Page 2762 TITLE 10—ARMED FORCES § 9275

§ 9275 TITLE 10—ARMED FORCES Page 2762

HISTORICAL AND REVISION NOTES bered § 9275, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.) Revised section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES 8744(a) ..... 10:1411. July 9, 1918, ch. 143 (12th 8744(b) ..... 10:1409 (words before 1st par., less words after Revised Source (U.S. Code) Source (Statutes at Large) semicolon). 2d semicolon, under section 8744(c) ..... 10:1409 (words after 2d ‘‘Ordnance Depart- semicolon). ment’’); restated Jan. 8745 ...... 10:1410. July 9, 1918, ch. 143 (16th 24, 1920, ch. 55, § 1 (less par., less words after last sentence), 41 Stat. semicolon, under ‘‘Ord- 398. nance Department’’), July 9, 1918, ch. 143 (less 40 Stat. 872. words between 1st and 2d semicolons of 15th par. under ‘‘Ordnance The words ‘‘under such conditions, regulations, and Department’’), 40 Stat. limitations as he shall prescribe’’ are omitted as sur- 871. plusage. The words ‘‘his authority’’ are substituted for the words ‘‘the power conferred upon him by sections In subsection (a), the words ‘‘may be awarded to a 1403, 1406–1408, 1409–1412, 1416, 1420, 1422, 1423, and 1424 of person’’ are substituted for the words ‘‘shall be issued this title’’. to any one person’’ to conform to the other subsections of the revised section. AMENDMENTS In subsection (b), the word ‘‘thereof’’ is substituted 2018—Pub. L. 115–232 renumbered section 8745 of this for the words ‘‘of either of said medal or of said cross’’. title as this section. The words ‘‘Except as otherwise prescribed in this sec- 1960—Pub. L. 86–593 substituted ‘‘Air Force cross’’ for tion’’, ‘‘at the time of’’, ‘‘specific’’, ‘‘official’’, and ‘‘has ‘‘distinguished-service cross’’ in section catchline and so distinguished himself as’’ are omitted as surplusage. in text. In subsection (c), 10:1409 (words after 3d semicolon) is omitted as executed. The words ‘‘hereinbefore author- EFFECTIVE DATE OF 2018 AMENDMENT ized’’ are omitted as surplusage. Amendment by Pub. L. 115–232 effective Feb. 1, 2019, AMENDMENTS with provision for the coordination of amendments and special rule for certain redesignations, see section 800 2018—Pub. L. 115–232 renumbered section 8744 of this of Pub. L. 115–232, set out as a note preceding section title as this section. 3001 of this title. 2013—Subsec. (a). Pub. L. 113–66, § 561(c), substituted ‘‘Air Force Cross’’ for ‘‘medal of honor, Air Force § 9276. Silver star: award cross,’’. Subsec. (b)(1). Pub. L. 113–66, § 562(b)(1)(A), sub- The President may award a silver star of ap- stituted ‘‘five years’’ for ‘‘three years’’. propriate design, with ribbons and appur- Subsec. (b)(2). Pub. L. 113–66, § 562(b)(1)(B), substituted tenances, to a person who, while serving in any ‘‘three years’’ for ‘‘two years’’. capacity with the Air Force, is cited for gal- Subsec. (d)(1). Pub. L. 113–66, § 562(b)(2), substituted lantry in action that does not warrant a medal ‘‘three years’’ for ‘‘two years’’. of honor or Air Force cross— 1960—Pub. L. 86–593 substituted ‘‘Air Force cross’’ for (1) while engaged in an action against an ‘‘distinguished-service cross’’ in section catchline and wherever appearing in subsecs. (a) to (d). enemy of the United States; Subsec. (b). Pub. L. 86–582, § 1(3)(A), substituted ‘‘Ex- (2) while engaged in military operations in- cept as provided in subsection (d), no’’ for ‘‘No’’. volving conflict with an opposing foreign Subsec. (d). Pub. L. 86–582, § 1(3)(B), added subsec. (d). force; or (3) while serving with friendly foreign forces EFFECTIVE DATE OF 2018 AMENDMENT engaged in an armed conflict against an oppos- Amendment by Pub. L. 115–232 effective Feb. 1, 2019, ing armed force in which the United States is with provision for the coordination of amendments and not a belligerent party. special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8746; Pub. 3001 of this title. L. 88–77, § 3(3), July 25, 1963, 77 Stat. 95; renum-

