
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1124]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 57--DECORATIONS AND AWARDS
 
Sec. 1124. Cash awards for disclosures, suggestions, inventions, 
        and scientific achievements
        
    (a) The Secretary of Defense, or the Secretary of Transportation 
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 Transportation 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 
Transportation 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.

(Added Pub. L. 89-198, Sec. 1(1), Sept. 22, 1965, 79 Stat. 830; amended 
Pub. L. 89-718, Sec. 10, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 90-623, 
Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-470, title I, 
Sec. 112(c), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96-513, title V, 
Sec. 511(40), Dec. 12, 1980, 94 Stat. 2923; Pub. L. 96-527, title VII, 
Sec. 772, Dec. 15, 1980, 94 Stat. 3093; Pub. L. 99-145, title XII, 
Sec. 1225(a)(1), (2)(A), Nov. 8, 1985, 99 Stat. 730.)

                          Codification

    Another section 1124 was renumbered 1126 of this title.


                               Amendments

    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''.


                    Effective Date of 1985 Amendment

    Section 1225(a)(3) of Pub. L. 99-145 provided that: ``The amendments 
made by this subsection [amending this section] shall take effect on 
October 1, 1985.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, 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 Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government 
Organization and Employees.

                          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, Dec. 3, 1968, 33 F.R. 18085, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, 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 Transportation 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 Transportation, 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 Transportation, as appropriate. The regulations of the 
Department of Defense and Department of Transportation 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 Transportation 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 Transportation 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.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 213a.
