10 U.S.C. § 9271 — Medal of honor: award

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 Page 3479 TITLE 10—ARMED FORCES § 9273 surplusage. The word ‘‘award’’ is inserted for clarity, since the President determines the recipient of the medal in addition to presenting it. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’ in introductory provisions. 2018—Pub. L. 115–232 renumbered section 8741 of this title as this section. 1963—Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action in- volving actual conflict with an enemy, to permit its award for distinguished service while engaged in an ac- tion against an enemy of the United States, while en- gaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. 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. § 9272. Air Force cross: award The President may award an Air Force cross of appropriate design, with ribbons and appur- tenances, to a person who, while serving in any capacity with the Air Force or the Space Force, distinguishes himself by extraordinary heroism not justifying the award of a medal of honor— (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, § 8742; Pub. L. 86–593, § 1(1), July 6, 1960, 74 Stat. 331; Pub. L. 88–77, § 3(2), July 25, 1963, 77 Stat. 94; renumbered § 9272, 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)(ii), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8742 ......... 10:1406. July 9, 1918, ch. 143 (9th par. under ‘‘Ordnance Department’’), 40 Stat. 870. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words ‘‘since the 6th day of April, 1917’’ are omitted as exe- cuted. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words ‘‘or herself’’ are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words ‘‘or who shall hereafter distin- guish’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’ in introductory provisions. 2018—Pub. L. 115–232 renumbered section 8742 of this title as this section. 1963—Pub. L. 88–77 enlarged the authority to award the Air Force cross, which was limited to those cases in which persons distinguished themselves in connec- tion with military operations against an armed enemy, to permit its award for extraordinary heroism not jus- tifying the award of a medal of honor, while engaged in military operations involving conflict with an opposing foreign force, or 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 bel- ligerent party. 1960—Pub. L. 86–593 substituted ‘‘Air Force cross’’ for ‘‘Distinguished-service cross’’ in section catchline, and substituted ‘‘an Air Force cross’’ for ‘‘a distinguished- service cross’’ in text. 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. REFERENCES TO DISTINGUISHED-SERVICE CROSS AND SOLDIER’S MEDAL CONSIDERED MADE TO AIR FORCE CROSS AND AIRMAN’S MEDAL Pub. L. 86–593, § 3, July 6, 1960, 74 Stat. 332, provided that: ‘‘References that other laws, regulations, and or- ders make, with respect to the Air Force, to the distin- guished-service cross and the Soldier’s Medal shall be considered to be made to the Air Force cross and the Airman’s Medal, respectively.’’ § 9273. Distinguished-service medal: award The President may award a distinguished- service medal of appropriate design and a rib- bon, together with a rosette or other device to be worn in place thereof, to a person who, while serving in any capacity with the Air Force or the Space Force, distinguishes himself by excep- tionally meritorious service to the United States in a duty of great responsibility. (Aug. 10, 1956, ch. 1041, 70A Stat. 540, § 8743; re- numbered § 9273, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; amended Pub. L. 116–283, div. A, title IX, § 923(c)(12)(A)(iii), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8743 ......... 10:1407. July 9, 1918, ch. 143 (10th par., less words after 1st semicolon, under ‘‘Ordnance Depart- ment’’), 40 Stat. 870. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words ‘‘since the 6th day of April, 1917’’ are omitted as exe- cuted. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words ‘‘or herself’’ are omitted, since, under section 1 of title 1, words importing the masculine gender include the