[Congressional Record Volume 154, Number 34 (Friday, February 29, 2008)]
[Senate]
[Pages S1430-S1433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself, Mr. Harkin, Mr. Dorgan, Mr. Grassley, 
        Mr. Thune, and Mr. Coburn):
  S. 2681. A bill to require the issuance of medals to recognize the 
dedication and valor of Native American code talkers; to the Committee 
on Banking, Housing, and Urban Affairs.
  Mr. INHOFE. Mr. President, the legislation I am introducing now will 
award a Congressional Commemorative Medal to Code Talkers of the 
Choctaw, Comanche, and other tribes in recognition of their service 
during World Wars I and II. For five years I have worked to honor these 
heroes since first introducing the ``Code Talkers Recognition Act'' in 
March of 2003. Last year's measure gained passage in the Senate with 79 
cosponsors and I look forward to the bill's success this session of 
Congress as well. Native American Code Talkers deserve nothing less.
  Code Talkers from the Choctaw, Comanche and other tribes are true 
American heroes whose accomplishments have too long been forgotten. 
This legislation finally recognizes and honors a group of people who 
made a real difference in the fight for freedom during World Wars I and 
II. Their service on the front lines helped propel the allied forces to 
victory and saved countless lives in the process.
  I look forward to working in coordination with Congressman Dan Boren 
in the House of Representatives and all of my colleagues in the U.S. 
Senate to ensure passage of this legislation and finally pass long-
overdue recognition of Native American Code Talkers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2681

       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 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.

       Congress finds that--
       (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)(A) during World War I, Choctaw code talkers were the 
     first code talkers who played a role in United States 
     military operations by transmitting vital communications that 
     helped defeat German forces in Europe;
       (B) 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;
       (C) this 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;
       (5) on December 7, 1941, Japan attacked Pearl Harbor, 
     Hawaii, and Congress declared war the following day;
       (6)(A) 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;
       (B) the Army recruited approximately 50 Native Americans 
     for special native language communication assignments; and
       (C) the Marines recruited several hundred Navajos for duty 
     in the Pacific region;
       (7)(A) 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; and
       (B) 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;
       (8) in 2001, 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;
       (9) soldiers from the Assiniboine, Cherokee, Cheyenne, 
     Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa, 
     Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, 
     Sac and Fox, Seminole, and Sioux (Lakota and Dakota) Indian 
     tribes and nations also served as code talkers during World 
     War II;
       (10) the heroic and dramatic contributions of Native 
     American code talkers were instrumental in driving back Axis 
     forces across the Pacific during World War II; and
       (11) 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:
       (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) during the term of service of the Native American, 
     participated in communication using a native language.
       (2) Recognized tribe.--The term ``recognized tribe'' means 
     any of the following Indian tribes (as defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b)):
       (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.
       (3) 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 Congress, of gold medals of appropriate design in 
     recognition of the service of Native American code talkers of 
     each recognized tribe.
       (b) Design and Striking.--
       (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.
       (c) 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 recognized tribes, shall--
       (1)(A) determine the identity, to the maximum extent 
     practicable, of each Native American code talker of each 
     recognized tribe;
       (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(c)(2); and
       (2) determine whether any Indian tribe that is not a 
     recognized tribe should be eligible to receive a gold medal 
     under this Act.

     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.

[[Page S1433]]

       (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 medals struck under 
     section 5(b), in accordance with such regulations as the 
     Secretary may prescribe, at a price sufficient to cover--
       (1) the costs of striking the bronze duplicates, including 
     labor, materials, dyes, use of machinery, and overhead 
     expenses; and
       (2) the costs of striking the silver duplicate and gold 
     medals under subsection (a) and section 5(b), respectively.

     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 are 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.

                          ____________________