H. R. 5122—134
‘‘(3) may not be used for any purpose in any action, suit, 
or judicial or administrative proceeding without the consent 
of the Secretary of the military department concerned.’’. 
(2) CONFORMING AMENDMENT.—Section 618 of such title 
is amended by striking subsection (f). 
(b) RESERVE SELECTION BOARD PROCEEDINGS.—Section 14104 
of such title is amended to read as follows: 
‘‘§ 14104. Nondisclosure of board proceedings 
‘‘(a) NONDISCLOSURE.—The proceedings of a selection board con-
vened under section 14101 of this title may not be disclosed to 
any person not a member of the board. 
‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, 
AND RECORDS.—The discussions and deliberations of a selection 
board described in subsection (a) and any written or documentary 
record of such discussions and deliberations—
‘‘(1) are immune from legal process; 
‘‘(2) may not be admitted as evidence; and 
‘‘(3) may not be used for any purpose in any action, suit, 
or judicial or administrative proceeding without the consent 
of the Secretary of the military department concerned.’’. 
(c) APPLICABILITY.—Section 613a of title 10, United States Code, 
as added by subsection (a), shall apply with respect to the pro-
ceedings of all selection boards convened under section 611 of that 
title, including selection boards convened before the date of the 
enactment of this Act. Section 14104 of such title, as amended 
by subsection (b), shall apply with respect to the proceedings of 
all selection boards convened under section 14101 of that title, 
including selection boards convened before the date of the enactment 
of this Act. 
(d) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of subchapter 
I of chapter 36 of title 10, United States Code, is amended 
by inserting after the item relating to section 613 the following 
new item:
‘‘613a. Nondisclosure of board proceedings.’’.
(2) The item relating to section 14104 in the table of 
sections at the beginning of chapter 1403 of such title is 
amended to read as follows:
‘‘14104. Nondisclosure of board proceedings.’’.
SEC. 548. REPORT ON EXTENT OF PROVISION OF TIMELY NOTICE OF 
LONG-TERM DEPLOYMENTS. 
Not later than March 1, 2007, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report on the number of members of the Armed Forces (shown 
by service and within each service by reserve component and active 
component) who, during the period beginning on January 1, 2005, 
and ending on the date of the enactment of this Act, have not 
received at least 30 days notice (in the form of an official order) 
before a deployment that will last 180 days or more. With respect 
to members of the reserve components, the report shall describe 
the degree of compliance (or noncompliance) with Department of 
Defense policy concerning the amount of notice to be provided 
before long-term mobilizations or deployments.
H. R. 5122—135
Subtitle E—Military Justice Matters 
SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE 
TO MEMBERS OF THE ARMED FORCES ORDERED TO DUTY 
OVERSEAS IN INACTIVE DUTY FOR TRAINING STATUS. 
Not later than March 1, 2007, the Secretaries of the military 
departments shall prescribe regulations, or amend current regula-
tions, in order to provide that members of the Armed Forces who 
are ordered to duty at locations overseas in an inactive duty for 
training status are subject to the jurisdiction of the Uniform Code 
of Military Justice, pursuant to the provisions of section 802(a)(3) 
of title 10, United States Code (article 2(a)(3) of the Uniform Code 
of Military Justice), continuously from the commencement of execu-
tion of such orders to the conclusion of such orders. 
SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF 
MILITARY JUSTICE DURING A TIME OF WAR. 
Paragraph (10) of section 802(a) of title 10, United States 
Code (article 2(a) of the Uniform Code of Military Justice), is 
amended by striking ‘‘war’’ and inserting ‘‘declared war or a contin-
gency operation’’. 
Subtitle F—Decorations and Awards 
SEC. 555. AUTHORITY FOR PRESENTATION OF MEDAL OF HONOR FLAG 
TO LIVING MEDAL OF HONOR RECIPIENTS AND TO LIVING 
PRIMARY NEXT-OF-KIN OF DECEASED MEDAL OF HONOR 
RECIPIENTS. 
(a) FUTURE PRESENTATIONS.—Sections 3755, 6257, and 8755 
of title 10, United States Code, and section 505 of title 14, United 
States Code, are each amended—
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sentence: ‘‘In 
the case of a posthumous presentation of the medal, the flag 
shall be presented to the person to whom the medal is pre-
sented.’’. 
(b) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL 
OF HONOR.—
(1) LIVING RECIPIENTS.—The President shall provide for 
the presentation of the Medal of Honor Flag as expeditiously 
as possible after the date of the enactment of this Act to 
each living recipient of the Medal of Honor who has not already 
received a Medal of Honor Flag. 
(2) SURVIVORS OF DECEASED RECIPIENTS.—In the case of 
presentation of the Medal of Honor Flag for a recipient of 
the Medal of Honor who was awarded the Medal of Honor 
before the date of the enactment of this Act and who is deceased 
as of such date (or who dies after such date and before the 
presentation required by paragraph (1)), the President shall 
provide for posthumous presentation of the Medal of Honor 
Flag, upon written application therefor, to the primary living 
next of kin, as determined under regulations or procedures 
prescribed by the Secretary of Defense for the purposes of 
this paragraph (and notwithstanding the amendments made 
by paragraph (2) of subsection (a)).
