Executive Office of the President ("EOP"). The Certificate shall not be issued to any member who is issued a Vice Presidential Certificate, or similar EOP Certificate, for the same period of service. Such assignment must be for a period of at least one year, subsequent to January 21, 1989. SEC. 2. Presidential Service Badge. The Presidential Service Badge ("Badge") is hereby continued, the design of which accompanies and is hereby made a part of this order. The Badge shall be awarded to those members of the Armed Forces who have been granted the Certificate and shall be awarded in the same manner in which the Certificate has been given. The Badge shall be worn as a part of the uniform of those individuals under such regulations as their respective Secretaries may severally prescribe. SEC. 3. Only one Certificate may be awarded to an individual. SEC. 4. The Certificate and the Badge may be granted posthumously. SEC. 5. This order shall supersede Executive Order No. 10879 of June 1, 1960, as amended. GEORGE BUSH. Ex. ORD. No. 12830. MILITARY OUtstanding VOLUNTEER SERVICE MEDAL Ex. Ord. No. 12830, Jan. 9, 1993, 58 F.R. 4061, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and as Commander in Chief of the Armed Forces, it is hereby ordered as follows: SECTION 1. There is hereby established a Military Outstanding Volunteer Service Medal, with accompanying ribbons and appurtenances, for award by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Transportation. Members of the Armed Forces of the United States (including Reserve components) who perform outstanding volunteer service to the civilian community of a sustained, direct, and consequential nature are eligible for the medal. SEC. 2. The Military Outstanding Volunteer Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense. The Secretary of Defense shall prescribe regulations to govern the award and wear of the Military Outstanding Volunteer Service Medal. The regulations shall place the Military Outstanding Volunteer Service Medal in order of precedence immediately after the Humanitarian Service Medal. SEC. 3. No more than one award of the Military Outstanding Volunteer Service Medal may be made to any one person, but for each subsequent act justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations issued by the Secretary of Defense. SEC. 4. The Military Outstanding Volunteer Service Medal may be awarded posthumously, and when so awarded, may be presented to such representatives of the deceased as may be deemed appropriate by the Secretary of Defense or, in the case of a member of the Coast Guard when it is not operating as a service in the Navy, the Secretary of Transportation. § 1122. Medal for Merit: award The President, under regulations to be prescribed by him, may award a decoration called the "Medal for Merit", having distinctive appurtenances and devices and only one degree, to any civilian of any nation prosecuting the war in existence on July 20, 1942, under the joint declaration of the United Nations, as then constituted, or of any other friendly foreign nation, who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. The Medal for Merit may be awarded to a civilian of a foreign nation but only for performing an exceptionally meritorious or courageous act in the furtherance of the war efforts of the United Nations as then constituted. (Aug. 10, 1956, ch. 1041, 70A Stat. 88.) The words "in existence on July 20, 1942" are inserted for clarity and refer to the war in existence on the date of enactment of the source statute. The words "as then constituted" are inserted for clarity, since the United Nations organization in existence on July 20, 1942, was not the present United Nations organization. The words "There is created", "rules and", and "the proclamation of an emergency by the President on" are omitted as surplusage. Ex. ORD. No. 9637. MEDAL FOR MERIT Ex. Ord. No. 9637, Oct. 3, 1945, 10 F.R. 12543, as amended by Ex. Ord. No. 9857A, May 27, 1947, 12 F.R. 3583, provided: 1. The decoration of the Medal for Merit shall be awarded only by the President of the United States or at his direction. Awards of the Medal for Merit may be made to such civilians of the nations prosecuting the war under the joint declaration of the United Nations and of other friendly foreign nations as have distin guished themselves by exceptionally meritorious conduct in the performance of outstanding services since the proclamation of an emergency by the President on September 8, 1939. Awards of the Medal for Merit made to civilians of foreign nations shall be for the performance of an exceptionally meritorious or coura- 2. There is hereby established the Medal for Merit 3. The Medal for Merit Board shall receive and consider proposals for the award of the decoration of the Medal for Merit and submit to the President the recommendations of the Board with respect thereto. In the case of proposed awards to civilians of foreign nations, such recommendations shall include the recommendations of the Secretary of State. 4. The Medal for Merit Board is authorized to prescribe, with the approval of the President, such rules and regulations not inconsistent with the provisions of this order as may be necessary to accomplish its purposes. 5. Executive Order 9331 of April 19, 1943 and the Medal for Merit Board created thereby, are superseded by this order. 6. The Medal for Merit shall not be awarded for any services relating to the prosecution of World War II performed subsequent to the cessation of hostilities, as proclaimed by Proclamation No. 2714 of December 31, 1946, and no proposal for an award for such services submitted after June 30, 1947, shall be considered by the Medal for Merit Board. § 1123. Right to wear badges of military societies (a) A member of the Army, Navy, Air Force, or Marine Corps who is a member of a military society originally composed of men who served in an armed force of the United States during the Revolutionary War, the War of 1812, the Mexican War, the Civil War, the SpanishAmerican War, the Philippine Insurrection, or the Chinese Relief Expedition of 1900 may wear, on occasions of ceremony, the distinctive badges adopted by that society. (b) A member of the Army, Navy, Air Force, or Marine Corps who is a member of the Army and Navy Union of the United States may wear, on public occasions of ceremony, the distinctive badges adopted by that society. (Aug. 10, 1956, ch. 1041, 70A Stat. 88.) HISTORICAL AND REVISION NOTES In subsection (a), the words "an armed force" are substituted for the words "armies and navies". The words "Revolutionary War", "Civil War", and "Philippine Insurrection" are substituted for the words "War of the Revolution", "War of the Rebellion", and "incident insurrection in the Philippines", respectively, to reflect present terminology. The words "originally composed" are substituted for the words "in their own right", to reflect an opinion of the Attorney General (see 23 Op. Atty. Gen. 454). In subsections (a) and (b), the word "member" is substituted for the words "officers and enlisted men". The words "Navy or Marine Corps" are substituted for the word "Navy", since the word "Navy" in the source statute has, by long-standing administrative interpretation, been construed to include the Marine Corps. In subsection (b), the words "in their own right" are omitted as surplusage. § 1124. Cash awards for disclosures, suggestions, inventions, and scientific achievements (a) The Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces under his jurisdiction who by his disclosure, suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of operations or programs relating to the armed forces. (b) Whenever the President considers it desirable, the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, are authorized to pay a cash award to, and incur necessary expense for the honorary recognition of, a member of the armed forces who by his disclosure, suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of operations of the Government of the United States. Such award is in addition to any other award made to that member under subsection (a). (c) An award under this section may be paid notwithstanding the member's death, separation, or retirement from the armed force concerned. However, the disclosure, suggestion, invention, or scientific achievement forming the basis for the award must have been made while the member was on active duty or in an active reserve status and not otherwise eligible for an award under chapter 45 of title 5. (d) A cash award under this section is in addition to the pay and allowances of the recipient. The acceptance of such an award shall constitute (1) an agreement by the member that the use by the United States of any idea, method, or device for which the award is made may not be the basis of a claim against the United States by the member, his heirs, or assigns, or by any person whose claim is alleged to be derived through the member; and (2) a warranty by the member that he has not at the time of acceptance transferred, assigned, or otherwise divested himself of legal or equitable title in any property right residing in the idea, method, or device for which the award is made. (e) Awards to, and expenses for the honorary recognition of, members of the armed forces under this section may be paid from (1) the funds or appropriations available to the activity primarily benefiting; or (2) the several funds or appropriations of the various activities benefiting, as may be determined by the President for awards under subsection (b), and by the Secretary concerned for awards under subsection (a). (f) The total amount of the award, or awards, made under this