Remove the Stain Act
- Bill Number
- H.R. 3609
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-05-23: Referred to the House Committee on Armed Services.
- Last Updated
- 2026-01-21T09:05:43Z
AI-Generated Summary
Purpose of the Legislation
The "Remove the Stain Act" (H.R. 3609) aims to revoke the 20 Medals of Honor awarded to U.S. Army soldiers for their actions during the Wounded Knee Massacre on December 29, 1890. It recognizes the event as a tragic massacre of unarmed Lakota Native Americans, including women and children, rather than acts of gallantry deserving of the nation's highest military honor. The bill seeks to preserve the integrity of the Medal of Honor by removing recognition of what it describes as a disservice to U.S. values.
Key Provisions
- Short Title: The act is named the "Remove the Stain Act."
- Findings Section: Congress outlines historical context, including:
- The Medal of Honor's prestige and rarity (awarded only 3,547 times total).
- Details of the Wounded Knee Massacre: U.S. 7th Cavalry's engagement with Lakota people led by Chief Spotted Elk, resulting in 350–375 deaths, mostly unarmed women and children during a ceremonial event.
- Military errors, such as friendly fire causing most U.S. casualties, and contemporary criticisms (e.g., from General Nelson A. Miles calling it a "wholesale massacre").
- Requests from Native American groups, like the Cheyenne River Sioux Tribe (2001) and National Congress of American Indians (2007), to revoke the medals.
- Argument that retaining the awards undermines the medal's purpose and U.S. integrity.
- Rescission of Medals: All 20 Medals of Honor for actions at Wounded Knee Creek (on the Lakota Pine Ridge Indian Reservation, South Dakota) are officially revoked.
- Update to Records: The relevant Secretary (e.g., of the Army) must remove the recipients' names from the official Medal of Honor Roll maintained under U.S. law (10 U.S.C. § 1134a).
- No Return Required: Recipients or their families do not have to physically return the medals to the government.
- Preservation of Benefits: The revocation does not affect any federal benefits (e.g., pensions or healthcare) tied to the medal for recipients or their descendants.
Significant Changes to Existing Law
- This bill introduces the first legislative rescission of Medals of Honor specifically for the Wounded Knee events, altering historical military records and the symbolic value of the awards.
- It amends the maintenance of the Medal of Honor Roll by mandating removals, which previously honored these 20 soldiers without such congressional revocation.
- No prior law explicitly addressed revoking medals for events deemed massacres; this sets a precedent for reevaluating awards based on modern historical assessments of past conflicts.
Potential Impacts
- On Government Agencies: The Department of Defense and Armed Services branches (e.g., Army) must update official rolls and records, potentially involving administrative reviews of historical awards. This could lead to symbolic gestures, like public acknowledgments, but incurs minimal direct costs since no benefits are revoked.
- On Citizens: Native American communities, particularly Lakota and Sioux tribes, may experience a sense of historical justice and closure, addressing long-standing grievances over the massacre. Military veterans and families of the original recipients could face emotional or reputational impacts, though financial benefits remain intact.
- On International Relations: Limited direct effects, but it could enhance the U.S. image regarding indigenous rights and historical accountability, potentially influencing diplomatic discussions on Native American sovereignty or global human rights narratives.
Main Stakeholders Affected
- Native American Tribes and Communities: Lakota people, Great Sioux Nation (e.g., Cheyenne River Sioux Tribe), and organizations like the National Congress of American Indians, who advocated for the revocation to honor massacre victims.
- Military Personnel and Descendants: The 20 original recipients (deceased) and their families, whose honors are removed but benefits preserved; current and future service members, as the change upholds the medal's standards.
- U.S. Government and Congress: The House Committee on Armed Services (where the bill was referred) and executive branches handling military records.
- Historians and the Public: Broader U.S. society, as it reframes a key event in American history from "battle" to "massacre."
Notable Legal, Constitutional, or Political Implications
- Legal: The bill operates within Congress's authority to award (and thus revoke) Medals of Honor "in the name of Congress," without requiring physical return or affecting vested benefits, avoiding potential due process challenges under the Fifth Amendment (which protects against deprivation of property without fair procedures).
- Constitutional: No direct conflicts, but it invokes Congress's war powers and oversight of the military (Article I, Section 8), emphasizing reconciliation over punishment.
- Political: Highlights ongoing efforts to address historical injustices against Native Americans, potentially sparking debates on revisiting other military honors (e.g., from 19th-century Indian Wars). It carries symbolic weight in promoting national healing but could divide opinions on military legacy versus indigenous perspectives.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Rep. Huffman, Jared [D-CA-2], Rep. McCollum, Betty [D-MN-4], Rep. Khanna, Ro [D-CA-17], Rep. Davids, Sharice [D-KS-3], Rep. Quigley, Mike [D-IL-5], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Craig, Angie [D-MN-2], Rep. Pingree, Chellie [D-ME-1], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Friedman, Laura [D-CA-30], Rep. Randall, Emily [D-WA-6]
Recent Actions
- 2025-05-23: Referred to the House Committee on Armed Services.
- 2025-05-23: Introduced in House
- 2025-05-23: Introduced in House
Bill Versions
- Remove the Stain Act — issued 2025-05-23 — PDF (6 pages)