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10 U.S.C. § 7271 — Medal of honor: award
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Page 3014
TITLE 10—ARMED FORCES
§ 7271
1986, 100 Stat. 3878; Pub. L. 100–180, div. A, title
XII, § 1231(16), Dec. 4, 1987, 101 Stat. 1161; renum-
bered § 7263, Pub. L. 115–232, div. A, title VIII,
§ 808(b)(10), Aug. 13, 2018, 132 Stat. 1838.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3723 .........
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
reference to 10:455a–455d and 32:164a–164c, and the words
‘‘nor any other law of the United States shall be con-
strued as limiting the power and authority’’, are omit-
ted, since the revised section makes explicit the au-
thority of the Secretary to require the prescribed hos-
pitalization and care. The words ‘‘or in training, under
the provisions of section 62—’’ are omitted as covered
by the words ‘‘active duty’’. The words ‘‘in the active
military service’’ are omitted as surplusage. With the
exception of 32:62 (4th proviso of last sentence), the ref-
erences to 32:62–65, 144–146, 183, and 186, in 10:455e and
32:164d, do not refer to members of the Army National
Guard of the United States and are therefore omitted
from the revised section. 10:455e (1st proviso) and
32:164d (1st proviso) are omitted since they apply only
to the National Guard and are covered by section 320 of
title 32.
Editorial Notes
CODIFICATION
Pub. L. 100–26, § 7(j)(11), Apr. 21, 1987, 101 Stat. 283,
which directed that section 4723 of this title, as amend-
ed by section 604(f)(1)(D) of Pub. L. 99–661, be amended
by s
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Page 3014
TITLE 10—ARMED FORCES
§ 7271
1986, 100 Stat. 3878; Pub. L. 100–180, div. A, title
XII, § 1231(16), Dec. 4, 1987, 101 Stat. 1161; renum-
bered § 7263, Pub. L. 115–232, div. A, title VIII,
§ 808(b)(10), Aug. 13, 2018, 132 Stat. 1838.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3723 .........
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
reference to 10:455a–455d and 32:164a–164c, and the words
‘‘nor any other law of the United States shall be con-
strued as limiting the power and authority’’, are omit-
ted, since the revised section makes explicit the au-
thority of the Secretary to require the prescribed hos-
pitalization and care. The words ‘‘or in training, under
the provisions of section 62—’’ are omitted as covered
by the words ‘‘active duty’’. The words ‘‘in the active
military service’’ are omitted as surplusage. With the
exception of 32:62 (4th proviso of last sentence), the ref-
erences to 32:62–65, 144–146, 183, and 186, in 10:455e and
32:164d, do not refer to members of the Army National
Guard of the United States and are therefore omitted
from the revised section. 10:455e (1st proviso) and
32:164d (1st proviso) are omitted since they apply only
to the National Guard and are covered by section 320 of
title 32.
Editorial Notes
CODIFICATION
Pub. L. 100–26, § 7(j)(11), Apr. 21, 1987, 101 Stat. 283,
which directed that section 4723 of this title, as amend-
ed by section 604(f)(1)(D) of Pub. L. 99–661, be amended
by striking out the comma after ‘‘disease’’, could not
be executed because no section 4723 of this title had yet
been enacted. The probable intent of Congress was to
amend section 3723 of this title. Pub. L. 100–180,
§ 1231(16), cited as a credit above, made an identical
amendment to section 3723 prior to its renumbering as
this section.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 3723 of this
title as this section.
1987—Pub. L. 100–180 struck out the 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 737—DECORATIONS AND AWARDS
Sec.
7271.
Medal of honor: award.
7272.
Distinguished-service cross: award.
Sec.
7273.
Distinguished-service medal: award.
7274.
Medal of honor; distinguished-service cross;
distinguished-service medal: limitations on
award.
7275.
Medal of honor; distinguished-service cross;
distinguished-service medal: delegation of
power to award.
7276.
Silver star: award.
7277.
Medal of honor; distinguished-service cross;
distinguished-service medal; silver star: re-
placement.
7278.
