[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5517 Introduced in House (IH)]







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.

    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 ``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 decoration to the Secretary concerned, in accordance with 
regulations which the Secretary of Defense shall prescribe, instead of 
an official of such State.
    (b) Custody and Display of Unclaimed Military Decorations.--The 
Secretary concerned--
            (1) shall maintain custody of any military decoration 
        delivered to the Secretary pursuant to subsection (a); and
            (2) may, subject to such terms and conditions as the 
        Secretary of Defense or the Secretary concerned 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 Similar Treatment.--The 
Secretary of Defense may exempt persons having custody of military 
decorations in any State from the requirements of this section if the 
Secretary determines that such State has in effect--
            (1) a requirement that an appropriate State official 
        maintain the beneficial ownership of any unclaimed 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 interest 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 
prescribe.
    (e) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Military decoration.--The term ``military decoration'' 
        means a decoration (as defined in section 1130(c)(2) of title 
        10, United States Code).
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        has the same meaning as in section 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 paragraph (5) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) any interest of the debtor in any decoration (as 
        defined in section 1130(c)(2) of title 10, United States Code), 
        if the debtor was the initial recipient of the decoration or 
        acquired such interest by gift or inheritance.''.
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