LETTER TO THE HONORABLE THE SECRETARY OF DEFENSE FROM ROGER W. JONES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01370R000400050023-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 37
• Document Creation Date: December 21, 2016
• Document Release Date: February 7, 2003
• Sequence Number: 23
• Publication Date: July 18, 1955
• Content Type: LETTER

1956
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4111GRESSIONAL RECORD ? HOUS?
tie to permit increased minimum water re-
leases from Lake Tahoe and restoration of
the Pyramid Lake fishery. The cost of such
facilities, including operation and mainte-
nance, shall be nonreimbursable. The cost
to the Federal Government of constructing
these facilities shall not exceed $2,000,000.
This amount shall not include the cost of
measures undertaken, pursuant to section 2
of the act of August 14, 1946 (60 Stat. 1080,
16 U. S. C. 661a), to mitigate damages to
fish and wildlife resources occasioned by the
Washoe project as authorized by section 1
of this act.
SEC. 5. There is hereby authorized to be
appropriated for construction of the Washoe
reclamation project the sum of $43,700,000
plus such amounts, if any, as may be re-
quired by reason of changes in construction
costs as indicated by engineering cost in-
dices applicable to the types of construction
involved therein and, in addition thereto,
such sums as may be required to operate and
maintain the project: Provided, That the
appropriation of funds for the construction,
operation, or maintenance of facilities au-
thorized by section 4 of this act shall not
be from the reclamation fund.
Mr. ENGLE (interrupting the reading
of the bill) . Mr. Chairman, I ask unan-
imous consent that the further reading
of the bill be dispensed with and that
the bill be open to amendment at any
point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
California?
There was no objection.
Mr. JONES of Missouri. Mr. Chair-
man, I move to strike out the last word.
Mr. Chairman, I take this time to ask
1 or 2 questions of the chairman: I
notice the report from the Bureau of
the Budget mentions the fact that no
commitment can be made at this time as
to when any estimate of appropriation
would be submitted for construction of
the project, if authorized by the Con-
gress. This means that the Bureau of
the Budget does not have any idea
that any money is going to be available
for this project in the near future. Is
that what that means?
Mr. ENGLE. This is customary lan-
guage, unless as, in some cases, the
Budget has already cleared money for
appropriation. For instance, on the
upper Colorado Basin project this year
when it came up it carried I think $10
million or some such sum to initiate that
project. What I understand it is saying
here is that this project is all right, but
they are not going to say when they will
approve appropriations to construct it.
In other words, they are not committing
themselves with reference to that.
Mr. JONES of Missouri. I did not read
this bill until today and have just read
hurriedly this report from the Bureau of
the Budget. I does not seem like a very
enthusiastic report. I notice here they
state:
Tie Bureau of the Budget also believes
that where proposed recreational facilities
are not of national significance, as in the
case of the Washoe project, they should not
be included in the project report unless
States and local governments agree to repay
the costs.
They have agreed to do that, have
they?
Mr. ENGLE. No, they have not. The
$2 million which is in here for fish and
wildlife was put in here because a project
built some 50 years ago, called the New-
lands project, killed off the fish propa-
gation in Pyramid Lake, which was one
of the great recreation areas of that
section of the country and of great value
to the Indians of that area. Conse-
quently, this is taking care of something
that should have been taken care of a
long, long time ago.
Mr. JONES of Missouri. I have an-
other question: In the last proviso of
the bill on page 7 it is provided:
That the appropriation of funds for the
construction, operation, or maintenance of
facilities authorized by section 4 of this
act shall not be from the reclamation fund.
That is the fish and wildlife section
there for the $2 million that the Federal
Government is going to appropriate for
the construction of those facilities. Is
that right?
Mr. ENGLE. That is correct. That is
the usual way of handling it. The rec-
lamation fund is the amount paid in
from these projects coming from the
oil and gas leases and what not. That
constitutes about half the money ap-
propriated for these western reclamation
projects. .
Mr. JONES of Missouri. Where is the
$2 million going to come from? The
gentleman said this is a self-liquidating
' project. Where is that going to be
liquidated from?
Mr. ENGLE. It comes out of the gen-
eral funds of the Treasury.
Mr. JONES of Missouri. It is not
going to be liquidated then?
Mr. ENGLE. That is correct. I was
very careful to say that the two items
which would not be paid back would be
flood control and the part allotted for
fish and wildlife, which is this $2 mil-
lion.
Mr. JONES of Missouri. I want to
refer to another thing. Things were
going kind of fast for me and I could
not keep up with it. You said all of this
land which was going to be put into pro-
duction was not going to produce any-
thing which was now in surplus; did I
understand that?
Mr. ENGLE. I cannot think of any-
thing that is going to be produced there
that has accumulated any surplus. The
gentleman from Nevada says less than
1 percent of the agricultural production
of the State of Nevada is under price
support; is that correct?
Mr. YOUNG. That is correct.
Mr. JONES of Missouri. One thing
that I am hesitant about is bringing any
more land into production that would
produce any crops that are in surplus. I
might ask the gentleman from Nevada,
Is this land which could be brought into
the production of cotton, if the water is
made available?
Mr. YOUNG. No, the land that will
probably be brought into cultivation is
at an altitude, I suppose, of five, six, or
seven thousand feet. There is a very
short growing season at that altitude and
the land would probably be adaptable
only or chiefly to grazing and various
dairy products.
Mr. JONES of Missouri. Will it raise
wheat?
Mr. YOUNG. / doubt if it will raise
very much wheat in that area.
11585
Mr. GROSS. Mr. Chairman, will the
gentleman yield?
The CHAIRMAN. The time of the
gentleman has expired.
Mr. GROSS. Are dairy products un-
der price support?
The CHAIRMAN. Under the ride, the
Committee rises.
Accordingly the Committee rose; and
the Speaker having resumed the chair,
Mr. SHEPPARD, Chairman of the Commit-
tee of the Whole House on the State of
the Union, reported that that Commit-
tee, having had under consideration the
bill (H. R. 10643) to authorize the Secre-
tary of the Interior to construct, operate,
and maintain the Washoe reclamation
project, Nevada and California, pursuant
to House Resolution 581, he reported the
bill back to the House.
The SPEAKER. Under the rule, the
previous question is ordered.
The question is on the engrossment
and third reading of the bill.
The bill was ordered to be engrossed
and read a third time and was read the
third time.
The SPEAKER. The question is on
the passage of the bill.
The question was taken; and the
Speaker announced that the ayes ap-
peared to have it.
Mr. HALEY. Mr. Speaker, I object to
the vote on the ground that a quorum is
not present and make the point of order
that a quorum is not present.
The SPEAKER. The Chair will count.
Mr. HALEY. Mr. Speaker, I withdraw
the point of order.
The SPEAKER. The point of order is
withdrawn.
The bill was passed.
A motion to reconsider was laid on
the table.
Mr. ENGLE. Mr. Speaker, / ask
unanimous consent for the present con-
sideration of the bill (S. 497) to author-
ize the Secretary of the Interior to con-
struct, operate, and maintain the Washoe
reclamation project, Nevada and Cali-
fornia.
The Clerk read the title of the bill.
The SPEAKER. Is there objection
to the request of the gentleman from
California?
There was no objection.
The Clerk read the Senate bill, as
follows:
Be it enacted, etc., That, for the purposes
of furnishing water for the irrigation of
approximately 50,000 acres of land in the
Carson and Truckee River Basins, Nevada
and California, providing drainage service
to approximately 31,000 acres of land there-
in, firming the existing water supplies of
lands under the Truckee River storage proj-
ect and the Newlands project, controlling
floods, and providing hydroelectric power,
development of fish and wildlife resources,
and for other beneficial purposes, the Sec-
retary of the Interior is authorized to con-
struct, operate, and maintain the Washoe
reclamation project consisting of two prin-
cipal reservoirs at the Stampede and Wa-
tasheamu site, together with other neces-
sary works for the impounding, diversion,
and delivery of water, the generation and
transmission of hydroelectric power, and the
drainage of lands. The dam at the Stampede
site shall be so constructed as to permit its
ultimate enlargement to a height at which
the reservoir will have a capacity of ap-
proximately 175,000 acre-feet.
zyz,4-ce4e
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11586 dIONGRESSIONAL RECORD ? HOle
SEC. 2. (a) In constructing, operating,
and maintaining the works authorized in
section 1 of this act, the Secretary shall
be governed by the Federal reclamation laws
(act of June 17, 1902, 32 Stat. 389, and acts
amendatory thereof or supplementary there-
to) except as is otherwise provided in this
act.
