10 U.S.C. § 1124 — Cash awards for disclosures, suggestions,

Page 1186 TITLE 10—ARMED FORCES § 1123 war under the joint declaration of the United Nations and of other friendly foreign nations as have distin- guished themselves by exceptionally meritorious con- duct in the performance of outstanding services since the proclamation of an emergency by the President on September 8, 1939. Awards of the Medal for Merit made to civilians of foreign nations shall be for the perform- ance of an exceptionally meritorious or courageous act or acts in furtherance of the war efforts of the United Nations. 2. There is hereby established the Medal for Merit Board, which shall be composed of three members ap- pointed by the President, one of whom shall be des- ignated by the President to act as Chairman of the Board. 3. The Medal for Merit Board shall receive and con- sider proposals for the award of the decoration of the Medal for Merit and submit to the President the rec- ommendations of the Board with respect thereto. In the case of proposed awards to civilians of foreign nations, such recommendations shall include the recommenda- tions of the Secretary of State. 4. The Medal for Merit Board is authorized to pre- scribe, with the approval of the President, such rules and regulations not inconsistent with the provisions of this order as may be necessary to accomplish its pur- poses. 5. Executive Order 9331 of April 19, 1943 and the Medal for Merit Board created thereby, are superseded by this order. 6. The Medal for Merit shall not be awarded for any services relating to the prosecution of World War II performed subsequent to the cessation of hostilities, as proclaimed by Proclamation No. 2714 of December 31, 1946, and no proposal for an award for such services sub- mitted after June 30, 1947, shall be considered by the Medal for Merit Board. § 1123. Right to wear badges of military societies (a) A member of the Army, Navy, Air Force, Marine Corps, or Space Force who is a member of a military society originally composed of men who served in an armed force of the United States during the Revolutionary War, the War of 1812, the Mexican War, the Civil War, the Span- ish-American War, the Philippine Insurrection, or the Chinese Relief Expedition of 1900 may wear, on occasions of ceremony, the distinctive badges adopted by that society. (b) A member of the Army, Navy, Air Force, Marine Corps, or Space Force who is a member of the Army and Navy Union of the United States may wear, on public occasions of cere- mony, the distinctive badges adopted by that so- ciety. (Aug. 10, 1956, ch. 1041, 70A Stat. 88; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(Q), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1123(a) ..... 10:1427 (1st sentence). 34:371 (1st sentence). Sept. 25, 1890, J. Res. 50, 26 Stat. 681. 1123(b) ..... 10:1427 (less 1st sen- tence). May 11, 1894, J. Res. 26, 28 Stat. 583. 34:371 (less 1st sentence). Feb. 2, 1901, ch. 192, § 41, 31 Stat. 758. Jan. 12, 1903, J. Res. 2, 32 Stat. 1229. Mar. 2, 1907, J. Res. 18, 34 Stat. 1423. In subsection (a), the words ‘‘an armed force’’ are substituted for the words ‘‘armies and navies’’. The words ‘‘Revolutionary War’’, ‘‘Civil War’’, and ‘‘Phil- ippine Insurrection’’ are substituted for the words ‘‘War of the Revolution’’, ‘‘War of the Rebellion’’, and ‘‘incident insurrection in the Philippines’’, respec- tively, to reflect present terminology. The words ‘‘originally composed’’ are substituted for the words ‘‘in their own right’’, to reflect an opinion of the Attor- ney General (see 23 Op. Atty. Gen. 454). In subsections (a) and (b), the word ‘‘member’’ is sub- stituted for the words ‘‘officers and enlisted men’’. The words ‘‘Navy * * * or Marine Corps’’ are substituted for the word ‘‘Navy’’, since the word ‘‘Navy’’ in the source statute has, by long-standing administrative interpre- tation, been construed to include the Marine Corps. In subsection (b), the words ‘‘in their own right’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ in subsecs. (a) and (b). § 1124. Cash awards for disclosures, suggestions, inventions, and scientific achievements (a) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces under his jurisdiction who by his disclo- sure, suggestion, invention, or scientific achievement contributes to the efficiency, econ- omy, or other improvement of operations or pro- grams relating to the armed forces. (b) Whenever the President considers it desir- able, the Secretary of Defense, and the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Navy, are authorized to pay a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces who by his disclosure, suggestion, inven- tion, or scientific achievement contributes to the efficiency, economy, or other improvement of operations of the Government of the United States. Such award is in addition to any other award made to that member under subsection (a). (c) An award under this section may be paid notwithstanding the member’s death, separa- tion, or retirement from the armed force con- cerned. However, the disclosure, suggestion, in- vention, or scientific achievement forming the basis for the award must have been made while the member was on active duty or in an active reserve status and not otherwise eligible for an award under chapter 45 of title 5. (d) A cash award under this section is in addi- tion to the pay and allowances of the recipient. The acceptance of such an award shall con- stitute— (1) an agreement by the member that the use by the United States of any idea, method, or device for which the award is made may not be the basis of a claim against the United States by the member, his heirs, or assigns, or by any person whose claim is alleged to be derived through