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Title 10 — Armed Forces

Part II · Chapter 837 — Decorations and Awards

§ 8291. Medal of honor

Statutory text

The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who, while a member of the naval service, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty—

(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 foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

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. Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241 · 70A Stat. 389

    Enacted · 10 U.S.C. § 8291

    Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241

  2. Pub. L. 88–77 § 2(1) · 77 Stat. 93

    Substituted · 10 U.S.C. § 8291

    Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action involving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and substituted the requirement that it be of appropriate design, with ribbons and appurtenances, for the requirement that it be the same as that authorized on August 8, 1942

    Source evidence

    Code amendment note
    Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action involving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and substituted the requirement that it be of appropriate design, with ribbons and appurtenances, for the requirement that it be the same as that authorized on August 8, 1942.

    Enacted provision · exact public law section
    (1) Section 6241 is amended to read as follows: 70A Stat. 389. “§ 6241. Medal of honor “The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who, while a member of the naval service, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the cal] of duty— “(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 foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party,”

  3. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1503(b)(2) · 110 Stat. 186

    Inserted · 10 U.S.C. § 8291(2)

    Pub. L. 104–106 inserted “or” after “an opposing foreign force;”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 104–106 inserted “or” after “an opposing foreign force;”.

    Enacted provision · exact public law section
    (2) Section 6241 is amended by inserting “or” at the end of paragraph (2).

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(13) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8291

    Pub. L. 115–232 renumbered section 6241 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6241 of this title as this section.

    Enacted provision · exact public law section
    (13) Chapter 567.— Each section in chapter 567 10 USC 8291–8308. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
624134 U.S.C. 354.Feb. 4, 1919, ch. 14, § 1, 40 Stat. 1056; Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743.

In subsection (a) the word “award” is added for clarity since the President determines the recipient, in addition to presenting the medal in the name of Congress. The words “a member of the naval service” are substituted for the words “in the naval service of the United States” for uniformity. The word “distinguishes” is substituted for the words “shall * * * distinguish” for uniformity.

In subsection (b) the words “of the medal of honor authorized on ” are substituted for the words “adopted pursuant to the Act approved (12 Stat. 330)” for the reason that the 1861 Act does not establish the design, and the date of formal adoption of the design of the medal is obscure. The effect of the subsection is to continue the design recognized by 34 U.S.C. 354.

Editorial Notes

Prior Provisions

A prior section 8291, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, related to original appointments in Regular Air Force of nurses or woman medical specialists, and prescribed qualifications for appointment as a nurse, prior to repeal by Pub. L. 85–155, title IV, § 401(1), , 71 Stat. 390.

Amendments1963–2018 · 3 rounds

2018

Pub. L. 115–232 renumbered section 6241 of this title as this section.

1996

Par. (2). Pub. L. 104–106 inserted “or” after “an opposing foreign force;”.

1963

Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action involving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and substituted the requirement that it be of appropriate design, with ribbons and appurtenances, for the requirement that it be the same as that authorized on .

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Executive Documents

Meritorious Service Medal

Establishment of, see Ex. Ord. No. 11448, set out as a note preceding section 1121 of this title.

Credits

1956–2018 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241
  2. 1963Pub. L. 88–77, § 2(1), , 77 Stat. 93
  3. 1996Pub. L. 104–106, div. A, title XV, § 1503(b)(2), , 110 Stat. 512
  4. 2018renumbered § 8291, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), , 132 Stat. 1836.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241; Pub. L. 88–77, § 2(1), , 77 Stat. 93; Pub. L. 104–106, div. A, title XV, § 1503(b)(2), , 110 Stat. 512; renumbered § 8291, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), , 132 Stat. 1836.)

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