I 
108TH CONGRESS 
2D SESSION 
H. R. 5304 
To establish a memorial for 40 fallen American servicemen who perished 
in the tragic air crash during World War II at Bakers Creek, Australia 
on June 14, 1943. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2004 
Mrs. CAPITO introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs, and in addition to the Committees on Armed 
Services and Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish a memorial for 40 fallen American servicemen 
who perished in the tragic air crash during World War 
II at Bakers Creek, Australia on June 14, 1943. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bakers Creek Air 
Crash Memorial Act of 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) During the Second World War, the United 
States Army Air Corps, established rest and recre-
ation facilities in Mackay Queensland, Australia. 
(2) From the end of January 1943 until early 
1944, thousands of United States servicemen were 
ferried almost daily from New Guinea to Mackay. 
(3) These servicemen traveled by air transport 
to spend an average of 10 days on a rest and relax-
ation furlough. 
(4) These servicemen were usually carried by 
two B–17 Flying Fortresses converted for transport 
duty. 
(5) On Monday, June 14, 1943, just before 
dawn, at about 6 a.m., Boeing B–17C, Serial/Tail 
Number 40–2072, took off headed for Port Moresby. 
(6) There were 6 crew and 35 passengers 
aboard. 
(7) The aircraft took off into fog and, soon 
after, made a turn at low altitude. 
(8) A few minutes after take-off, it crashed, at 
Bakers Creek, killing all but one of those on board. 
(9) The cause of the crash remains a mystery 
and is relatively unknown outside Mackay.
(10) United States officials who were under or-
ders not to reveal the presence of Allied troops in 
Australia, kept the crash a secret during the war. 
(11) Relatives of the victims received telegrams 
from the United States War Department that said 
little more than the serviceman had been killed in an 
air crash in the South West Pacific. 
(12) The victims’ remains were flown to 
Townsville where they were buried in the Belgian 
Gardens United States military cemetery. 
(13) Early in 1946, they were disinterred and 
shipped to Hawaii for reburial. 
(14) 13 are buried in the Punchbowl cemetery, 
Hawaii and the remainder were returned to the 
United States mainland. 
(15) 15 years ago Robert Cutler was reading 
his father’s wartime journals and found reference to 
the accident. 
(16) This discovery inspired Mr. Cutler to em-
bark upon a research project that would consume 
more than a decade and take him to Australia. 
(17) Mr. Cutler’s work and trip to Australia 
brought to light this valuable information.
SEC. 3. BAKERS CREEK AIR CRASH MEMORIAL MARKER IN 
ARLINGTON NATIONAL CEMETERY. 
(a) ESTABLISHMENT.—Subject to section 3, the Sec-
retary of the Army is authorized to place in Arlington Na-
tional Cemetery a memorial marker to honor the memory 
of the members of the Armed Forces of the United States 
who lost their lives at Bakers Creek, Australia on June 
14, 1943. 
(b) APPROVAL OF DESIGN AND SITE.—The Secretary 
of the Army shall have exclusive authority to approve an 
appropriate design and site within Arlington National 
Cemetery for the memorial authorized under subsection 
(a). 
SEC. 4. ALTERNATIVE SITE FOR BAKERS CREEK AIR CRASH 
MEMORIAL. 
(a) IDENTIFICATION OF ALTERNATIVE SITE.—If the 
Secretary of the Army determines that there is not suffi-
cient space in Arlington National Cemetery for the memo-
rial marker referred to in section 2, the Secretary of De-
fense and the Secretary of the Interior shall jointly iden-
tify appropriate alternative sites for that memorial mark-
er. 
(b) REPORT TO CONGRESS.—The Secretary of De-
fense shall submit to Congress a report containing the al-
ternative sites identified under subsection (a).
(c) SELECTION OF SITE.—The Secretary of Defense 
is authorized to place in a site selected by the Secretary 
a memorial marker to honor the memory of the members 
of the Armed Forces of the United States who lost their 
lives at Bakers Creek, Australia on June 14, 1943. 
(d) ADMINISTRATION.—If the memorial marker is es-
tablished on a site identified under subsection (a), the me-
morial marker shall be placed, maintained, and adminis-
tered by the Secretary of Defense. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
are necessary to implement this Act. 
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