section for a disclosure, sug gestion, invention, or scientific achievement may not exceed $25,000, regardless of the number of persons who may be entitled to share therein. (g) Awards under this section shall be made under regulations to be prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. (h) For the purposes of this section, a member of the Commissioned Corps of the National Oceanic and Atmospheric Administration or of the Public Health Service who is serving with an armed force shall be treated as if he were a member of that armed force. (Added Pub. L. 89-198, § 1(1), Sept. 22, 1965, 79 Stat. 830; amended Pub. L. 89-718, § 10, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90-623, § 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-470, title I, § 112(c), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96-513, title V, § 511(40), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 96-527, title VII, § 772, Dec. 15, 1980, 94 Stat. 3093; Pub. L. 99-145, title XII, § 1225(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 730.) CODIFICATION Another section 1124 was renumbered 1126 of this title. AMENDMENTS 1985-Pub. L. 99-145 inserted "disclosures," and substituted "and" for "or" in section catchline, and inserted "disclosure," before "suggestion" in subsecs. (a), (b), (c), and (f). 1980-Subsec. (c). Pub. L. 96-527 authorized payment of awards to retired members of the armed forces, required the basis for awards to have been made when in an active reserve status, and required the member to be ineligible for incentive award under chapter 45 of title 5. Subsec. (g). Pub. L. 96-470 struck out provision requiring the Secretary of Defense and the Secretary of Transportation to annually report to the President, for transmittal to Congress, on progress of the awards program. Subsec. (h). Pub. L. 96-513 substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration". 1968-Subsecs. (a), (b), (g). Pub. L. 90-623 substituted "Secretary of Transportation" for "Secretary of the Treasury". 1966-Subsec. (g). Pub. L. 89-718 "progress report" for "program report". substituted EFFECTIVE DATE OF 1985 AMENDMENT Section 1225(a)(3) of Pub. L. 99-145 provided that: "The amendments made by this subsection [amending this section] shall take effect on October 1, 1985." EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of Title 5, Government Organization and Employees. TRANSFER OF FUNCTIONS For transfer of functions of Public Health Service, see note set out under section 802 of this title. Ex. ORD. No. 11438. PROCEDURES GOVERNING Ex. Ord. No. 11438, Dec. 3, 1968, 33 F.R. 18085, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 1124(b) and (e) of title 10, United States Code, and section 301 of title 3, United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Any suggestion, invention, or scientific achievement by a member of the armed forces that contributes to the efficiency, economy, or other improvement of operations of the Government of the United States through its adoption or use by an execu tive department or agency other than the executive department having jurisdiction over the armed force of the member concerned may be the basis for honor. ary recognition or a cash award by the Secretary of Transportation in the case of a member of the Coast Guard when it is not operating as a service in the Navy or by the Secretary of Defense in the case of any other member of the armed forces. SEC. 2. An executive department or agency that adopts or uses the suggestion, invention, or scientific achievement of a member of the armed forces who is not under its jurisdiction may recommend to the Department of Defense or to the Department of Transportation, as appropriate, a cash award or honorary recognition of the member and shall justify its recommendation with appropriate documentation and expla nation of how the suggestion, invention, or scientific achievement contributes to the efficiency, economy, or other improvement of the operations of the Government of the United States. Awards shall be made under regulations to be prescribed by the Secretary of Defense or the Secretary of Transportation, as appropriate. The regulations of the Department of Defense and Department of Transportation may include desig nations of officials to whom authority for receiving, evaluating, and making awards may be assigned. SEC. 3. No cash awards hereunder for a single sugges. tion, invention, or scientific achievement may exceed $25,000 regardless of the number of agencies or departments which may adopt or use the suggestion, invention, or scientific achievement. SEC. 4. Funds to cover the costs of cash awards to members of the armed forces shall be transferred from the account of any executive department or agency which recommends the award to the appropri ate account of the Department of Transportation