text: 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.
target: Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals (to be maintained by the Smithsonian Institution) to recognize the service of Native American code talkers during World War I and World War II. Defines "code talker" as a Native American who served in the Armed Forces during a foreign conflict and who transmitted secret coded messages for tactical military operations during World War I and World War II using native tribal language.
  
  Directs the Secretary of the Treasury: (1) in consultation with the Secretary of Defense and Indian tribes, to identify each Native American tribe, with the exception of the Navajo Nation, that had a member serve as a Native American code talker; (2) to provide a list of such code talkers to the Smithsonian Institution; (3) to design and strike the gold medals to be awarded; and (4) to strike silver duplicate medals for such code talkers or their next of kin or personal representatives. Authorizes the Secretary to strike and sell bronze duplicate medals to pay for the cost of the gold and silver medals.
  
  Directs the Smithsonian Institution to accept and maintain the gold medals awarded on behalf of the code talkers. Encourages the Smithsonian Institution to create a standing exhibit for Native American code talkers or Native American veterans.
  
  Authorizes payment from the U.S. Mint Public Enterprise Fund for the cost of medals struck pursuant to this Act.
feat_title: To require the issuance of medals to recognize the dedication and valor of Native American code talkers.