Executive Order 10765
By virtue of authority vested in me by the Medals of Honor Act, 33 Stat. 743, as amended by the Act of June 13, 1957, 71 Stat. 69 (45 U.S.C. 44 et seq.), and as President of the United States, it is hereby ordered as follows:
- The following regulations shall govern the award of life-saving medals under the said Medals of Honor Act, as amended, and shall constitute §§ 9.1 through 9.7 of Chapter I of Title 49 of the Code of Federal Regulations:
- § 9.1 Applications and Affidavits. Applications for medals under the Medals of Honor Act, 33 Stat. 743, as amended by the Act of June 13, 1957, 71 Stat. 69 (45 U.S.C. 44 et seq.), shall be prepared in accordance with, and contain the information called for in, the form of application prescribed by the Interstate Commerce Commission consistent with these regulations, or any instructions which may be issued by the Commission with respect to the filing of an application. Applications should be addressed to and filed with the Interstate Commerce Commission, Washington, D.C. The acts relied upon in the application must be of such a nature that the applicant would not be expected or required to perform such acts in performing the duties of his regular work or vocation. Satisfactory evidence of the facts upon which the application is based must be filed in each case. Such evidence should be in the form of affidavits made by witnesses of good repute and standing, testifying of their own knowledge. The affidavits should be made before an officer duly authorized to administer oaths, and should be accompanied by the certificate of a United States official of the district in which the affiants reside, such as a judge or clerk of a United States court, a district attorney, or a postmaster, to the effect that the affiants are reputable and credible persons. If the affidavits are taken before an officer without an official seal, his official character must be certified by the proper officer of a court of record under the seal thereof.
- § 9.2 Character of Evidence. The expression by a witness, or witnesses, of the opinion that the person for whom an award is sought acted with extreme daring and endangered his life is not sufficient basis for an award, but the affidavits or testimony should set forth the pertinent facts in detail, and show clearly in what manner and to what extent the life of the applicant was endangered and extreme daring manifested by him. The affidavits or testimony should also state the name of the city, town, or village in or near which the incident occurred, the railroad, public highway, road, or street, and the place thereon where the incident occurred, the date, time of day, and condition of the weather, the names and addresses of (1) the carrier or carriers, or person or persons, involved, (2) the police, fire, or other public officials who investigated the incident, and (3) all persons present, when practicable, and any other pertinent circumstances. These regulations shall not be construed as applicable to any motor-vehicle incident with respect to which no part of the directly related events takes place on a public highway, road, or street.
- § 9.3 Investigation by Commission. In addition to considering applications filed with it, the Interstate Commerce Commission may, upon its own motion, initiate proceedings for award of medals under the Medals of Honor Act and cause investigations to be made. Sworn testimony of witnesses taken before an officer or employee of the Commission designated by the Commission for the purpose of taking such testimony shall become a part of the record in the case.
- § 9.4 Review of Evidence; Recommendations. Applications for medals, together with all affidavits, testimony, and other evidence received in connection therewith, and the records developed in connection with investigations initiated by the Commission, shall be referred to a committee of three persons, consisting of the Secretary of the Commission and two Commission staff officials designated by the Chairman of the Commission. One of such staff officials shall be directly concerned with railroad safety, and the other with motor-carrier safety. The committee shall carefully consider each application or record, and after thoroughly weighing the evidence shall prepare an abstract or brief covering the case, and file it, together with the committee's recommendation, with the Commission for consideration. After due consideration, the Commission shall transmit its recommendation, together with a statement of the facts in the case, to the Secretary of Commerce, acting for the President, for his consideration. The Commission, or the committee with the approval of the Commission, may direct any inspector in the employ of the Commission to proceed to the locality where the act or acts in question were performed and to make a personal investigation of the matter, and to make a report upon the facts of the case. Such report shall be filed and shall be made a part of the evidence to be considered. In any case in which the Commission recommends that an award be made posthumously, its recommendation shall designate the relative or other person to whom the medal should be presented.
- § 9.5 Recommendation Effective as directed by the Secretary of Commerce, acting for the President. Upon approval of the recommendation in any case by the Secretary of Commerce, acting for the President, the award of the medal shall be made by the Chairman of the Interstate Commerce Commission in the name and on behalf of the President.
- § 9.6 Preparation of Designs; Approval by the Secretary of Commerce, acting for the President. The Commission shall cause designs to be prepared for the medal, rosette, and ribbon provided for by the act, and such designs shall be submitted to, and become effective when approved by, the Secretary of Commerce, acting for the President.
- § 9.7 Time Limits for Filing. No application for a medal shall be considered unless it is filed within two years from the date of the occurrence of the incident upon which it is based: Provided, that no application based solely upon an incident involving a motor vehicle shall be considered in any event if the incident occurred prior to June 13, 1957.
- This order shall become effective upon publication thereof in the Federal Register, and shall thereupon supersede the regulations which were approved by the President on June 21, 1926, and which now constitute §§ 9.1 through 9.6 of Chapter I of Title 49 of the Code of Federal Regulations.
Dwight D. Eisenhower
The White House,
April 24, 1958.
- Executive Order 11382 amended the regulations at 49 CFR 9, which were redesignated as 49 CFR 109 at 32 FR 5606, April 5, 1967.
- Part 109 was later redesignated as 49 CFR 79 at 33 FR 19605, December 25, 1968.
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