the member; and (2) a warranty by the member that he has not at the time of acceptance transferred, as- signed, or otherwise divested himself of legal or equitable title in any property right resid- Page 1187 TITLE 10—ARMED FORCES § 1124 ing in the idea, method, or device for which the award is made. (e) Awards to, and expenses for the honorary recognition of, members of the armed forces under this section may be paid from (1) the funds or appropriations available to the activity primarily benefiting; or (2) the several funds or appropriations of the various activities bene- fiting, as may be determined by the President for awards under subsection (b), and by the Sec- retary concerned for awards under subsection (a). (f) The total amount of the award, or awards, made under this section for a disclosure, sugges- tion, invention, or scientific achievement may not exceed $25,000, regardless of the number of persons who may be entitled to share therein. (g) Awards under this section shall be made under regulations to be prescribed by the Sec- retary of Defense, or by the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Navy. (h) For the purposes of this section, a member of the Commissioned Corps of the National Oce- anic and Atmospheric Administration or of the Public Health Service who is serving with an armed force shall be treated as if he were a member of that armed force. (Added Pub. L. 89–198, § 1(1), Sept. 22, 1965, 79 Stat. 830; amended Pub. L. 89–718, § 10, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90–623, § 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–470, title I, § 112(c), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96–513, title V, § 511(40), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 96–527, title VII, § 772, Dec. 15, 1980, 94 Stat. 3093; Pub. L. 99–145, title XII, § 1225(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 730; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes CODIFICATION Another section 1124 was renumbered 1126 of this title. AMENDMENTS 2002—Subsecs. (a), (b), (g). Pub. L. 107–296 substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transportation’’. 1985—Pub. L. 99–145 inserted ‘‘disclosures,’’ and sub- stituted ‘‘and’’ for ‘‘or’’ in section catchline, and in- serted ‘‘disclosure,’’ before ‘‘suggestion’’ in subsecs. (a), (b), (c), and (f). 1980—Subsec. (c). Pub. L. 96–527 authorized payment of awards to retired members of the armed forces, re- quired the basis for awards to have been made when in an active reserve status, and required the member to be ineligible for incentive award under chapter 45 of title 5. Subsec. (g). Pub. L. 96–470 struck out provision re- quiring the Secretary of Defense and the Secretary of Transportation to annually report to the President, for transmittal to Congress, on progress of the awards pro- gram. Subsec. (h). Pub. L. 96–513 substituted ‘‘National Oce- anic and Atmospheric Administration’’ for ‘‘Environ- mental Science Services Administration’’. 1968—Subsecs. (a), (b), (g). Pub. L. 90–623 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of the Treasury’’. 1966—Subsec. (g). Pub. L. 89–718 substituted ‘‘progress report’’ for ‘‘program report’’. 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 this title. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title XII, § 1225(a)(3), Nov. 8, 1985, 99 Stat. 730, provided that: ‘‘The amendments made by this subsection [amending this section] shall take ef- fect on October 1, 1985.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Public Health Service, see note set out under section 802 of this title. EX. ORD. NO. 11438. PROCEDURES GOVERNING INTERDEPARTMENTAL CASH AWARDS Ex. Ord. No. 11438, Dec. 3, 1968, 33 F.R. 18085, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 13286, § 63, Feb. 28, 2003, 68 F.R. 10629, provided: By virtue of the authority vested in me by section 1124(b) and (e) of title 10, United States Code, and sec- tion 301 of title 3, United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Any suggestion, invention, or scientific achievement by a member of the armed forces that con- tributes to the efficiency, economy, or other improve- ment of operations of the Government of the United States through its adoption or use by an executive de- partment or agency other than the executive depart- ment having jurisdiction over the armed force of the member concerned may be the basis for honorary rec- ognition or a cash award by the Secretary of Homeland Security in the case of a member of the Coast Guard when it is not operating as a service in the Navy or by the Secretary of Defense in the case of any other mem- ber of the armed forces. SEC. 2. An executive department or agency that adopts or uses the suggestion, invention, or scientific achievement of a member of the armed forces who is not under its jurisdiction may recommend to the De- partment of Defense or to the Department of Homeland Security, as appropriate, a cash award or honorary rec- ognition of the member and shall justify its rec- ommendation with appropriate documentation and ex- planation of how the suggestion, invention, or sci- entific achievement contributes to the efficiency, econ- omy, or other improvement of the operations of the Government of the United States. Awards shall be made under regulations to be prescribed by the Sec- retary of Defense or the Secretary of Homeland Secu- rity, as appropriate. The regulations of the Department of Defense and Department of Homeland Security may include designations of officials to whom authority for receiving, evaluating, and making awards may be as- signed. SEC. 3. No cash awards hereunder for a single sugges- tion, invention, or scientific achievement may exceed $25,000 regardless