1303
[DOCID: f:s2028is.txt]
107th CONGRESS
2d Session
S. 2028
To authorize the President to award the Medal of Honor posthumously to
Henry Johnson, of Albany, New York, for acts of valor during World War
I and to direct the Secretary of the Army to conduct a review of
military service records to determine whether certain other African
American World War I veterans should be awarded the Medal of Honor for
actions during that war.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2002
Mr. Schumer (for himself and Mrs. Clinton) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To authorize the President to award the Medal of Honor posthumously to
Henry Johnson, of Albany, New York, for acts of valor during World War
I and to direct the Secretary of the Army to conduct a review of
military service records to determine whether certain other African
American World War I veterans should be awarded the Medal of Honor for
actions during that war.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I Veterans Medal of Honor
Justice Act''.
SEC. 2. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO HENRY JOHNSON.
(a) Inapplicability of Time Limitations.--Notwithstanding the time
limitations in section 3744(b) of title 10, United States Code, or any
other time limitation, the President may award the Medal of Honor under
section 3741 of such title posthumously to Henry Johnson (service
number 10-33-48), of Albany, New York, for the actions referred to in
subsection (b), the Secretary of the Army having determined that by
those actions Henry Johnson distinguished himself conspicuously by
gallantry and intrepidity at the risk of his life above and beyond the
call of duty.
(b) Actions.--The actions referred to in subsection (a) are the
actions of Henry Johnson during World War I in repulsing an attack by a
superior enemy force and rescuing a badly wounded comrade,
notwithstanding his own serious wounds, on the night of May 14-15,
1918, while serving as a private in the 369th Infantry Regiment of the
United States Army.
SEC. 3. REVIEW REGARDING AWARD OF CONGRESSIONAL MEDAL OF HONOR TO
CERTAIN ADDITIONAL AFRICAN AMERICAN WORLD WAR I VETERANS.
(a) Review Required.--The Secretary of the Army shall review the
service records of each African American World War I Army veteran
described in subsection (b) to determine whether that veteran should be
awarded the Medal of Honor.
(b) Covered African American Veterans.--The African American World
War I Army veterans whose service records are to be reviewed under
subsection (a) are the following:
(1) Any African American World War I veteran who was
awarded the Distinguished Service Cross.
(2) Any African American World War I veteran who was
awarded the French Legion of Merit or the Croix de Guerre by
the government of France.
(c) Consultations.--In carrying out the review under subsection
(a), the Secretary of the Army shall consult with the 369th Veterans'
Association and with such other veterans service organizations as the
Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary determines,
based upon the review under subsection (a) of the service records of
any African American World War I Army veteran, that the award of the
Medal of Honor to that veteran is warranted, the Secretary shall submit
to the President a recommendation that the President award the Medal of
Honor to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor may be
awarded to an African American World War I veteran in accordance with a
recommendation of the Secretary concerned under subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e)--
(1) without regard to section 3744 of title 10, United
States Code; and
(2) without regard to any regulation or other
administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross has been
awarded.
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