PERSONS AWARDED DISTINGUISHED-SERVICE CROSS OR bered § 9276, Pub. L. 115–232, div. A, title VIII, SOLDIER’S MEDAL BEFORE JULY 6, 1960 § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.) Pub. L. 86–593, § 2, July 6, 1960, 74 Stat. 332, as amend- HISTORICAL AND REVISION NOTES ed by Pub. L. 115–232, div. A, title VIII, § 809(b)(12), Aug. 13, 2018, 132 Stat. 1841, provided that: ‘‘For the purposes Revised section Source (U.S. Code) Source (Statutes at Large) of sections 9274(a) and 9280(b) of title 10, United States Code, a person who was awarded a distinguished-service 8746 ...... 10:1412. July 9, 1918, ch. 143 cross or Soldier’s Medal before the date of enactment of (words after 2d semicolon of 12th par. this Act [July 6, 1960] shall be treated as if he had not under ‘‘Ordnance De- been awarded an Air Force cross or Airman’s Medal, as partment’’); restated the case may be.’’ Jan. 24, 1920, ch. 55, § 1 (last sentence); restated Dec. 15, 1942, ch. § 9275. Medal of honor; Air Force cross; distin- 736, 56 Stat. 1052. guished-service medal: delegation of power to award The words ‘‘may award’’ are inserted to conform to other sections of this chapter. The words ‘‘if the person The President may delegate his authority to earned’’ are inserted for clarity. The words ‘‘com- award the medal of honor, Air Force cross, and manded by’’ are omitted as surplusage. distinguished-service medal, to a commanding AMENDMENTS general of a separate air force or higher unit in the field. 2018—Pub. L. 115–232 renumbered section 8746 of this title as this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8745; Pub. 1963—Pub. L. 88–77 substituted provisions permitting L. 86–593, § 1(3), July 6, 1960, 74 Stat. 332; renum- the issuance of a silver star for gallantry while engaged Page 2763 TITLE 10—ARMED FORCES § 9279 in an action against an enemy of the United States, necessary to provide medals and devices under while engaged in military operations involving conflict sections 9271, 9272, 9273, 9274, 9276, 9277, and 9282 with an opposing foreign force, or while serving with of this title. friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8748; Pub. States is not a belligerent party, and requiring it to be L. 86–593, § 1(5), July 6, 1960, 74 Stat. 332; renum- of appropriate design, for provisions which authorized bered § 9278 and amended Pub. L. 115–232, div. A, the issuance of the silver star for gallantry in action title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 and which required that the silver star be three-six- Stat. 1833, 1840.) teenths of an inch in diameter, the citation thereof be published in orders issued from the headquarters of a HISTORICAL AND REVISION NOTES force that is the appropriate command of a general offi- cer, and that it be worn as directed by the President. Revised section Source (U.S. Code) Source (Statutes at Large) EFFECTIVE DATE OF 2018 AMENDMENT 8748 ...... 10:1424. July 9, 1918, ch. 143 (13th Amendment by Pub. L. 115–232 effective Feb. 1, 2019, par. under ‘‘Ordnance with provision for the coordination of amendments and Department’’), 40 Stat. 871. special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section The word ‘‘amounts’’ is substituted for the words ‘‘so 3001 of this title. much as may be’’. The word ‘‘provides’’ is substituted § 9277. Medal of honor; Air Force cross; distin- for the words ‘‘defray the cost of’’. The words ‘‘medals and devices under’’ are substituted for the words ‘‘med- guished-service cross; distinguished-service als of honor, distinguished-service crosses, distin- medal; silver star: replacement guished-service