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 jurisdic-
tion 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 re-
source centers, and for other purposes.
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 ‘‘Military Decoration
Preservation Act’’.
SEC. 2. PRESERVATION OF MILITARY MEDALS.
(a) IN GENERAL.—Subject to subsection (c), if any
unclaimed property consisting of a military decoration is
subject to escheatment to a State, or is otherwise subject
to a custodial taking by a State, the person having custody
of such military decoration shall deliver the military deco-
ration to the Secretary concerned, in accordance with reg-
ulations which the Secretary of Defense shall prescribe,
instead of an official of such State.
(b) CUSTODY AND DISPLAY OF UNCLAIMED MILI-
TARY DECORATIONS.—The Secretary concerned—
(1) shall maintain custody of any military deco-
ration delivered to the Secretary pursuant to sub-
section (a); and
(2) may, subject to such terms and conditions
as the Secretary of Defense or the Secretary con-
cerned may prescribe by regulation or order, provide
for the display of such decoration in any museum or
exhibition which the Secretary of Defense or the
Secretary concerned determines to be appropriate,
including State and military museums.
(c) EXEMPTION FOR STATES WHICH PROVIDE SIMI-
LAR TREATMENT.—The Secretary of Defense may exempt
persons having custody of military decorations in any
State from the requirements of this section if the Sec-
retary determines that such State has in effect—
(1) a requirement that an appropriate State of-
ficial maintain the beneficial ownership of any un-
claimed military decoration that escheats to the
State, or is otherwise subject to a custodial taking
by the State; and
(2) a prohibition on the sale of such military
decoration.
(d) CLAIMS BY OWNER.—Any person claiming an in-
terest in a military decoration delivered to a Secretary
concerned under subsection (a) may file a claim with the
Secretary concerned for such decoration, in accordance
with regulations which the Secretary of Defense shall pre-
scribe.
(e) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) MILITARY DECORATION.—The term ‘‘mili-
tary decoration’’ means a decoration (as defined in
section 1130(c)(2) of title 10, United States Code).
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ has the same meaning as in sec-
tion 101(a)(9) of title 10, United States Code.
SEC. 3. EXCLUSION OF MILITARY MEDALS FROM ESTATES
IN BANKRUPTCY.
Section 541(b) of title 11, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (5) the fol-
lowing new paragraph:
‘‘(6) any interest of the debtor in any decora-
tion (as defined in section 1130(c)(2) of title 10,
United States Code), if the debtor was the initial re-
cipient of the decoration or acquired such interest by
gift or inheritance.’’.
Æ