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‘‘(A) performed active duty or inactive 
duty training as an enlisted member during the 
Cold War; 
‘‘(B) completed the person’s initial term of 
enlistment or, if discharged before completion of 
such initial term of enlistment, was honorably 
discharged after completion of not less than 
180 days of service on active duty; and 
‘‘(C) has not received a discharge less fa-
vorable than an honorable discharge or a re-
lease from active duty with a characterization 
of service less favorable than honorable. 
‘‘(2) A person who—
‘‘(A) performed active duty or inactive 
duty training as a commissioned officer or war-
rant officer during the Cold War; 
‘‘(B) completed the person’s initial service 
obligation as an officer or, if discharged or sep-
arated before completion of such initial service 
obligation, was honorably discharged after com-
pletion of not less than 180 days of service on 
active duty; and 
‘‘(C) has not been released from active 
duty with a characterization of service less fa-
vorable than honorable and has not received a
159
discharge or separation less favorable than an 
honorable discharge. 
‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 
Cold War Victory Medal may be issued to any person. 
‘‘(d) ISSUANCE
TO
REPRESENTATIVE
OF
DE-
CEASED.—If a person described in subsection (b) dies be-
fore being issued the Cold War Victory Medal, the medal 
shall be issued to the person’s representative, as des-
ignated by the Secretary concerned. 
‘‘(e) REPLACEMENT.—Under regulations prescribed 
by the Secretary concerned, a Cold War Victory 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. 
‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic-
tory Medal shall be issued upon receipt by the Secretary 
concerned of an application for such medal, submitted in 
accordance with such regulations as the Secretary pre-
scribes. 
‘‘(g) UNIFORM REGULATIONS.—The Secretary of De-
fense shall ensure that regulations prescribed by the Sec-
retaries of the military departments under this section are 
uniform so far as is practicable.
160
‘‘(h) DEFINITION.—In this section, the term ‘Cold 
War’ means the period beginning on September 2, 1945, 
and ending at the end of December 26, 1991.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘1135. Cold War Victory Medal.’’.
SEC. 553. POSTHUMOUS AWARD OF PURPLE HEART FOR 
PRISONERS OF WAR WHO DIE IN OR DUE TO 
CAPTIVITY. 
(a) DECEASED POWS NOT OTHERWISE ELIGIBLE 
FOR PURPLE HEART.—Chapter 57 of title 10, United 
States Code, is amended by adding after section 1135, as 
added by section 552(a), the following new section: 
‘‘§ 1136. Purple Heart: posthumous award for pris-
oners of war or former prisoners of war 
dying in or due to captivity 
‘‘(a) For purposes of the award of the Purple Heart, 
the Secretary concerned shall treat a death described in 
subsection (b) in the same manner as the death of a mem-
ber of the armed forces in action as the result of an act 
of an enemy of the United States. 
‘‘(b) A death described in this subsection is either of 
the following: 
‘‘(1) The death of a member of the armed 
forces who dies in captivity under circumstances es-
161
tablishing eligibility for the prisoner-of-war medal 
under section 1128 of this title but under cir-
cumstances not otherwise establishing eligibility for 
the Purple Heart. 
‘‘(2) The death of a member or former member 
of the armed forces who following captivity as a pris-
oner of war is issued the prisoner-of-war medal 
under section 1128 of this title and who dies due to 
a disease or disability that was incurred during that 
captivity, unless the member or former member re-
ceived a Purple Heart due to the injury or condi-
tions resulting in that disease or disability. 
‘‘(c) The Secretary of Defense shall prescribe regula-
tions for determining eligibility for the Purple Heart 
under this section. Such regulations shall include criteria 
for the determination under paragraph (2) of subsection 
(b) of whether a death is due to a disease or disability 
incurred while a prisoner of war. 
‘‘(d) This section applies to any member of the armed 
forces who is held as a prisoner of war after December 
7, 1941.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
after the item relating to section 1135, as added by section 
552(b), the following new item:
162
‘‘1136. Purple Heart: posthumous award for prisoners of war or former pris-
oners of war dying in or due to captivity.’’.
