(a) Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
(b) Upon making a determination under subsection (a) as to the merits of approving the award or presentation of the decoration, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed discussion of the rationale supporting the determination. If the determination includes a favorable recommendation for the award of the Medal of Honor, the Secretary of Defense, instead of the Secretary concerned, shall make the submission under this subsection.
(c) Determinations under this section regarding the award or presentation of a decoration shall be made in accordance with the same procedures that apply to the approval or disapproval of the award or presentation of a decoration when a recommendation for such award or presentation is submitted in a timely manner as prescribed by law or regulation.
(d) In this section:
(1) The term "Member of Congress" means—
(A) a Senator; or
(B) a Representative in, or a Delegate or Resident Commissioner to, Congress.
(2) The term "decoration" means any decoration or award that may be presented or awarded to a member or unit of the armed forces.
Amendments
2011—Subsec. (b). Pub. L. 112–81 inserted at end "If the determination includes a favorable recommendation for the award of the Medal of Honor, the Secretary of Defense, instead of the Secretary concerned, shall make the submission under this subsection."
2003—Pub. L. 108–136, §1031(a)(10)(B), struck out "and recommendation" after "review" in section catchline.
Subsec. (a). Pub. L. 108–136, §1031(a)(10)(A)(i), struck out "and the other determinations necessary to comply with subsection (b)" after "of the decoration".
Subsec. (b). Pub. L. 108–136, §1031(a)(10)(A)(ii), substituted "to the requesting Member of Congress a detailed discussion of the rationale supporting the determination." for "to the requesting member of Congress notice in writing of one of the following:
"(1) The award or presentation of the decoration does not warrant approval on the merits.
"(2) The award or presentation of the decoration warrants approval and a waiver by law of time restrictions prescribed by law is recommended.
"(3) The award or presentation of the decoration warrants approval on the merits and has been approved as an exception to policy.
"(4) The award or presentation of the decoration warrants approval on the merits, but a waiver of the time restrictions prescribed by law or policy is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary."
1999—Subsec. (b). Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.
Eligibility for Armed Forces Expeditionary Medal for Participation in Operation Joint Endeavor or Operation Joint Guard
Pub. L. 105–85, div. A, title V, §572, Nov. 18, 1997, 111 Stat. 1756, provided that:
"(a)
"(b)
"(1) was deployed in the Republic of Bosnia and Herzegovina, or in such other area in the region as the Secretary of Defense considers appropriate, in direct support of one or both of the operations;
"(2) served on board a United States naval vessel operating in the Adriatic Sea in direct support of one or both of the operations; or
"(3) operated in airspace above the Republic of Bosnia and Herzegovina, or in such other area in the region as the Secretary of Defense considers appropriate, while the operations were in effect.
"(c)
"(1) The term 'Operation Joint Endeavor' means operations of the United States Armed Forces conducted in the Republic of Bosnia and Herzegovina during the period beginning on November 20, 1995, and ending on December 20, 1996, to assist in implementing the General Framework Agreement and Associated Annexes, initialed on November 21, 1995, in Dayton, Ohio.
"(2) The term 'Operation Joint Guard' means operations of the United States Armed Forces conducted in the Republic of Bosnia and Herzegovina as a successor to Operation Joint Endeavor during the period beginning on December 20, 1996, and ending on such date as the Secretary of Defense may designate."
Eligibility of Certain World War II Military Organizations for Award of Unit Decorations
Pub. L. 105–85, div. A, title V, §576, Nov. 18, 1997, 111 Stat. 1758, authorized award of a unit decoration for any unit or other organization of the Armed Forces that had supported the planning or execution of combat operations during World War II primarily through unit personnel who had been attached to other units of the Armed Forces or of other allied armed forces, and that had not been otherwise eligible for award of the decoration by reason of not usually having been deployed as a unit in support of such operations, and required that any recommendation for such an award be submitted to the Secretary concerned not later than two years after Nov. 18, 1997.
