CHAPTER 775 - DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS

Title 10 > CHAPTER 775

Sections (3)

§ 7712 Disposition of effects of deceased persons by summary court-martial

(a) Upon the death of— a person subject to military law at a place or command under the jurisdiction of the Army; or a resident of the Armed Forces Retirement Home who dies in an Army hospital outside the District of Columbia when sent from the Home to that hospital for treatment; the commanding officer of the place or command shall permit the legal representative or the surviving spouse of the deceased, if present, to take possession of the effects of the deceased that are then in camp or quarters.

(b) If there is no legal representative or surviving spouse present, the commanding officer shall direct a summary court-martial to collect the effects of the deceased that are then in camp or quarters.

(c) The summary court-martial may collect debts due the decedent’s estate by local debtors, pay undisputed local creditors of the deceased to the extent permitted by money of the deceased in the court’s possession, and shall take receipts for those payments, to be filed with the court’s final report to the Department of the Army.

(d) As soon as practicable after the collection of the effects and money of the deceased, the summary court-martial shall send them at the expense of the United States to the living person highest on the following list who can be found by the court: The surviving spouse or legal representative. A child of the deceased. A parent of the deceased. A brother or sister of the deceased. The next-of-kin of the deceased. A beneficiary named in the will of the deceased.

(e) If the summary court-martial cannot dispose of the effects under subsection (d) because there are no persons in those categories or because the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the deceased, except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, into cash, by public or private sale, but not until 30 days after the date of death of the deceased.

(f) As soon as practicable after the effects have been converted into cash under subsection (e), the summary court-martial shall deposit all cash in the court’s possession and belonging to the estate with the officer designated in regulations, and shall send a receipt therefor, together with any will or other papers of value, an inventory of the effects, and articles not permitted to be sold, to the executive part of the Department of the Army. The Secretary of the Army shall deliver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.

§ 7714 Collection of captured flags, standards, and colors

The Secretary of the Army shall have sent to him all flags, standards, and colors taken by the Army from enemies of the United States. ( Aug. 10, 1956, ch. 1041 , 70A Stat. 266 , § 4714; renumbered § 7714, Pub. L. 115–232, div. A, title VIII, § 808(d) , Aug. 13, 2018 , 132 Stat. 1839 .)

§ 7715 Army museum system

(a) In General.— The Secretary of the Army shall support a system of official Army museums within the United States Army Center of Military History. Such system shall include the National Museum of the United States Army and may contain other museums honoring individual installations, units, and branches, as designated by the Secretary of the Army, that meet criteria established under subsection (b).

(b) Criteria for Designation.— The Secretary of the Army shall establish criteria for designating museums of subsection (a) for inclusion in the Army museum system. Such criteria shall include— historical significance to Army operations, technology, or personnel; public accessibility and educational outreach programs; and alignment with the mission of the Army to preserve its heritage.

(c) Criteria for Closure.— The Secretary of the Army shall establish criteria for closing museums within the Army museum system. No museum within such system may be closed until— the Secretary of the Army submits to the Committees on Armed Services of the House of Representatives and the Senate notice that includes— a plan for the preservation, storage, or alternate display of historical collections contained in the museum; how any issues relating to museum personnel will be resolved; an identification of any efforts to maintain museum operations through public-private partnerships; and an analysis of the cost to transport, consolidate, and preserve the historical collections contained in the museum; and a period of 90 days has elapsed after the date on which such notice is received by such committees.

(d) Funding and Support.— Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the Army museum system.