146 
(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 was awarded the Medal of 
Honor before that date. 
(2) SURVIVORS OF DECEASED RECIPIENTS.—The 
President shall provide for posthumous presentation 
of the Medal of Honor Flag, upon written application 
therefor, to the primary next of kin of any 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)). For purposes of this paragraph, the 
primary next-of-kin is the person who would be enti-
tled to receive the award of the Medal of Honor for 
such deceased individual if the award were being 
made posthumously at the time of the presentation of 
the Medal of Honor Flag. 
(3) MEDAL OF HONOR FLAG.—In this subsection, 
the term ‘‘Medal of Honor Flag’’ means the flag des-
ignated under section 903 of title 36, United States 
Code. 
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147 
SEC. 552. COLD WAR VICTORY MEDAL. 
(a) AUTHORITY.—Chapter 57 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 1135. Cold War Victory Medal 
‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned 
shall issue a service medal, to be known as the ‘Cold War 
Victory Medal’, to persons eligible to receive the medal 
under subsection (b). The Cold War Victory Medal shall be 
of an appropriate design approved by the Secretary of De-
fense, with ribbons, lapel pins, and other appurtenances. 
‘‘(b) ELIGIBLE PERSONS.—The following persons are 
eligible to receive the Cold War Victory Medal: 
‘‘(1) A person who— 
‘‘(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 favor-
able than an honorable discharge or a release 
from active duty with a characterization of serv-
ice less favorable than honorable. 
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148 
‘‘(2) A person who— 
‘‘(A) performed active duty or inactive duty 
training as a commissioned officer or warrant 
officer during the Cold War; 
‘‘(B) completed the person’s initial service 
obligation as an officer or, if discharged or sepa-
rated before completion of such initial service ob-
ligation, was honorably discharged after comple-
tion 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 favorable 
than honorable and has not received a 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 DECEASED.— 
If a person described in subsection (b) dies before being 
issued the Cold War Victory Medal, the medal shall be 
issued to the person’s representative, as designated 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 
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149 
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 Secre-
taries of the military departments under this section are 
uniform so far as is practicable. 
‘‘(h) DEFINITION.—In this section, the term ‘Cold War’ 
means the period beginning on September 2, 1945, and end-
ing 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: 
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150 
‘‘§ 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 sub-
section (b) in the same manner as the death of a member 
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 estab-
lishing eligibility for the prisoner-of-war medal under 
section 1128 of this title but under circumstances 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 dis-
ease or disability that was incurred during that cap-
tivity, unless the member or former member received 
a Purple Heart due to the injury or conditions result-
ing 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 
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151 
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: 
‘‘1136. Purple Heart: posthumous award for prisoners of war or former prisoners 
of war dying in or due to captivity.’’. 
(c) RETROACTIVE AWARDS.—In the case of a member 
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 Secretary con-
cerned 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 information, 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 Secretary 
of the Navy shall, upon receipt of a qualifying application, 
advance on the retired list of the Navy or Marine Corps, 
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152 
as applicable, any retired officer of the Navy or Marine 
Corps described in subsection (b). Each such officer shall 
be advanced to the next higher grade above the officer’s re-
tired 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 
(2) who, under the provisions of law in effect be-
fore November 1, 1959, would have been eligible, by 
reason of having been specifically commended for per-
formance of duty in actual combat, to have been re-
tired in the next higher grade if the officer had retired 
before that date. 
(c) QUALIFYING APPLICATION.—A qualifying applica-
tion is an application from an officer described in sub-
section (b) or, in the case of a deceased officer, the surviving 
spouse or another immediate family member (as determined 
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. 
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153 
(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 retired 
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. 
SEC. 555. 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 mili-
tary 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 presented 
to the recipient. 
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154 
(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 compo-
nents. 
(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 Representa-
tives 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 determined to be appro-
priate to the process for awarding decorations 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 sub-
section (a) shall apply to any case received for consider-
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155 
ation 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 pro-
vide assistive technology, assistive technology devices, and 
assistive technology services, as those terms are defined 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 pe-
riod, without regard to whether the person assisted con-
tinues to be a member of the armed forces. 
‘‘(c) AUTHORITY TO ALLOW RETENTION OF DEVICES, 
ETC.—Upon the separation from active service of a member 
who has been provided assistance as specified in subsection 
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156 
(a), the Secretary may allow the member to retain any as-
sistive 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 pro-
vide transportation of the remains of a member of the 
Armed Forces who dies in a combat theater of operations 
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 destina-
tion includes transportation by aircraft, such trans-
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