or the Department of Defense, as the case may be. When several executive departments or agencies benefit from the adoption or use of the suggestion, invention, or scientific achievement, the amount transferred from each such benefiting department or agency to the Department of Transportation or the Department of Defense to cover the proportionate share of the cost of the cash award shall be determined under procedures prescribed by the Office of Personnel Manage ment in accordance with the same guidelines and standards applying to awards to civilian employees. CROSS REFERENCES Payment of cash awards by agency heads to employ ees, see section 4503 of Title 5, Government Organization and Employees. Presidential cash awards to employees, see section 4504 of Title 5. SECTION REFERRED TO IN Other Sections This section is referred to in title 42 section 213a. § 1125. Recognition for accomplishments: award of trophies The Secretary of Defense may (1) award medals, trophies, badges, and similar devices to members, units, or agencies of an armed force under his jurisdiction for excellence in accomplishments or competitions related to that armed force; and (2) provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable. (Added Pub. L. 89-529, § 1(1), Aug. 11, 1966, 80 Ex. ORD. NO. 11545. Defense Distinguished SERVICE Ex. Ord. 11545, July 9, 1970, 35 F.R. 11161, provided: By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is ordered as follows: SECTION 1. There is hereby established a Defense Distinguished Service Medal, with accompanying ribbons and appurtenances, for award by the Secretary of Defense to a military officer who performed exceptionally meritorious service in a duty of great responsibility with the Office of the Secretary of Defense, the Organization of the Joint Chiefs of Staff, a specified or unified command, a Defense agency, or such other joint activity as may be designated by the Secretary of Defense. SEC. 2. The Defense Distinguished Service Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and shall be awarded under such regulations as he shall prescribe. These regulations shall place the Defense Distinguished Service Medal in an order of precedence after the Medals of Honor and the Distinguished Service Crosses of the Armed Forces and before the Distinguished Service Medals of the Armed Forces. SEC. 3. No more than one Defense Distinguished Service Medal shall be awarded to any one person, but for each succeeding exceptionally meritorious period of service justifying such an award, a suitable device may be awarded to be worn with that Medal as prescribed by appropriate regulations of the Department of Defense. SEC. 4. The Defense Distinguished Service Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Secretary of Defense. RICHARD NIXON. § 1126. Gold star lapel button: eligibility and distribution (a) A lapel button, to be known as the gold star lapel button, shall be designed, as approved by the Secretary of Defense, to identify widows, parents, and next of kin of members of the armed forces (1) who lost their lives during World War I, World War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958; (2) who lost or lose their lives after June 30, 1958 (A) while engaged in an action against an enemy of the United States; (B) while engaged in military operations involving conflict with an opposing foreign force; or (C) while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or (3) who lost or lose their lives after March 28, 1973, as a result of— (A) an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of Defense; or (B) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force. (b) Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned, upon application to him, shall furnish one gold star lapel button without cost to the widow and to each parent and next of kin of a member who lost or loses his or her life under any circumstances prescribed in subsection (a). (c) Not more than one gold star lapel button may be furnished to any one individual except that, when a gold star lapel button furnished under this section has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was furnished, the button may be replaced upon application and payment of an amount sufficient to cover the cost of manufacture and distribution. (d) In this section: (1) The term "widow" includes widower. (2) The term "parents" includes mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis. (3) The term "next of kin" includes only children, brothers, sisters, half brothers, and half sisters. (4) The term "children" includes stepchildren and children through adoption. (5) The term "World War I" includes the period from April 6, 1917, to March 3, 1921. (6) The term "World War II" includes the period from September 8, 1939, to July 25, 1947, at 12 o'clock noon. (7) The term "military