Code Talkers Recognition Act of 2008
PL 110-420 (H.R.4544), enacted 10/15/2008

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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122 STAT. 4775 
PUBLIC LAW 110–420—OCT. 15, 2008 
(9) The United States Marine Corps recruited several hun-
dred 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 Amer-
ican 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 Rep-
resentatives 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 consulta-
tion with the Secretary of Defense and the tribes, shall— 
(1) determine the identity, to the maximum extent prac-
ticable, 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 identi-
fied 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 para-
graph (1) shall be emblematic of the participation of the code 
talkers of each recognized tribe. 
(3) TREATMENT.—Each medal struck pursuant to this sub-
section 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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122 STAT. 4777 
PUBLIC LAW 110–420—OCT. 15, 2008 
LEGISLATIVE HISTORY—H.R. 4544: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 23, 25, considered and passed House. 
Sept. 30, considered and passed Senate. 
(2) ELIGIBILITY FOR AWARD.— 
(A) IN GENERAL.—A Native American shall be eligible 
to be awarded a silver duplicate medal struck under para-
graph (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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