14 U.S.C. § 2746 — Award of other medals

Page 180 TITLE 14—COAST GUARD § 2745 of the United States, or was from a vessel owned or op- erated by the United States regardless of where the res- cue took place; and if the rescue took place within wa- ters of the United States the award could be made to an alien. The existing law relating to the Treasury Depart- ment Life-Saving Medal contained in title 14, U.S.C., 1946, ed., §§ 192–196, has long needed revision. The exist- ing law is composed of a series of statutes enacted sepa- rately between 1874 and 1897, and the result has not been entirely unsatisfactory. The original statute, en- acted in 1874 (title 14, U.S.C., 1946 ed., § 193), provided for Life-saving medals of the first and second class to be bestowed ‘‘upon any persons who shall hereafter en- danger their own lives in saving, or endeavoring to save lives from the perils of the sea, within the United States, or upon any American vessel’’. The medal of the first class was confined to cases of ‘‘extreme and heroic daring’’ and the medal of the second class was to be awarded ‘‘in cases not sufficiently distinguished to de- serve the medal of the first class’’ Then in 1878 another act was passed (title 14, U.S.C., 1946 ed., § 194) author- izing the bestowal of the medal of the second class ‘‘upon persons making such signal exertions in rescuing and succoring the shipwrecked, and saving persons from drowning’’ as, in the opinion of the Secretary of the Treasury, merited recognition. These two sections were construed by the Attorney General to be limited to the rescue of persons who were subjected to the per- ils of the sea in any waters of the United States in the vicinity of any lifeboat station, life-saving station, or house of refuge. And the person upon whom the medal could be bestowed was limited to members of life-sav- ing crews. (1895) Op. Att. Gen. 124. Thereupon, in 1897, an act was passed which provided that the two earlier acts should ‘‘be construed so as to empower the Sec- retary of the Treasury to bestow such medals upon per- sons making signal exertions in rescuing and succoring the shipwrecked and saving persons from drowning in waters over which the United States has jurisdiction, whether the said persons making such exertions were or were not members of the Life-Saving Service or whether or not such exertions were made in the vicin- ity of a life-saving station’’. (Title 14, U.S.C., 1946 ed., § 196.) This act was designed to give a more liberal ap- plication to the two earlier acts, and all three were to be read as one. (1900) 23 Op. Atty. Gen. 78. However, dif- ficult questions of interpretation have arisen because of the different jurisdictional language in the three acts. For example, title 14, U.S.C., 1946 ed., § 193, refers to rescues ‘‘within the United States’’, while title 14, U.S.C., 1946 ed., § 196, refers to rescues ‘‘in the waters over which the United States has jurisdiction’’. The need for clarification is obvious. Subsection (a) author- izes the awarding of the medal to any person, including Coast Guard personnel, who rescues or endeavors to rescue any person from drowning, shipwreck, or peril of the water. If the rescue or attempted rescue is at the risk of one’s own life and evidences extreme and heroic daring, the medal shall be of gold, and if the rescue or attempted rescue is not sufficiently distinguished to deserve the gold medal, but evidences the exertion of such signal exertion as to merit recognition, the medal shall be of silver. Thus, the acts for which the medals are to be awarded are defined simply and without any geographical or jurisdictional limitations. The dif- ficulty with the existing law is the attempt to define the required deed together with those limitations. Sub- section (a) does not change existing law insofar as the type of act necessary for the medals is concerned; it merely simplifies and clarifies existing law. Subsection (b) contains the jurisdictional limitations on the awarding of the medal and broadens, to a consid- erable extent, the provisions of existing law. It is the intent of this subsection to authorize the awarding of a medal in all cases where the United States has a le- gitimate interest in recognizing meritorious acts, such as where a United States citizen performs the act, or where a United States citizen is rescued, or where United States waters or United States vessels or air- craft are involved. Accordingly, rescues by United States citizens anywhere in the world will be recog- nized. Any person, including persons not citizens of the United States, may receive medals if the rescue or at- tempted rescue takes place in waters within the United States or subject to its jurisdiction or, in cases of res- cues outside such waters, if either the rescuer or the person rescued is from a United States vessel or air- craft, or the person rescued is a United States citizen. Thus, every case in which the United States govern- ment has an interest is provided for. A United States citizen who performs a heroic act sufficient to justify a medal in state waters, or in foreign waters, could not receive one under existing law, but could receive such award under this proposed revision. The awarding of medals should not turn on technical jurisdictional grounds; it should turn rather on the interest of the United States to recognize noble and heroic acts. Subsection (c) dealing with the awarding of bars for additional acts, clarifies, but does not change title 14, U.S.C., 1946 ed., § 195, except that authority is granted to award medals posthumously. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8505(a)(36)(B) sub- stituted ‘‘individual’’ for ‘‘person’’ in two places in in- troductory provisions. Subsec. (b). Pub. L. 116–283, § 8505(a)(36)(A), sub- stituted ‘‘an individual’’ for ‘‘a person’’. Subsec. (c). Pub. L. 116–283, § 8505(a)(36)(B), sub- stituted ‘‘individual’’ for ‘‘person’’ in two places. 2018—Pub. L. 115–282 renumbered section 500 of this title as this section. 