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10 U.S.C. § 9282 — Medals: posthumous award and presen-

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

10 U.S.C. § 9282 — Medals: posthumous award and presen-

Page 3483 TITLE 10—ARMED FORCES § 9282 (2) The authority in paragraph (1) includes au- thority to award the medal to a member of the Ready Reserve who was not in a duty status de- fined in section 101(d) of this title when the member distinguished himself by heroism. (b) Not more than one Airman’s Medal may be awarded to a person. However, for each suc- ceeding act that would otherwise justify the award of such a medal, the President may award a suitable bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8750; Pub. L. 86–593, § 1(6), July 6, 1960, 74 Stat. 332; Pub. L. 105–85, div. A, title V, § 574(c), Nov. 18, 1997, 111 Stat. 1758; renumbered § 9280, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 118–159, div. A, title V, § 521(k)(2), Dec. 23, 2024, 138 Stat. 1882.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8750(a) ..... 10:1428 (less last sen- tence). July 2, 1926, ch. 721, § 11, 44 Stat. 789. 8750(b) ..... 10:1428 (last sentence). The words ‘‘Under such rules and regulations as he may prescribe’’ are omitted, since the President has in- herent authority to issue regulations appropriate to ex- ercising his functions. 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 word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients as well as the actual presentation of the medal. The words ‘‘a decoration called’’ are substituted for the words ‘‘a medal to be known as’’. The words ‘‘including the National Guard and the Organized Reserves’’ are omitted as surplusage. The