Medal of honor; distinguished-service cross;
distinguished-service medal; silver star:
availability of appropriations.
7279.
Distinguished flying cross: award; limita-
tions.
7280.
Soldier’s Medal: award; limitations.
7281.
Service medals: issue; replacement; avail-
ability of appropriations.
7282.
Medals: posthumous award and presentation.
7283.
Civil War battle streamers.
7284.
Medal of honor: duplicate medal.
7285.
Medal of honor: presentation of Medal of
Honor Flag.
7286.
Korea Defense Service Medal.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A),
(f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter
357 of this title as this chapter and items 3741 to 3756 as
7271 to 7286, respectively.
2004—Pub. L. 108–375, div. A, title X, § 1084(d)(28), Oct.
28, 2004, 118 Stat. 2063, renumbered item 3755 ‘‘Korea De-
fense Service Medal’’ as 3756.
2002—Pub. L. 107–314, div. A, title V, § 543(b)(2), Dec. 2,
2002, 116 Stat. 2549, added item 3755 ‘‘Korea Defense
Service Medal’’.
Pub. L. 107–248, title VIII, § 8143(c)(1)(B), Oct. 23, 2002,
116 Stat. 1570, added item 3755 ‘‘Medal of honor: presen-
tation of Medal of Honor Flag’’.
2001—Pub. L. 107–107, div. A, title V, § 553(a)(1)(B),
Dec. 28, 2001, 115 Stat. 1116, added item 3754.
§ 7271. 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 Army,
distinguished himself conspicuously by gal-
lantry 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. 215, § 3741; Pub.
L. 88–77, § 1(1), July 25, 1963, 77 Stat. 93; renum-
bered § 7271, 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)
3741 .........
10:1403.
July 9, 1918, ch. 143 (8th
par. under ‘‘Ordnance
Department’’), 40 Stat.
870.
Page 3015
TITLE 10—ARMED FORCES
§ 7271
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
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
2018—Pub. L. 115–232 renumbered section 3741 of this
title as this section.
1963—Pub. L. 88–77 enlarged authority to award medal
of honor, which was limited to those cases in which
persons distinguished themselves in action involving
actual conflict with an enemy, to permit its award for
distinguished service while engaged in an action
against an enemy of the United States, while engaged
in military operations involving conflict with an oppos-
ing 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.
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.
REVIEW OF WORLD WAR I VALOR MEDALS
Pub. L. 116–92, div. A, title V, § 584, Dec. 20, 2019, 133
Stat. 1412, as amended by Pub. L. 116–283, div. A, title
V, § 561(a), Jan. 1, 2021, 134 Stat. 3639; Pub. L. 118–31, div.
A, title V, § 593, Dec. 22, 2023, 137 Stat. 286, provided
that:
‘‘(a) REVIEW REQUIRED.—Each Secretary concerned
shall review the service records of World War I veterans
described in subsection (b) under the jurisdiction of
such Secretary in order to determine whether any such
veteran should be awarded the Medal of Honor for valor
during World War I.
‘‘(b) COVERED WORLD WAR I VETERANS.—The World
War I veterans whose service records may be reviewed
under subsection (a) are the following:
‘‘(1) African American war veterans, Asian Amer-
ican war veterans, Hispanic American war veterans,
Jewish American war veterans, and Native American
war veterans who were awarded the Distinguished
Service Cross or the Navy Cross for an action that oc-
curred between April 6, 1917, and November 11, 1918.
‘‘(2) African American war veterans, Asian Amer-
ican war veterans, Hispanic American war veterans,
Jewish American war veterans, and Native American
war veterans who were awarded the Croix de Guerre
with Palm (that is, awarded at the Army level or
above) by the Government of France for an action
that occurred between April 6, 1917, and November 11,
1918.
‘‘(3) African American war veterans, Asian Amer-
ican war veterans, Hispanic American war veterans,
Jewish American war veterans, and Native American
war veterans who were recommended for a Medal of
Honor for actions that occurred from April 6, 1917, to
November 11, 1918, if the Department of Defense pos-
sesses or receives records relating to such rec-
ommendation.
