Presidential DocumentExecutive Order 138302018-08883
Delegation of Authority To Approve Certain Military Decorations
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Published
April 25, 2018
Signed
April 20, 2018
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)</title>
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[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Presidential Documents]
[Pages 18191-18194]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-08883]
[[Page 18189]]
Vol. 83
Wednesday,
No. 80
April 25, 2018
Part IV
The President
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Executive Order 13830--Delegation of Authority To Approve Certain
Military Decorations
Presidential Documents
Federal Register / Vol. 83 , No. 80 / Wednesday, April 25, 2018 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 18191]]
Executive Order 13830 of April 20, 2018
Delegation of Authority To Approve Certain
Military Decorations
For the purpose of carrying into effect the provisions
of sections 1121, 3742, 3743, 3746, 3749, 3750, 6242,
6243, 6244, 6245, 6246, 8742, 8743, 8746, 8749, and
8750 of title 10, and sections 491a, 492, 492a, 492b,
and 493 of title 14, United States Code, the following
rules and regulations pertaining to the award of the
Distinguished Service Cross, Navy Cross, Air Force
Cross, Coast Guard Cross, Distinguished Service Medal,
Silver Star Medal, Legion of Merit, Distinguished
Flying Cross, Soldier's Medal, Navy and Marine Corps
Medal, Airman's Medal, and Coast Guard Medal are
promulgated:
Section 1. Distinguished Service Cross, Navy Cross, Air
Force Cross, and Coast Guard Cross. The Secretary of
the military department concerned, or the Secretary of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may award
the Distinguished Service Cross, Navy Cross, Air Force
Cross, and Coast Guard Cross in the name of the
President to any person who, while serving in any
capacity with the Army, Navy, Marine Corps, Air Force,
or Coast Guard, as the case may be, distinguishes
himself or herself by extraordinary heroism not
justifying award of the Medal of Honor:
(a) while engaged in an action against an enemy of
the United States;
(b) while engaged in military operations involving
conflict with an opposing foreign force or, with
respect to the Coast Guard, an international terrorist
organization; or
(c) 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.
Sec. 2. Distinguished Service Medal. The Secretary of
the military department concerned, or the Secretary of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may award
the Distinguished Service Medal of each of the
respective Armed Forces of the United States in the
name of the President to any person who, while serving
in any capacity with the Army, Navy, Marine Corps, Air
Force, or Coast Guard, as the case may be,
distinguishes himself or herself by exceptionally
meritorious service to the United States in a duty of
great responsibility.
Sec. 3. Silver Star Medal. The Secretary of the
military department concerned, or the Secretary of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may award
the Silver Star Medal in the name of the President to
any person who, while serving in any capacity with the
Army, Navy, Marine Corps, Air Force, or Coast Guard, as
the case may be, is cited for gallantry in action that
does not warrant award of the Medal of Honor,
Distinguished Service Cross, Navy Cross, Air Force
Cross, or Coast Guard Cross:
(a) while engaged in an action against an enemy of
the United States;
(b) while engaged in military operations involving
conflict with an opposing foreign force or, with
respect to the Coast Guard, an international terrorist
organization; or
[[Page 18192]]
(c) 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.
Sec. 4. Legion of Merit.
(a) The Secretary of the military department
concerned, or the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as
a service in the Navy, may award the Legion of Merit,
without degree, in the name of the President to any
member of the Armed Forces of the United States, who,
after September 8, 1939, has distinguished himself or
herself by exceptionally meritorious conduct in
performing outstanding services.
(b) The Secretary of Defense, after concurrence by
the Secretary of State, may award the Legion of Merit,
in the degrees of Commander, Officer, and Legionnaire,
to a member of the armed forces of friendly foreign
nations.
(c) The Secretary of Defense, after concurrence by
the Secretary of State, shall submit to the President
for his approval, recommendations for award of the
Legion of Merit, in the degree of Chief Commander, to a
member of the armed forces of friendly foreign nations.
Sec. 5. Distinguished Flying Cross.
(a) The Secretary of the military department
concerned, or the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as
a service in the Navy, may award the Distinguished
Flying Cross in the name of the President to any
eligible person identified in subsection (b) who, while
serving in any capacity with the Army, Navy, Marine
Corps, Air Force, or Coast Guard, distinguishes himself
or herself by heroism or extraordinary achievement
while participating in an aerial flight aboard an
aircraft or spacecraft.