of the number of agencies or depart- ments which may adopt or use the suggestion, inven- tion, or scientific achievement. Page 1188 TITLE 10—ARMED FORCES § 1124a SEC. 4. Funds to cover the costs of cash awards to members of the armed forces shall be transferred from the account of any executive department or agency which recommends the award to the appropriate ac- count of the Department of Homeland Security or the Department of Defense, as the case may be. When sev- eral executive departments or agencies benefit from the adoption or use of the suggestion, invention, or sci- entific achievement, the amount transferred from each such benefiting department or agency to the Depart- ment of Homeland Security or the Department of De- fense to cover the proportionate share of the cost of the cash award shall be determined under procedures pre- scribed by the Office of Personnel Management in ac- cordance with the same guidelines and standards apply- ing to awards to civilian employees. § 1124a. Cyber operations-peculiar awards (a) AUTHORITY.—The Secretary of Defense and the Secretaries of the military departments may authorize the payment of a cash award to, and incur necessary expense for the honorary rec- ognition of, a member of the covered armed forces whose novel actions, invention, or tech- nical achievement enables or ensures oper- ational outcomes in or through cyberspace against threats to national security. (b) ACTIONS DURING SERVICE.—An award under this section may be paid notwithstanding the member’s death, separation, or retirement from the covered armed forces. However, the novel ac- tion, invention, or technical achievement form- ing the basis for the award must have been made while the member was on active duty or in an active reserve status and not otherwise eligible for an award under chapter 45 of title 5. (c) PAYMENT.—Awards to, and expenses for the honorary recognition of, members of the covered armed forces under this section may be paid from— (1) the funds or appropriations available to the activity primarily benefiting from the novel action, invention, or technical achieve- ment; or (2) the several funds or appropriations of the various activities benefiting from the novel action, invention, or technical achievement. (d) AMOUNTS.—The total amount of the award, or awards, made under this section for a novel action, invention, or technical achievement may not exceed $2,500, regardless of the number of persons who may be entitled to share therein. (e) REGULATIONS.—Awards under this section shall be made under regulations to be prescribed by the Secretary of Defense or by the Secre- taries of the military departments. (f) COVERED ARMED FORCES DEFINED.—In this section, the term ‘‘covered armed forces’’ means the Army, Navy, Air Force, Marine Corps, and Space Force. (Added Pub. L. 117–263, div. A, title XV, § 1531, Dec. 23, 2022, 136 Stat. 2900.) § 1125. Recognition for accomplishments: award of trophies The Secretary of Defense may— (1) award medals, trophies, badges, and simi- lar devices to members, units, or agencies of an armed force under his jurisdiction for ex- cellence in accomplishments or competitions related to that armed force; and (2) provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable. (Added Pub. L. 89–529, § 1(1), Aug. 11, 1966, 80 Stat. 339.) Executive Documents EX. ORD. NO. 11545. DEFENSE DISTINGUISHED SERVICE MEDAL Ex. Ord. 11545, July 9, 1970, 35 F.R. 11161, as amended by Ex. Ord. No. 14085, § 6, Oct. 3, 2022, 87 F.R. 60543, pro- vided: By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is ordered as fol- lows: SECTION 1. There is hereby established a Defense Dis- tinguished Service Medal, with accompanying ribbons and appurtenances, for award by the Secretary of De- fense to a member of the Armed Forces of the United States who performed exceptionally meritorious serv- ice in a duty of great responsibility with the Office of the Secretary of Defense, the Organization of the Joint Chiefs of Staff, a specified or unified command, a De- fense agency, or such other joint activity as may be designated by the Secretary of Defense. SEC. 2. The Defense Distinguished Service Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and shall be awarded under such regulations as the Secretary shall prescribe. These regulations shall place the Defense Distinguished Service Medal in an order of precedence after the Medals of Honor and the Distinguished Serv- ice Crosses of the Armed Forces and before the Distin- guished Service Medals of the Armed Forces. SEC. 3. No more than one Defense Distinguished Serv- ice Medal shall be awarded to any one person, but for each succeeding exceptionally meritorious period of service justifying such an award, a suitable device may be awarded to be worn with that Medal as prescribed by appropriate regulations of the Department of Defense. SEC. 4. The Defense Distinguished Service Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Sec- retary of Defense. § 1126. Gold star lapel button: eligibility and dis- tribution (a) A lapel button, to be known as the gold star lapel button, shall be designed, as approved by the Secretary of Defense, to identify next of kin of members of the armed forces— (1) who lost their lives during World War I, World War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958; (2) who lost or lose their lives after June 30, 1958— (A) while engaged in an action against an enemy of the United States; (B) while engaged in military operations involving conflict with an opposing foreign force; or (C) while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or (3) who lost or lose their lives after March 28, 1973, as a result of— (A) an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as