§ 1128. Prisoner-of-war medal: issue

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. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title V § 532(a)(1) · 99 Stat. 583

   Enacted · 10 U.S.C. § 1128

   Added Pub. L. 99–145, title V, § 532(a)(1), Nov. 8, 1985, 99 Stat. 633

   Source evidence

   Code source credit
   Added Pub. L. 99–145, title V, § 532(a)(1), Nov. 8, 1985, 99 Stat. 633

   Enacted provision · exact public law section
   (1) Chapter 57 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 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; or “(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. “(b) The prisoner-of-war medal shall be of appropriate design, with ribbons and appurtenances. “(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 issuance. “(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.”.

2. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title V § 516(a) · 103 Stat. 1352

   Added · 10 U.S.C. § 1128(a)(4)

   Pub. L. 101–189 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 101–189 added par. (4).

   Enacted provision · exact public law section
   (a) Extension to Members Held by Hostile Forces.— Section 1128(a) of title 10, United States Code, is amended— (1) by striking out “or” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; or”; and (3) by adding at the end the following new paragraph: “(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.”.

   Effective date note
   Pub. L. 101–189, div. A, title V, § 516(b), Nov. 29, 1989, 103 Stat. 1442, 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.”

3. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 584(1) · 126 Stat. 1632

   1. Inserted · 10 U.S.C. § 1128(a)(2)(4)

      Pub. L. 112–239, § 584(1), inserted “or” at end of par. (2)

   2. Substituted · 10 U.S.C. § 1128(a)(2)(4)

      Pub. L. 112–239, § 584(1), substituted period at end for “; or” in par. (3)

   3. Struck · 10 U.S.C. § 1128(a)(2)(4)

      Pub. L. 112–239, § 584(1), struck out par. (4) which read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (4). Pub. L. 112–239, § 584(1), inserted “or” at end of par. (2), substituted period at end for “; or” in par. (3), and struck out par. (4) which read as follows: “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.”

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by inserting “or” at the end of paragraph (2); (B) by striking “; or” at the end of paragraph (3) and inserting a period; and (C) by striking paragraph (4);

4. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 584(2) · 126 Stat. 1632

   1. Added · 10 U.S.C. § 1128(b)(i)

      Pub. L. 112–239, § 584(2), (3), added subsec. (b)

   2. Redesignated · 10 U.S.C. § 1128(b)(i)

      Pub. L. 112–239, § 584(2), (3), redesignated former subsecs. (b) to (h) as (c) to (i), respectively

   Source evidence

   Code amendment note
   Subsecs. (b) to (i). Pub. L. 112–239, § 584(2), (3), added subsec. (b) and redesignated former subsecs. (b) to (h) as (c) to (i), respectively.

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and

7 of 7 references resolved to an enrolled provision