83 FR 18191 - Delegation of Authority To Approve Certain Military Decorations

Executive Office of the President

Federal Register Volume 83, Issue 80 (April 25, 2018)

[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Presidential Documents]
[Pages 18191-18194]
From the Federal Register Online  [www.thefederalregister.org]
[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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 20, 2018.

[FR Doc. 2018-08883
 4-24-18; 11:15 am]
Billing code 3295-F8-P