Page:United States Statutes at Large Volume 99 Part 1.djvu/656

 99 STAT. 634

PUBLIC LAW 99-145—NOV. 8, 1985 "(2) before any other service medal, campaign medal, or service ribbon authorized to be displayed. "(d) Not more than one prisoner-of-war medal may be issued to a person. However, for each succeeding service that would otherwise justify the issuance of such a medal, the Secretary concerned may issue a suitable device to be worn as the Secretary determines. "(e) For a person to be eligible for issuance of a prisoner-of-war medal, the person's conduct must have been honorable for the period of captivity which serves as the basis for the issuance. "(f) If a person dies before the issuance of a prisoner-of-war medal to which he is entitled, the medal may be issued to the person's representative, as designated by the Secretary concerned. "(g) Under regulations to be prescribed by the Secretary concerned, a prisoner-of-war medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. "(h) The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uniform so far as practicable.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:

10 USC 1128 ",ote. Ante, p. 633.

"1128. Prisoner-of-war medal: issue.". (b) EFFECTIVE DATE.—Section 1128 of title 10, United States Code,

as added by subsection (a), applies with respect to any person taken prisoner and held captive after April 5, 1917. SEC. 533. CLARIFICATION OF PRECEDENCE OF THE AWARD OF THE PURPLE HEART

98 Stat. 2532.

Section 1127 of title 10, United States Code, is amended by striking out "the lowest position accorded any award or decoration for valor" and inserting in lieu thereof "the bronze star". SEC. 534. ESPIONAGE UNDER THE UCMJ (a) NEW PUNITIVE ARTICLE.—Chapter 47 of title 10, United States

Code (the Uniform Code of Military Justice), is amended by inserting after section 906 (article 106) the following new section (article): Penalties.

"§ 906a. Art. 106a. Espionage "(a)(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, anything described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct. "(2) An entity referred to in paragraph (1) is— "(A) a foreign government;

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