[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5304 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5304

To establish a memorial for 40 fallen American servicemen who perished 
in the tragic air crash during World War II at Bakers Creek, Australia 
                           on June 14, 1943.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

 Mrs. Capito introduced the following bill; which was referred to the 
 Committee on Veterans' Affairs, and in addition to the Committees on 
     Armed Services and Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a memorial for 40 fallen American servicemen who perished 
in the tragic air crash during World War II at Bakers Creek, Australia 
                           on June 14, 1943.

    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 ``Bakers Creek Air Crash Memorial Act 
of 2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) During the Second World War, the United States Army Air 
        Corps, established rest and recreation facilities in Mackay 
        Queensland, Australia.
            (2) From the end of January 1943 until early 1944, 
        thousands of United States servicemen were ferried almost daily 
        from New Guinea to Mackay.
            (3) These servicemen traveled by air transport to spend an 
        average of 10 days on a rest and relaxation furlough.
            (4) These servicemen were usually carried by two B-17 
        Flying Fortresses converted for transport duty.
            (5) On Monday, June 14, 1943, just before dawn, at about 6 
        a.m., Boeing B-17C, Serial/Tail Number 40-2072, took off headed 
        for Port Moresby.
            (6) There were 6 crew and 35 passengers aboard.
            (7) The aircraft took off into fog and, soon after, made a 
        turn at low altitude.
            (8) A few minutes after take-off, it crashed, at Bakers 
        Creek, killing all but one of those on board.
            (9) The cause of the crash remains a mystery and is 
        relatively unknown outside Mackay.
            (10) United States officials who were under orders not to 
        reveal the presence of Allied troops in Australia, kept the 
        crash a secret during the war.
            (11) Relatives of the victims received telegrams from the 
        United States War Department that said little more than the 
        serviceman had been killed in an air crash in the South West 
        Pacific.
            (12) The victims' remains were flown to Townsville where 
        they were buried in the Belgian Gardens United States military 
        cemetery.
            (13) Early in 1946, they were disinterred and shipped to 
        Hawaii for reburial.
            (14) 13 are buried in the Punchbowl cemetery, Hawaii and 
        the remainder were returned to the United States mainland.
            (15) 15 years ago Robert Cutler was reading his father's 
        wartime journals and found reference to the accident.
            (16) This discovery inspired Mr. Cutler to embark upon a 
        research project that would consume more than a decade and take 
        him to Australia.
            (17) Mr. Cutler's work and trip to Australia brought to 
        light this valuable information.

SEC. 3. BAKERS CREEK AIR CRASH MEMORIAL MARKER IN ARLINGTON NATIONAL 
              CEMETERY.

    (a) Establishment.--Subject to section 3, the Secretary of the Army 
is authorized to place in Arlington National Cemetery a memorial marker 
to honor the memory of the members of the Armed Forces of the United 
States who lost their lives at Bakers Creek, Australia on June 14, 
1943.
    (b) Approval of Design and Site.--The Secretary of the Army shall 
have exclusive authority to approve an appropriate design and site 
within Arlington National Cemetery for the memorial authorized under 
subsection (a).

SEC. 4. ALTERNATIVE SITE FOR BAKERS CREEK AIR CRASH MEMORIAL.

    (a) Identification of Alternative Site.--If the Secretary of the 
Army determines that there is not sufficient space in Arlington 
National Cemetery for the memorial marker referred to in section 2, the 
Secretary of Defense and the Secretary of the Interior shall jointly 
identify appropriate alternative sites for that memorial marker.
    (b) Report to Congress.--The Secretary of Defense shall submit to 
Congress a report containing the alternative sites identified under 
subsection (a).
    (c) Selection of Site.--The Secretary of Defense is authorized to 
place in a site selected by the Secretary a memorial marker to honor 
the memory of the members of the Armed Forces of the United States who 
lost their lives at Bakers Creek, Australia on June 14, 1943.
    (d) Administration.--If the memorial marker is established on a 
site identified under subsection (a), the memorial marker shall be 
placed, maintained, and administered by the Secretary of Defense.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as are necessary 
to implement this Act.
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