(b) Any contract entered into under sec-
tion 9, subsection (d), of the Reclamation
Project Act of 1939 (53 Stat. 1187, 1193; 43
U. S. C., 1952 edition, sec. 485h) for pay-
ment of those portions of the costs of con-
structing, operating, and maintaining the
Washoe reclamation project which are prop-
erly allocable to irrigation and drainage and
which are assigned to be paid by the con-
tracting organization may provide for the
repayment of the portion of the construc-
tion cost of the project assigned to any
project contract unit or, if the contract unit
be divided into two or more irrigation or
drainage blocks, to any such block over a
period of not more than 50 years, exclusive
of any permissible development period, or
as near thereto as is consistent with the
adoption and operation of a variable pay-
ment formula which, being based on full
repayment within the period stated under
normal conditions, permits variance in the
required annual payments in the light of
economic factors pertinent to the ability
of the organization to pay: Provided, That
neither the provisions of the third sentence
of section 46 of the act of May 25, 1926 (41
Stat. 636, 649) , nor any other similar pro-
vision of the Federal reclamation laws shall
be applicable to lands receiving supplemen-
tal water under the Washoe project.
(c) Notwithstanding any other provision
of law to the contrary, all net revenues de-
rived from the sale of commercial power
from the Washoe reclamation project shall
be applied, first, to the amortization of that
portion of the cost of constructing the proj-
ect which is allocated to commercial power
with interest on the unamortized balance
thereof at the average rate (which rate shall
be certified by the Secretary of the Treas-
ury) paid by the United States on its mar-
ketable long-term securities outstanding on
the date of this act, and, thereafter, to the
amortization of that portion of the cost of
constructing the project which is allocated
to irrigation and drainage but which is be-
yond the ability of the contracting irriga-
tion and drainage organizations to repay as
provided above: Provided, That the Secre-
tary, prior to the delivery of project water
supplies, shall have entered into a contract
or contracts with an organization or organi-
zations as defined in paragraph 2 (g) of
the Reclamation Project Act of 1939 (53
Stat. 1187) which have the capacity to levy
assessments upon all taxable real property
located within their boundaries to assist in
making repayments.
(d) Water users in Alpine County, Calif.,
shall have the opportunity to contract for
project water made available by the Wa-
taseamu Reservoir before such project water
is offered for the development of any new
land in Nevada. Should any such project
water be contracted for by Alpine County
water users, then in that event, such users
shall be permitted to exchange such water
for existing rights to natural flow or stored
water of the West Carson River.
(e) The use of water of the Little Truckee
River solely for the generation of electric
power by the Washoe project shall not im-
pair or preclude the appropriation of such
waters in the futuer for beneficial consump-
tive use within the Little Truckee River
watershed in California to the same ex-
tent as such waters may be presently avail-
able for such appropriation in the State
of California: Provided, That if and when
and interstate compact covering the distri-
bution and uSe of the waters of the Truckee
and Carson Rivers is approved by the legis-
latures of the States of California and Ne-
vada and is consented to by Congress, the
operation of the Washoe reclamation project
shall be in conformance with such compact,
and the foregoing restriction shall not apply.
SEC. 3. The Secretary is authorized to in-
vestigate, plan, construct, operate, and main-
tain minimum basic facilities .for access to,
and for the maintenance of public health
and safety and the protection of public prop-
erty on, lands withdrawn or acquired for the
development of the Washoe project, to con-
serve the scenery and natural, historic, and
archeologic objects, and to provide for public
use and enjoyment of the same and of the
water areas created by this project by such
means as are consistent with its primary
purposes. The Secretary is authorized to
withdraw from entry or other disposition un-
der the public-land laws such public lands
as are necessary for the construction, opera-
tion, and maintenance of said minimum
basic facilities and for the other purposes
specified in this section and to dispose of
such lands to Federal, State, and local gov-
ernmental agencies by lease, transfer, ex-
change, or conveyance upon such terms and
conditions as will best promote their devel-
opment and operation in the public interest.
The Secretary is further authorized to in-
vestigate the need for acquiring other lands
for said purposes and to report thereon to
the Committees on Interior and Insular Af-
fairs of the Senate and House of Representa-
tives, but no lands shall be acquired solely
for any of these purposes other than access
to project lands and the maintenance of
public health and safety and the protection ?
of public property thereon without further
authorization by the Congress. All costs
incurred pursuant to this section shall be
nonreimbursabie and nonreturnable.
SEC. 4. Facilities shall be provided for the
development of the fish and wildlife re-
sources of the project area including facili-
ties to permit increased minimum water re-
leases from Lake Tahoe and restoration of
the Pyramid Lake fishery. The cost of such
facilities, including operation and mainte-
nance, shall be nonreimbursable. The cost
to the Federal Government of constructing
these facilities shall not exceed $2 million.
This amount shall not include the cost of
measures undertaken, pursuant to section
2 of the act of August 14, 1946 (60 Stat.
1080, 16 U. S. C., sec. 661a) , to mitigate dam-
ages to fish and wildlife resources occasioned
by the Washoe project as authorized by sec-
tion 1 of this act.
SEC. 5. There is hereby authorized to be
appropriated for construction of the Washoe
reclamation project the sum of $43,700,000
plus such amounts, if any, as may be re-
quired by reason of changes in construction
costs as indicated by engineering cost in-
dices applicable to the types of construction
involved therein and, in addition thereto,
such sums as may be required to operate and
maintain the project.
Mr. ENGLE. Mr. Speaker, I offer an
amendment.
The Clerk read as follows:
Amendment offered by Mr. ENGLE: Strike
out all after the enacting clause and insert
the provisions of House bill, H. R. 10643, as
passed.
The SPEAKER. The question is on
the amendment offered by the gentleman
from California.
The amendment was agreed to.
The bill was ordered to be read a third
time, was read the third time, and passed,
and a motion to reconsider was laid on
the table.
On the motion of Mr. ENGLE, the pro-
ceedings whereby the bill, H. R. 10643,
was passed were vacated and that bill
was laid on the table.
July 13
VERENDR'YE NATIONAL MONUMENT
Mr. ENGLE. Mr. Speaker, I ask unan-
imous consent to take from the Speak-
er's table the bill (H. R. 1774) to abolish
the Verendrye National Monument, and
to provide for its continued public use
by the State of North Dakota for a State
historic site, and for other purposes, with
a Senate amendment thereto, disagree
to the amendment of the Senate and ask
for a conference with the Senate.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
fornia? [After a pause.] The Chair
hears none and appoints the following
conferees: Mr. ASPINALL, Mrs. PFOST, and
Messrs. UDALL, BERRY, and OSMERS.
AMENDING MISSING PERSONS ACT,
AS AMENDED
Mr. BROOKS of Louisiana. Mr.
Speaker, I ask unanimous consent for
the immediate consideration of the bill
(H. R. 11787) to amend further and make
permanent the Missing Persons Act, as
amended.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from Lou-
isiana?
There was no objection.
Mr. BROOKS of Louisiana. Mr.
Speaker, the purpose of H. R. 11787 is
to revise and make permanent the Miss-
ing Persons Act. This is the law which
provides for authority for heads of mil-
itary and other Government depart-
ments to continue payment of pay and
allowances of military and civilian per-
sonnel during periods of absence from
their posts of duty while in a missing
status. It also provides authority to
initiate and discontinue allowances to
dependents of such personnel and to
make judicial findings of death and
other determinations under appropriate
circumstances.
Congress first enacted the Missing
Persons Act in 1942 because it was rec-
ognized that such authority was needed,
inasmuch as the executive departments
could not, under existing law, make ap-
propriate and expeditious payments to
dependents of persons in a missing status
or settle the accounts of such missing
personnel. The original act would have
expired on July 25, 1947. However,
mounting tensions throughout the world
and the increased number of incidents
which had involved mysterious disap-
pearances and detention of individuals,
military and civilian, indicated that
there was a continued need for legislation
of this type. In addition, commitments
of the United States Government re-
quired that both military and civilian
personnel continue to serve within or
in the near vicinity of troubled afeas.
