Medal of Honor review procedures and reconsideration and upgrade requirements

(a) Army Chapter 737 of title 10, United States Code, is amended by inserting after section 7274 the following new section: 7274a. Medal of Honor: review procedures; reconsideration and upgrade requirements (a) Review responsibilities (1) The Secretary of the Army is responsible for establishing and maintaining procedures for the review of Medal of Honor recommendations submitted pursuant to this chapter, including recommendations submitted within statutory time limits under section 7274(b) of this title, recommendations lost or not acted upon due to inadvertence under section 7274(c) of this title, and recommendations submitted pursuant to section 1130 of this title upon request of a Member of Congress. (2) Each Medal of Honor recommendation forwarded by the Secretary of the Army to the Secretary of Defense shall— (A) include the recommendation of an independent board of review convened specifically to consider the award of the proposed Medal of Honor; (B) contain the recommendation of the Secretary of the Army; (C) include the recommendation of the Chief of Staff of the Army; and (D) contain incontestable proof that the member distinguished himself or herself in accordance with the requirements of section 7271 of this title. (3) Upon receipt of a Medal of Honor recommendation, the Secretary of Defense shall— (A) obtain the advisory recommendation of the Chairman of the Joint Chiefs of Staff on the merits of the nomination; and (B) for nominations submitted within the time limits prescribed by section 7274(b) of this title, or for actions arising from ongoing combat or military operations, obtain through the Chairman of the Joint Chiefs of Staff the advisory recommendation of the applicable combatant commander. (4) The Secretary of Defense shall include the Secretary's recommendation to the President for any Medal of Honor recommendation determined to satisfy the criteria in section 7271 of this title. (b) Standards for reconsideration and upgrade (1) Notwithstanding any other provision of this chapter, reconsideration of a previously reviewed Medal of Honor nomination, or upgrade of a previously approved award to the Medal of Honor, may be initiated only upon a showing of— (A) new, substantive, and material evidence that was not available at the time of the original recommendation and that was not previously considered by the awarding authority; or (B) material error or impropriety in the processing or adjudication of the original recommendation, including loss of substantiating documents or witness statements during original routing, clearly incorrect application of official policy, or substantiated discrimination based on race, sex, or religion, provided that any such conclusion is supported by a preponderance of the evidence. (2) Information that adds detail to facts already presented in the original recommendation, but is not new, substantive, or material, does not satisfy the requirement under paragraph (1)(A) for new, substantive, and material evidence. (3) Authority to determine whether the requirements of paragraph (1) have been satisfied is as follows: (A) The Secretary of Defense shall determine whether material error or impropriety existed in any prior award case adjudicated within the Office of the Secretary of Defense. This authority may not be delegated. (B) The Secretary of the Army shall determine whether material error or impropriety existed in any case previously adjudicated within the Department of the Army. This authority may not be delegated. (c) Rule of construction Nothing in this section shall be construed to limit the authority of the President to award the Medal of Honor pursuant to section 7271 of this title or to modify the time limitations established in section 7274 of this title except as provided herein.. (b) Navy and Marine Corps Chapter 837 of title 10, United States Code, is amended by inserting after section 8298 the following new section: 8299. Medal of Honor: review procedures; reconsideration and upgrade requirements (a) Review responsibilities (1) The Secretary of the Navy is responsible for establishing and maintaining procedures for the review of Medal of Honor recommendations submitted pursuant to this chapter, including recommendations submitted within statutory time limits under section 8298 (a) of this title, recommendations lost or not acted upon due to inadvertence under section 8298(b) of this title, and recommendations submitted pursuant to section 1130 of this title upon request of a Member of Congress. (2) Each Medal of Honor recommendation forwarded by the Secretary of the Navy to the Secretary of Defense shall— (A) include the recommendation of an independent board of review convened specifically to consider the award of the proposed Medal of Honor; (B) contain the recommendation of the Secretary of the Navy; (C) include the recommendation of the Chief of Staff of the Navy; and (D) contain incontestable proof that the member distinguished himself or herself in accordance with the requirements of section 8291 of this title. (3) Upon receipt of a Medal of Honor recommendation, the Secretary of Defense shall— (A) obtain the advisory recommendation of the Chairman of the Joint Chiefs of Staff on the merits of the nomination; and (B) for nominations submitted within the time limits prescribed by section 8298(a) of this title, or for actions arising from ongoing combat or military operations, obtain through the Chairman of the Joint Chiefs of Staff the advisory recommendation of the applicable combatant commander. (4) The Secretary of Defense shall include the Secretary's recommendation to the President for any Medal of Honor recommendation