To require the issuance of medals to recognize the dedication and valor of Native American code talkers.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Code Talkers Recognition Act of 2008’.CommentsClose CommentsPermalink

The purpose of this Act is to require the issuance of medals to express the sense of the Congress that--CommentsClose CommentsPermalink





(1) the service of Native American code talkers to the United States deserves immediate recognition for dedication and valor; andCommentsClose CommentsPermalink





(2) honoring Native American code talkers is long overdue.CommentsClose CommentsPermalink

The Congress finds the following:CommentsClose CommentsPermalink





(1) When the United States entered World War I, Native Americans were not accorded the status of citizens of the United States.CommentsClose CommentsPermalink





(2) Without regard to that lack of citizenship, members of Indian tribes and nations enlisted in the Armed Forces to fight on behalf of the United States.CommentsClose CommentsPermalink





(3) The first reported use of Native American code talkers was on October 17, 1918.CommentsClose CommentsPermalink





(4) Because the language used by the Choctaw code talkers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions.CommentsClose CommentsPermalink





(5) This use of Native American code talkers was the first time in modern warfare that such a transmission of messages in a native language was used for the purpose of confusing an enemy.CommentsClose CommentsPermalink





(6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, and the Congress declared war the following day.CommentsClose CommentsPermalink





(7) The Federal Government called on the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the Army to develop a secret code based on the Comanche language.CommentsClose CommentsPermalink





(8) The United States Army recruited approximately 50 Native Americans for special native language communication assignments.CommentsClose CommentsPermalink





(9) The United States Marine Corps recruited several hundred Navajos for duty in the Pacific region.CommentsClose CommentsPermalink





(10) During World War II, the United States employed Native American code talkers who developed secret means of communication based on native languages and were critical to winning the war.CommentsClose CommentsPermalink





(11) To the frustration of the enemies of the United States, the code developed by the Native American code talkers proved to be unbreakable and was used extensively throughout the European theater.CommentsClose CommentsPermalink





(12) In 2001, the Congress and President Bush honored Navajo code talkers with congressional gold medals for the contributions of the code talkers to the United States Armed Forces as radio operators during World War II.CommentsClose CommentsPermalink





(13) The heroic and dramatic contributions of Native American code talkers were instrumental in driving back Axis forces across the Pacific during World War II.CommentsClose CommentsPermalink





(14) The Congress should provide to all Native American code talkers the recognition the code talkers deserve for the contributions of the code talkers to United States victories in World War I and World War II.CommentsClose CommentsPermalink

In this Act, the following definitions shall apply:CommentsClose CommentsPermalink





(1) CODE TALKER- The term ‘code talker’ means a Native American who--CommentsClose CommentsPermalink





(A) served in the Armed Forces during a foreign conflict in which the United States was involved; andCommentsClose CommentsPermalink





(B) transmitted (encoded and translated) secret coded messages for tactical military operations during World War I and World War II using their native tribal language (non-spontaneous communications)CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.CommentsClose CommentsPermalink

(a) Award Authorization- The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of gold medals of appropriate design in recognition of the service of Native American code talkers during World War I and World War II.CommentsClose CommentsPermalink





(b) Identification of Recipients- The Secretary, in consultation with the Secretary of Defense and the tribes, shall--CommentsClose CommentsPermalink





(1) determine the identity, to the maximum extent practicable, of each Native American tribe that had a member of that tribe serve as a Native American code talker, with the exception of the Navajo Nation;CommentsClose CommentsPermalink





(2) include the name of each Native American tribe identified under subparagraph (A) on a list; andCommentsClose CommentsPermalink





(3) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(c)(2).CommentsClose CommentsPermalink





(c) Design and Striking of Medals-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall strike the gold medals awarded under subsection (a) with appropriate emblems, devices, and inscriptions, as determined by the Secretary.CommentsClose CommentsPermalink





