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Page 968 TITLE 10—ARMED FORCES § 1125 §1125 § 1125 TITLE 10—ARMED FORCES Page 968 TRANSFER OF FUNCTIONS (Added Pub. L. 89–529, § 1(1), Aug. 11, 1966, 80 For transfer of functions of Public Health Service, Stat. 339.) see note set out under section 802 of this title. EX. ORD. NO. 11545. DEFENSE DISTINGUISHED SERVICE EX. ORD. NO. 11438. PROCEDURES GOVERNING MEDAL INTERDEPARTMENTAL CASH AWARDS Ex. Ord. 11545, July 9, 1970, 35 F.R. 11161, provided: Ex. Ord. No. 11438, Dec. 3, 1968, 33 F.R. 18085, as By virtue of the authority vested in me as President amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. of the United States and as Commander in Chief of the 1055; Ex. Ord. No. 13286, § 63, Feb. 28, 2003, 68 F.R. 10629, Armed Forces of the United States, it is ordered as fol- provided: lows: By virtue of the authority vested in me by section SECTION 1. There is hereby established a Defense Dis- 1124(b) and (e) of title 10, United States Code, and sec- tinguished Service Medal, with accompanying ribbons tion 301 of title 3, United States Code, and as President and appurtenances, for award by the Secretary of De- of the United States, it is ordered as follows: fense to a military officer who performed exceptionally SECTION 1. Any suggestion, invention, or scientific meritorious service in a duty of great responsibility achievement by a member of the armed forces that con- with the Office of the Secretary of Defense, the Organi- tributes to the efficiency, economy, or other improve- zation of the Joint Chiefs of Staff, a specified or unified ment of operations of the Government of the United command, a Defense agency, or such other joint activ- States through its adoption or use by an executive de- ity as may be designated by the Secretary of Defense. partment or agency other than the executive depart- SEC. 2. The Defense Distinguished Service Medal and ment having jurisdiction over the armed force of the appurtenances thereto shall be of appropriate design member concerned may be the basis for honorary rec- approved by the Secretary of Defense and shall be ognition or a cash award by the Secretary of Homeland awarded under such regulations as he shall prescribe. Security in the case of a member of the Coast Guard These regulations shall place the Defense Distinguished when it is not operating as a service in the Navy or by Service Medal in an order of precedence after the Med- the Secretary of Defense in the case of any other mem- als of Honor and the Distinguished Service Crosses of ber of the armed forces. the Armed Forces and before the Distinguished Service SEC. 2. An executive department or agency that Medals of the Armed Forces. adopts or uses the suggestion, invention, or scientific SEC. 3. No more than one Defense Distinguished Serv- achievement of a member of the armed forces who is ice Medal shall be awarded to any one person, but for not under its jurisdiction may recommend to the De- each succeeding exceptionally meritorious period of partment of Defense or to the Department of Homeland service justifying such an award, a suitable device may Security, as appropriate, a cash award or honorary rec- be awarded to be worn with that Medal as prescribed by ognition of the member and shall justify its recom- appropriate regulations of the Department of Defense. mendation with appropriate documentation and expla- SEC. 4. The Defense Distinguished Service Medal or nation of how the suggestion, invention, or scientific device may be awarded posthumously and, when so achievement contributes to the efficiency, economy, or awarded, may be presented to such representative of other improvement of the operations of the Govern- the deceased as may be deemed appropriate by the Sec- ment of the United States. Awards shall be made under retary of Defense. regulations to be prescribed by the Secretary of De- RICHARD NIXON. fense or the Secretary of Homeland Security, as appro- priate. The regulations of the Department of Defense § 1126. Gold star lapel button: eligibility and dis- and Department of Homeland Security may include tribution designations of officials to whom authority for receiv- (a) A lapel button, to be known as the gold ing, evaluating, and making awards may be assigned. SEC. 3. No cash awards hereunder for a single sugges- star lapel button, shall be designed, as approved tion, invention, or scientific achievement may exceed by the Secretary of Defense, to identify widows, $25,000 regardless of the number of agencies or depart- parents, and next of kin of members of the ments which may adopt or use the suggestion, inven- armed forces— tion, or scientific achievement. (1) who lost their lives during World War I, SEC. 4. Funds to cover the costs of cash awards to World War II, or during any subsequent period members of the armed forces shall be transferred from of armed hostilities in which the United the account of any executive department or agency which recommends the