Authority To Award Decorations Recognizing Acts of Valor Performed in Combat During the Vietnam Conflict
Pub. L. 104–106, div. A, title V, §522, Feb. 10, 1996, 110 Stat. 310, provided that:
"(a)
"(1) The Ia Drang Valley (Pleiku) campaign, carried out by the Armed Forces in the Ia Drang Valley of Vietnam from October 23, 1965, to November 26, 1965, is illustrative of the many battles during the Vietnam conflict which pitted forces of the United States against North Vietnamese Army regulars and Viet Cong in vicious fighting.
"(2) Accounts of those battles that have been published since the end of that conflict authoritatively document numerous and repeated acts of extraordinary heroism, sacrifice, and bravery on the part of members of the Armed Forces, many of which have never been officially recognized.
"(3) In some of those battles, United States military units suffered substantial losses, with some units sustaining casualties in excess of 50 percent.
"(4) The incidence of heavy casualties throughout the Vietnam conflict inhibited the timely collection of comprehensive and detailed information to support recommendations for awards recognizing acts of heroism, sacrifice, and bravery.
"(5) Subsequent requests to the Secretaries of the military departments for review of award recommendations for such acts have been denied because of restrictions in law and regulations that require timely filing of such recommendations and documented justification.
"(6) Acts of heroism, sacrifice, and bravery performed in combat by members of the Armed Forces deserve appropriate and timely recognition by the people of the United States.
"(7) It is appropriate to recognize acts of heroism, sacrifice, or bravery that are belatedly, but properly, documented by persons who witnessed those acts.
"(b)
"(2) Paragraph (1) applies to any decoration (including any device in lieu of a decoration) that, during or after the Vietnam era and before the date of the enactment of this Act [Feb. 10, 1996], was authorized by law or under regulations of the Department of Defense or the military department concerned to be awarded to members of the Armed Forces for acts of valor.
"(c)
"(2) The Secretaries shall begin the review within 30 days after the date of the enactment of this Act and shall complete the review of each request for consideration not later than one year after the date on which the request is received.
"(3) The Secretary may use the same process for carrying out the review as the Secretary uses for reviewing other recommendations for award of decorations to members of the Armed Forces under the Secretary's jurisdiction for valorous acts.
"(d)
"(2) The report shall include, with respect to each request for consideration received, the following information:
"(A) A summary of the request for consideration.
"(B) The findings resulting from the review.
"(C) The final action taken on the request for consideration.
"(e)
"(1) The term 'Vietnam era' has the meaning given that term in section 101 of title 38, United States Code.
"(2) The term 'active duty' has the meaning given that term in section 101 of title 10, United States Code."
Military Intelligence Personnel Prevented by Secrecy From Being Considered for Decorations and Awards
Pub. L. 104–106, div. A, title V, §523, Feb. 10, 1996, 110 Stat. 311, as amended by Pub. L. 105–85, div. A, title V, §575, Nov. 18, 1997, 111 Stat. 1758, provided that:
"(a)
"(2) Paragraph (1) applies to any decoration (including any device in lieu of a decoration) that, during or after the period described in paragraph (1) and before the date of the enactment of this Act [Feb. 10, 1996], was authorized by law or under the regulations of the Department of Defense or the military department concerned to be awarded to a person for an act, achievement, or service performed by that person while serving on active duty.
"(b)
"(2) The Secretaries shall begin the review within 30 days after the date of the enactment of this Act and shall complete the review of each request for consideration not later than one year after the date on which the request is received.
"(3) The Secretary may use the same process for carrying out the review as the Secretary uses for reviewing other recommendations for awarding decorations to members of the Armed Forces under the Secretary's jurisdiction for acts, achievements, or service.
"(c)
"(2) The report shall include, with respect to each request for consideration reviewed, the following information:
"(A) A summary of the request for consideration.
"(B) The findings resulting from the review.
"(C) The final action taken on the request for consideration.
"(D) Administrative or legislative recommendations to improve award procedures with respect to military intelligence personnel.
"(d)
Eligibility for Armed Forces Expeditionary Medal Based Upon Service in El Salvador
Section 525 of Pub. L. 104–106 provided that:
"(a)
"(b)