(2) DESIGNS OF MEDALS EMBLEMATIC OF TRIBAL AFFILIATION AND PARTICIPATION- The design of a gold medal under paragraph (1) shall be emblematic of the participation of the code talkers of each recognized tribe.CommentsClose CommentsPermalink





(3) TREATMENT- Each medal struck pursuant to this subsection shall be considered to be a national medal for purposes of chapter 51 of title 31, United States Code.CommentsClose CommentsPermalink





(d) Action by Smithsonian Institution- The Smithsonian Institution--CommentsClose CommentsPermalink





(1) shall accept and maintain such gold medals, and such silver duplicates of those medals, as recognized tribes elect to send to the Smithsonian Institution;CommentsClose CommentsPermalink





(2) shall maintain the list developed under section 6(1) of the names of Native American code talkers of each recognized tribe; andCommentsClose CommentsPermalink





(3) is encouraged to create a standing exhibit for Native American code talkers or Native American veterans.CommentsClose CommentsPermalink

The Secretary, in consultation with the Secretary of Defense and the tribes, shall--CommentsClose CommentsPermalink





(1) with respect to tribes recognized as of the date of the enactment of this Act --CommentsClose CommentsPermalink





(A) determine the identity, to the maximum extent practicable, of each Native American code talker of each recognized tribe with the exception of the Navajo Nation;CommentsClose CommentsPermalink





(B) include the name of each Native American code talker identified under subparagraph (A) on a list, to be organized by recognized tribe; andCommentsClose CommentsPermalink





(C) provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(d)(2);CommentsClose CommentsPermalink





(2) in the future, determine whether any Indian tribe that is not a recognized as of the date of the enactment of this Act, should be eligible to receive a gold medal under this Act; andCommentsClose CommentsPermalink





(3) with consultation from the tribes listed in following subsection, examine the following specific tribes to determine the existence of Code Talkers:CommentsClose CommentsPermalink





(A) Assiniboine.CommentsClose CommentsPermalink





(B) Chippewa and Oneida.CommentsClose CommentsPermalink





(C) Choctaw.CommentsClose CommentsPermalink





(D) Comanche.CommentsClose CommentsPermalink





(E) Cree.CommentsClose CommentsPermalink





(F) Crow.CommentsClose CommentsPermalink





(G) Hopi.CommentsClose CommentsPermalink





(H) Kiowa.CommentsClose CommentsPermalink





(I) Menominee.CommentsClose CommentsPermalink





(J) Mississauga.CommentsClose CommentsPermalink





(K) Muscogee.CommentsClose CommentsPermalink





(L) Sac and Fox.CommentsClose CommentsPermalink





(M) Sioux.CommentsClose CommentsPermalink

(a) Silver Duplicate Medals-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall strike duplicates in silver of the gold medals struck under section 5(b), to be awarded in accordance with paragraph (2).CommentsClose CommentsPermalink





(2) ELIGIBILITY FOR AWARD-CommentsClose CommentsPermalink





(A) IN GENERAL- A Native American shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the service of Native American code talkers of the recognized tribe of the Native American, if the Native American served in the Armed Forces as a code talker in any foreign conflict in which the United States was involved during the 20th century.CommentsClose CommentsPermalink





(B) DEATH OF CODE TALKER- In the event of the death of a Native American code talker who had not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the Native American code talker.CommentsClose CommentsPermalink





(C) DETERMINATION- Eligibility for an award under this subsection shall be determined by the Secretary in accordance with section 6.CommentsClose CommentsPermalink





(b) Bronze Duplicate Medals- The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold and silver medals.CommentsClose CommentsPermalink

(a) Authority to Use Fund Amounts- There are authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act.CommentsClose CommentsPermalink





(b) Proceeds of Sale- Amounts received from the sale of duplicate bronze medals authorized under section 7(b) shall be deposited into the United States Mint Public Enterprise Fund.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives September 25, 2008.Attest:LORRAINE C. MILLER,Clerk.CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink