[Congressional Record (Bound Edition), Volume 152 (2006), Part 14]
[Senate]
[Pages 18700-18701]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      CODE TALKERS RECOGNITION ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Banking, Housing, and Urban Affairs be discharged from 
further consideration of S. 1035 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1035) to authorize the presentation of 
     commemorative medals on behalf of Congress to Native 
     Americans who served as Code Talkers during foreign conflicts 
     in which the United States was involved during the 20th 
     century in recognition of the service of those Native 
     Americans to the United States.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, the motion to reconsider be laid upon 
the table, and any statements relating to the measure be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1035) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1035

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Code 
     Talkers Recognition Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expression of recognition.

                      TITLE I--SIOUX CODE TALKERS

Sec. 101. Findings.
Sec. 102. Congressional commemorative medal.

                    TITLE II--COMANCHE CODE TALKERS

Sec. 201. Findings.
Sec. 202. Congressional commemorative medal.

                    TITLE III--CHOCTAW CODE TALKERS

Sec. 301. Findings.
Sec. 302. Congressional commemorative medal.

                   TITLE IV--SAC AND FOX CODE TALKERS

Sec. 401. Findings.
Sec. 402. Congressional commemorative medal.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Definition of Indian tribe.
Sec. 502. Medals for other Code Talkers.
Sec. 503. Provisions applicable to all medals under this Act.
Sec. 504. Duplicate medals.
Sec. 505. Status as national medals.
Sec. 506. Funding.

     SEC. 2. EXPRESSION OF RECOGNITION.

       The purpose of the medals authorized by this Act is to 
     express recognition by the United States and citizens of the 
     United States of, and to honor, the Native American Code 
     Talkers who distinguished themselves in performing highly 
     successful communications operations of a unique type that 
     greatly assisted in saving countless lives and in hastening 
     the end of World War I and World War II.

                      TITLE I--SIOUX CODE TALKERS

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) Sioux Indians used their native languages, Dakota, 
     Lakota, and Dakota Sioux, as code during World War II;
       (2) those individuals, who manned radio communications 
     networks to advise of enemy actions, became known as the 
     Sioux Code Talkers;
       (3) under some of the heaviest combat action, the Code 
     Talkers worked around the clock to provide information that 
     saved the lives of many Americans in war theaters in the 
     Pacific and Europe, such as the location of enemy troops and 
     the number of enemy guns; and
       (4) the Sioux Code Talkers were so successful that military 
     commanders credit the code with saving the lives of countless 
     American soldiers and being instrumental to the success of 
     the United States in many battles during World War II.

     SEC. 102. CONGRESSIONAL COMMEMORATIVE MEDAL.

       The President Pro Tempore of the Senate and the Speaker of 
     the House of Representatives shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a commemorative medal of appropriate design, to each Sioux 
     Code Talker, including--
       (1) Eddie Eagle Boy;
       (2) Simon Brokenleg;
       (3) Iver Crow Eagle, Sr.;
       (4) Edmund St. John;
       (5) Walter C. John;
       (6) John Bear King;
       (7) Phillip ``Stoney'' LaBlanc;
       (8) Baptiste Pumpkinseed;
       (9) Guy Rondell;
       (10) Charles Whitepipe; and
       (11) Clarence Wolfguts.

                    TITLE II--COMANCHE CODE TALKERS

     SEC. 201. FINDINGS.

       Congress finds that--
       (1) the Japanese Empire attacked Pearl Harbor, Hawaii, on 
     December 7, 1941, and Congress declared war on Japan the 
     following day;
       (2) the military code developed by the United States for 
     transmitting messages had been deciphered by the Axis powers, 
     and United States military intelligence sought to develop a 
     new means to counter the enemy;
       (3) the Federal Government called on the Comanche Nation to 
     support the military effort by recruiting and enlisting 
     Comanche men to serve in the United States Army to develop a 
     secret code based on the Comanche language;
       (4) at the time, the Comanches were--
       (A) considered to be second-class citizens; and
       (B) discouraged from using their own language;
       (5) the Comanches of the 4th Signal Division became known 
     as the ``Comanche Code Talkers'' and helped to develop a code 
     using their language to communicate military messages during 
     the D-Day invasion and in the European theater during World 
     War II;
       (6) to the frustration of the enemy, the code developed by 
     those Native Americans--
       (A) proved to be unbreakable; and
       (B) was used extensively throughout the European war 
     theater;
       (7) the Comanche language, discouraged in the past, was 
     instrumental in developing 1 of the most significant and 
     successful military codes of World War II;
       (8) the efforts of the Comanche Code Talkers--
       (A) contributed greatly to the Allied war effort in Europe;
       (B) were instrumental in winning the war in Europe; and
       (C) saved countless lives;
       (9) only 1 of the Comanche Code Talkers of World War II 
     remains alive today; and
       (10) the time has come for Congress to honor the Comanche 
     Code Talkers for their valor and service to the United 
     States.

