II 111th CONGRESS 1st Session S. 768 IN THE SENATE OF THE UNITED STATES April 1, 2009 Mr. Udall of New Mexico (for himself, Mr. Bingaman, Mr. Bond, Mr. Inouye, Mr. Kerry, Mr. Levin, Mr. Udall of Colorado, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To grant the Congressional Gold Medal to the soldiers from the United States who were prisoners of war at Bataan during World War II.

1.

Findings

Congress makes the following findings: (1)By April 1942, nearly 12,000 soldiers from the United States and 67,000 soldiers from the Philippines based at Bataan, Philippines, had bravely and staunchly fought off enemy attacks for more than 4 months under strenuous conditions that resulted in starvation and disease. (2)By maintaining their position and engaging the enemy for as long as they did, the soldiers at Bataan were able to redefine the momentum of the war and provide other United States and Allied forces throughout the Pacific with time to plan and prepare for subsequent crucial battles. (3)On April 9, 1942, Major General Edward King surrendered the soldiers from the United States and the Philippines into enemy hands. (4)Over the next week, the soldiers from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be know as the Bataan Death March. (5)During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (6)Within the first 40 days at Camp O’Donnell, 1,600 more prisoners from the United States died. (7)The conditions at the camp were substandard, leading to increased disease and malnutrition among the prisoners. (8)On June 6, 1942, the prisoners from the United States were transferred to Cabanatuan, north of Camp O’Donnell. (9)In July 1942, all prisoners from the Philippines were paroled. (10)The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions. (11)The prisoners who remained in these camps were liberated in 1945. (12)Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (13)Many of these soldiers have now passed away, and those who remain continue to tell their story. (14)The people of the United States are forever indebted to these men for— (A)the courage they demonstrated during the first 4 months of World War II in fighting against enemy soldiers; and (B)the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty.

2.

Congressional Gold Medal

(a)

Award Authorized

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 a single gold medal of appropriate design in honor of the soldiers from the United States who were prisoners of war at Bataan, collectively, in recognition of their personal sacrifice and service to their country. (b)

Design and Striking

For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c)

Smithsonian Institution

(1)

In General

Following the award of the gold medal in honor of the prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2)

Sense of the Congress

It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan.

3.

Duplicate Medals

(a)

Striking of duplicates

Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b)

Selling of duplicates

The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses.

4.

National Medals

Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code.

5.

Authorization of Appropriations; Proceeds of Sale

(a)

Authorization of Appropriations

There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b)

Proceeds of Sale

Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.