HR 4462

110th CONGRESS
1st Session

H. R. 4462

To authorize the award of a congressional gold medal on behalf of the Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their heroic and dramatic contributions to the Nation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 12, 2007

Ms. GRANGER (for herself, Mr. KIND, Mr. WOLF, and Mr. KENNEDY) introduced the following bill; which was referred to the Committee on Financial Services

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A BILL

To authorize the award of a congressional gold medal on behalf of the Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their heroic and dramatic contributions to the Nation, and for other purposes.

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'.

SEC. 2. EXPRESSION OF RECOGNITION.

The purposes of the medals authorized by this Act are to express recognition by the United States and the Congress 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.

SEC. 3. FINDINGS.

The Congress finds as follows:

(1) When the United States entered World War I, Indian people of the United States were not accorded the status of citizens of the United States.

(2) Without regard to this lack of citizenship, members of Indian Tribes and nations enlisted in the Armed Forces to fight on behalf of their native land.

(3) The first reported use of American Indian Code Talkers was on October 17, 1918.

(4) The Choctaw Code Talkers in World War I were the first Code Talkers that played a role in American military operations and transmitted vital communications that helped defeat German forces in Europe in World War I.

(5) 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.

(6) This was the first time in modern warfare that such transmission of messages in a native language was used for the purpose of confusing the enemy.

(7) On December 7, 1941, the Japanese Empire attacked Pearl Harbor, Hawaii and Congress declared war the following day.

(8) The United States Government called upon the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the United States Army to develop a secret code based on the Comanche language.

(9) During World War II, the United States employed Native American Code Talkers who developed secret means of communication based on Native languages and who were critical to winning the war.

(10) The Army recruited about 50 Native Americans for such special communication assignments and the Marines recruited several hundred Navajos for duty in the Pacific.

(11) In 2001, Congress and President Bush honored the Navajo Code Talkers with congressional gold medals for their contributions to the United States Armed Forces as radio operators during World War II.

(12) It is time for Congress to give all Native American Code Talkers the recognition they deserve for their contributions to United States victories in World War I and World War II.

(13) 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 served as Code Talkers during World War II.

(14) To the enemy's frustration, the code developed by these Native American Indians proved to be unbreakable and was used extensively throughout the European theater.

(15) The heroic and dramatic contributions of the Native American Code Talkers was instrumental in driving back Axis forces across the Pacific during World War II.

SEC. 4. CONGRESSIONAL GOLD MEDAL.

(a) Awards 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 Native American members of the United States Armed Forces, collectively, who served as Code Talkers in any foreign conflict in which the United States was involved during the 20th Century.

(b) Design and Striking-

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

(2) DESIGNS OF MEDALS EMBLEMATIC OF CODE TALKER SERVICE- The design of the gold medal struck under this subsection in recognition of Native American Code Talkers shall be emblematic of the heroic and dramatic service of such Code Talkers.

(3) INDIAN TRIBE DEFINED- For purposes of this Act, the term `Indian tribe' has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act.

(c) Display of Gold Medal- Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution where it will be displayed as appropriate and made available for research.

(d) Presentation of Duplicate Gold Medals to Tribal Governments- The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold duplicate of the gold medal awarded under subsection (a) to the government of each Indian tribe that the Secretary and the Secretary of Defense jointly determine had tribal members who served as Code Talkers in the United States Armed Forces in any foreign conflict in which the United States was involved during the 20th Century.

SEC. 5. SILVER DUPLICATES FOR INDIVIDUAL CODE TALKERS.

(a) In General- The Secretary shall strike duplicates in silver of the gold medals struck under section 4 for transmittal, in a manner to be determined by the Speaker of the House of Representatives and the President pro tempore of the Senate, to each individual identified under subsection (b) as a 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 or to the next of kin or other personal representative of any such Native American who has deceased before such presentation.

(b) Determination of Identity of Code Talkers- For purposes of determining eligibility for a silver duplicate under subsection (a), the Secretary shall consult with the Secretary of Defense who shall make prompt determinations of such eligibility.

SEC. 6. BRONZE DUPLICATE MEDALS FOR SALE TO PUBLIC.

Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 4, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses.

SEC. 7. NATIONAL MEDALS.

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

SEC. 8. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.

(a) Authorization of Appropriations- There is 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 authorized under sections 4 and 5.

(b) Proceeds of Sale- Amounts received from the sale of duplicate bronze medals under this Act shall be deposited in the United States Mint Public Enterprise Fund.

SEC. 9. RULE OF CONSTUCTION.

No provision of this Act shall be construed as authorizing the award of a duplicate medal to any individual, or any next of kin or personal representative of any individual, previously honored pursuant to section 1101 of title XI of division B of H.R. 5666, as enacted by reference in Public Law 106-554.

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