     SEC. 202. CONGRESSIONAL COMMEMORATIVE MEDAL.

       The President Pro Tempore of the Senate and the Speaker of 
     the House of Representatives shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a commemorative medal of appropriate design to each of the 
     following Comanche Code Talkers of World War II, in 
     recognition of contributions of those individuals to the 
     United States:
       (1) Charles Chibitty.
       (2) Haddon Codynah.
       (3) Robert Holder.
       (4) Forrest Kassanovoid.
       (5) Willington Mihecoby.
       (6) Perry Noyebad.

[[Page 18701]]

       (7) Clifford Otitivo.
       (8) Simmons Parker.
       (9) Melvin Permansu.
       (10) Dick Red Elk.
       (11) Elgin Red Elk.
       (12) Larry Saupitty.
       (13) Morris Sunrise.
       (14) Willie Yackeschi.

                    TITLE III--CHOCTAW CODE TALKERS

     SEC. 301. FINDINGS.

       Congress finds that--
       (1) on April 6, 1917, the United States, after 
     extraordinary provocations, declared war on Germany and 
     entered World War I, the War to End All Wars;
       (2) at the time of that declaration of war, Indian people 
     in the United States, including members of the Choctaw 
     Nation, were not accorded the status of citizens of the 
     United States;
       (3) without regard to this lack of citizenship, many 
     members of the Choctaw Nation joined many members of other 
     Indian tribes and nations in enlisting in the Armed Forces to 
     fight on behalf of the United States;
       (4) members of the Choctaw Nation were--
       (A) enlisted in the force known as the American 
     Expeditionary Force, which began hostile actions in France in 
     the fall of 1917; and
       (B) incorporated in a company of Indian enlistees serving 
     in the 142d Infantry Company of the 36th Division;
       (5) a major impediment to Allied operations in general, and 
     operations of the United States in particular, was the fact 
     that the German forces had deciphered all codes used for 
     transmitting information between Allied commands, leading to 
     substantial loss of men and materiel during the first year in 
     which the military of the United States engaged in combat in 
     World War I;
       (6) because of the proximity and static nature of the 
     battle lines, a method to communicate without the knowledge 
     of the enemy was needed;
       (7) a commander of the United States realized the fact that 
     he had under his command a number of men who spoke a native 
     language;
       (8) while the use of such native languages was discouraged 
     by the Federal Government, the commander sought out and 
     recruited 18 Choctaw Indians to assist in transmitting field 
     telephone communications during an upcoming campaign;
       (9) because the language used by the Choctaw soldiers 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;
       (10) the Choctaw soldiers were placed in different command 
     positions to achieve the widest practicable area for 
     communications;
       (11) the use of the Choctaw Code Talkers was particularly 
     important in--
       (A) the movement of American soldiers in October of 1918 
     (including securing forward and exposed positions);
       (B) the protection of supplies during American action 
     (including protecting gun emplacements from enemy shelling); 
     and
       (C) in the preparation for the assault on German positions 
     in the final stages of combat operations in the fall of 1918;
       (12) in the opinion of the officers involved, the use of 
     Choctaw Indians to transmit information in their native 
     language saved men and munitions, and was highly successful;
       (13) based on that successful experience, Choctaw Indians 
     were withdrawn from frontline units for training in 
     transmission of codes so as to be more widely used when the 
     war came to an end;
       (14) the Germans never succeeded in breaking the Choctaw 
     code;
       (15) that was the first time in modern warfare that the 
     transmission of messages in a Native American language was 
     used for the purpose of confusing the enemy;
       (16) this action by members of the Choctaw Nation--
       (A) is another example of the commitment of Native 
     Americans to the defense of the United States; and
       (B) adds to the proud legacy of such service; and
       (17) the Choctaw Nation has honored the actions of those 18 
     Choctaw Code Talkers through a memorial bearing their names 
     located at the entrance of the tribal complex in Durant, 
     Oklahoma.

