I

106TH CONGRESS

2D SESSION H. R. 5517

To provide for the return of escheated property consisting of military medals

to the military department which issued them, to authorize the military

departments to donate such medals to appropriate museums and resource

centers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 2000

Mr. SHERMAN (for himself, Mr. BLAGOJEVICH, Mr. HOEFFEL, Mrs. KELLY,

Mrs. MYRICK, Mr. KIND, Mr. TANNER, Mr. MASCARA, Mrs.

CHRISTENSEN, Mr. SKELTON, Mr. FALEOMAVAEGA, Mr. ETHERIDGE,

Ms. SLAUGHTER, Ms. ESHOO, Mr. MCGOVERN, Ms. KILPATRICK, and

Mr. INSLEE) introduced the following bill; which was referred to the

Committee on Armed Services, and in addition to the Committee on the

Judiciary, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the return of escheated property consisting

of military medals to the military department which

issued them, to authorize the military departments to

donate such medals to appropriate museums and resource centers, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Military Decoration

3 Preservation Act’’.

4 SEC. 2. PRESERVATION OF MILITARY MEDALS.

5 (a) IN GENERAL.—Subject to subsection (c), if any

6 unclaimed property consisting of a military decoration is

7 subject to escheatment to a State, or is otherwise subject

8 to a custodial taking by a State, the person having custody

9 of such military decoration shall deliver the military deco10 ration to the Secretary concerned, in accordance with reg11 ulations which the Secretary of Defense shall prescribe,

12 instead of an official of such State.

13 (b) CUSTODY AND DISPLAY OF UNCLAIMED MILI14 TARY DECORATIONS.—The Secretary concerned—

15 (1) shall maintain custody of any military deco16 ration delivered to the Secretary pursuant to sub17 section (a); and

18 (2) may, subject to such terms and conditions

19 as the Secretary of Defense or the Secretary con20 cerned may prescribe by regulation or order, provide

21 for the display of such decoration in any museum or

22 exhibition which the Secretary of Defense or the

23 Secretary concerned determines to be appropriate,

24 including State and military museums.

25 (c) EXEMPTION FOR STATES WHICH PROVIDE SIMI26 LAR TREATMENT.—The Secretary of Defense may exempt
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1 persons having custody of military decorations in any

2 State from the requirements of this section if the Sec3 retary determines that such State has in effect—

4 (1) a requirement that an appropriate State of5 ficial maintain the beneficial ownership of any un6 claimed military decoration that escheats to the

7 State, or is otherwise subject to a custodial taking

8 by the State; and

9 (2) a prohibition on the sale of such military

10 decoration.

11 (d) CLAIMS BY OWNER.—Any person claiming an in12 terest in a military decoration delivered to a Secretary

13 concerned under subsection (a) may file a claim with the

14 Secretary concerned for such decoration, in accordance

15 with regulations which the Secretary of Defense shall pre16 scribe.

17 (e) DEFINITIONS.—For purposes of this section, the

18 following definitions shall apply:

19 (1) MILITARY DECORATION.—The term ‘‘mili20 tary decoration’’ means a decoration (as defined in

21 section 1130(c)(2) of title 10, United States Code).

22 (2) SECRETARY CONCERNED.—The term ‘‘Sec23 retary concerned’’ has the same meaning as in sec24 tion 101(a)(9) of title 10, United States Code.
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1 SEC. 3. EXCLUSION OF MILITARY MEDALS FROM ESTATES

2 IN BANKRUPTCY.

3 Section 541(b) of title 11, United States Code, is

4 amended—

5 (1) by striking ‘‘or’’ at the end of paragraph

6 (4);

7 (2) by striking the period at the end of para8 graph (5) and inserting ‘‘; or’’; and

9 (3) by inserting after paragraph (5) the fol10 lowing new paragraph:

11 ‘‘(6) any interest of the debtor in any decora12 tion (as defined in section 1130(c)(2) of title 10,

13 United States Code), if the debtor was the initial re14 cipient of the decoration or acquired such interest by

15 gift or inheritance.’’.

Æ