Remove the Stain Act

Bill Summary: H.R. 3609 – Remove the Stain Act

Overview

H.R. 3609, known as the "Remove the Stain Act," is a legislative proposal introduced in the 119th Congress to formally rescind all Medals of Honor awarded to U.S. soldiers for their actions during the Wounded Knee Massacre on December 29, 1890. The bill seeks to strip these honors from the official record to reflect the historical reality of the event as a massacre of unarmed civilians rather than a distinguished military achievement.

Purpose and Intent

The primary intent of the bill is to preserve the integrity of the Medal of Honor—the United States' highest military decoration. The bill argues that awarding the nation's most prestigious honor for the killing of unarmed Native American men, women, and children is a "disservice to the integrity of the United States" and diminishes the prestige of the award for those who earned it through genuine gallantry.

The bill cites several findings to justify this action, including:
* The Nature of the Event: It defines the engagement at Wounded Knee Creek as a "massacre" involving four Hotchkiss cannons used against a tribal community.
* Casualties: It notes that approximately 350–375 Native Americans were killed, many of whom were women and children.
* Military Failures: The bill references contemporaneous reports from Major General Nelson A. Miles, who described the event as a "brutal, cold-blooded massacre" and noted that many U.S. troop casualties were actually caused by "friendly fire" due to poor tactical placement.
* Tribal Requests: The bill acknowledges long-standing requests from the Cheyenne River Sioux Tribe (2001) and the National Congress of American Indians (2007) to nullify these medals.

Key Provisions

• Rescission of Medals: The Act officially rescinds every Medal of Honor awarded for acts committed at Wounded Knee Creek on December 29, 1890.
• Removal from Official Rolls: The Secretary concerned is mandated to remove the names of these individuals from the official Medal of Honor Rolls (pursuant to section 1134a of title 10, U.S. Code).
• No Physical Return Required: The bill specifies that individuals (or their descendants) are not required to physically return the medals to the Federal Government.
• Protection of Benefits: The rescission of the medal does not result in the denial of any other federal benefits to the individuals involved.

Affected Parties

• U.S. Army 7th Cavalry: Specifically, the 20 soldiers who were awarded the Medal of Honor following the massacre.
• The Department of Defense: The secretaries responsible for maintaining the military honor rolls.
• Native American Communities: Specifically the Great Sioux Nation and the Cheyenne River Sioux Tribe, whose requests for this action served as the catalyst for the bill.

Procedural Status

• Introduced: May 23, 2025.
• Current Status: Referred to the House Committee on Armed Services.