‘‘(c) RECOMMENDATION BASED ON REVIEW.—If a Sec-
retary concerned determines, based upon the review
under subsection (a), that the award of the Medal of
Honor to a covered World War I veteran is warranted,
such Secretary shall submit to the President a rec-
ommendation that the President award the Medal of
Honor to that veteran.
‘‘(d) AUTHORITY TO AWARD MEDAL
OF HONOR.—The
Medal of Honor may be awarded to a World War I vet-
eran in accordance with a recommendation of a Sec-
retary concerned under subsection (c).
‘‘(e) WAIVER OF TIME LIMITATIONS.—An award of the
Medal of Honor may be made under subsection (d) with-
out regard to—
‘‘(1) section 7274 or 8298 of title 10, United States
Code, as applicable; and
‘‘(2) any regulation or other administrative restric-
tion on—
‘‘(A) the time for awarding the Medal of Honor; or
‘‘(B) the awarding of the Medal of Honor for serv-
ice for which a Distinguished Service Cross or Navy
Cross has been awarded.
‘‘(f) DEADLINE.—The review under subsection (a) shall
terminate not later than December 31, 2028.
‘‘(g) DEFINITIONS.—
‘‘(1) IN GENERAL.—In this section:
‘‘(A) AFRICAN AMERICAN WAR VETERAN.—The term
‘African American war veteran’ means any person
who served in the United States Armed Forces be-
tween April 6, 1917, and November 11, 1918, and who
identified himself as of African descent on his mili-
tary personnel records.
‘‘(B) ASIAN
AMERICAN
WAR
VETERAN.—The term
‘Asian American war veteran’ means any person
who served in the United States Armed Forces be-
tween April 6, 1917, and November 11, 1918, and who
identified himself racially, nationally, or ethnically
as originating from a country in Asia on his mili-
tary personnel records.
‘‘(C) HISPANIC AMERICAN WAR VETERAN.—The term
‘Hispanic American war veteran’ means any person
who served in the United States Armed Forces be-
tween April 6, 1917, and November 11, 1918, and who
identified himself racially, nationally, or ethnically
as originating from a country where Spanish is an
official language on his military personnel records.
‘‘(D) JEWISH AMERICAN WAR VETERAN.—The term
‘Jewish American war veteran’ mean any person
who served in the United States Armed Forces be-
tween April 6, 1917, and November 11, 1918, and who
identified himself as Jewish on his military per-
sonnel records.
‘‘(E) NATIVE AMERICAN WAR VETERAN.—The term
‘Native American war veteran’ means any person
who served in the United States Armed Forces be-
tween April 6, 1917, and November 11, 1918, and who
identified himself as a member of a federally recog-
nized tribe within the modern territory of the
United States on his military personnel records.
‘‘(F) SECRETARY CONCERNED.—The term ‘Secretary
concerned’ means—
‘‘(i) the Secretary of the Army, in the case of
members of the Armed Forces who served in the
Army between April 6, 1917, and November 11,
1918; and
‘‘(ii) the Secretary of the Navy, in the case of
members of the Armed Forces who served in the
Navy or the Marine Corps between April 6, 1917,
and November 11, 1918.
‘‘(2) APPLICATION OF DEFINITIONS OF ORIGIN.—If the
military personnel records of a person do not reflect
the person’s membership in one of the groups identi-
fied in subparagraphs (B) through (F) of paragraph (1)
but historical evidence exists that demonstrates the
person’s Jewish faith held at the time of service, or
that the person identified himself as of African,
Asian, Hispanic, or Native American descent, the per-
son may be treated as being a member of the applica-
ble group by the Secretary concerned for purposes of
this section.’’
[Pub. L. 116–283, div. A, title V, § 561(b), Jan. 1, 2021,
134 Stat. 3639, provided that: ‘‘The amendment made by
subsection (a) [amending section 584 of Pub. L. 116–92,
Page 3016
TITLE 10—ARMED FORCES
§ 7271
set out above] shall take effect as if enacted on the
date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2020 [Dec. 20, 2019] (Public
Law 116–92; 133 Stat. 1281 [1198]).’’]