Consequently, on June 24, 1948, the Con-
gress extended the temporary Missing
Persons Act by section 4 (e) in the Se-
lective Service Act of 1948. Since that
time the Missing Persons Act has been
extended from time to time.
The demands of the international sit-
uation indicate that legislation of this
type is necessary, not only to meet the
current needs but to meet the needs for
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AGRESSIONAL RECORD ? HOUSA
years of future service. In the event of
war, legislation of this type would be
even more essential. Under the circum-
stances, I believe that this type of legis-
lation should be of a permanent nature.
It should not be necessary for us to have
to renew or reenact this type of legis-
lation on an annual basis.
Consequently, since 1942 this is the
first complete revision of the Missing
Persons Act. A great deal of the origi-
nal act is retained, and I will, at this
time, point out the substantive revisions.
In the first plade, part-time, hourly,
or intermittent employees are covered.
/ believe that provision of equitable
treatment to Federal employees em-
ployed on a part-time, intermittent, or
hourly basis is essential. It should not
make any difference how an employee is
paid if he becomes missing while in the
employment of the United States Gov-
ernment.
Secondly, employees who enter a miss-
ing status within the continental limits
of the United States will now be covered
when the head of the department con-
cerned determines that the missing sta-
tus is the proximate result of their em-
ployment. This extension of coverage,
under the bill, to Federal employees in
the United States is extremely important
because of the possibility that such em-
ployees may enter a missing status, while
performing their duties, as the result of
aircraft accident or while engaged in
security missions.
Third, the bill will extend limited cov-
erage to members of the Reserve com-
ponents while performing training duty
or inactive duty for training. If these
reservists enter a missing status while
performing that duty they will receive,
or have credited to their pay accounts,
the same pay and allowances that they
would receive if they were performing
full-time active duty. This coverage
provides benefits to members of the Re-
serve components comparable to those
provided for Regular personnel.
Fourth. The bill provides authority to
make a determination of death for de-
pendents of personnel covered by this
act. This determination will be conclu-
sive on all agencies of the Federal Gov-
ernment. There have been situations
where dependents of military and civilian
personnel have been directed to accom-
pany the principal as a routine require-
ment. With no authority to declare a
dependent in a missing status, other de-
pendents have suffered undue hardships
when judicial determinations have been
required prior to the payment of various
benefits by the Federal Government.
Fifth. The bill provides authority to
move household and personal effects to
the official residence of record or resi-
dence of the dependents or next of kin
of a person who is in a missing status for
a period of more than 30 days, with or
Without the application of the next of
kin or other persons having a substantial
interest in the return of such effects.
One of the difficulties under the law has
been that it provides only for shipment
to a dependent upon application and the
military services have encountered seri-
ous difficulties in locating dependents to
whom the household or personal effects
No. 119-21
can be shipped. This often results in un-
necessary storage costs and excessive
correspondence.
Sixth. The bill provides, in emergency
circumstances, for the sale of privately
owned vehicles and other bulky items,
the proceeds to be forwarded to the
owners or their dependents. This will
assist in reducing unnecessary claims
and excessive administration.
The committee amended the bill in
three substantive instances:
First. A committee amendment pro-
vides that this bill will only be applicable
to individuals who are citizens of the
United States, or who are aliens who have
been admitted to the United States for
permanent residence. Originally the
bill would have included all indigenous
employees of the United States, and I be-
lieve that inasmuch as the United States
Government is employing thousands of
nationals at various locations around the
world where it has military bases and in-
stallations, we should not include all of
these employees within the provisions of
the law.
Second, we have amended the bill so
as to clarify the type of pay and allow-
ances which would be received after a
person is declared in a missing status.
Originally the bill would have authorized
the payment of per diem for any person
who was in a per diem status when he
became missing. It was brought to our
attention that actual cases resulted dur-
ing World War If whereby a serviceman,
traveling under orders authorizing per
diem pay, was captured by the enemy,
and as a result of being in that status
when captured, was entitled to draw per
them, in addition to his pay and allow-
ances, for .each day he was a prisoner of
war. We do not favor this type of pay-
ment. We believe that a missing person
should have his account credited with the
actual pay and allowanraq he was receiv-
ing when he entered a missing status.
Third, the bill as originally introduced
would have provided no benefits for any
person who entered a missing status
while officially on active duty training
without pay. We have many interested
and patriotic reservists who participate
in Reserve training without pay, such as
Reserve aviators who fly on weekends.
If one of these reservists, serving in that
status, should become missing, we do
not believe he should be excluded from
this legislation. Consequently, we in-
cluded a provision whereby if a reservist
Is lost and declared to be in a missing
status when he is officially participating
in Reserve training without pay, he, or
his survivors, will be entitled to the pro-
visions of the legislation, and his pay
account will be credited with the pay of
his rank or grade, just as if he had been
in a pay status when he became missing.
The bill also provides that entitle-
ment to pay and allowances shall not be
denied in the case of a Philippine Scout
who was captured in the Philippine Is-
lands during World War II, solely on
the grounds that such member was
paroled or permitted to return to his
home prior to the termination of the oc-
cupation by the Japanese of the Philip-
pine Islands.
11587
I would like to tell you something of
the Philippine Scouts. These soldiers
were natives of the Philippines who were
actually members of the United States
Army. Now, they should not be confused
with the members of the Army of the
Philippines.
Early in this century the Congress au-
thorized a military component of the
United States Army to be made up of
qualified Filipinos and to be known as
the Philippine Scouts. This new organi-
zation became a part of the Regular
Army of the United States. Throughout
its proud history the personnel of the
Philippine Scouts was virtually hand-
picked, thus representing the cream of
the Philippine citizenry. As a result the
prestige of the Philippine Scouts rose,
and this career unit became one of great
distinction.
At the beginning of World War II and
upon the surrender of the Philippines,
Americans and Filipinos alike were taken
prisoners of war and diverted to prison
camps. Thereafter, the Japanese, want-
ing to relieve themselves of the large
number of prisoners, evolved a plan of
parole for the Filipinos. There was no
alternative to this parole unless it was
to choose to stay in prison camps and
most likely die from disease, wounds or
starvation. Consequently, the members
of the Philippine Scouts were paroled,
and most returned to their home villages,
but while there, they were under con-
stant surveillance and were required to
report to the Japanese authorities so
often that they were virtually in the
hands of the enemy.
As a matter of fact, the official United
States history of World War II states in
effect that parolees were just as effec-
tively prisoners of war as if they had
been confined to prison camps, and for
violations, or suspected violations, of pa-
role men were hauled back to prison
camps for long periods of unreasonable
questioning or periodical beatings, and
some were executed.
When parole violators could not be
found the Japanese inflicted cruel pen-
alties upon their families or upon entire
communities.
When the Philippine Islands were re-
captured and the members of the Phil-
ippine Scouts returned to military con-
trol the United States Army refused to
pay them their pay and allowances for
the time they were on parole.
Now, I would like to point out some of
the legal authorities concerning paroled
prisoners. For instance, Bouvier's Law
Dictionary defines a prisoner-of-war as
follows:
A prisoner of war is one who has been
captured while fighting under the banner of
some state. He is prisoner of war even
though never confined in prison.
And let us see what the opinions of the
Judge Advocate General of the United
States Army have to say concerning
paroled prisoners of war:
A paroled prisoner of war is simply a sol-
dier who has been placed under a disability
to engage in active operations against the
enemy. He remains a part of the army and
as much subject to military control as he was
before his capture. If he absents himself
from a post or station to which as a paroled
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11588 EIONGRESSIONAL RECORD ? HOTS July 13
prisoner of war he has been assigned by the
military authorities, he is absent without
leave or in desertion according to the intent
with which he absented himself.
Now, in addition to these quotations
which I have just read, permit me to call
Your attention to an official Army order
addressed as follows:
Message to all Filipino officers and men and
signed by Roger Hilsman, Colonel, Infantry,
United States Army, Commanding.
In this order Philippine Scouts are
told to surrender to the Japanese, and I
quote paragraph 5 verbatim:
5. By surrendering you will draw full pay
Until you are mustered out of the service and
you will be entitled to all bonus and insur-
ance privileges from USAFFE (U. S. Army
Forces Far East). You will also be recog-
nized as an honorable prisoner of war by the
Philippine Government, USAFFE and by the
Imperial Japanese Army and treated as such.
