, from any appropria- tion for the support of the Army, amounts necessary to provide medals and devices under this section. ‘‘(d) If a person dies before a medal or device is pre- sented to him under subsection (a), it may be presented to his family.’’ § 7282. Medals: posthumous award and presen- tation (a) If a person dies before the award of a medal of honor, distinguished-service cross, distin- guished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as des- ignated by the President. (b) If a person dies before an authorized serv- ice medal or device prescribed as a part thereof is presented to him under section 7281 of this title, it shall be presented to his family. (Aug. 10, 1956, ch. 1041, 70A Stat. 217, § 3752; Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered § 7282 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3752(a) ..... 3752(b) ..... 10:1409 (words between 1st and 2d semicolons). 10:1429 (1st 49 words of last sentence). 10:1415a (21st through 30th words, less appli- cability to clauses (a) through (n)). July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under ‘‘Ordnance Department’’), 40 Stat. 871. July 2, 1926, ch. 721, § 12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. HISTORICAL AND REVISION NOTES—CONTINUED 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) May 12, 1928, ch. 528, § 1 (25th through 34th words, less applica- bility to clauses (a) through (n)), 45 Stat. 500. In subsection (a), the words ‘‘If a person’’ are sub- stituted for the words ‘‘In case an individual * * * dies’’, in 10:1409, and ‘‘In case an individual * * * shall have died’’, in 10:1429. The words ‘‘within three years from the date’’, in 10:1409, are omitted as covered by section 3744 of this title. The words ‘‘who shall distin- guish himself’’, in 10:1409, and ‘‘who distinguishes him- self’’, in 10:1429, are omitted as covered by the words ‘‘the award * * * to which he is entitled’’. 1958 ACT The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permis- sive. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 808(b)(11), renumbered section 3752 of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 7281’’ for ‘‘section 3751’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘it shall be presented’’ for ‘‘it may be presented’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 7283. Civil War battle streamers If, under regulations prescribed by the Sec- retary of the Army, it is determined that a regi- ment or other unit of the Army is entitled to that honor, the regiment or unit may carry any appropriate Civil War battle streamer with its colors or standards. (Aug. 10, 1956, ch. 1041, 70A Stat. 218, § 3753; re- numbered § 7283, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3753 ......... [Uncodified]. Mar. 9, 1948, ch. 104, 62 Stat. 71. The words ‘‘it is determined’’ are substituted for the words ‘‘upon verification in the War Department that it is entitled to such honors’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3753 of this title as this section.