REVIEW REGARDING AWARD
OF MEDAL
OF HONOR
TO
CERTAIN ASIAN AMERICAN AND NATIVE AMERICAN PA-
CIFIC ISLANDER WAR VETERANS
Pub. L. 114–328, div. A, title V, § 586, Dec. 23, 2016, 130
Stat. 2151, as amended by Pub. L. 115–232, div. A, title
VIII, § 809(b)(6), Aug. 13, 2018, 132 Stat. 1840, provided
that:
‘‘(a) REVIEW REQUIRED.—The Secretary of each mili-
tary department shall review the service records of
each Asian American and Native American Pacific Is-
lander war veteran described in subsection (b) to deter-
mine whether that veteran should be awarded the
Medal of Honor.
‘‘(b) COVERED VETERANS.—The Asian American and
Native American Pacific Islander war veterans whose
service records are to be reviewed under subsection (a)
are any former members of the Armed Forces whose
service records identify them as an Asian American or
Native American Pacific Islander war veteran who was
awarded the Distinguished-Service Cross, the Navy
Cross, or the Air Force Cross during the Korean War or
the Vietnam War.
‘‘(c) CONSULTATIONS.—In carrying out the review
under subsection (a), the Secretary of each military de-
partment shall consult with such veterans service orga-
nizations as the Secretary considers appropriate.
‘‘(d) RECOMMENDATIONS BASED ON REVIEW.—If the Sec-
retary concerned determines, based upon the review
under subsection (a) of the service records of any Asian
American or Native American Pacific Islander war vet-
eran, that the award of the Medal of Honor to that vet-
eran is warranted, the Secretary shall submit to the
President a recommendation that the President award
the Medal of Honor to that veteran.
‘‘(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal
of Honor may be awarded to an Asian American or Na-
tive American Pacific Islander war veteran in accord-
ance with a recommendation of the Secretary con-
cerned under subsection (d).
‘‘(f)
CONGRESSIONAL
NOTIFICATION.—No
Medal
of
Honor may be awarded pursuant to subsection (e) until
the Secretary of Defense submits to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives notice of the recommendations under sub-
section (d), including the name of each Asian American
or Native American Pacific Islander war veteran rec-
ommended to be awarded a Medal of Honor and the ra-
tionale for such recommendation.
‘‘(g) WAIVER OF TIME LIMITATIONS.—An award of the
Medal of Honor may be made under subsection (e) with-
out regard to—
‘‘(1) section 7274, 8296, or 9274 of title 10, United
States Code, as applicable; and
‘‘(2) any regulation or other administrative restric-
tion on—
‘‘(A) the time for awarding the Medal of Honor; or
‘‘(B) the awarding of the Medal of Honor for serv-
ice for which a Distinguished-Service Cross, Navy
Cross, or Air Force Cross has been awarded.
‘‘(h) DEFINITION.—In this section, the term ‘Native
American Pacific Islander’ means a Native Hawaiian or
Native American Pacific Islander, as those terms are
defined in section 815 of the Native American Programs
Act of 1974 (42 U.S.C. 2992c).’’
REVIEW REGARDING AWARD OF MEDAL OF HONOR TO
JEWISH AMERICAN WORLD WAR I VETERANS
Pub. L. 112–81, div. A, title V, § 595, Dec. 31, 2011, 125
Stat. 1444, provided that:
‘‘(a) REVIEW REQUIRED.—The Secretary of the Army
and the Secretary of the Navy shall review the service
of each Jewish American World War I veteran described
in subsection (b) to determine whether such veteran
should be posthumously awarded the Medal of Honor.
‘‘(b) COVERED JEWISH AMERICAN WAR VETERANS.—The
Jewish American World War I veterans whose service is
to be reviewed under subsection (a) are any Jewish
American World War I veterans awarded the Distin-
guished Service Cross or the Navy Cross for heroism
during World War I and whose name and supporting
material for upgrade of the award are submitted to the
Secretary concerned for such purpose before the end of
the one-year period beginning on the date of the enact-
ment of this Act [Dec. 31, 2011].