I have taken your time to call these
matters to your attention because it
seems almost inconceivable that the
United States Army has refused to pay
the members of the Philippine Scouts
who were paroled. Furthermore, I wish
to call to your attention the fact that
Department of the Navy holds the exact
opposite view, for it has paid all of its
Insular Forces, which forces were made
up of Filipinos and were enlisted in the
United States Navy exactly as were the
Philippine Scouts in the Army.
So we have the unpleasant spectacle of
one branch of the military service pay-
ing its Filipino servicemen, while prison-
ers of war, while another branch of the
service refuses to honor a similar debt.
We believe that the time has come
when our Government's obligation to
the remaining members of the Philippine
Scouts should be met. There are ap-
proximately 6,000 remaining members of
this organization, and if all now make
claims, under the provisions of this bill,
the total cost will not exceed $2,640,000.
In our opinion there is undoubtedly
a contractual obligation between the
United States Government and the
Philippine Scouts who were members of
the Regular Army, and that obligation
until now has not been honored, insofar
as the 6,000 remaining members of the
Scouts are concerned. It is high time
that the Congress take steps to see that
this is done. And I can think of no more
fitting time than during the month of
July 1956, when the Government of the
Philippines is celebrating the 10th anni-
versary of their independence. It would
seem only fitting that the Congress take
this action, which is so justly due and
which would be so well received in the
Philppines.
So I urge the support of the Members
for this bill. It will make the Missing
Persons Act permanent, together with
the necessary revisions which have re-
sulted in our 14 years' experience with
the act, and it will authorize the payment
of the just claims of the Philippine
Scouts.
Mr. Speaker, I reproduce a letter just
received from national headquarters of
the American Legion.
THE AMERICAN LEG/ON,
RATIONAL LEGISLATIVE COMMISSION,
Washington, D. C., July 13, 1956.
Hon. OVERTON BROOKS,
House of Representatives,
House Office Building,
Washington, D. C.
DEAR CONGRESSMAN Baooris: As you know,
the national organization of the American
Legion is deeply interested in the provisions
of H. R. 11787, a bill to amend the Missing
Persons Act, reported by the House Armed
Services Committee on June 29, 1956, and
which is about to come up for consideration
on the floor of the House.
Our organization is especially concerned
with the provisions authorizing benefits for
the Philippine Scouts. The bill provides
that entitlement to pay and allowances shall
not be denied in the case of any member
of the Philippine Scouts who was captured
in the Philippine Islands by the enemy dur-
ing World War II, solely on the ground such.
member was paroled or permitted to return
to his home during parole.
The Philippine Scouts were members of
the United States Army. They should not
be confused with members of the Army of
the Philippines. On or about February 2,
1901, Congress authorized the formation of
the Philippine Scouts and this organization
became a part of the Regular Army of the
United States. As was testified to during the
hearings before Subcommittee No. 1 of the
House Armed Services Committee, by Rev.
Father John E. Duffy, a past national chap-
lain of the American Legion and a former
chaplain of the United States Army, who
worked closely with the Philippine Scouts
during his service in the Philippines from
1933 to 1937 and again from 1940 until
December 13, 1941, the Philippine Scouts
were virtually handpicked and represented
the cream of the Philippine citizenry, As
a result the prestige of the Philippine Scouts
rose and their organization became one of
great distinction.
As is indicated in Report No. 2535 which
accompanied H. R. 11787, dated June 29,
1956, upon the surrender of the Philippines,
Americans and Filipinos alike were taken
to prisoner-of-war camps. Later on, desir-
ing to be relieved of the expense and trou-
ble of taking care of such large numbers of
prisoners, thousands of Philippine Scouts
were granted so-called paroles. As is set
forth on page 4 of Report No. 2535:
"If there was an alternative to parole It
could scarcely have been more than death
through disease or wounds or starvation.
Consequently, the members of the Philip-
pine Scouts were paroled but were kept
under constant surveillance and were re-
quired to report to the Japanese author-
ities so often that they were virtually in
the hands of the enemy. As a matter of
fact, the official United States history of
World War II states in effect that parolees
were just as effectively prisoners of war
as if they had been confined to prison camps.
For violations or suspected violations of pa-
role men were hauled back to prison camps
for long periods of unreasonable questioning
or periodical beatings, and some were exe-
cuted. When parole violators could not be
found the Japanese inflicted cruel penalties
upon their families or upon entire com-
munities.
"When the Philippine Islands were re-
captured and the members of the Philip-
pine Scouts returned to military control the
United States Army refused to pay them for
the time they were on parole."
The reason for legislation as set forth in
H. R. 11787 is that the Army refused to
pay the Philippine Scouts on the alleged
ground that they are not in a sa-called cas-
ualty status. In this connection I invite
your attention to the fact that under iden-
tical circumstances the Department of the
Navy held the opposite view and paid the
Filipinos engaged under its direction in the
so-called insular forces. Thus we find one
branch of the service (the Navy) paid its
Filipino servicemen for the exact type of
duty which another service (the Army) re-
fused to honor.
The House Armed Services Committee re-
ported there are approximately 6,000 re-
maining members of the organization and
If all of them were to file claims under the
bill, the total cost would not exceed $2,-
640,000.
This legislation seeks relief for the Phil-
ippine Scouts only and not for those who
served in the Philippine Army. It should
be borne in mind that members of the Phil-
ippine Army were not members of the United
States Army, as were the Philippine Scouts.
Anything you can do to further the pas-
sage of H. R. 11787 by the House of Repre-
sentatives would be deeply appreciated.
Sincerely yours,
MILES D. KENNEDY,
Director.
The Clerk read the bill, as follows:
Be it enacted, etc., That the Missing Per-
sons Act (56 Stat. 143), as amended, is fur-
ther amended as follows:
(a) Section 1 (a) (3) is amended to read:
"(3) Civilian officers and employees of the
departments except that the following cate-
gories of civilian officers and employees shall
be covered only upon a determination by the
head of the department concerned that such
status is the proximate result of employ-
ment by the department;
"(1) Persons who enter any status listed
In section 2 of this act within the continental
liimts of the United States; and
"(ii) Persons who enter any status listed
In section 2 of this act who are residents
at or in the vicinity of their places of em-
ployment in the Territories and possessions
or in foreign countries and who were not
living there solely as a result of their em-
ployment."
(b) Section 2 is amended to read:
"Sric. 2. Any person who is in the active
service, or is performing full-time training
duty, other full-time duty, or inactive
duty training and who is officially determined
to be absent in a status of missing, missing
In action, interned in a foreign country, cap-
tured by a hostile force, beleaguered by a
hostile force, or besieged by a hostile force
shall, for the period he is officially carried
or determined to be in any such status, be
entitled to receive or tO have credited to his
account the same pay and allowances to
which he was entitled at the beginning of
such period of absence or may become en-
titled thereafter, and entitlement to pay and
allowances shall terminate upon the date
of receipt by the department concerned of
evidence that the person is dead or upon the
date of death prescribed or determined under
provisions of section 5 of this act. Such
entitlement to pay and allowances shall not
terminate upon the expiration of a term of
service during absence and, in case of death
during absence, shall not terminate earlier
than the dates herein prescribed. There
shall be no entitlement to pay and allowances
for any period during which such person may
be officially determined absent from his post
of duty without authority and he shall be
indebted to the Government for any pay-
ments from amounts credited to his amount
for such period. Persons performing full-
time training duty, or inactive duty train-
ing shall be entitled to the benefits of this
section only when such persons are officially
determined to be absent in a status of miss-
ing, missing in action, interned in a for-
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eign country, captured by a hostile force, be-
leaguered by a hostile force, or beseiged by
a hostile force as a result of the performance
of prescribed duty ordered by competent au-
thority: Provided, That notwithstanding any
other provision of law, such entitlement to
pay and allowances shall not be denied, in
the case of any member of the Philippine
Scouts who was captured in the Philippine
Islands by the enemy during World War II,
solely on the ground that such member was
paroled and permitted to return to his home
and engage in civilian pursuits prior to the
termination of the Japanese occupation of
such islands. Claims of members of the
Philippine Scouts for pay and allowances
Under this section (whether or not such
claims have been presented and rejected or
disallowed) may, until 3 years after the date
of enactment of this act, be presented for
consideration or reconsideration and pay-
ment under this section."
