
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 552]
[Document affected by Public Law 107-107 Section 553(a)(1)(B)]
[CITE: 10USC3741]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                   CHAPTER 357--DECORATIONS AND AWARDS
 
Sec. 3741. Medal of honor: award

    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 Army, distinguished 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. 215; Pub. L. 88-77, Sec. 1(1), July 
25, 1963, 77 Stat. 93.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3741..................................  10:1403.                             Ju
ly 9, 1918, ch. 143 (8th par.
                                                                              u
nder ``Ordnance Department''), 40
                                                                              S
tat. 870.
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---------------------------------

    The words ``That the provisions of existing law relating to the 
award of medals of honor to officers, noncommissioned officers, and 
privates of the Army be, and they hereby are, amended so that'', in the 
Act of July 9, 1918, ch. 143 (8th par. under ``Ordnance Department''), 
40 Stat. 870, are not contained in 10:1403. They are also omitted from 
the revised section as surplusage. The word ``member'' is substituted 
for the words ``officer or enlisted man''. The word ``only'' is omitted 
as surplusage. The word ``award'' is inserted for clarity, since the 
President determines the recipient of the medal in addition to 
presenting it.


                               Amendments

    1963--Pub. L. 88-77 enlarged authority to award medal of honor, 
which was limited to those cases in which persons distinguished 
themselves in action involving actual conflict with an enemy, 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.


  Review Regarding Upgrading of Distinguished-Service Crosses and Navy 
Crosses Awarded to Asian-Americans and Native American Pacific Islanders 
                        for World War II Service

    Pub. L. 104-106, div. A, title V, Sec. 524, Feb. 10, 1996, 110 Stat. 
312, provided that:
    ``(a) Review Required.--(1) The Secretary of the Army shall review 
the records relating to each award of the Distinguished-Service Cross, 
and the Secretary of the Navy shall review the records relating to each 
award of the Navy Cross, that was awarded to an Asian-American or a 
Native American Pacific Islander with respect to service as a member of 
the Armed Forces during World War II. The purpose of the review shall be 
to determine whether any such award should be upgraded to the Medal of 
Honor.
    ``(2) If the Secretary concerned determines, based upon the review 
under paragraph (1), that such an upgrade is appropriate in the case of 
any person, the Secretary shall submit to the President a recommendation 
that the President award the Medal of Honor to that person.
    ``(b) Waiver of Time Limitations.--A Medal of Honor may be awarded 
to a person referred to in subsection (a) in accordance with a 
recommendation of the Secretary concerned under that subsection without 
regard to--
        ``(1) section 3744, 6248, or 8744 of title 10, United States 
    Code, as applicable; and
        ``(2) any regulation or other administrative restriction on--
            ``(A) the time for awarding the Medal of Honor; or
            ``(B) the awarding of the Medal of Honor for service for 
        which a Distinguished-Service Cross or Navy Cross has been 
        awarded.
    ``(c) Definition.--For purposes of this section, the term `Native 
American Pacific Islander' means a Native Hawaiian and any other Native 
American Pacific Islander within the meaning of the Native American 
Programs Act of 1974 (42 U.S.C. 2991 et seq.).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1074h, 3748 of this title; 
title 18 section 704.