‘‘(c) RECOMMENDATION BASED ON REVIEW.—If the Sec-
retary concerned determines, based upon the review
under subsection (a) that the award of the Medal of
Honor to a veteran is warranted, the Secretary shall
submit to the Secretary of Defense a recommendation
that the Medal of Honor be awarded posthumously to
the veteran.
‘‘(d) WORLD WAR I DEFINED.—In this section, the term
‘World War I’ means the period beginning on April 6,
1917, and ending on November 11, 1918.’’
REVIEW REGARDING AWARD
OF MEDAL
OF HONOR
TO
CERTAIN JEWISH AMERICAN
AND HISPANIC AMERICAN
WAR VETERANS
Pub. L. 107–107, div. A, title V, § 552, Dec. 28, 2001, 115
Stat. 1115, as amended by Pub. L. 113–66, div. A, title V,
§ 566, Dec. 26, 2013, 127 Stat. 769, provided that:
‘‘(a) REVIEW REQUIRED.—The Secretary of each mili-
tary department shall review the service records of
each Jewish American war veteran or Hispanic Amer-
ican war veteran described in subsection (b) to deter-
mine whether that veteran should be awarded the
Medal of Honor.
‘‘(b) COVERED JEWISH AMERICAN WAR VETERANS AND
HISPANIC AMERICAN WAR VETERANS.—The Jewish Amer-
ican war veterans and Hispanic American war veterans
whose service records are to be reviewed under sub-
section (a) are the following:
‘‘(1) Any Jewish American war veteran or Hispanic
American war veteran who was awarded the Distin-
guished Service Cross, the Navy Cross, or the Air
Force Cross before the date of the enactment of this
Act [Dec. 28, 2001].
‘‘(2) Any other Jewish American war veteran or His-
panic American war veteran whose name is submitted
to the Secretary concerned for such purpose before
the end of the one-year period beginning on the date
of the enactment of this Act.
‘‘(c) CONSULTATIONS.—In carrying out the review
under subsection (a), the Secretary of each military de-
partment shall consult with the Jewish War Veterans
of the United States of America and with such other
veterans service organizations as the Secretary con-
siders appropriate.
‘‘(d) RECOMMENDATION BASED ON REVIEW.—If the Sec-
retary concerned determines, based upon the review
under subsection (a) of the service records of any Jew-
ish American war veteran or Hispanic American war
veteran, that the award of the Medal of Honor to that
veteran is warranted, the Secretary shall submit to the
President a recommendation that the President award
the Medal of Honor to that veteran.
‘‘(e) AUTHORITY TO AWARD MEDAL OF HONOR.—(1) A
Medal of Honor may be awarded to a Jewish American
war veteran or Hispanic American war veteran in ac-
cordance with a recommendation of the Secretary con-
cerned under subsection (d).
‘‘(2) In addition to the authority provided by para-
graph (1), a Medal of Honor may be awarded to a vet-
eran of the Armed Forces who, although not a Jewish-
American war veteran or Hispanic-American war vet-
eran described in subsection (b), was identified during
the review of service records conducted under sub-
section (a) and regarding whom the Secretary of De-
fense submitted, before January 1, 2014, a recommenda-
tion to the President that the President award the
Medal of Honor to that veteran.
‘‘(f) WAIVER OF TIME LIMITATIONS.—An award of the
Medal of Honor may be made under subsection (e) with-
out regard to—
Page 3017
TITLE 10—ARMED FORCES
§ 7273
‘‘(1) section 3744, 6248, or 8744 [now 7274, 8298, or 9274]
of title 10, United States Code, as applicable; and
‘‘(2) any regulation or other administrative restric-
tion on—
‘‘(A) the time for awarding the Medal of Honor; or
‘‘(B) the awarding of the Medal of Honor for serv-
ice for which a Distinguished Service Cross, Navy
Cross, or Air Force Cross has been awarded.
‘‘(g) DEFINITION.—For purposes of this section, the
term ‘Jewish American war veteran’ means any person
who served in the Armed Forces during World War II or
a later period of war and who identified himself or her-
self as Jewish on his or her military personnel
records.’’