(c) Section 9 is amended by the addition
of a subsection (a) to read:
"SEC. 9. (a) A dependent of any person in
active service, as defined by this act, is .a
'person' under this act for the sole purpose
of determining status as provided in sec-
tions 5 and 9, and any determination under
those sections by the head of the depart-
ment concerned shall be conclusive on all
other departments of the Government: Pro-
vided, That nothing in this section shall be
construed as conferring upon any depend-
ent any right to pay allowances, or other
compensation to which not other-wise en-
titled."
(d) Section 12 is amended to read:
"SEC. 12. The dependents and household
and personal effects of any person in active
service (without regard to pay grade) who is
officially reported as dead, injured, missing
for a period of 30 days or more, interned in
a foreign country, or captured by a hostile
force, may be moved (including packing,
crating, drayage temporary storage, and un-
packing of household and personal effects)
to the official residence of record for any such
person or to the residence of his dependent,
next of kin, or other person entitled to re-
ceive custody of the effects in accordance
with regulations issued by the head of the
department concerned; or, upon application
by -such dependent, next of kin, or other
person, or upon the person's application if
Injured, to such other location as may be de-
termined in advance or subsequently ap-
proved by the head of the department con-
cerned or by such persons as he may desig-
nate. When the head of the department
concerned determines that an emergency
exists and that such sale would be in the
best interests of the Government, he may
provide for the disposition of the motor ve-
hicles and other bulky items of such house-
hold and personal effects of the person by
public or private sale. Prior to any such
sale, and if practicable, a reasonable effort
shall be made to determine the desires of the
interested persons. The net proceeds re-
ceived from such sale shall be transmitted.
to the owner or to other persons in accord-
ance with regulations issued by head of the
department concerned; but if there be no
such persons or if such persons or their,0-
dresses are not ascertainable within 1 year
from the date of sale, the net proceeds may
be covered into the Treasury as miscel-
laneous receipts. Claims for net proceeds
which are covered into the Treasury under
the authority of this section may be filed
with the General Accounting Office by the
rightful owners, their heirs or next of kin, or
their legal representatives at any time prior
to the expiration of 5 years from the date the
proceeds are covered into the Treasury; and,
If so filed, the General Accounting Office shall
allow or disallow the claim. If claims are
not filed prior to the expiration of 5 years
from the date the proceeds are covered into
the Treasury, they shall be barred from being
acted on by the courts or the General Ac-
counting Office. The provisions of this sec-
tion shall not be construed as amending or
repealing the act of March 29, 1918 (ch. 31,
40 Stat. 499) ; section 1, subchapter II of the
act of June 4, 1920 (ch. 227, 41 Stat. 809),
as amended; the act of February 21, 1931 (ch.
268, 46 Stat. 1203), as amended; the act of
December 28, 1945 (ch. 597, 59 Stat. 662), as
amended; the Federal Tort Claims Act (60
Stat. 842-847), as amended; the act of April
14, 1949 (ch. 50, 63 Stat. 44); or section 507,
title 14, United States Code. The head of
the department concerned is authorized to
store the household and personal effects of
the person until such time as proper dis-
position can be made. The cost of such
storage and transportation, including pack-
ing, crating, drayage, temporary storage and
unpacking of household and personal effects,
shall be charged against appropriations cur-
rently available. In lieu of transportation
authorized by this section for dependents,
the head of the department concerned may
authorize the payment in money of amounts
equal to such commercial transportation
costs or a monetary allowance in lieu of
transportation as authorized by law for the
whole or such part of travel for which trans-
portation in kind is not furnished, when
such travel shall have been completed.
When the person is in an 'injured' status,
the movement of dependents or household
and personal effects provided for herein may
be authorized only in cases where the an-
ticipated period of hospitalization or treat-
ment will be of prolonged duration. No
transportation shall be authorized pursuant
to this section upon application by de-
pendents unless a reasonable relationship
exists between the condition and circum-
stances of the dependents and the destina-
tion to which transportation is requested.
Beginning June 25, 1950, and for the pur-
poses of this section only, the terms 'house-
hold and personal effects' and 'household
effects' may include, in addition to other
authorized weight allowances, not to exceed
one privately owned motor vehicle, ship-
ment of which at Government expense is
authorized in those cases where the vehicle
is located outside the continental limits of
the United States or in Alaska."
(e) Section 15 is amended to read:
"SEC. 15. This act, except sections 13, 16,
and 17, is effective from September 8, 1939."
SEC. 2. The amendments made by this act
shall be effective upon the date of enact-
ment.
With the following committee amend-
ments:
On page 1, line 7, following the word "de-
partments", add:
"Who are citizens or nationals of the
United States, or who are aliens who have
been admitted to the United States for per-
manent residence."
On page 2, line 18, after the word "same",
delete the words "pay and allowances" and
insert "basic pay, special pay, incentive pay,
basic allowance for quarters, and basic al-
lowance for subsistence."
On page 2, line 24, after the word "act."
add a new sentence as follows: "For the pur-
poses of the benefits prescribed herein the
person who is performing wartime training
duty or other wartime duty without pay,
or in active duty training with or without
pay, shall be treated as though he had been
entitled to receive the active duty pay and
allowances of his grade at the beginning
of and for the period in which he is carried
or determined to be in a missing status.
On page 6, line 2, after the word "claim",
add a new- sentence as follows: "When such
claim is allowed it shall be paid from the
appropriation for refunding moneys errone-
ously received and covered."
The committee amendments were
agreed to.
11589 -
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to re-
consider was laid on the table.
PROGRAM FOR WEEK OF JULY 16
(Mr. ARENDS asked and was given
permission to proceed for 1 minute.)
Mr. ARENDS. Mr. Speaker, I take
this time to ask the majority leader
about the program for next week and
what is going to happen tomorrow.
ADJOURNMENT TO MONDAY
Mr. McCORMACK. With the gentle-
man's permission I will now ask unani-
mous consent that when the House ad-
journs today it adjourn to meet on Mon-
day next.
The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts?
There was no objection.
CALENDAR WEDNESDAY
Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that business in
order on Calendar Wednesday next week
may be dispensed with.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?
Mr. WILLIAMS of Mississippi. Mr.
Speaker, I object.
COMMITTEE ON GOVERNMENT
OPERATIONS
Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that the Com-
mittee on Government Operations may
have until midnight Monday to file a .
report on the bill H. R. 11526.
The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts?
There was no objection.
PROGRAM
Mr. McCORMACK. Monday, Tues-
day, Wednesday, Thursday, Friday, and
Saturday:
Monday: Consent Calendar and the
civil-rights bill. There will be 2 days of
general debate on the civil-rights bill and
consideration of that bill will proceed to
final action with the exception that on
Tuesday the Private Calendar will be
called.
Wednesday, the Calendar of Commit-
tees will be called unless dispensed with
before that time.
The following bills are programed for
the week:
H. R. 11709, increase authorization of
appropriation for Atomic Energy Com-
mission.
H. R. 7992, legislative authorization
Defense Department-point of order
bill.
H. R. 4050, marketing facilities, per-
ishable commodities.
H. R. 8000, amend section 610 Civil
Aeronautics Act of 1938.
H. R. 11708, amend Agriculture Trade
Development and Assistance Act.
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I cannot say that the bills will neces-
sarily be called in the order I have given.
Any further program of course will be
announced later.
Conference reports may be brought up
at any time.
POLISH CITIZENS OF LOWELL,
MASS.
The SPEAKER. Under the previous
order of the House, the gentlewoman
from Massachusetts [Mrs. ROGERS] is
recognized for 5 minutes.
Mrs. ROGERS of Massachusetts. Mr.
' Speaker, I received the following letter
from the White House today:
THE WHITE HOUSE,
Washington, July 13, 1956.
The Honorable EDITH NounsE Roams,,
House of Representatives,
Washington, D. C.
MY DEAR Mits. Roczas: On behalf of the
'President, I am pleased to acknowledge your
July 10th letter and enclosure. I hope you
will convey to the Polish citizens of Lowell,
Mass., who signed the resolution the assur-
ance that they are not alone in their concern
over the treatment accorded those who took
part in the Poznan uprising. Our Govern-
ment's policies and actions have been aimed
at being as helpful as they can to those who
have suffered in this difficult situation, and
the resolution has been brought to the atten-
tion of those in the executive branch most
directly concerned. Your courtesy in bring-
ing this important communication to the
President's personal attention is much ap-
preciated.
