[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4544 Enrolled Bill (ENR)]

        H.R.4544

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


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

    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 ``Code Talkers Recognition Act of 
2008''.
SEC. 2. PURPOSE.
    The purpose of this Act is to require the issuance of medals to 
express the sense of the Congress that--
        (1) the service of Native American code talkers to the United 
    States deserves immediate recognition for dedication and valor; and
        (2) honoring Native American code talkers is long overdue.
SEC. 3. FINDINGS.
    The Congress finds the following:
        (1) When the United States entered World War I, Native 
    Americans were not accorded the status of citizens of the United 
    States.
        (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.
        (3) The first reported use of Native American code talkers was 
    on October 17, 1918.
        (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.
        (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.
        (6) On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, 
    and the Congress declared war the following day.
        (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.
        (8) The United States Army recruited approximately 50 Native 
    Americans for special native language communication assignments.
        (9) The United States Marine Corps recruited several hundred 
    Navajos for duty in the Pacific region.
        (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.
        (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.
        (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.
        (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.
        (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.
SEC. 4. DEFINITIONS.
    In this Act, the following definitions shall apply:
        (1) Code talker.--The term ``code talker'' means a Native 
    American who--
            (A) served in the Armed Forces during a foreign conflict in 
        which the United States was involved; and
            (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)
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Treasury.
SEC. 5. CONGRESSIONAL GOLD MEDALS.
    (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.
    (b) Identification of Recipients.--The Secretary, in consultation 
with the Secretary of Defense and the tribes, shall--
        (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;
        (2) include the name of each Native American tribe identified 
    under subparagraph (A) on a list; and
        (3) provide the list, and any updates to the list, to the 
    Smithsonian Institution for maintenance under section 5(c)(2).
    (c) Design and Striking of Medals.--
        (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.
        (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.
        (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.
    (d) Action by Smithsonian Institution.--The Smithsonian 
Institution--
        (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;
        (2) shall maintain the list developed under section 6(1) of the 
    names of Native American code talkers of each recognized tribe; and
        (3) is encouraged to create a standing exhibit for Native 
    American code talkers or Native American veterans.
SEC. 6. NATIVE AMERICAN CODE TALKERS.
    The Secretary, in consultation with the Secretary of Defense and 
the tribes, shall--
        (1) with respect to tribes recognized as of the date of the 
    enactment of this Act --
            (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;
            (B) include the name of each Native American code talker 
        identified under subparagraph (A) on a list, to be organized by 
        recognized tribe; and
            (C) provide the list, and any updates to the list, to the 
        Smithsonian Institution for maintenance under section 5(d)(2);
        (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; and
        (3) with consultation from the tribes listed in following 
    subsection, examine the following specific tribes to determine the 
    existence of Code Talkers:
            (A) Assiniboine.
            (B) Chippewa and Oneida.
            (C) Choctaw.
            (D) Comanche.
            (E) Cree.
            (F) Crow.
            (G) Hopi.
            (H) Kiowa.
            (I) Menominee.
            (J) Mississauga.
            (K) Muscogee.
            (L) Sac and Fox.
            (M) Sioux.
SEC. 7. DUPLICATE MEDALS.
    (a) Silver Duplicate Medals.--
        (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).
        (2) Eligibility for award.--
            (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.
            (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.
            (C) Determination.--Eligibility for an award under this 
        subsection shall be determined by the Secretary in accordance 
        with section 6.
    (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.
SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
    (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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.