PUBLIC LAW 110–420—OCT. 15, 2008 

CODE TALKERS RECOGNITION ACT OF 2008 


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122 STAT. 4774 PUBLIC LAW 110–420—OCT. 15, 2008 

Public Law 110–420 

110th Congress 

An Act 

To require the issuance of medals to recognize the dedication and valor of Native 

American code talkers. 

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 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. 

Code Talkers 

Recognition Act 

of 2008. 

Armed Forces. 

31 USC 5111 

note. 

Oct. 15, 2008 

[H.R. 4544] 


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PUBLIC LAW 110–420—OCT. 15, 2008 122 STAT. 4775 

(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. 


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122 STAT. 4776 PUBLIC LAW 110–420—OCT. 15, 2008 

(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). 


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PUBLIC LAW 110–420—OCT. 15, 2008 122 STAT. 4777 

LEGISLATIVE HISTORY—H.R. 4544: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 23, 25, considered and passed House. 

Sept. 30, considered and passed Senate. 

Æ 

(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. 

Approved October 15, 2008. 


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