10 U.S.C. § 9263 — When Secretary may require

Page 3477 TITLE 10—ARMED FORCES § 9263 HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) June 24, 1948, ch. 632 (2d proviso under ‘‘Fi- nance Department’’), 62 Stat. 650. 10:291c (proviso) and the words ‘‘after June 30, 1948’’, in 10:291c–1, are omitted as executed. The definition of the term ‘‘flying officer’’, in 10:291c, originally was a definition of the term ‘‘flying officer in time of peace’’ as provided by section 2 of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words ‘‘in time of peace’’. As a consequence of that amendment, 10:291e (1st 26 words) is omitted as surplusage. Clause (2) is substituted for 10:291c–1 (less last 10 words). The words ‘‘commissioned officers or warrant’’, in 10:291c–1, are omitted as surplusage. In clause (4), the last 19 words are substituted for the words ‘‘any other’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8691 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. § 9254. Authority to designate certain separated members of the Air Force as honorary sepa- rated members of the Space Force (a) AUTHORITY.—The Secretary of the Air Force may prescribe regulations that authorize an eligible individual to be designated as an honorary separated member of the Space Force. An eligible individual so designated may be re- ferred to as a ‘‘Legacy Guardian’’. (b) ELEMENTS.—Regulations prescribed under this section may include the following elements: (1) Eligibility criteria, including applicable dates of service and constructive service cred- it, for designation under this section. (2) An application process through which an eligible individual, or a survivor of a deceased eligible individual, may apply for such des- ignation of such eligible individual. (3) A certificate, approved device, or other insignia of such designation. (c) RULE OF CONSTRUCTION.—Designation of an eligible individual under this section shall not be construed to entitle such eligible individual to any benefit in addition to those established by this section or pursuant to regulations pre- scribed under this section. (d) ELIGIBLE INDIVIDUAL DEFINED.—In this sec- tion, the term ‘‘eligible individual’’ means an in- dividual— (1) whom the Secretary of the Air Force de- termines served in support of space operations as a member of the Air Force; and (2) who separates (or previously separated) from the armed forces as a member of the Air Force. (Added Pub. L. 118–159, div. A, title V, § 525, Dec. 23, 2024, 138 Stat. 1885.) CHAPTER 935—HOSPITALIZATION Sec. 9263. When Secretary may require. Editorial Notes PRIOR PROVISIONS A prior chapter 935, consisting of sections 9561 to 9565, related to issue of serviceable material to Armed Forces, prior to renumbering as chapter 965 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 855 of this title as this chapter and item 8723 as 9263. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(v), Nov. 14, 1986, 100 Stat. 3877, struck out item 8721 ‘‘Mem- bers of Air Force, other than of Regular Air Force’’ and item 8722 ‘‘Members of C.A.T.C.; members of Air Force not covered by section 8721 of this title’’. 1958—Pub. L. 85–861, § 1(190)(D), Sept. 2, 1958, 72 Stat. 1534, struck out reference to members of the A.F.R.O.T.C. in item 8722. § 9263. When Secretary may require The Secretary of the Air Force may order the hospitalization, medical and surgical treatment, and domiciliary care for as long as necessary, of any member of the Air Force or the Space Force on active duty, and may incur obligations with respect thereto, whether or not the member in- curred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of absence for more than 24 hours. (Aug. 10, 1956, ch. 1041, 70A Stat. 539, § 8723; Pub. L. 99–661, div. A, title VI, § 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–26, § 7(j)(11), Apr. 21, 1987, 101 Stat. 283; renumbered § 9263, Pub. L. 115–232, div. A, title VIII, § 806(b)(10), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(11), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8723 ......... 10:455e. 32:164d. July 15, 1939, ch. 282; re- stated Oct. 14, 1940, ch. 875, § 5, 54 Stat. 1137. The words ‘‘under such regulations as he may pre- scribe’’, in 10:455e and 32:164d, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The references to 10:455a–455d and 32:164a–164c, and the words ‘‘nor any other law of the United States shall be construed as limiting the power and authority’’, are omitted, since the revised section makes explicit the authority of the Secretary to require the prescribed hospitalization and care. The words ‘‘or in training, under the provisions of sections 62—’’ are omitted as covered by the words ‘‘active duty’’. The words ‘‘so long as any or all are necessary’’ and ‘‘in the active military service’’ are omitted as surplusage. With the exception of 32:62 (4th proviso of last sentence), the references to 32:62–65, 144–146, 183, and 186, in 10:455e and 32:164d, do not refer to members of the Air National Guard of the United States and are therefore omitted from the re- vised section. 