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Title 10 — Armed Forces

Part II · Chapter 57 — Decorations and Awards

§ 1124. Cash awards for disclosures, suggestions, inventions, and scientific achievements

Statutory text

(a)

The Secretary of Defense, or the Secretary of Homeland Security 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 Homeland Security 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, suggestion, 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 Homeland Security 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–198 § 1(1) · 79 Stat. 830

    Enacted · 10 U.S.C. § 1124

    Added Pub. L. 89–198, § 1(1), Sept. 22, 1965, 79 Stat. 830

    Source evidence

    Code source credit
    Added Pub. L. 89–198, § 1(1), Sept. 22, 1965, 79 Stat. 830

    Enacted provision · exact public law section
    (1) by adding the following new section at the end thereof: “§ 1124. Cash awards for suggestions, inventions, or scientific achievements “(a) The Secretary of Defense, or the Secretary of the Treasury 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 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 the Treasury with respect to the Coast Guard when it is not operating as a service hi 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 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 or separation from the armed force concerned, but only if the suggestion, invention, or scientific achievement forming the basis for the award was made while he was on active duty. “(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 suggestion, 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 the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy. The Secretary Program report to President and Congress. of Defense and the Secretary of the Treasury shall send to the President annually for transmittal to Congress a program report, with appropriate recommendations, on the awards program. “(h) For the purposes of this section, a member of the Commissioned Eligibility. Post, p. 1316. Corps of the Environmental Science Services 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.”; and

  2. Pub. L. 89–718 § 10 · 80 Stat. 1113

    Substituted · 10 U.S.C. § 1124(g)

    Pub. L. 89–718 substituted “progress report” for “program report”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 89–718 substituted “progress report” for “program report”.

    Enacted provision · exact public law section
    Sec. 10. Section 1124(g) of title 10, United States Code, is amended 79 Stat. 830. by striking out “program report” in the last sentence and inserting in place thereof “progress report”.

  3. Pub. L. 90–623 § 2(1) · 82 Stat. 1312

    Substituted · 10 U.S.C. § 1124(a); 10 U.S.C. § 1124(b); 10 U.S.C. § 1124(g)

    Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”

    Source evidence

    Code amendment note
    Subsecs. (a), (b), (g). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.

    Enacted provision · exact public law section
    (1) In sections 101(8)(D) and 1124 (a), (b), and (g) strike out “the Treasury” wherever it appears and insert “Transportation” in place thereof.

  4. Congressional Reports Elimination Act of 1980

    Pub. L. 96–470 title I § 112(c) · 94 Stat. 2237

    Struck · 10 U.S.C. § 1124(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (c) Section 1124(g) of title 10, United States Code, is amended by striking out the second sentence thereof.

  5. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 511(40) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 1124(h)

    Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

    Enacted provision · exact public law section
    (40) Section 1124(h) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”.

  6. Pub. L. 96–527 title VII § 772 · 94 Stat. 3068

    Changed · 10 U.S.C. § 1124(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 772. Subsection (c) of section 1124 of title 10, United States Cash awards. Code, is amended to read as follows: (c) An award under this section may be paid notwithstanding the member’s death, separation, or retirement from the armed force concerned. However, the 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 5 USC 4501 et seq. otherwise eligible for an award under chapter 45 of title 5.”.

  7. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title XII § 1225(a)(1) · 99 Stat. 583

    1. Inserted · 10 U.S.C. § 1124

      Pub. L. 99–145 inserted “disclosures,”

    2. Substituted · 10 U.S.C. § 1124

      Pub. L. 99–145 substituted “and” for “or” in section catchline

    3. Inserted · 10 U.S.C. § 1124

      Pub. L. 99–145 inserted “disclosure,” before “suggestion” in subsecs. (a), (b), (c), and (f)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) Section 1124 of title 10, United States Code, is amended by inserting “disclosure,” in subsections (a), (b), (c), and (f) before “suggestion”.

  8. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 1124(a); 10 U.S.C. § 1124(b); 10 U.S.C. § 1124(g)

    Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”

    Source evidence

    Code amendment note
    Subsecs. (a), (b), (g). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

10 of 10 references resolved to an enrolled provision

Editorial Notes

Codification

Another section 1124 was renumbered 1126 of this title.

Amendments1966–2002 · 5 rounds

2002

Subsecs. (a), (b), (g). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

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 substituted “progress report” for “program report”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1985 Amendment

Pub. L. 99–145, title XII, § 1225(a)(3), , 99 Stat. 730, provided that: “The amendments made by this subsection [amending this section] shall take effect on .”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , 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 , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Executive Documents

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 Interdepartmental Cash Awards

Ex. Ord. No. 11438, , 33 F.R. 18085, as amended by Ex. Ord. No. 12107, , 44 F.R. 1055; Ex. Ord. No. 13286, § 63, , 68 F.R. 10629, 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 executive department or agency other than the executive department having jurisdiction over the armed force of the member concerned may be the basis for honorary recognition or a cash award by the Secretary of Homeland Security 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 Homeland Security, as appropriate, a cash award or honorary recognition of the member and shall justify its recommendation with appropriate documentation and explanation 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 Homeland Security, as appropriate. The regulations of the Department of Defense and Department of Homeland Security may include designations of officials to whom authority for receiving, evaluating, and making awards may be assigned.

Sec. 3. No cash awards hereunder for a single suggestion, 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 appropriate account of the Department of Homeland Security 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 Homeland Security 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 Management in accordance with the same guidelines and standards applying to awards to civilian employees.

Credits

1965–2002 · 8 acts
  1. 1965Added Pub. L. 89–198, § 1(1), , 79 Stat. 830
  2. 1966amended Pub. L. 89–718, § 10, , 80 Stat. 1117
  3. 1968Pub. L. 90–623, § 2(1), , 82 Stat. 1314
  4. 1980Pub. L. 96–470, title I, § 112(c), , 94 Stat. 2240
  5. 1980Pub. L. 96–513, title V, § 511(40), , 94 Stat. 2923
  6. 1980Pub. L. 96–527, title VII, § 772, , 94 Stat. 3093
  7. 1985Pub. L. 99–145, title XII, § 1225(a)(1), (2)(A), , 99 Stat. 730
  8. 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published

(Added Pub. L. 89–198, § 1(1), , 79 Stat. 830; amended Pub. L. 89–718, § 10, , 80 Stat. 1117; Pub. L. 90–623, § 2(1), , 82 Stat. 1314; Pub. L. 96–470, title I, § 112(c), , 94 Stat. 2240; Pub. L. 96–513, title V, § 511(40), , 94 Stat. 2923; Pub. L. 96–527, title VII, § 772, , 94 Stat. 3093; Pub. L. 99–145, title XII, § 1225(a)(1), (2)(A), , 99 Stat. 730; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)

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