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10 U.S.C. § 7271 — Medal of honor: award

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10 U.S.C. § 7271 — Medal of honor: award

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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7271 — Medal of honor: award

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2991 — Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519

### 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

42 U.S.C. § 2991 — Short title

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

42 U.S.C. § 2992c — Records and audits

**(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

42 U.S.C. § 2992c — Definitions

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.