determined to satisfy the criteria in section 8291 of this title. (b) Standards for reconsideration and upgrade (1) Notwithstanding any other provision of this chapter, reconsideration of a previously reviewed Medal of Honor nomination, or upgrade of a previously approved award to the Medal of Honor, may be initiated only upon a showing of— (A) new, substantive, and material evidence that was not available at the time of the original recommendation and that was not previously considered by the awarding authority; or (B) material error or impropriety in the processing or adjudication of the original recommendation, including loss of substantiating documents or witness statements during original routing, clearly incorrect application of official policy, or substantiated discrimination based on race, sex, or religion, provided that any such conclusion is supported by a preponderance of the evidence. (2) Information that adds detail to facts already presented in the original recommendation, but is not new, substantive, or material, does not satisfy the requirement under paragraph (1)(A) for new, substantive, and material evidence. (3) Authority to determine whether the requirements of paragraph (1) have been satisfied is as follows: (A) The Secretary of Defense shall determine whether material error or impropriety existed in any prior award case adjudicated within the Office of the Secretary of Defense. This authority may not be delegated. (B) The Secretary of the Navy shall determine whether material error or impropriety existed in any case previously adjudicated within the Department of the Navy. This authority may not be delegated. (c) Rule of construction Nothing in this section shall be construed to limit the authority of the President to award the Medal of Honor pursuant to section 8291 of this title or to modify the time limitations established in section 8298 of this title except as provided herein.. (c) Air Force Chapter 937 of title 10, United States Code, is amended by inserting after section 9274 the following new section: 9274a. Medal of Honor: review procedures; reconsideration and upgrade requirements (a) Review responsibilities (1) The Secretary of the Air Force is responsible for establishing and maintaining procedures for the review of Medal of Honor recommendations submitted pursuant to this chapter, including recommendations submitted within statutory time limits under section 9274(b) of this title, recommendations lost or not acted upon due to inadvertence under section 9274(c) of this title, and recommendations submitted pursuant to section 1130 of this title upon request of a Member of Congress. (2) Each Medal of Honor recommendation forwarded by the Secretary of the Air Force to the Secretary of Defense shall— (A) include the recommendation of an independent board of review convened specifically to consider the award of the proposed Medal of Honor; (B) contain the recommendation of the Secretary of the Air Force; (C) include the recommendation of the Chief of Staff of the Air Force; and (D) contain incontestable proof that the member distinguished himself or herself in accordance with the requirements of section 9271 of this title. (3) Upon receipt of a Medal of Honor recommendation, the Secretary of Defense shall— (A) obtain the advisory recommendation of the Chairman of the Joint Chiefs of Staff on the merits of the nomination; and (B) for nominations submitted within the time limits prescribed by section 9274(b) of this title, or for actions arising from ongoing combat or military operations, obtain through the Chairman of the Joint Chiefs of Staff the advisory recommendation of the applicable combatant commander. (4) The Secretary of Defense shall include the Secretary's recommendation to the President for any Medal of Honor recommendation determined to satisfy the criteria in section 9271 of this title. (b) Standards for reconsideration and upgrade (1) Notwithstanding any other provision of this chapter, reconsideration of a previously reviewed Medal of Honor nomination, or upgrade of a previously approved award to the Medal of Honor, may be initiated only upon a showing of— (A) new, substantive, and material evidence that was not available at the time of the original recommendation and that was not previously considered by the awarding authority; or (B) material error or impropriety in the processing or adjudication of the original recommendation, including loss of substantiating documents or witness statements during original routing, clearly incorrect application of official policy, or substantiated discrimination based on race, sex, or religion, provided that any such conclusion is supported by a preponderance of the evidence. (2) Information that adds detail to facts already presented in the original recommendation, but is not new, substantive, or material, does not satisfy the requirement under paragraph (1)(A) for new, substantive, and material evidence. (3) Authority to determine whether the requirements of paragraph (1) have been satisfied is as follows: (A) The Secretary of Defense shall determine whether material error or impropriety existed in any prior award case adjudicated within the Office of the Secretary of Defense. This authority may not be delegated. (B) The Secretary of the Air Force shall determine whether material error or impropriety existed in any case previously adjudicated within the Department of the Air Force. This authority may not be delegated. (c) Rule of construction Nothing in this section shall be construed to limit the authority of the President to award the Medal of Honor pursuant to section 9271 of this title or to modify the time limitations established in section 9274 of this title except as provided herein..