(c) RETROACTIVE AWARDS.—In the case of a mem-
ber or former member of the Armed Forces covered by 
section 1135 of title 10, United States Code, whose death 
is before the date of the enactment of this Act, the Sec-
retary concerned shall award the Purple Heart under that 
section upon receipt of an application that is made to the 
Secretary in such manner, and containing such informa-
tion, as the Secretary requires. 
SEC. 554. ADVANCEMENT ON THE RETIRED LIST OF CER-
TAIN DECORATED RETIRED NAVY AND MA-
RINE CORPS OFFICERS. 
(a) ADVANCEMENT ON RETIRED LIST.—The Sec-
retary of the Navy shall, upon receipt of a qualifying appli-
cation, advance on the retired list of the Navy or Marine 
Corps, as applicable, any retired officer of the Navy or 
Marine Corps described in subsection (b). Each such offi-
cer shall be advanced to the next higher grade above the 
officer’s retired grade as of the day before the date of the 
enactment of this Act. 
(b) COVERED OFFICERS.—Subsection (a) applies to 
any retired officer of the Navy or Marine Corps—
(1) who was eligible to retire before November 
1, 1959, but who retired on or after that date; and
163
(2) who, under the provisions of law in effect 
before November 1, 1959, would have been eligible, 
by reason of having been specifically commended for 
performance of duty in actual combat, to have been 
retired in the next higher grade if the officer had re-
tired before that date. 
(c) QUALIFYING APPLICATION.—A qualifying appli-
cation is an application from an officer described in sub-
section (b) or, in the case of a deceased officer, the sur-
viving spouse or another immediate family member (as de-
termined by the Secretary) of the officer, that—
(1) requests advancement on the retired list 
under this section; and 
(2) provides such information as the Secretary 
may require. 
(d) EFFECT OF ADVANCEMENT ON RETIRED LIST.—
The advancement of an officer on the retired list pursuant 
to subsection (a) shall not affect—
(1) in the case of a retired office who is living 
as of the date of the enactment of this Act, the re-
tired pay or other benefits of the officer or the grade 
in which the officer could be ordered or recalled to 
active duty; and 
(2) any benefit to which any other person is or 
may become entitled based upon the officer’s service.
164
SEC. 555. REPORT ON DEPARTMENT OF DEFENSE PROCESS 
FOR AWARDING DECORATIONS. 
(a) REVIEW.—The Secretary of Defense shall con-
duct 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, the Sec-
retary shall determine how long the award process takes—
(1) from the time a recommendation for the 
award of a decoration is submitted until the time the 
award of the decoration is approved; and 
(2) from the time award of a decoration is ap-
proved until the time when the decoration is pre-
sented to the recipient. 
(c) RESERVE COMPONENTS.—In conducting the re-
view, the Secretary shall ensure that the timeliness of the 
awards process for members of the reserve components is 
the same or similar as that for members of the active com-
ponents. 
(d) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Rep-
resentatives a report containing the Secretary’s findings 
as a result of the review under subsection (a), together 
with a plan for implementing whatever changes are deter-
165
mined to be appropriate to the process for awarding deco-
rations in order to ensure that decorations are awarded 
in a timely manner, to the extent practicable. 
Subtitle G—Matters Relating to 
Casualties 
SEC. 561. CRITERIA FOR REMOVAL OF MEMBER FROM TEM-
PORARY DISABILITY RETIRED LIST. 
(a) CRITERIA.—Section 1210(e) of title 10, United 
States Code, is amended by inserting ‘‘of a permanent na-
ture and stable and is’’ after ‘‘physical disability’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any case received for consid-
eration by a physical evaluation board after the date of 
the enactment of this Act. 
SEC. 562. DEPARTMENT OF DEFENSE COMPUTER/ELEC-
TRONIC ACCOMMODATIONS PROGRAM FOR 
SEVERELY WOUNDED MEMBERS. 
(a) IN GENERAL.—Chapter 58 of title 10, United 
States Code, is amended by inserting after section 1150 
the following new section: 
‘‘§ 1151. Severely wounded members: assistive tech-
nology and services 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
provide assistive technology, assistive technology devices, 
and assistive technology services, as those terms are de-
166
fined in section 3 of the Assistive Technology Act of 1998 
(29 U.S.C. 3002), to a member of the armed forces who 
has sustained a severe or debilitating illness or injury 
while serving in support of a contingency operation. 