With kindest regard,
Sincerely,
BRYCE N. HARLOW,
Administrative Assistant to the
President.
EXPRESSION OF APPRECIATION TO
SECRETARY WILSON
Mrs. ROGERS of Massachusetts. Mr.
Speaker, in the closing days or weeks of
the Congress I would like to express my
appreciation to Mr. Wilson, Secretary
of National Defense, and to the Army
and the Air Corps. To them I extend
my very deep appreciation for their co-
operation during this last year. I do not
know what my district and I would have
done without them.
HON. CARLOS P. ROMULO
(Mr. ROBSION of Kentucky asked and
was given permission to address the
House for 1 minute and to include an
address by General Romulo.)
Mr. ROBSION of Kentucky. Mr.
Speaker, Bellarmine College, one of our
country's institutions of learning that
is making its mark in our educational
world, a few days ago awarded its sec-
ond annual Bellarmine Medal to Gen.
Carlos P. Romulo, Philippine Ambassa-
dor to the United States. In announc-
ing the award of the medal, the presi-
dent of Bellarmine College, Msgr. Alfred
F. Horrigan, said in a press release:
The Bellarmine medal for 1956 will be pre-
sented to Carlos P. Romulo, Ambassador
from the Philippines to the United States.
The presentation ceremonies will take place
on June 26, 1966, at a civic dinner scheduled
for the Flag Room of the Kentucky Hotel.
The Bellarmine medal award was estab-
lished by Bellarmine College last year. It
is named for St. Robert Bellarmine, patroiz
of the college. Its purpose is to honor an-
nually a person who, on the national or in-
ternational scene, has exemplified in a spe-
cial manner the qualities of justice, charity
and temperance in dealing with diffiCult and
controversial problems.
These qualities marked in an extraordi-
nary degree the character of Robert Bellar-
mine. He lived in the turbulent and con-
troversial 16th century. He was deeply in-
volved in many of the central controversies
of his day. His dispassionate devotion to
truth, his mildnesa in debate, his fairness
to opponents won for him universal ac-
claim.
The Bellarmine medal was awarded for
the first time last spring. Its recipient was
Jefferson Caffery, often referred to as the
dean of the United States diplomatic corps.
Shortly before receiving the Bellarmine
medal last year, he concluded a 44-year
career in the Foreign Service by resigning
as American Ambassador to Egypt.
The presentation ceremony dinner honor-
ing Ambassador Romulo on June 26, will be
sponsored by the Bellarmine College Board
of Overseers. The present officers of the
board are Mr. B. J. Lenihan, Mr. William P.
Kelly, and Mr. Bart A. Brown, Sr. Guests
of honor at the dinner will include public
officials of the State and local community
and representatives of other institutions of
higher learning.
Ambassador Romulo has enjoyed an extra-
ordinary career as an editor, newspaperman,
author, lecturer, soldier, and diplomat. He
has received an almost unprecedented variety
of awards from universities, foundations, and
governments.
The great "cause" in his life has been the
promotion of world peace and international
understanding. For this cause he has fought
with sword, pen, and the spoken word. His
work and influence in the United Nations
have been acclaimed throughout the world.
He has been and remains one of the chief
media of constructive contact and interpre-
tation between East and West.
The moral and spiritual incentives of
Ambassador Romulo's life were illuminated
in a particular way in San Francisco in
1945, when he made a valiant effort to win
agreement for the policy of opening United
Nation's sessions with prayer.
Despite his outstanding accomplishment as
a journalist and author, many observers feel
that it is as an orator that Ambassador
Romulo has made the greatest impact on our
times. He is universally recognized as one of
the most notable public speakers of this gen-
eration.
Having addressed 14,000 people at a con-
vention in Cleveland, he received one of the
greatest ovations accorded to a speaker in
the history of that community. To tell the
story of the fall of Bataan, he made a 99,000-
mile speaking tour throughout the United
States.
In the years before the outbreak of World
War II, Mr. Romulo was engaged in editorial
and publication work in Manila. In 1942 he
won the Pulitzer prize in journalism for
distinguished correspondence, a series of
artieles written on a trip through the Far
, East just before the war.
During the war, he served as General Mac-
Arthur's aide-de-camp on Bataan, Corregi-
dor and Australia. He was promoted to
brigadier general in September 1944. He
also accompanied General MacArthur in the
Invasion of Leyte and in the recapture of
Manila.
This year's Bellarmine medalist held posts
In the cabinets of Philippine Presidents
Quezon, Osmena, Roxas, and Quirino. Be-
tween 1945 and 1954, he was chief of the
Philippine Mission to the United Nations.
In 1949 and 1950, he was President of the
Fourth General Assembly of the U. N.
?
-July .,?13
APPOINTED AMBASSADOR
In February 1954 he was appointed special
and personal envoy of the President of the
Philippines to the United States. He re-
signed this position on September 23, 1955.
The next da Y he was appointed Ambassador
to the United States.
Ambassador Romulo has been awarded
honorary degrees by 27 universities, includ-
ing the University of Athens, Temple, Notre
Dame, Manhattan College, Harvard, and
Boston College. He was nominated for the
Nobel peace prize in 1951 and 1953.
He is the author of seven widely acclaimed
books written in English. Among them is
his famous I Saw the Fall of the Philip-
pines, Crusade in Asia, and his latest, The
Meaning of Bandung.
Business and civic leaders of the com-
munity are being invited by the college
board of overseers to serve as members of
the committee of sponsors for the June 26
presentation dinner.
General Romulo delivered on that oc-
casion the following address which I in-
clude as part of the RECORD. During the
week when he received this medal from
Bellarmine College, General Romulo was
also honored by Denison University, in
Granville, Ohio, and by the University of
San Francisco, in California, when each
university conferred on him the degree
of doctor of laws, and by Bucknell Uni-
versity, in Lewisburg, Pa., which con-
ferred on him the degree of doctor of
civil law.
ADDRESS Druvrarn BY GEN. CARLOS P. ROMITLO,
PHILIPPINE AMBASSADOR TO THE UNITED
STATES, UPON BEING AWARDED THE BELLAR.?
MINE MATiAL, BELLARAIINE COLLEGE, LOME.
VILLE, KY., TUESDAY, JUNE 26, 1956
I am thrice honored today. You have hon-
ored me by asking me here to speak in this
great institution of learning where our true
faith is taught. You have honored me by
awarding me the Bellarmine medal, and
Robert Bellarmine stood out in the sixteenth
century as a great scholar, a profound phil-
osopher, and a divinely inspired theologian.
You have honored me by choosing me as
the succeeding recipient of the medal last
year awarded to Ambassador Jefferson Caf-
fery, dean of American diplomats.
Diplomacy is an unusual, vital, and im-
portant art. And my good friend Ambas-
sador Caffrey is- an artist of diplomacy of
the first rank. The knowledge, astuteness
and flexibility he possesses in such an un-
usual degree have served the cause of peace
and freedom during his 44-year career in
American foreign service.
Heart, sympathy, understanding. With-
out these no diplomat can serve his nation.
Ambassador Caffery has all these in abund-
ance and I feel that to be chosen the second
recipient of the Bellarmine medal, after
Ambassador Caffery, is an unusual tribute
primarily to my country and secondarily to
its servant.
The need for good diplomats and good
diplomacy is greater than ever in these days
of world turmoil.
The 20th century is essentially one of
struggle for man's freedom. It is the cen-
tury of millions seeking and attaining free-
dom from outworn imperialisms. It is the
century of man already free beating back
threats to freedom, justice, human dignity
and the right to make his decision in a
democratic society.
World War II marked the greatest physical
struggle of man to defeat tyrannies that
would make him a slave in spirit as well as
in body.
The totalitarianism of fascism, of nazism,
of Japanese militarism was finally broken
only after the most horrible war in man's
history. Since the end of Warld War II we
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mmir
EXECUTIVE OFFICE OF THE PRESIDEU
0
BUREAU OF THE BUDGET
Uashington 25, D. C.
y dear Mr. Secretary:
July 16, 1955
This is in reference to an item in your 1955 legislative
program entitled "To amend further the Missing Persons Act, as
amended."
