10 U.S.C. § 7712 — Disposition of effects of deceased persons

Page 3117 TITLE 10—ARMED FORCES § 7712 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7690. Recyclable munitions materials: sale; use of proceeds (a) AUTHORITY FOR PROGRAM.—Notwith- standing section 2577 of this title, the Secretary of the Army may carry out a program to sell re- cyclable munitions materials resulting from the demilitarization of conventional military muni- tions without regard to chapter 5 of title 40 and use any proceeds in accordance with subsection (c). (b) METHOD OF SALE.—The Secretary shall use competitive procedures to sell recyclable muni- tions materials under this section in a manner consistent with Federal procurement laws and regulations. (c) PROCEEDS.—(1) Proceeds from the sale of recyclable munitions materials under this sec- tion shall be credited to an account that is spec- ified as being for Army ammunition demili- tarization from funds made available for the procurement of ammunition, to be available only for reclamation, recycling, and reuse of conventional military munitions (including re- search and development and equipment pur- chased for such purpose). (2) Amounts credited under this subsection shall be available for obligation for the fiscal year during which the funds are so credited and for three subsequent fiscal years. (d) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out the program es- tablished under this section. Such regulations shall be consistent and in compliance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the regulations implementing that Act. (Added Pub. L. 109–364, div. A, title III, § 353(a), Oct. 17, 2006, 120 Stat. 2161, § 4690; renumbered § 7690, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes REFERENCES IN TEXT The Solid Waste Disposal Act, referred to in subsec. (d), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4690 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 775—DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS Sec. 7712. Disposition of effects of deceased persons by summary court-martial. 7714. Collection of captured flags, standards, and colors. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 445 of this title as this chapter and items 4712 and 4714 as 7712 and 7714, respectively. 1999—Pub. L. 106–65, div. A, title VII, § 721(c)(3), (5), Oct. 5, 1999, 113 Stat. 694, 695, substituted ‘‘DISPOSI- TION’’ for ‘‘INQUESTS; DISPOSITION’’ in chapter heading and struck out item 4711 ‘‘Inquests’’. 1990—Pub. L. 101–510, div. A, title XV, § 1533(a)(7)(B), Nov. 5, 1990, 104 Stat. 1734, struck out item 4713 ‘‘Dis- position of effects of deceased persons by Soldiers’ and Airmen’s Home’’. 1980—Pub. L. 96–513, title V, § 512(21)(C), Dec. 12, 1980, 94 Stat. 2930, inserted ‘‘and Airmen’s’’ after ‘‘Soldiers’ ’’ in item 4713. § 7712. Disposition of effects of deceased persons by summary court-martial (a) Upon the death of— (1) a person subject to military law at a place or command under the jurisdiction of the Army; or (2) a resident of the Armed Forces Retire- ment Home who dies in an Army hospital out- side the District of Columbia when sent from the Home to that hospital for treatment; the commanding officer of the place or com- mand 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 sur- viving 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: (1) The surviving spouse or legal representa- tive. (2) A child of the deceased. (3) A parent of the deceased. (4) A brother or sister of the deceased. (5) The next-of-kin of the deceased. (6) A beneficiary named in the will of the de- ceased. (e) If the summary court-martial cannot dis- pose of the effects under subsection (d) because there are no persons in those categories or be- Page 3118 TITLE 10—ARMED FORCES § 7714 cause the court finds that the addresses of the persons are not known or readily ascertainable, the court may convert the effects of the de- ceased, 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 regula- tions, and shall send a receipt therefor, together with any will or other papers of value, an inven- tory 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 264, § 4712; Pub. L. 89–718, § 30, Nov. 2, 1966, 80 Stat. 1119; Pub. L. 96–513, title V, § 512(20), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 99–145, title XIII, § 1301(b)(4)(A), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–510, div. A, title XV, § 1533(a)(6), Nov. 5, 1990, 104 Stat. 1734; Pub. L. 104–316, title II, § 202(g), Oct. 19, 1996, 110 Stat. 3842; renumbered § 7712, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4712(a) ..... 