(b) (i) Any member of the Armed Forces of the
United States, including a member not on active duty,
who, while participating in an aerial flight aboard an
aircraft or spacecraft, performs official duties
incident to such membership is eligible for the award
of the Distinguished Flying Cross.
(ii) Any member of the armed forces of a friendly foreign nation who, while
serving with the Armed Forces of the United States, participates in an
aerial flight aboard an aircraft or spacecraft and performs official duties
incident to such membership is eligible for the award of the Distinguished
Flying Cross.
(iii) Civilians are not eligible for the award of the Distinguished Flying
Cross.
(c) No Distinguished Flying Cross may be awarded or
presented to any person, or to that person's
representative, if the person's service after the
qualifying act or achievement has not been honorable.
(d) With regard to the award of the Distinguished
Flying Cross for a qualifying act or achievement
performed:
(i) on or before July 2, 1926, no award shall be made after July 2, 1929,
unless the award recommendation was made on or before July 2, 1928, in
which case the award may be made;
(ii) between December 7, 1941, and September 2, 1945, no award shall be
made after May 2, 1952, unless the award recommendation was made on or
before May 2, 1951, in which case the award may be made;
(iii) between September 3, 1945, and twelve o'clock noon on December 31,
1946 (the date and time World War II hostilities were terminated pursuant
to Proclamation 2714 of December 31, 1946), no award shall be made unless
the award recommendation was made on or before June 30, 1947;
(iv) between July 2, 1926, and September 10, 2001, with the exception of a
qualifying act or achievement authorized pursuant to paragraphs (ii) or
(iii) of this subsection, no award shall be made more than 3
[[Page 18193]]
years after the date of the qualifying act or achievement unless the award
recommendation was made within 2 years of the qualifying act or
achievement; or
(v) on or after September 11, 2001, no award shall be made except in
accordance with any time limitations established in regulations by the
Secretary of the military department concerned or by the Secretary of
Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy.
(e) The Distinguished Flying Cross may be awarded
posthumously. When so awarded, it may be presented to
such representative of the deceased as may be deemed
appropriate by the Secretary of the military department
concerned, or the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as
a service in the Navy.
(f) Not more than one Distinguished Flying Cross
may be awarded to any one person. For each succeeding
act of heroism or extraordinary achievement justifying
such an award, a suitable bar or other device may be
awarded to be worn with the medal.
Sec. 6. Soldier's Medal, Navy and Marine Corps Medal,
Airman's Medal, and Coast Guard Medal.
(a) The Secretary of the military department
concerned, or the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as
a service in the Navy, may award the Soldier's Medal,
Navy and Marine Corps Medal, Airman's Medal, and Coast
Guard Medal in the name of the President to any person
who, while serving in any capacity with the Army, Navy,
Marine Corps, Air Force, or Coast Guard, as the case
may be, distinguishes himself or herself by heroism not
involving actual conflict with an enemy.
(b) The Secretary of the Navy may award the Navy
and Marine Corps Medal to any person to whom the
Secretary of the Navy, before August 7, 1942, awarded a
letter of commendation for heroism, and who applies for
that medal, regardless of the date of the act of
heroism.
(c) Not more than one Soldier's Medal, Navy and
Marine Corps Medal, Airman's Medal, or Coast Guard
Medal may be awarded to any one person. For each
succeeding act of heroism justifying such an award, a
suitable bar or other device may be awarded to be worn
with the medal.
Sec. 7. Regulations. The Secretary of the military
department concerned, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may prescribe such
regulations as they may deem appropriate to carry out
this order. The regulations of the Secretaries of the
military departments concerned with respect to the
award of the Silver Star Medal, Distinguished Flying
Cross, and Legion of Merit shall, so far as
practicable, be uniform and shall be subject to the
approval of the Secretary of Defense.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order supersedes Executive Order 4601 of
March 1, 1927, as amended, and Executive Order 9260 of
October 29, 1942, as amended. However, existing
regulations prescribed pursuant to those orders, shall,
so far as they are not inconsistent with this order,
remain in effect until modified or revoked by
regulations prescribed by the Secretary of the military
department concerned, or the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, under this order.
[[Page 18194]]
(d) This order is not intended to, and does not,
invalidate any award of military decorations covered by
this order made prior to the effective date of this
order.
(e) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
April 20, 2018.
[FR Doc. 2018-08883
4-24-18; 11:15 am]
Billing code 3295-F8-P
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</html>Indexed from Federal Register on April 25, 2018.
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