medals, bars, rosettes, and other de- Any medal of honor, Air Force cross, distin- vices provided for in’’. The words ‘‘from time to time’’ are omitted as surplusage. guished-service cross, distinguished-service medal, or silver star, or any bar, ribbon, rosette, AMENDMENTS or other device issued for wear with or in place 2018—Pub. L. 115–232 renumbered section 8748 of this of any of them, that is stolen, lost, or destroyed, title as this section and substituted ‘‘sections 9271, 9272, or becomes unfit for use, without fault or ne- 9273, 9274, 9276, 9277, and 9282’’ for ‘‘sections 8741, 8742, glect of the person to whom it was awarded, 8743, 8744, 8746, 8747, and 8752’’. shall be replaced without charge. 1960—Pub. L. 86–593 inserted ‘‘Air Force cross’’ in section catchline. (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8747; Pub. EFFECTIVE DATE OF 2018 AMENDMENT L. 86–593, § 1(4), July 6, 1960, 74 Stat. 332; Pub. L. 107–107, div. A, title V, § 553(c)(2), Dec. 28, 2001, Amendment by Pub. L. 115–232 effective Feb. 1, 2019, 115 Stat. 1116; renumbered § 9277, Pub. L. 115–232, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 of Pub. L. 115–232, set out as a note preceding section Stat. 1833.) 3001 of this title. HISTORICAL AND REVISION NOTES § 9279. Distinguished flying cross: award; limita- Revised tions section Source (U.S. Code) Source (Statutes at Large) (a) The President may award a distinguished 8747 ...... 10:1416. July 9, 1918, ch. 143 (14th flying cross of appropriate design with accom- par. under ‘‘Ordnance Department’’), 40 Stat. panying ribbon to any person who, while serving 871. in any capacity with the Air Force, distin- guishes himself by heroism or extraordinary The words ‘‘issued for wear with or in place of any of achievement while participating in an aerial them’’ are inserted for clarity. The words ‘‘presented under the provisions of this title’’ and ‘‘such medal, flight. cross, bar, ribbon, rosette, or device’’ are omitted as (b) Not more than one distinguished flying surplusage. cross may be awarded to a person. However, for each succeeding act that would otherwise justify AMENDMENTS the award of such a cross, the President may 2018—Pub. L. 115–232 renumbered section 8747 of this award a suitable bar or other device to be worn title as this section. as he directs. 2001—Pub. L. 107–107 substituted ‘‘stolen, lost,’’ for (c) No distinguished flying cross, or device in ‘‘lost’’. place thereof, may be awarded or presented to a 1960—Pub. L. 86–593 inserted ‘‘Air Force cross’’ in sec- person whose service after he distinguished him- tion catchline and in text. self has not been honorable. EFFECTIVE DATE OF 2018 AMENDMENT (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8749; re- Amendment by Pub. L. 115–232 effective Feb. 1, 2019, numbered § 9279, Pub. L. 115–232, div. A, title with provision for the coordination of amendments and VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.) special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section HISTORICAL AND REVISION NOTES 3001 of this title. Revised Source (U.S. Code) Source (Statutes at Large) § 9278. Medal of honor; Air Force cross; distin- section guished-service cross; distinguished-service 8749(a) ..... 10:1429 (less 2d and last July 2, 1926, ch. 721, § 12 medal; silver star: availability of appropria- sentences). (less 1st 49 words of 8749(b) ..... 10:1429 (2d sentence). last sentence), 44 Stat. tions 8749(c) ..... 10:1429 (last sentence, 789; July 30, 1937, ch. less 1st 49 words). 545, § 4, 50 Stat. 549. The Secretary of the Air Force may spend, from any appropriation for contingent expenses In subsection (a), the words ‘‘under such rules and of the Department of the Air Force, amounts regulations as he may prescribe’’ are omitted, since the