Remove the Stain Act
- Bill Number
- S. 1915
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-05-22: Read twice and referred to the Committee on Armed Services.
- Last Updated
- 2025-12-05T21:47:18Z
AI-Generated Summary
Purpose
The "Remove the Stain Act" (S. 1915) aims to revoke the 20 Medals of Honor awarded to U.S. Army soldiers of the 7th Cavalry for their actions during the Wounded Knee Massacre on December 29, 1890. The bill argues that these awards dishonor the Medal of Honor's prestige, as the event involved the killing of approximately 350-375 unarmed Lakota men, women, and children, rather than acts of gallantry. It seeks to restore integrity to the award and acknowledge the historical atrocity against Native Americans.
Key Provisions
- Rescission of Medals: All Medals of Honor given for participation in the events at Wounded Knee Creek, on the Lakota Pine Ridge Indian Reservation in South Dakota, are officially revoked.
- Removal from Honor Roll: The Secretary of the relevant military branch (e.g., Army) must remove the names of these 20 recipients from the official Medal of Honor Roll, maintained under U.S. law (10 U.S.C. § 1134a).
- No Return Required: Recipients or their descendants 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) that recipients or their families may receive.
The bill includes detailed findings documenting the massacre, including historical accounts of friendly fire among U.S. troops, the use of heavy artillery against unarmed civilians, and prior calls from Native American tribes and leaders to revoke the awards.
Significant Changes to Existing Law
- This introduces the first legislative rescission of Medals of Honor en masse for a specific historical event, targeting awards from 1891 without revoking all Indian Wars-era medals.
- It amends the administration of the Medal of Honor Roll by mandating removal of these names, which could set a precedent for reviewing and altering historical military honors based on modern ethical assessments.
- Unlike typical Medal of Honor revocations (which are rare and usually for misconduct post-award), this targets the original context of the deeds, reinterpreting them as participation in a massacre rather than bravery.
Potential Impacts
- Government Agencies: The Department of Defense and military branches will need to update records and the Honor Roll, potentially involving administrative reviews of historical awards. This could lead to internal discussions on the criteria for past honors.
- Citizens: Native American communities, particularly the Lakota Sioux and Great Sioux Nation, may experience symbolic reconciliation and validation of historical trauma. Descendants of medal recipients might face emotional or reputational challenges but retain benefits.
- International Relations: Minimal direct impact, though it could enhance U.S. credibility in discussions on indigenous rights and historical accountability with global partners or organizations like the United Nations.
Main Stakeholders
- Native American Tribes and Communities: Especially the Cheyenne River Sioux Tribe, Miniconjou Lakota, and Great Sioux Nation, who have long advocated for revocation through resolutions since 2001.
- Military Personnel and Veterans: Current and future service members, as the bill emphasizes preserving the Medal of Honor's integrity to inspire bravery; also affects descendants of the 20 recipients.
- U.S. Congress and Executive Branch: Sponsors (e.g., Senators Warren, Merkley) and the Committee on Armed Services, which handles referral; the President would sign or veto if passed.
- Historians and Public: Broader society interested in U.S. military history and reconciliation efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes congressional authority to rescind military awards without requiring physical return or benefit loss, potentially influencing future challenges to historical decisions under laws like the Medal of Honor statutes. No constitutional issues are raised, as it aligns with Congress's power over military honors (awarded "in the name of Congress").
- Constitutional: Reinforces separation of powers by legislative action on executive-branch awards, without infringing on due process for living individuals (all recipients are deceased).
- Political: Represents a bipartisan effort (though introduced by Democrats) to address colonial-era injustices, signaling U.S. commitment to historical reckoning. It could spark debates on "canceling" history versus correcting records, and encourage similar reviews of other events (e.g., other Native American conflicts), but avoids broader retroactive changes to maintain focus.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Sen. Merkley, Jeff [D-OR], Sen. Smith, Tina [D-MN], Sen. Padilla, Alex [D-CA], Sen. Sanders, Bernard [I-VT], Sen. Schiff, Adam B. [D-CA], Sen. Blumenthal, Richard [D-CT], Sen. Wyden, Ron [D-OR]
Recent Actions
- 2025-05-22: Read twice and referred to the Committee on Armed Services.
- 2025-05-22: Introduced in Senate
Bill Versions
- Remove the Stain Act — issued 2025-05-22 — PDF (6 pages)