10:455e (1st proviso) and 32:164d (1st pro- viso) are omitted, since they apply only to the National Guard and are covered by section 320 of title 32. Page 3478 TITLE 10—ARMED FORCES § 9271 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘member of the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8723 of this title as this section. 1987—Pub. L. 100–26 struck out comma after ‘‘dis- ease’’. 1986—Pub. L. 99–661 substituted ‘‘incurred an injury, illness, or disease’’ for ‘‘was injured, or contracted a disease’’. 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 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title. CHAPTER 937—DECORATIONS AND AWARDS Sec. 9271. Medal of honor: award. 9272. Air Force cross: award. 9273. Distinguished-service medal: award. 9274. Medal of honor; Air Force cross; distin- guished-service medal: limitations on award. 9275. Medal of honor; Air Force cross; distin- guished-service medal: delegation of power to award. 9276. Silver star: award. 9277. Medal of honor; Air Force cross; distin- guished-service cross; distinguished-service medal; silver star: replacement. 9278. Medal of honor; Air Force cross; distin- guished-service cross; distinguished-service medal; silver star: availability of appropria- tions. 9279. Distinguished flying cross: award; limita- tions. 9280. Airman’s Medal: award; limitations. 9281. Service medals: issue; replacement; avail- ability of appropriations. 9282. Medals: posthumous award and presentation. 9284. Medal of honor: duplicate medal. 9285. Medal of honor: presentation of Medal of Honor Flag. 9286. Korea Defense Service Medal. Editorial Notes PRIOR PROVISIONS A prior chapter 937, consisting of sections 9591 to 9594, related to utilities and services, prior to renumbering as chapter 967 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 857 of this title as this chapter and items 8741 to 8756 as 9271 to 9286, respectively. 2004—Pub. L. 108–375, div. A, title X, § 1084(d)(33), Oct. 28, 2004, 118 Stat. 2063, renumbered item 8755 ‘‘Korea De- fense Service Medal’’ as 8756. 2002—Pub. L. 107–314, div. A, title V, § 543(d)(2), Dec. 2, 2002, 116 Stat. 2550, added item 8755 ‘‘Korea Defense Service Medal’’. Pub. L. 107–248, title VIII, § 8143(c)(3)(B), Oct. 23, 2002, 116 Stat. 1571, added item 8755 ‘‘Medal of honor: presen- tation of Medal of Honor Flag’’. 2001—Pub. L. 107–107, div. A, title V, § 553(c)(1)(B), Dec. 28, 2001, 115 Stat. 1116, added item 8754. 1960—Pub. L. 86–593, § 1(7), July 6, 1960, 74 Stat. 332, substituted ‘‘Air Force cross’’ for ‘‘distinguished-serv- ice cross’’ in items 8742, 8744, and 8745, inserted ‘‘Air Force cross;’’ in items 8747 and 8748, and substituted ‘‘Airman’s Medal’’ for ‘‘Soldier’s Medal’’ in item 8750. Statutory Notes and Related Subsidiaries EXTENSION OF TIME FOR AWARD OF DECORATION For extension of time for award of decorations, or de- vices in lieu of decorations, for acts or services per- formed in direct support of military operations in Southeast Asia between July 1, 1958, and Mar. 28, 1973, see Pub. L. 93–469, Oct. 24, 1974, 88 Stat. 1422, set out as a note preceding section 7271 of this title. For extension of time for award of decoration, or de- vice in lieu of decoration, for an act or service per- formed while on active duty in military or naval forces, or while serving with such forces, between June 27, 1950, and July 27, 1953, see act Aug. 2, 1956, ch. 877, 70 Stat. 933, set out as a note preceding section 7271 of this title. Executive Documents MERITORIOUS SERVICE MEDAL Establishment of, see Ex. Ord. No. 11448, set out as a note preceding section 1121 of this title. § 9271. Medal of honor: award The President may award, and present in the name of Congress, a medal of honor of appro- priate design, with ribbons and appurtenances, to a person who, while a member of the Air Force or the Space Force, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty— (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations in- volving conflict with an opposing foreign force; or (3) while serving with friendly foreign forces engaged in an armed conflict against an oppos- ing armed force in which the United States is not a belligerent party. (Aug. 10, 1956, ch. 1041, 70A Stat. 540, § 8741; Pub. L. 88–77, § 3(1), July 25, 1963, 77 Stat. 94; renum- bered § 9271, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(12)(A)(i), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8741 ......... 10:1403. July 9, 1918, ch. 143, (8th par. under ‘‘Ordnance Department’’), 40 Stat. 870. The words ‘‘That the provisions of existing law relat- ing to the award of medals of honor to officers, non- commissioned officers, and privates of the Army be, and they hereby are, amended so that’’, in the Act of July 9, 1918, ch. 143 (8th par. under ‘‘Ordnance Depart- ment’’), 40 Stat. 870, are not contained in 10:1403. They are also omitted from the revised section as surplusage. The word ‘‘member’’ is substituted for the words ‘‘offi- cer or enlisted man’’. The word ‘‘only’’ is omitted as