§ 9282. Medals: posthumous award and presentation

Statutory text

If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President.

If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under section 9281 of this title, it shall be presented to his family.

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.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752 · 70A Stat. 542
Enacted · 10 U.S.C. § 9282
Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752
1958
Pub. L. 85–861 § 33(a)(23) · 72 Stat. 1437
Substituted · 10 U.S.C. § 9282(b)
Pub. L. 85–861 substituted “it shall be presented” for “it may be presented”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–861 substituted “it shall be presented” for “it may be presented”.
Enacted provision · exact public law section
(23) Sections 3752 (b) and 8752 (b) are amended by striking out 10 U S C 3752, 8752. the word “may” and inserting the word “shall” in place thereof.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 806(b)(11) · 132 Stat. 1636
Changed · 10 U.S.C. § 9282
Pub. L. 115–232, § 806(b)(11), renumbered section 8752 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 806(b)(11), renumbered section 8752 of this title as this section.
Enacted provision · exact public law section
(11) Chapter 857.— Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 530.
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.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 9282(b)
Pub. L. 115–232, § 809(a), substituted “section 9281” for “section 8751”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 9281” for “section 8751”.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
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
1956 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8752(a) 8752(b)	10:1409 (words between 1st and 2d semicolons).10:1429 (1st 49 words of last sentence).10:1415a (21st through 30th words, less applicability to clauses (a) through (n)).	July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under “Ordnance Department”), 40 Stat. 871.July 2, 1926, ch. 721, § 12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549.
		May 12, 1928, ch. 528, § 1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.

In subsection (a), the words “If a person” are substituted for the words “In case an individual * * * dies”, in 10:1409, and “In case an individual * * * shall have died”, in 10:1429. The words “within three years from the date”, in 10:1409, are omitted as covered by section 8744 of this title. The words “who shall distinguish himself”, in 10:1409, and “who distinguishes himself”, in 10:1429, are omitted as covered by the words “the award * * * to which he is entitled”.

1958 Act

The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permissive.

Editorial Notes

Amendments1958–2018 · 2 rounds

2018

Pub. L. 115–232, § 806(b)(11), renumbered section 8752 of this title as this section.

Subsec. (b). Pub. L. 115–232, § 809(a), substituted “section 9281” for “section 8751”.

1958

Subsec. (b). Pub. L. 85–861 substituted “it shall be presented” for “it may be presented”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Credits

1956–2018 · 3 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752
1958Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565
2018renumbered § 9282 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 542, § 8752; Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered § 9282 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840.)