operations" includes those operations involving members of the armed forces assisting in United States Government sponsored training of military personnel of a foreign nation. (8) The term “peacekeeping force” includes those personnel assigned to a force engaged in a peacekeeping operation authorized by the United Nations Security Council. (Added Pub. L. 89-534, § 1(1), Aug. 11, 1966, 80 Stat. 345, § 1124; renumbered § 1126, Pub. L. 89-718, § 9, Nov. 2, 1966, 80 Stat. 1117; amended Pub. L. 98-94, title XII, § 1268(8), Sept. 24, 1983, 97 Stat. 706; Pub. L. 100-26, § 7(k)(5), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103-160, div. A, title XI, § 1143, Nov. 30, 1993, 107 Stat. 1757.) AMENDMENTS 1993-Subsec. (a). Pub. L. 103-160, § 1143(a), struck out "of the United States” after “armed forces" in introductory provisions, redesignated cls. (i) to (iii) of par. (2) as subpars. (A) to (C), respectively, and added par. (3). Subsec. (d)(7), (8). Pub. L. 103-160, § 1143(b), added pars. (7) and (8). 1987-Subsec. (d). Pub. L. 100-26 substituted colon for dash at end of introductory provisions, inserted "The term" in each par., and substituted periods for 85-003 O-95 25: QL3 semicolons in pars. (1) to (4) and period for "; and" in par. (5). 1983-Subsec. (a)(1). Pub. L. 98-94 substituted "who" for "Who". § 1127. Precedence of the award of the Purple Heart In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary of the military department concerned shall accord the Purple Heart a position of precedence, in relation to other awards and decorations authorized to be displayed, not lower than that immediately following the bronze star. (Added Pub. L. 98-525, title V, § 553(a), Oct. 19, 1984, 98 Stat. 2532; amended Pub. L. 99-145, title V, § 533, Nov. 8, 1985, 99 Stat. 634.) AMENDMENTS 1985-Pub. L. 99-145 substituted "the bronze star" for "the lowest position accorded any award or decoration for valor". § 1128. Prisoner-of-war medal: issue (a) The Secretary concerned shall issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was taken prisoner and held captive (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; (3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or (4) by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict. (b) The prisoner-of-war medal shall be of appropriate design, with ribbons and appurte nances. (c) In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary concerned shall accord the prisoner-of-war medal a position of precedence, in relation to other awards and decorations authorized to be displayed (1) immediately following decorations awarded for individual heroism, meritorious achievement, or meritorious service, and (2) before any other service medal, campaign medal, or service ribbon authorized to be displayed. (d) Not more than one prisoner-of-war medal may be issued to a person. However, for each succeeding service that would otherwise justify the issuance of such a medal, the Secretary concerned may issue a suitable device to be worn as the Secretary determines. (e) For a person to be eligible for issuance of a prisoner-of-war medal, the person's conduct must have been honorable for the period of captivity which serves as the basis for the issu ance. (f) If a person dies before the issuance of a prisoner-of-war medal to which he is entitled, the medal may be issued to the person's representative, as designated by the Secretary concerned. (g) Under regulations to be prescribed by the Secretary concerned, a prisoner-of-war medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. (h) The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uniform so far as practicable. (Added Pub. L. 99-145, title V, § 532(a)(1), Nov. 8, 1985, 99 Stat. 633; amended Pub. L. 101-189, div. A, title V, § 516(a), Nov. 29, 1989, 103 Stat. 1441.) AMENDMENTS 1989-Subsec. (a)(4). Pub. L. 101-189 added par. (4). EFFECTIVE DATE OF 1989 AMENDMENT Section 516(b) of Pub. L. 101-189 provided that: "Paragraph (4) of section 1128(a) of title 10, United States Code, as added by subsection (a), applies with respect to periods of captivity after April 5, 1917." EFFECTIVE DATE Section 532(b) of Pub. L. 99-145 provided that: "Section 1128 of title 10, United States Code, as added by subsection (a), applies with respect to any person taken prisoner and held captive after April 5, 1917." § 1129. Purple Heart: members killed or wounded in action by friendly fire (a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the member. (c) This section applies to members of the armed forces who are killed or wounded on or after December 7, 1941. In the case of a member killed or wounded as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this sec tion, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires. (Added Pub. L. 103-160, div. A, title XI, § 1141(a), Nov. 30, 1993, 107 Stat. 1756.) |