‘‘(b) DURATION AND PROVISION OF TECHNOLOGY 
AND SERVICES.—The Secretary may provide technology 
and services authorized by subsection (a) for an indefinite 
period, without regard to whether the person assisted con-
tinues to be a member of the armed forces. 
‘‘(c) AUTHORITY
TO ALLOW RETENTION
OF DE-
VICES, ETC.—Upon the separation from active service of 
a member who has been provided assistance as specified 
in subsection (a), the Secretary may allow the member to 
retain any assistive technology, device, or service provided 
to the member before the member’s separation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1150 the following new 
item:
‘‘1151. Severely wounded members: assistive technology and services.’’.
SEC. 563. TRANSPORTATION OF REMAINS OF CASUALTIES 
DYING IN A THEATER OF COMBAT OPER-
ATIONS. 
(a) IN GENERAL.—The Secretary concerned shall 
provide transportation of the remains of a member of the 
Armed Forces who dies in a combat theater of operations
167
and whose remains are returned to the United States 
through the mortuary facility at Dover Air Force Base, 
Delaware, in accordance with section 1482(a)(8) of title 
10, United States Code, and this section. 
(b) ESCORT.—The Secretary concerned shall ensure 
that such remains are escorted under that section at all 
times by at least one person, who shall be a member of 
the Armed Forces of appropriate grade. 
(c) AIR TRANSPORTATION FROM DOVER AFB.—
(1) USE OF MILITARY AIRCRAFT.—If transpor-
tation of remains described in subsection (a) from 
Dover Air Force Base to the escorted remains des-
tination includes transportation by aircraft, such 
transportation by aircraft (unless otherwise directed 
by the next-of-kin) shall be made by military aircraft 
or military-contracted aircraft to the military airfield 
that is closest to the escorted remains destination. 
In the case of any such flight, the exclusive mission 
of the flight shall be the transportation of those re-
mains. 
(2) ESCORTED REMAINS DESTINATION.—In this 
subsection, the term ‘‘escorted remains destination’’ 
means the place to which remains are to be trans-
ported pursuant to section 1482(a)(8) of title 10, 
United States Code.
168
(d) HONOR GUARD ESCORT.—In a case of the trans-
portation of remains covered by subsection (a), there shall 
be a military escort (in addition to the escort under sub-
section (b)) that either travels with the remains from 
Dover Air Force Base or meets the remains at the place 
to which transportation by air (or by rail or motor vehicle, 
if applicable) is made. Such escort shall be of sufficient 
number to transfer the casket containing the remains from 
the aircraft (or other means of transportation to that 
place) to a hearse for local transportation. Such escort 
shall remain with the remains until the remains are deliv-
ered to the next-of-kin. Such escort shall consist of mem-
bers of the Armed Forces on active duty or in the Ready 
Reserve. 
SEC. 564. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/
MIA ACTIVITIES OF DEPARTMENT OF DE-
FENSE. 
(a) 
CONSOLIDATED
BUDGET
JUSTIFICATION.—
Chapter 9 of title 10, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 234. POW/MIA activities: display of budget infor-
mation 
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUS-
TIFICATION DOCUMENTS.—The Secretary of Defense shall 
submit to Congress, as a part of the defense budget mate-
169
rials for a fiscal year, a consolidated budget justification 
display, in classified and unclassified form, that covers all 
programs and activities of Department of Defense POW/
MIA accounting and recovery organizations. 
‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The 
budget display under subsection (a) for a fiscal year shall 
include the following for each such organization: 
‘‘(1) The amount, by appropriation and func-
tional area, originally requested by that organization 
for that fiscal year, with the supporting narrative 
describing the rationale for the requested funding 
level. 
‘‘(2) A summary of actual or estimated expendi-
tures by that organization for the fiscal year during 
which the budget is submitted and for the fiscal year 
preceding that year. 
‘‘(3) The amount in the budget for that organi-
zation. 
‘‘(4) A detailed explanation of any inconsist-
encies between the amount originally requested by 
the organization (shown pursuant to paragraph (1)) 
and the amount in the budget for that organization 
(shown pursuant to paragraph (3)).