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.

March 7, 2002

Mr. GILMAN (for himself and Mr. MCNULTY) introduced the following bill; which was referred to the Committee on Armed Services

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 Army 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.

END