This proposal contains provisions with which we have previ-
ously concurred informally. However, upon further review and
consideration of a proposal advanced by the Depa::tent of
Commerce we have come to the conclusion that it would be desir-
able
to provide coverage for civilian employees aloh lines which
you originally recomiended. This will have the effect of rining
them under the covere.Fe of the 7issing lersons ,ct whether serving
in this country or overseas. Accordinly? it is recommended that
the provisions of the pro:osed Lection 1(a)(3) br revised to pro-
vide coverage for civilian employees wherever serving, except that
persons employed in the United States and those -erployed outside
the United States who are residents at or in L,be vicinity- of the
place of their employment snd who are not livin there solely
as a result of their employment should be provided -ith coverage
only while in the course of their employment.
Subject to the foregoin, you lre advised that there would
be no objection to the prescntion of the reasurc for the cor-
siLeration of the Congress.
Sincerely yours,
(Signed) RoL;er U. Jones
Assistant Director jor
Ler4slative Refcrence
The Honorable
The Secretary of Defense
Attention: Mr. :Prank J. Sherlock
3D960 Pentagon
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OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
Washington 25, D. C.
Legislative and Public Affairs
Dear Mr. Hughes:
Inclosed herewith is a legislative proposal which is a part
of this Departnentis Legislative Program for 1955.
The short title for this proposal is as follows:
Missing Prsons Act, Gc.neral Revision (DOD 84-125)
Advice is requested as to the relationship of this proposal
to the progra,.1 of the President,
4 Inclosures
1. Special Explanatiom
to BOE
2. Ltr to Speaker of H. A.
3. Draft of bill
4. Sectional analysis
Honorable Rowland R. Hughes
Director
Bureau of the Budget
Sincerely yours,
-f
Richard A. Buddekc
Director, Legislative Programs
955
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MISSING PERSONS ACT, GENERAL REVISIOr
(DaD 84-125)
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MI3:d17G PERSONS ACT, GENERAL REVISIOF
(50D 84-125)
A Bill, "To amend further the Missing Persons Act, as amended."
Special Explanation for the Bureau of the Buqget
The current authority under the Missing Persons Act, as amended,
expires July 1, 1955. The attached legislative proeosal which would
amend and make permanent the Missing Persons Act is submitted as a
part of the Department of Defense Legislative Program for 1955.
The purpose of this proposed Ilissi g Persons legislation is to
provide permanent authority for the heads of military or other Govern-
ment departments to (1) continue the pay and allowances of military
and civilian personnel during periods of absence from their posts of
duty while in a missing status; (2) provide, at Government expense,
for the movement of dependents and storage and transportation of the
household and personal effects of an individual in a missing status;
(3) initiate and discontinue allowances for the dependents of such
missing personnel; and (4) make presumptive findings of death and
other determinations under certain circuMstonces. In addition, the
proposal would extend the benefits of the Missing Persons Act to in-
clude part-time, hourly, and intermittent employees of the Government
during such time as they may be assigned to duties in Alaska or outside
the continental United States. rative employees who are residents of
the places of their employment also would be extended the benefits of
the proposed Act if the department head concerned determines that the
missing status was the proximate result of employment by the department.
The proposal also would extend to any military member while in a missing
status, normal promotion opportunities. The proposed legislation would
be retroactive to coincide with the effective date of the Selective
Service Act of 1940 (June 24, 1948).
The Department of Defense on October 5, 1953, submitted to the
Bureau of the Eudget, proposed legislation similar to the attached pro-
posal. The Bureau of the Budget, by letter dated June 1, 1954, and by
further adviccs given in a conference on September 1, 1954, conditionally
cleared the proposal of October 5, 1953, subject to adoption of a sub-
stitute draft of section 1(e) of the bill concerning transportation,
storage, the sale of certain personal property of an individual in a
missing status when an emergency exists, and extension of coverage under
the proposed Act to include persons on training duty who enter a missing
status as a result of performance of prescribed duty ordered by com-
petent authority.
Tho attached draft of bill adopts the adviccs of the Bureau of the
Budget of June 1, 1954, and September 1, 1954. In addition to minor
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technical changes, section 1(e) of the attichcd draft of bill would
limit the discretionary authority granted the head of the department
concerned, where the sale of persona property of an individual in a
missing status is involved, by the requirement that, if practic:ble,
a reasonable effort shall be made to determine the desires of the
interested persons prior to .any such a:ale. While your previous ad-
vices in regard to this proposal did not recommend such a limitation
upon the discretionary authority of the head of the department con-
cerned with the sale of personal property of a missing person, it is
believed appropriate that such a be included in the bill.
1 Attachmont
Draft of bill
2
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DEPAii.Ti?IE:T OF THE ARAY
Washington 25, D. C.
Dear Mr. Speaker;
There are forwarded herewith a draft of legislation and sectional
analysis "To amend further the ilissing Persons Act, as amended."
This proposal is a part of the Department of Defense Legislative
Program for 1955, and it has been approved by the Bureau of the Budget.
The Department of the Army has been designated as the representative
of the Department of Defense for this legislation. It is recommended
that this proposal be enacted by the Congress.
Purpose of the Lagislation
This proposal would revise the lassing Persons Act (56 Stat. 143),
as amended (50 U.S.C. App. 1001 et seq.), and would provide permanent
authority for heads of military or other Government departments to con-
tinue payment of the pay and allowances of military and civilian per-
sonnel during periods of absence from their posts of duty while in a
missing status, to initiate and discontinue allowances of dependents of
such personnel, and to make presumptive findings of death and other .
deterreinations under appropriate circumstances. Under current provisions
of law the Missing Persons Act will expire July 1, 1955.
Authority for the continuance of pay and allowances to the dependents
of persons who are in a missing status ane for the head of the department
concerned to make prompt settlement of such missing person's account was
initially provided during 'Jorld *Tar II. The Congress early in 1942
recognized the need for such authority bcceuse the Executive departments
could not, uneer existing law, make appropriate and expeditious payment
to dependents of persons in a missing status or settle the accounts of
such missing personnel. As a result the Congress enacted the Missing
?arsons Act on March 7, 1942, which was a temporary measure. That Act
would have expired on July 25, 1948, by the operation of section 3 of
the Act of July 25, 1947 (61 Stat. 451). However, mounting tensions
throughout the world and the increased number of incidents which have
involved mysterious diseppearance and detention of individuals, mili-
tary and civilian, indicated that there was a continued need for legis-
lation of this type. In addition, commitments of the United States
Government required that both militere and civilian personnel continue
to servo within or in the near vicinity of troubled areas. Consequently,
on Juno 24, 1943, the Congress extended the temporary Missing Persons
legislation by section 4(e) in the Selective Service Act of 1948
(62 Stat. 603) and since then that authority has been extended from
time to tic. The demands of the international situation indicate that
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legislation of this type is necessAry, not only to meet the current
needs but to meet the needs for years in the foreseeable future. In
the event of war, legislation of this typc would be immediately essen-
tial. Under these circumstances, it is believed that this type of
legislation should be of a permanent nature and the attached proposal
has been so drafted.
The attached sectional analysis of the draft of bill contains a
detailed explanation of the proposed amendments to the Missing Persons
Act for use as supplemental justification for this legislation.
Cost and Budget Data
In the event this proposal is enacted into law, it is estiLlated
that little, if any, additional cost will result for fiscal year 1956.
Any additional cost that will result will be absorbed within the
amounts requested for operation of the Department of Defense during
fiscal year 1956.
Sincerely yours,
2 Inclosuros
1. Draft of bill
2. Sectional analysis
Honorable Sara Rayburn
Speaker of the House of riepresentatives
2
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Aik
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A BILL
To amend further the assing Persons Act, as amended.
1 Be it enacted by the Senate and House of Representatives
2 of the United Itates_of America in Congress assembled, That
3 the Missing Persons Act (56 Stat. 143), as amended, is further
4 amended as follows:
5 (a) Section 1(a)(3) is amended to road:
6 "(3) Civilian officers and employees of the
7 departments (exclusive of part-time, hourly, or inter-
mit-tent employees resident of the places of their
9 employment) during such time as they may be assigned
10 for duty or serving outside the continental limits
11 of the United states or in Alaska, except that persons
12 who are residents of their places of omploymcnt in the
13 Territories and possessions or in foreign countries,
14 shall be included only upon a determination by the
15 head of the department concerned that the status of
16 missing, missing in action, interned in a foreign country,
17 captured by a hostile force, beleaguered by a hostile
18 force or besieged by a hostile force, within the meaning
19 of section 2 of this Act, was the proximate result of
20 employment by the department."
