77TH CONG.; 2D SESS.-CH. 551 -AUG. 7 , 1942 insignia in lieu of either of said medals or of said cross, shall be issued to any person after more than five years from the date of the act or service justifying the awarding thereof, nor unless a specific state- ment or report distinctly setting forth the act or distinguished service and suggesting or recommending official recognition thereof shall have been made by his superior through official channels at the time of act or service or within three years thereafter. "SEC. 10. That in case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or cross or bar or other emblem or insignia presented within five years from the date of the act or service justifying the award thereof to such repre- sentative of deceased as the President may designate: Provided, That no medal or cross or no bar or other emblem or insignia shall be awarded or presented to any individual, or to the representative of any individual, whose entire service subsequent to the time he dis- tinguished himself shall not have been honorable: Provided further, That in cases of persons now in the naval service for whom the award of the medal of honor, distinguished-service medal, or Navy cross, has been recommended in full compliance with then existing regulations, but on account of services which, though insufficient fully to justify the award of the medal of honor, the distinguished-service medal, or the Navy cross, appears to have been such as to justify the award of the silver star medal, or the Navy and Marine Corps Medal hereinbefore provided, such cases may be considered and acted upon under the provisions of this Act authorizing the award of the silver star medal or the Navy and Marine Corps Medal, notwithstanding that said services may have been rendered more than five years before said cases shall have been considered as authorized by this proviso, but all consideration or any action upon any of said cases shall be based exclusively upon official records now on file' in the Navy Department. "SEC. 11 . That the President be, and he hereby is, authorized to delegate, under such conditions, regulations, and limitations as he shall prescribe, to flag officers who are commanders in chief or com- manding on important independent duty the power conferred upon him by this Act to award the Navy cross, the distinguished-service ,medal, silver star medal, and the Navy and Marine Corps Medal; and he is further authorized to make from time to time any and all rules, regulations, and orders which he shall deem necessary to carry into effect the provisions of this Act and to execute full purpose and intention thereof." SEC. 2 . That section 1407 of the Revised Statutes (Act of May 17, 1864, ch. 89, sec. 3, 13 Stat. 79, 80); the Act of May 4, 1898, numbered 30 (30 Stat. 741), and the Act of March 3, 1901, chapter 850 (31 Stat. 1099), are hereby repealed. SEC. 3. The Act of March 3, 1915 (38 Stat. 931), is hereby amended by striking therefrom the following: "The President of the United States is hereby empowered to pre- pare a suitable medal of honor to be awarded to any officer of the Navy, Marine Corps, or Coast Guard who shall have distinguished himself in battle or displayed extraordinary heroism in the line of his profession." Approved, August 7, 1942. Awards in case of death. Proaisos. Subsequent honor- able service. Award of silver star medal, etc., in certain eases. Delegation of power to make awards. Rules and regula- tions. Repeals. 34 .. . it 134, 352,351 . 34U.8.C.§353. 56 STAT.] 745
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