REVIEW
REGARDING
UPGRADING
OF
DISTINGUISHED-
SERVICE CROSSES
AND NAVY CROSSES AWARDED
TO
ASIAN-AMERICANS AND NATIVE AMERICAN PACIFIC IS-
LANDERS FOR WORLD WAR II SERVICE
Pub. L. 104–106, div. A, title V, § 524, Feb. 10, 1996, 110
Stat. 312, provided that:
‘‘(a) REVIEW
REQUIRED.—(1) The Secretary of the
Army shall review the records relating to each award of
the Distinguished-Service Cross, and the Secretary of
the Navy shall review the records relating to each
award of the Navy Cross, that was awarded to an Asian-
American or a Native American Pacific Islander with
respect to service as a member of the Armed Forces
during World War II. The purpose of the review shall be
to determine whether any such award should be up-
graded to the Medal of Honor.
‘‘(2) If the Secretary concerned determines, based
upon the review under paragraph (1), that such an up-
grade is appropriate in the case of any person, the Sec-
retary shall submit to the President a recommendation
that the President award the Medal of Honor to that
person.
‘‘(b) WAIVER OF TIME LIMITATIONS.—A Medal of Honor
may be awarded to a person referred to in subsection
(a) in accordance with a recommendation of the Sec-
retary concerned under that subsection without regard
to—
‘‘(1) section 3744, 6248, or 8744 [now 7274, 8298, or 9274]
of title 10, United States Code, as applicable; and
‘‘(2) any regulation or other administrative restric-
tion on—
‘‘(A) the time for awarding the Medal of Honor; or
‘‘(B) the awarding of the Medal of Honor for serv-
ice for which a Distinguished-Service Cross or Navy
Cross has been awarded.
‘‘(c) DEFINITION.—For purposes of this section, the
term ‘Native American Pacific Islander’ means a Na-
tive Hawaiian and any other Native American Pacific
Islander within the meaning of the Native American
Programs Act of 1974 (42 U.S.C. 2991 et seq.).’’
§ 7272. Distinguished-service cross: award
The President may award a distinguished-
service cross of appropriate design, with ribbons
and appurtenances, to a person who, while serv-
ing in any capacity with the Army, distin-
guishes 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. 215, § 3742; Pub.
L. 88–77, § 1(2), July 25, 1963, 77 Stat. 93; renum-
bered § 7272, 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)
3742 .........
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
2018—Pub. L. 115–232 renumbered section 3742 of this
title as this section.
1963—Pub. L. 88–77 enlarged authority to award the
distinguished-service cross, which was limited to those
cases in which persons distinguished themselves in con-
nection with military operations against an armed
enemy, to permit its award for extraordinary heroism
not justifying award of a medal of honor, while engaged
in an action against an enemy of United States, while
engaged in military operations involving conflict with
an opposing foreign force, or while serving with friend-
ly foreign forces engaged in an armed conflict against
an opposing armed force in which 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.
§ 7273. 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 Army, distin-
guishes himself by exceptionally meritorious
service to the United States in a duty of great
responsibility.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3743; re-
numbered § 7273, 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)
3743 .........
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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who while a member of the Army, distinguished 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 involving conflict with an opposing foreign force; or
(3) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7271
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2982, Pub. L. 88–452, title VII, § 711, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316, set forth Congressional statement of policy with respect to urban and rural special impact programs.
Section 2982a, Pub. L. 88–452, title VII, § 712, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–386, § 2(b), Aug. 23, 1974, 88 Stat. 745; Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316; Pub. L. 94–341, § 2(b)(1), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(c), Nov. 2, 1978, 92 Stat. 2437, related to establishment and scope of programs.
Section 2982b, Pub. L. 88–452, title VII, § 713, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2317; Pub. L. 95–568, §§ 14(d), (e), 17(a)(36), Nov. 2, 1978, 92 Stat. 2437, 2443, set forth financial assistance requirements for programs.
