[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Page 10491]
[From the U.S. Government Publishing Office, www.gpo.gov]



AWARD OF MEDAL OF HONOR TO ED W. FREEMAN, JAMES K. OKUBO, AND ANDREW J. 
                                 SMITH

  Mr. ENZI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2722, introduced earlier 
today by Senator Akaka.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2722) to authorize the award of the Medal of 
     Honor to Ed W. Freeman, James K. Okubo, and Andrew J. Smith.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. AKAKA. Mr. President, I am proud to introduce legislation which 
would award the Medal of Honor to James K. Okubo, Ed W. Freeman, and 
Andrew J. Smith. There is no doubt that these three individuals are 
deserving of this award based on their brave and selfless service in 
defense of our great nation. The passage of this measure makes it 
possible for these men to receive a long overdue and well-deserve 
honor.
  This legislation marks the culmination of my efforts to recognize 
James K. Okubo for his acts of gallantry during World War II. James K. 
Okubo was born in Ancacortes, Washington, raised in Bellingham, 
Washington, and interned at Tule Lake, California. Mr. Okubo entered 
military service in Alturas, California on May 22, 1943 and was 
discharged from the Army in December 1945. Following his military 
service, Mr. Okubo was a professor at the University of Detroit Dental 
School. Mr. Okubo passed away following a car accident in 1967.
  Mr. Okubo (Tec 5) served as a medic, member of the Medical 
Detachment, 442nd Regimental Combat Team. For his heroism displayed 
over a period of several days (October 28, 29 and November 4, 1944) in 
rescuing and delivering medical aid to fellow soldiers during the 
rescue of the ``Lost Battalion'' from Texas, he was recommended to 
receive the Medal of Honor. The medal, however, was downgraded to a 
Silver Star. The explanation provided at the time was that as a medic, 
James S. Okubo was not eligible for any award higher than the Silver 
Star.
  Due to my concern that Mr. Okubo did not receive full recognition for 
his acts of heroism and bravery, I requested reconsideration of Mr. 
Okubo's case under section 1130, Title 10 of the United States Code. 
The Senior Army Decorations Board reviewed the case and submitted it to 
Secretary Caldera recommending an upgrade to the Medal of Honor. 
Secretary Caldera approved the recommendation which resulted in this 
important measure.
  This legislation is especially significant as fellow members of Mr. 
Okubo's unit will be awarded the Medal of Honor next week. It is my 
hope that this legislation will be enacted shortly, thereby allowing 
the Okubo family to participate in this auspicious event with the other 
families of members from the 100th Battalion, 442nd Regimental Combat 
Team.
  Mr. Okubo's heroism on the battlefield is an inspiration to all who 
believe in duty, honor, and service to one's country. Mr. Okubo takes 
his rightful place among America's great war heroes. He is a shining 
example of the sacrifices made by so many other Asian Pacific Americans 
during World War II, who served our country so ably in spite of the 
difficulties they faced as members of a suspect minority.
  Mr. ENZI. I ask unanimous consent the bill be considered read the 
third time and passed, the motion to reconsider be laid upon the table, 
and any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2722) was considered read the third time and passed, as 
follows:

                                S. 2722

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY TO AWARD MEDAL OF HONOR TO ED W. 
                   FREEMAN, JAMES K. OKUBO, AND ANDREW J SMITH.

       (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 to 
     the persons specified in subsection (b) for the acts 
     specified in that subsection, the award of the Medal of Honor 
     to such persons having been determined by the Secretary of 
     the Army to be warranted in accordance with section 1130 of 
     such title.
       (b) Persons Eligible To Receive the Medal of Honor.--The 
     persons referred to in subsection (a) are the following:
       (1) Ed W. Freeman, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on November 14, 1965, as flight leader and second-in-
     command of a helicopter lift unit at landing zone X-Ray in 
     the Battle of the Ia Drang Valley, Republic of Vietnam, 
     during the Vietnam War, while serving in the grade of Captain 
     in Alpha Company, 229th Assault Helicopter Battalion, 101st 
     Cavalry Division (Airmobile).
       (2) James K. Okubo, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on October 28 and 29, and November 4, 1944, at Foret 
     Domaniale de Champ, near Biffontaine, France, during World 
     War II, while serving as an Army medic in the grade of 
     Technician Fifth Grade in the medical detachment, 442d 
     Regimental Combat Team.
       (3) Andrew J. Smith, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on November 30, 1864, in the Battle of Honey Hill, South 
     Carolina, during the Civil War, while serving as a corporal 
     in the 55th Massachusetts Voluntary Infantry Regiment.
       (c) Posthumous Award.--The Medal of Honor may be awarded 
     under this section posthumously, as provided in section 3752 
     of title 10, United States Code.
       (d) Prior Award.--The Medal of Honor may be awarded under 
     this section for service for which a Silver Star, or other 
     award, has been awarded.

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