§ 8291. Medal of honor

594 words·~3 min read·/usc/title-10/section-8291

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6241; Pub. L. 88–77, § 2(1), July 25, 1963, 77 Stat. 93; Pub. L. 104–106, div. A, title XV, § 1503(b)(2), Feb. 10, 1996, 110 Stat. 512; renumbered § 8291, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)

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 August 8, 1942” are substituted for the words “adopted pursuant to the Act approved December 21, 1861 (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.