4712(b) ..... 5:150j (words before 1st semicolon of 1st par.; and last par.). 5:150j (22 words after 1st semicolon of 1st par.). June 4, 1920, ch. 227, subch. II, § 1 (Art. 112), 41 Stat. 809; May 5, 1950, ch. 169, § 6(c), 64 Stat. 145. 4712(c) ..... 5:150j (words between 1st and 2d semicolons of 1st par., less 1st 22 words). 4712(d) ..... 5:150j (words between 2d and 3d semicolons of 1st par.). 4712(e) ..... 5:150j (words between 3d and 4th semicolons of 1st par.). 4712(f) ..... 5:150j (1st par., less words before 4th semicolon, and less last 40 words). 4712(g) ..... 5:150j (last 40 words of 1st par.). In subsection (a), the words ‘‘the court-martial juris- diction of the Army or the Air Force at a place or com- mand under the jurisdiction of the Army’’ are sub- stituted for the words ‘‘military law’’, to reflect the creation of a separate Air Force. Clause (2) is sub- stituted for 5:150j (last par.). In subsections (a), (b), and (d), the words ‘‘surviving spouse’’ are substituted for the word ‘‘widow’’. In subsection (c), the word ‘‘may’’ is substituted for the words ‘‘shall have authority to’’. The words ‘‘to the extent permitted’’ are substituted for the words ‘‘in so far as * * * will permit’’. The words ‘‘under this arti- cle’’ and ‘‘upon its transactions’’ are omitted as sur- plusage. In subsection (d), the words ‘‘through the Quarter- master Corps’’ are omitted, since the functions are no longer lodged in the Quartermaster Corps. The words ‘‘if such be found by said court’’ are omitted as surplus- age. The words ‘‘United States’’ are substituted for the word ‘‘Government’’. 5:150j (19 words before 3d semi- colon of 1st par.) is omitted as covered by subsection (g). In subsection (e), the first 37 words are substituted for 5:150j (33 words after 3d semicolon of 1st par.). The word ‘‘may’’ is substituted for the words ‘‘shall have the authority’’. In subsection (f), the words ‘‘Soldiers’ Home’’ are in- serted, since, as provided in section 4713 of this title, the Home is now the place where the mentioned arti- cles are sent. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4712 of this title as this section. 1996—Subsec. (g). Pub. L. 104–316 struck out subsec. (g) which read as follows: ‘‘The summary court-martial shall make a full report of the transactions under this section, with respect to the deceased, to the Depart- ment of the Army for transmission to the General Ac- counting Office for action authorized in the settlement of accounts of deceased members of the Army.’’ 1990—Subsec. (a)(2). Pub. L. 101–510, § 1533(a)(6)(A), substituted ‘‘a resident of the Armed Forces Retire- ment Home’’ for ‘‘an inmate of the United States Sol- diers’ and Airmen’s Home’’. Subsec. (f). Pub. L. 101–510, § 1533(a)(6)(B), struck out ‘‘for transmission to the United States Soldiers’ and Airmen’s Home’’ after ‘‘Department of the Army’’ and inserted at end ‘‘The Secretary of the Army shall de- liver to the Armed Forces Retirement Home all items received by the executive part of the Department of the Army under this subsection.’’ 1985—Subsec. (d). Pub. L. 99–145 substituted new pars. (1) to (6) for former pars. (1) to (9) which read as fol- lows: ‘‘(1) Surviving spouse or legal representative. ‘‘(2) Son. ‘‘(3) Daughter. ‘‘(4) Father, if he has not abandoned the support of his family. ‘‘(5) Mother. ‘‘(6) Brother. ‘‘(7) Sister. ‘‘(8) Next of kin. ‘‘(9) Beneficiary named in the will of the deceased.’’ 1980—Subsecs. (a)(2), (f). Pub. L. 96–513 substituted ‘‘United States Soldiers’ and Airmen’s Home’’ for ‘‘Sol- diers’ Home’’. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘military law’’ for ‘‘the court-martial jurisdiction of the Army or the Air Force’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Pub. L. 101–510, for- merly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 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; re- numbered § 7714, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)