award to the appropriate ac- States was engaged before July 1, 1958; count of the Department of Homeland Security or the (2) who lost or lose their lives after June 30, Department of Defense, as the case may be. When sev- 1958— eral executive departments or agencies benefit from (A) while engaged in an action against an the adoption or use of the suggestion, invention, or sci- enemy of the United States; entific achievement, the amount transferred from each (B) while engaged in military operations such benefiting department or agency to the Depart- involving conflict with an opposing foreign ment of Homeland Security or the Department of De- force; or fense to cover the proportionate share of the cost of the (C) while serving with friendly foreign cash award shall be determined under procedures pre- forces engaged in an armed conflict in which scribed by the Office of Personnel Management in ac- the United States is not a belligerent party cordance with the same guidelines and standards apply- ing to awards to civilian employees. against an opposing armed force; or (3) who lost or lose their lives after March § 1125. Recognition for accomplishments: award 28, 1973, as a result of— of trophies (A) an international terrorist attack The Secretary of Defense may— against the United States or a foreign nation (1) award medals, trophies, badges, and simi- friendly to the United States, recognized as lar devices to members, units, or agencies of such an attack by the Secretary of Defense; an armed force under his jurisdiction for ex- or cellence in accomplishments or competitions (B) military operations while serving out- related to that armed force; and side the United States (including the com- (2) provide badges or buttons in recognition monwealths, territories, and possessions of of special service, good conduct, and discharge the United States) as part of a peacekeeping under conditions other than dishonorable. force. Page 969 TITLE 10—ARMED FORCES § 1128 (b) Under regulations to be prescribed by the the Purple Heart a position of precedence, in re- Secretary of Defense, the Secretary concerned, lation to other awards and decorations author- upon application to him, shall furnish one gold ized to be displayed, not lower than that imme- star lapel button without cost to the widow and diately following the bronze star. to each parent and next of kin of a member who (Added Pub. L. 98–525, title V, § 553(a), Oct. 19, lost or loses his or her life under any circum- 1984, 98 Stat. 2532; amended Pub. L. 99–145, title stances prescribed in subsection (a). V, § 533, Nov. 8, 1985, 99 Stat. 634.) (c) Not more than one gold star lapel button may be furnished to any one individual except AMENDMENTS that, when a gold star lapel button furnished 1985—Pub. L. 99–145 substituted ‘‘the bronze star’’ for under this section has been lost, destroyed, or ‘‘the lowest position accorded any award or decoration rendered unfit for use without fault or neglect for valor’’. on the part of the person to whom it was fur- § 1128. Prisoner-of-war medal: issue nished, the button may be replaced upon appli- cation and payment of an amount sufficient to (a) The Secretary concerned shall issue a pris- cover the cost of manufacture and distribution. oner-of-war medal to any person who, while (d) In this section: serving in any capacity with the armed forces, (1) The term ‘‘widow’’ includes widower. was taken prisoner and held captive— (2) The term ‘‘parents’’ includes mother, fa- (1) while engaged in an action against an ther, stepmother, stepfather, mother through enemy of the United States; adoption, father through adoption, and foster (2) while engaged in military operations in- parents who stood in loco parentis. volving conflict with an opposing foreign (3) The term ‘‘next of kin’’ includes only force; or children, brothers, sisters, half brothers, and (3) while serving with friendly forces en- half sisters. gaged in an armed conflict against an oppos- (4) The term ‘‘children’’ includes step- ing armed force in which the United States is children and children through adoption. not a belligerent party. (5) The term ‘‘World War I’’ includes the pe- (b) Under uniform regulations prescribed by riod from April 6, 1917, to March 3, 1921. the Secretary of Defense, the Secretary con- (6) The term ‘‘World War II’’ includes the pe- cerned may issue a prisoner-of-war medal to any riod from September 8, 1939, to July 25, 1947, at person who, while serving in any capacity with 12 o’clock noon. the armed forces, was held captive under cir- (7) The term ‘‘military operations’’ includes cumstances not covered by paragraph (1), (2), or those operations involving members of the (3) of subsection (a), but which the Secretary armed forces assisting in United States Gov- concerned finds were comparable to those cir- ernment sponsored training of military per- cumstances under which persons have generally sonnel of a foreign nation.
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