     SEC. 302. CONGRESSIONAL COMMEMORATIVE MEDAL.

       The President Pro Tempore of the Senate and the Speaker of 
     the House of Representatives shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a commemorative medal of appropriate design honoring the 
     Choctaw Code Talkers.

                   TITLE IV--SAC AND FOX CODE TALKERS

     SEC. 401. FINDINGS.

       Congress finds that--
       (1) Sac and Fox Indians used their native language, 
     Meskwaki, to transmit military code during Word War II;
       (2) those individuals, who manned radio communications 
     networks to advise of enemy actions, became known as the Sac 
     and Fox Code Talkers; and
       (3) under heavy combat action, the Code Talkers worked 
     without sleep to provide information that saved the lives of 
     many Americans.

     SEC. 402. CONGRESSIONAL COMMEMORATIVE MEDAL.

       The President Pro Tempore of the Senate and the Speaker of 
     the House of Representatives shall make appropriate 
     arrangements for the presentation, on behalf of Congress, of 
     a commemorative medal of appropriate design, to each of the 
     following Sac and Fox Code Talkers of World War II, in 
     recognition of the contributions of those individuals to the 
     United States:
       (1) Frank Sanache.
       (2) Willard Sanache.
       (3) Dewey Youngbear.
       (4) Edward Benson.
       (5) Judie Wayne Wabaunasee.
       (6) Mike Wayne Wabaunasee.
       (7) Dewey Roberts.
       (8) Melvin Twin.

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. DEFINITION OF INDIAN TRIBE.

       In this title, the term ``Indian tribe'' has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 4506).

     SEC. 502. MEDALS FOR OTHER CODE TALKERS.

       (a) Presentation Authorized.--In addition to the 
     commemorative medals authorized to be presented under 
     sections 102, 202, 302, and 402, the President Pro Tempore of 
     the Senate and the Speaker of the House of Representatives 
     shall make appropriate arrangements for the presentation, on 
     behalf of Congress, of a commemorative medal of appropriate 
     design to any other Native American Code Talker identified by 
     the Secretary of Defense under subsection (b) who has not 
     previously received a congressional commemorative medal.
       (b) Identification of Other Native American Code Talkers.--
       (1) In general.--Any Native American member of the United 
     States Armed Forces who served as a Code Talker in any 
     foreign conflict in which the United States was involved 
     during the 20th Century shall be eligible for a commemorative 
     medal under this section.
       (2) Determination.--The Secretary of Defense shall--
       (A) determine eligibility under paragraph (1); and
       (B) not later than 120 days after the date of enactment of 
     this Act, establish a list of the names of individuals 
     eligible to receive a medal under paragraph (1).

     SEC. 503. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.

       (a) Medals Awarded Posthumously.--A medal authorized by 
     this Act may be awarded posthumously on behalf of, and 
     presented to the next of kin or other representative of, a 
     Native American Code Talker.
       (b) Design and Striking.--
       (1) In general.--For purposes of any presentation of a 
     commemorative medal under this Act, the Secretary of the 
     Treasury shall strike gold medals with suitable emblems, 
     devices, and inscriptions, to be determined by the Secretary 
     of the Treasury.
       (2) Designs emblematic of tribal affiliation.--The design 
     of the commemorative medals struck under this Act for Native 
     American Code Talkers who are members of the same Indian 
     tribe shall be emblematic of the participation of the Code 
     Talkers of that Indian tribe.

     SEC. 504. DUPLICATE MEDALS.

       The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the commemorative medals struck under 
     this Act--
       (1) in accordance with such regulations as the Secretary 
     may promulgate; and
       (2) at a price sufficient to cover the costs of the medals 
     (including labor, materials, dies, use of machinery, and 
     overhead expenses, and the cost of the bronze medal).

     SEC. 505. STATUS AS NATIONAL MEDALS.

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

     SEC. 506. FUNDING.

       (a) Authority to Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund such amounts as are necessary to strike and award medals 
     authorized by this Act.
       (b) Proceeds of Sale.--All amounts received from the sale 
     of duplicate bronze medals under section 504 shall be 
     deposited in the United States Mint Public Enterprise Fund.

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