H. R. 5122—136
(3) MEDAL OF HONOR FLAG.—In this subsection, the term 
‘‘Medal of Honor Flag’’ means the flag designated under section 
903 of title 36, United States Code. 
SEC. 556. REVIEW OF ELIGIBILITY OF PRISONERS OF WAR FOR AWARD 
OF THE PURPLE HEART. 
(a) REPORT.—Not later than March 1, 2007, the President shall 
transmit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the advisability of modifying 
the criteria for the award of the Purple Heart to authorize the 
award of the Purple Heart—
(1) to a member of the Armed Forces who dies in captivity 
as a prisoner of war under unknown circumstances or as a 
result of conditions and treatment that, under criteria for eligi-
bility for the Purple Heart as in effect on the date of the 
enactment of this Act, do not qualify the decedent for award 
of the Purple Heart; and 
(2) to an individual who while a member of the Armed 
Forces survives captivity as a prisoner of war, but who dies 
thereafter as a result of disease or disability, or a result of 
disease and condition and treatment, incurred during such 
captivity. 
(b) DETERMINATION.—As part of the review undertaken in order 
to prepare the report required by subsection (a), the President 
shall make a determination on the advisability of expanding eligi-
bility for the award of the Purple Heart to deceased servicemembers 
held as a prisoner of war after December 7, 1941, who meet the 
criteria for eligibility for the prisoner-of-war medal under section 
1128 of title 10, United States Code (including the criterion under 
subsection (e) of that section with respect to honorable conduct), 
but who do not meet the criteria for eligibility for the Purple 
Heart. 
(c) REQUIREMENTS.—In making the determination required by 
subsection (b), the President shall take into consideration the fol-
lowing: 
(1) The brutal treatment endured by thousands of prisoners 
of war incarcerated by enemy forces. 
(2) The circumstance that many servicemembers held as 
prisoners of war died during captivity due to causes that do 
not meet the criteria for eligibility for award of the Purple 
Heart, including starvation, abuse, the deliberate withholding 
of medical treatment for injury or disease, or other causes. 
(3) The circumstance that some members of the Armed 
Forces died in captivity under circumstances establishing eligi-
bility for the prisoner-of-war medal but under circumstances 
not otherwise establishing eligibility for the Purple Heart. 
(4) The circumstance that some members and former mem-
bers of the Armed Forces who were held as prisoners of war 
and following captivity were issued the prisoner-of-war medal 
subsequently died due to a disease or disability that was 
incurred during that captivity, without otherwise having been 
awarded the Purple Heart due to the injury or conditions 
resulting in that disease or disability or otherwise having been 
awarded the Purple Heart for injury incurring during captivity. 
(5) The views of veterans service organizations, including 
the Military Order of the Purple Heart.
H. R. 5122—137
(6) The importance that has been assigned to determining 
all available facts before a decision is made to award the 
Purple Heart. 
(7) The views of the Secretary of Defense and the Chairman 
of the Joint Chiefs of Staff. 
SEC. 557. REPORT ON DEPARTMENT OF DEFENSE PROCESS FOR 
AWARDING DECORATIONS. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of the policy, procedures, and processes of the military departments 
for awarding decorations to members of the Armed Forces. 
(b) TIME PERIODS.—As part of the review under subsection 
(a), the Secretary shall compare the time frames of the awards 
process between active duty and reserve components—
(1) from the time a recommendation for the award of a 
decoration is submitted until the time the award of the decora-
tion is approved; and 
(2) from the time the award of a decoration is approved 
until the time when the decoration is presented to the recipient. 
(c) RESERVE COMPONENTS.—If the Secretary, in conducting the 
review under subsection (a), finds that the timeliness of the awards 
process for members of the reserve components is not the same 
as, or similar to, that for members of the active components, the 
Secretary shall take appropriate steps to address the discrepancy. 
(d) REPORT.—Not later than August 1, 2007, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a report containing the Secretary’s findings as a result of 
the review under subsection (a), together with a plan for imple-
menting whatever changes are determined to be appropriate to 
the process for awarding decorations in order to ensure that decora-
tions are awarded in a timely manner, to the extent practicable. 
Subtitle G—Matters Relating to Casualties 
SEC. 561. AUTHORITY FOR RETENTION AFTER SEPARATION FROM 
SERVICE OF ASSISTIVE TECHNOLOGY AND DEVICES PRO-
VIDED WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 58 of title 10, United States Code, 
is amended by inserting after section 1150 the following new section: 
‘‘§ 1151. Retention of assistive technology and services pro-
vided before separation 
‘‘(a) AUTHORITY.—A member of the armed forces who is provided 
an assistive technology or assistive technology device for a severe 
or debilitating illness or injury incurred or aggravated by such 
member while on active duty may, under regulations prescribed 
by the Secretary of Defense, be authorized to retain such assistive 
technology or assistive technology device upon the separation of 
the member from active service. 
‘‘(b) DEFINITIONS.—In this section, the terms ‘assistive tech-
nology’ and ‘assistive technology device’ have the meaning given 
those terms in section 3 of the Assistive Technology Act of 1998 
(29 U.S.C. 3002).’’.