1976—Subsec. (a). Pub. L. 94–546 substituted ‘‘Sec- retary’’ for ‘‘Secretary of the Treasury’’. § 2745. Replacement of medals In those cases where a medal, or a bar, em- blem, or insignia in lieu thereof, awarded pursu- ant to this chapter has been stolen, lost, de- stroyed, or rendered unfit for use without fault or neglect on the part of the individual to whom it was awarded, such medal, or bar, emblem, or insignia in lieu thereof, shall be replaced with- out charge, or, in the discretion of the Sec- retary, upon condition that the Government is reimbursed for the cost thereof. (Aug. 4, 1949, ch. 393, 63 Stat. 537, § 501; Pub. L. 107–107, div. A, title V, § 553(d)(2), Dec. 28, 2001, 115 Stat. 1117; renumbered § 2745, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(37), Jan. 1, 2021, 134 Stat. 4749.) HISTORICAL AND REVISION NOTES This section provides for the replacement of medals. It follows the established practice of the other armed forces, but makes an additional provision that the Sec- retary in his discretion may charge for the replacement medals in some circumstances. (See title 10, U.S.C., 1946 ed., § 1416 and title 34, U.S.C., 1946 ed., § 359.) 81st Con- gress, House Report No. 557. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘individual’’ for ‘‘person’’. 2018—Pub. L. 115–282 renumbered section 501 of this title as this section. 2001—Pub. L. 107–107 inserted ‘‘stolen,’’ before ‘‘lost,’’. § 2746. Award of other medals Coast Guard personnel, notwithstanding the provisions of this chapter, may be awarded med- Page 181 TITLE 14—COAST GUARD § 2761 als, bars, emblems, or insignia to which such personnel may be entitled under other provi- sions of law. (Aug. 4, 1949, ch. 393, 63 Stat. 537, § 502; renum- bered § 2746, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) HISTORICAL AND REVISION NOTES This section insures that the preceding sections are not intended to prevent Coast Guard military personnel from receiving other medals, the legion of merit, for example. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 502 of this title as this section. Executive Documents MERITORIOUS SERVICE MEDAL Medal established as an award for outstanding meri- torious achievement or service to the United States, see Ex. Ord. No. 11448, Jan. 16, 1969, 34 F.R. 915, as amended, set out as a note preceding section 1121 of Title 10, Armed Forces. § 2747. Awards and insignia for excellence in service or conduct The Coast Guard may award trophies, badges, and cash prizes to Coast Guard personnel or groups thereof, including personnel of the re- serve components thereof whether or not on ac- tive duty, for excellence in accomplishments re- lated to Coast Guard service, to incur such ex- penses as may be necessary to enter such per- sonnel in competitions, and to provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable. (Aug. 4, 1949, ch. 393, 63 Stat. 537, § 503; renum- bered § 2747, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) HISTORICAL AND REVISION NOTES Based on the following language contained in the Coast Guard appropriation act for 1949, ‘‘Pay and Al- lowances’’ and preceding years: ‘‘not exceeding $10,000 for cash prizes for men for excellence in boatmanship, gunnery, target practice, and engineering competi- tions’’ (June 19, 1948, ch. 558, 62 Stat. 561). This section expands the language contained in the appropriation act to include the awarding of trophies and badges, and to include in the accomplishments for which such awards may be made, excellence in any field related to Coast Guard duty. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 503 of this title as this section. § 2748. Presentation of United States flag upon retirement (a) PRESENTATION OF FLAG.—Upon the release of a member of the Coast Guard from active duty for retirement, the Secretary shall present a United States flag to the member. (b) MULTIPLE PRESENTATIONS NOT AUTHOR- IZED.—A member is not eligible for a presen- tation of a flag under subsection (a) if the mem- ber has previously been presented a flag under this section or any other provision of law pro- viding for the presentation of a United States flag incident to release from active service for retirement. (c) NO COST TO RECIPIENT.—The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 105–261, div. A, title VI, § 644(d)(1), Oct. 17, 1998, 112 Stat. 2049, § 516; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title X, § 1062(b)(2), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 112–213, title II, § 217(6), Dec. 20, 2012, 126 Stat. 1557; renumbered § 2748, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 516 of this title as this section. 2012—Subsec. (a). Pub. L. 112–213 struck out ‘‘of Homeland Security’’ after ‘‘Secretary’’. 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Subsec. (c). Pub. L. 107–314 substituted ‘‘this section’’ for ‘‘his section’’. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘under this section or any other provision of law providing for the presentation of a United States flag incident to re- lease from active service for retirement.’’ for ‘‘under this section or section 3681, 6141, and 8681 of title 10.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE Section applicable with respect to releases from ac- tive duty described in this section and sections 7251, 8261, and 9251 of Title 10, Armed Forces, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of Title 10, Armed Forces. SUBCHAPTER III—PAYMENTS Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 116(c)(3), Dec. 4, 2018, 132 Stat. 4229, inserted subchapter III designation and heading. § 2761. Individuals discharged as result of court- martial; allowances to The Secretary may furnish individuals dis- charged pursuant to the sentence of a Coast Guard court-martial suitable civilian clothing and a monetary allowance not to exceed $25 if the individual discharged would not otherwise have suitable clothing or funds to meet imme- diate needs. (Added May 5, 1950, ch. 169, § 16(a), 64 Stat. 148, § 509; amended Pub. L. 90–377, § 8, July 5, 1968, 82 Stat. 288; renumbered § 2761, Pub. L. 115–282, title