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Page 3483 TITLE 10—ARMED FORCES § 9282 (2) The authority in paragraph (1) includes au- thority to award the medal to a member of the Ready Reserve who was not in a duty status de- fined in section 101(d) of this title when the member distinguished himself by heroism. (b) Not more than one Airman’s Medal may be awarded to a person. However, for each suc- ceeding act that would otherwise justify the award of such a medal, the President may award a suitable bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8750; Pub. L. 86–593, § 1(6), July 6, 1960, 74 Stat. 332; Pub. L. 105–85, div. A, title V, § 574(c), Nov. 18, 1997, 111 Stat. 1758; renumbered § 9280, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 118–159, div. A, title V, § 521(k)(2), Dec. 23, 2024, 138 Stat. 1882.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8750(a) ..... 10:1428 (less last sen- tence). July 2, 1926, ch. 721, § 11, 44 Stat. 789. 8750(b) ..... 10:1428 (last sentence). The words ‘‘Under such rules and regulations as he may prescribe’’ are omitted, since the President has in- herent authority to issue regulations appropriate to ex- ercising his functions. 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 word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients as well as the actual presentation of the medal. The words ‘‘a decoration called’’ are substituted for the words ‘‘a medal to be known as’’. The words ‘‘including the National Guard and the Organized Reserves’’ are omitted as surplusage. The words ‘‘or herself’’ are omitted, since, under section 1 of title 1, words import- ing the masculine gender include the feminine. The words ‘‘after July 2, 1926’’ are omitted as executed. In subsection (b), the words ‘‘that would otherwise justify’’ are substituted for the words ‘‘sufficient to’’. Editorial Notes AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159 inserted ‘‘or Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232 renumbered section 8750 of this title as this section. 1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2). 1960—Pub. L. 86–593 substituted ‘‘Airman’s Medal’’ for ‘‘Soldier’s Medal’’ in section catchline and wherever appearing in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9281. Service medals: issue; replacement; avail- ability of appropriations (a) The Secretary of the Air Force shall pro- cure, and issue without charge to any person en- titled thereto, any service medal authorized for members of the Air Force or the Space Force after September 26, 1947, and any ribbon, clasp, star, or similar device prescribed as a part of that medal. (b) Under such regulations as the Secretary may prescribe, any medal or other device issued under subsection (a) that is lost, destroyed, or becomes unfit for use without fault or neglect of the owner, may be replaced at cost. However, if the owner is a member of the Air Force or the Space Force, the medal or device may be re- placed without charge. (c) The Secretary may spend, from any appro- priation for the support of the Air Force or the Space Force, amounts necessary to provide med- als and devices under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8751; re- numbered § 9281, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; amended Pub. L. 116–283, div. A, title IX, § 923(c)(12)(A)(v), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8751(a) ..... 8751(b) ..... 8751(c) ..... 10:1415a (less 21st through 30th words, and less clauses (a) through (n)). 10:1415b (less applica- bility to 10:1415a (clauses (a) through (n))). 10:1415c (less applica- bility to 10:1415a (clauses (a) through (n))). May 12, 1928, ch. 528, §§ 1 (less 25th through 34th words, and less clauses (a) through (n)), 2 (less applicability to § 1 (clauses (a) through (n))), 3 (less applica- bility to § 1 (clauses (a) through (n))), 45 Stat. 500. In subsection (a), the words ‘‘authorized for members of the Air Force after September 26, 1947’’ are sub- stituted for the words ‘‘hereafter authorized’’, since, under Transfer Order 1, that date was the effective date of the transfer of personnel from the Army to the Air Force under section 208(e) of the National Security Act of 1947, as amended (5 U.S.C. 626c(e)). 10:1415a (proviso) is omitted as surplusage, since the revised section is not limited to persons who are members of the Air Force at the time of the issue. In subsection (b), the words ‘‘member of the Air Force’’ are substituted for the words ‘‘persons in the military service of the United States’’. In subsection (c), the last 16 words are substituted for 10:1415c (last 16 words). Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’ wherever appearing after the first appearance. 2018—Pub. L. 115–232 renumbered section 8751 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9282. Medals: posthumous award and presen- tation (a) If a person dies before the award of a medal of honor, distinguished-service cross, distin- guished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal Page 3484 TITLE 10—ARMED FORCES § 9284 or device presented to his representative, as des- ignated by the President. (b) If a person dies before an authorized serv- ice medal or device prescribed as a part thereof is presented to him under section 9281 of this title, it shall be presented to his family. (Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752; Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered § 9282 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8752(a) ..... 8752(b) ..... 10:1409 (words between 1st and 2d semicolons). 10:1429 (1st 49 words of last sentence). 10:1415a (21st through 30th words, less appli- cability to clauses (a) through (n)). July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under ‘‘Ordnance Department’’), 40 Stat. 871. July 2, 1926, ch. 721, § 12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. May 12, 1928, ch. 528, § 1 (25th through 34th words, less applica- bility to clauses (a) through (n)), 45 Stat. 500. In subsection (a), the words ‘‘If a person’’ are sub- stituted for the words ‘‘In case an individual * * * dies’’, in 10:1409, and ‘‘In case an individual * * * shall have died’’, in 10:1429. The words ‘‘within three years from the date’’, in 10:1409, are omitted as covered by section 8744 of this title. The words ‘‘who shall distin- guish himself’’, in 10:1409, and ‘‘who distinguishes him- self’’, in 10:1429, are omitted as covered by the words ‘‘the award * * * to which he is entitled’’. 1958 ACT The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permis- sive. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(b)(11), renumbered section 8752 of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9281’’ for ‘‘section 8751’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘it shall be presented’’ for ‘‘it may be presented’’. 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 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 9284. Medal of honor: duplicate medal A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Air Force may deter- mine, as a duplicate or for display purposes only. (Added Pub. L. 107–107, div. A, title V, § 553(c)(1)(A), Dec. 28, 2001, 115 Stat. 1116, § 8754; renumbered § 9284, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8754 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 9285. Medal of honor: presentation of Medal of Honor Flag The President shall provide for the presen- tation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 9271 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 9271 or 9282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented. (Added Pub. L. 107–248, title VIII, § 8143(c)(3)(A), Oct. 23, 2002, 116 Stat. 1570, § 8755; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a), Oct. 17, 2006, 120 Stat. 2217; renum- bered § 9285 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8755 of this title as this section and substituted ‘‘section 9271’’ for ‘‘section 8741’’ and ‘‘section 9271 or 9282(a)’’ for ‘‘section 8741 or 8752(a)’’. 2006—Pub. L. 109–364 struck out ‘‘after October 23, 2002’’ after ‘‘section 8741 of this title’’ and inserted at end ‘‘In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.’’ 2002—Pub. L. 107–314 substituted ‘‘October 23, 2002’’ for ‘‘the date of the enactment of this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL OF HONOR President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal

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

10 U.S.C. § 9282 — Medals: posthumous award and presentation

**(a)** If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President. **(b)** If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under [section 9281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9281&num=0&edition=prelim), it shall be presented to his family.

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