Section 2982c, Pub. L. 88–452, title VII, § 714, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 699; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2318; Pub. L. 94–341, § 2(b)(2), (3), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(f), Nov. 2, 1978, 92 Stat. 2438, related to Federal share of program costs.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1981, see [section 9912(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9912/a&num=0&edition=prelim), prior to the general amendment of chapter 106 (§ 9901 et seq.) of this title by Pub. L. 105–285.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2991
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2991. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5638
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2985c–1
94–341, § 2(b)(9)–(12), July 6, 1976, 90 Stat. 806; Pub. L.
95–568, § 14(j), Nov. 2, 1978, 92 Stat. 2438, related to appli-
cation of other resources.
Section 2985b, Pub. L. 88–452, title VII, § 743, as added
Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2322; amended
Pub. L. 94–341, § 2(b)(13), July 6, 1976, 90 Stat. 806, re-
lated to application of Department of Housing and
Urban Development programs.
Section 2985c, Pub. L. 88–452, title VII, § 744, as added
Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2322; amended
Pub. L. 94–341, § 2(b)(14), (17)(A), (B), July 6, 1976, 90
Stat. 806, related to applicability of Department of Ag-
riculture and Farmers Home Administration programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1981, see section 9912(a) of this
title, prior to the general amendment of chapter 106
(§ 9901 et seq.) of this title by Pub. L. 105–285.
§ 2985c–1. Repealed. Pub. L. 95–568, § 14(k), Nov.
2, 1978, 92 Stat. 2438
Section, Pub. L. 88–452, title VII, § 745, formerly
§ 744(b), as added Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88
Stat. 2322; renumbered § 745 and amended Pub. L. 94–341,
§ 2(b)(15), (17)(C), July 6, 1976, 90 Stat. 806, set forth pro-
visions relating to report by Director on availability
and effectiveness of Federal agency programs.
§§ 2985d to 2985g. Repealed. Pub. L. 97–35, title
VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
Section 2985d, Pub. L. 88–452, title VII, § 745, as added
Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2322; renum-
bered § 746, Pub. L. 94–341, § 2(b)(16), July 6, 1976, 90 Stat.
806; renumbered § 745, Pub. L. 95–568, § 14(k), Nov. 2, 1978,
92 Stat. 2438, related to coordination and el
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2991
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2991. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency which receives financial assistance under this subchapter shall keep such records as the Commissioner may prescribe, including records which fully disclose the amount and disposition by that agency of such financial assistance, the total cost of the project in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.
**(b)** The Commissioner and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any agency which receives financial assistance under this subchapter that are pertinent to the financial assistance received under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2992c
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2992c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 5652
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2992c
ation of any program that provides loans,
grants, benefits, or contracts authorized by this
subchapter.
(b) Interpretative rule or general statement of
policy; waiver of notice and public procedure
regarding any other rule
(1) Subparagraph (A) of the last sentence of
section 553(b) of title 5 shall not apply with re-
spect to any interpretative rule or general state-
ment of policy—
(A) proposed under this subchapter; or
(B) applicable exclusively to any program,
project, or activity authorized by, or carried
out under, this subchapter.
(2) Subparagraph (B) of the last sentence of
section 553(b) of title 5, shall not apply with re-
spect to any rule (other than an interpretative
rule or a general statement of policy)—
(A) proposed under this subchapter; or
(B) applicable exclusively to any program,
project, or activity authorized by, or carried
out under, this subchapter.
(3) The first 2 sentences of section 553(b) of
title 5 shall apply with respect to any rule
(other than an interpretative rule, a general
statement of policy, or a rule of agency organi-
zation, procedure, or practice) that is—
(A) proposed under this subchapter; or
(B) applicable exclusively to any program,
project, or activity authorized by, or carried
out under, this subchapter;
unless the Secretary for good cause finds (and
incorporates the finding and a brief statement of
the reasons therefor in such rule) that notice
and public procedure thereon are contrary to
the public interest or would impair the effective
administration of any program, project, or ac-
tivity with respect to which such rule is issued.
(c) Effective date of rule or general statement of
policy
Notwithstanding section 553(d) of title 5, no
ru
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2992c
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2992c. This identifies an authority to review, not proof of applicability.