21 (b) Suction 2 is mended to read:
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1 "SEC. 2. Any person ?tho is in the active
2 service, or is performing full-time training duty,
3 other full-time duty, or inactive duty training and
4 who is officially determined to be absent in A status
5 of missing, missing in action, interned in a foreign
6 country, captured by a hostile force, beleaguered by a
7 hostile force, or besieged by a hostile force shall,
8 for the period he is officially carried or determined
9 to be in any such sttus, be entitled to receive or to
10
11
12
13
14
15
16 or determined under provisions of section 5 of this Act.
17 Such entitlement to p_y and allow.nces shall not terminate
18 upon the expiration of a term of service during absence
19 and, in case of death during absence, shall not terAinate
20 earlier than the dates herein prescribed. There shall be
21 no entitlement to pay and allowances for any period during
22 which such person may be officially determined absent from
23 his post of duty without authority and he shall be indebted
24 to the Government for any payments from amounts credited
25 to his account for such period. Persons performing full-time
have credited to his account thc same pay and allowinces
to which he was entitled at the beginning of such period
of absence or may become entitled thereafter, and entitle-
ment to p?-5r and allowances shall terminate upon the date
of receipt by the departent concerned of evidence that
the person is dead or upon the date of death prescribed
2
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AlInk
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1 training duty, or inxtive duty training shall be
2 entitled to the benefits of this section only when such
3 persons are officially determined to be absent in a
,t? status of mising, missing in action, interned in a
5 foreign country, captured by a hostile force, beleaguered
6 by a hostile force, or besieged by a hostile force as a
7 result of the performance of prescribed duty ordered by
8 competent authority."
9 (c) Section 6 is amended to read:
10 "SEC. 6. When it is officially re2orted by the head
11
12
13
14
15
16
17 beyond the date of the receipt by the head of the depart-
18 mcnt concerned of evidence that the missing person is dead
19 or has returned to the controllable jurisdiction of the
20 department concerned. When a person missing or missing in
21 ?action is continued in -a -aissing status under section 5 of
22 tris Act, such person shall continue to be entitled to have
23 pay and allowances credite6 as provided in section 2 of
24 this Act and payments of allotments, as provided in section
25 3 of this Act, 7.re authorized to be continued, increased,
26 or initiated."
of the departflent concerned that 1 person missing under
the conditions specified in section 2 of this Act is alive
and in the hands of a hostile force or is interned in a
foreign country, the payments authorized by section 3 of
this Act are, subject to the provisions of section 2 of
this Act, authorized to be made for a period not to extend
3
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1 (d) The first proviso of suction 9 is :mended to re_ds
2 "Provided, That no such account shall be charged or
3 debited with any ?-mount that -my person in the hlnds of
4 a hostile force nay receive or be entitled to receive
5 from, or have placed to his credit by, such hostile
6 force as pay, wages, allowances, or other compensation*"
7 (e) Section 12 is amended to road:
8 "SEC. 12. The dependents and household and personal
9 effects of any person in active service (without regard to
10 pay grade) who is officially reported as dead, injured,
11 missing for A period of thirty days or more, interned in
12 a foreign country, or captured by a hostile force, may be
13 moved (including packing, crating, drayage, te,apor-xy
14 storage, and unpacking of household effects) to the
15 official residence of record for any such person or to
16 the residence of his dependent, next of kin, or other per-
17 son entitled to receive custody of the effects in accordance
18 with regulltions issued by the head of the depart:lent con
19 corned; or, upon application by such dependent, next of
20 kin, or other person, or upon the person's applic:tion if
21 injured, to such other location as may be determined in
22 advance or subsequently approved by the head of the depart-
23 ment concerned or b: such oersons as he may designate. When
24 the head of the department concerned determines that an
25 emergency exists and that such sale would be in the best
4
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1
2
3
5
6
7
8
9
10
11
12
13
JEN,
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interests of the Govt.rnnent, he nay provide for the dis-
position of the motor vehicles and other bulky items of
such household and personal effects of the person by
public or private sale. Prior to any such silo, and if
practicable, a reasonable effort shall be made to determine
the desires of the interested persons. The net proceeds re-
ceived from such sale shall bi,1 transmitted to the owner or
to other persons in accordance with regulations issued by
head of the do2artent concerned; but if there be no such
persons or if such persons or their addresses lre not ascer-
tainable within one year fron the date of sle, the net
proceeds may be covered into the Treasury as miscellaneous
receipts. Clail:s for not proceeds which are covered into
14 the Treasury under the authority of this section nay be
15 filed with the General Accounting Office by the rightful
16 owners, their heirs or next of kin, or their legal representa-
17
18
19
20
21
22
23 acted on by the courts or the General Accounting Office.
24 The provisions of this section shall not be construed as
25 amending or repealing the Act of March 29, 1913 (ch. 31,
tives at any time prior to the exoiration of five years from
the date the proceeds are covered into the Treasury; and, if
so filed, the General Accounting Office shall allow or
disallow the claim. If claims are not filed prior to the
expiration of five years from the date the proceeds are
covered into the Treasury, they shall be barred from being
5
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1 40 Stat. 499); section 1, subchapter II of the Act of
2 June 4, 1920 (ch. 227, 41 Stat. 809) as amended; the Act
3 of February 21, 1931 (ch. 268, 46 Stat. 1203) as amended;
4 the Act of December 28, 1945 (ch. 597, 59 Stat. 662) as
5 amended; the Federal Tort Clai,s Act (60 Stat. 842-847),
6 as amended; the Act of April 14, 1949 (ch. 50, 63 Stat. 44);
7 or section 507, title 14, Unitcd States Code. The head of
8 the department concerned is authorized to store the house-
9 hold and personal effects of the person until such til:e as
10 proper disposition can be made. Tho cost of such storage
11 and transportation, including packing and unpacking of
12 household effects, shall be charged against appropriations
13 currently available. In lieu of transportation authorized
14 by this section for dependents, the head of the departLient
15 concerned may authorize the payment in money of amounts
16 equal to such cor.nercial transportation costs or a monetary
17 allowance in lieu of transportation as authorized by law
18 for the whole or such part of travel for which transporta-
19 tion in kind is not furnished, when such travel shall have
20 been completed. When the person is in an 'injured' status,
21 the movement of dependents or household and personal effects
22 provided for herein may be authorized only in cases where
23 the anticipated period of hospitalization or treatment will
24 be of prolonged duration. No transportation shall be author-
25 ized pursuant to this section upon application by dependents
6
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1 unless a rasonable relationship exists between the
2 condition and circ=t:.nces of the dependents and the
3 destination to which transportation is requested. Beginning
4 June 25, 1950, and for the purposes of this section only,
5 the ter::.s 'household and personal effects' and 'household
6 effects' 1.;ay include, in addition to other authorized weight
7 allowances, not to exceed one privately owned liotor vehicle,
3 shipent of which at Gover-.Inent expense is authorized in
9 those cns s where the vehicle is located outside the contin-
10 ental 1Llits of the United States or in filaska."
11 (f) Section 14 is anendd to read:
12 "SEC. 14. Tho provisions of this .1ct applicable to
13 persons captured by J. hostile force shall also apply to any
14 person bele-aguered or besieged by a hostile force."
15 W Section 15 is a:::iended to rod:
16 "SEC. 15. This ket, ez-copt sections 13, 16, 17, and
17 18, is effective frol:, June 24, 1948."
7
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SECTIONAL ANALYSIS
of a bill
To amend further the Missing Persons Act, as amended.
Section 1(a) would amend section 1(a)(3) of the dissing
Persons Act (50 U.S.C, App. 1001(a)(3)) to provide that part-
time, hourly, or intermittent employees of the Government of
the United States, who are residents of the places of employ-
ment in United Stites Territories and possessions, or in
foreign countries, would be extended the benefits of the Act
if a determination is made by the head of the department con-
cerned that the missing status was the proximate result of
employment by the department. Full coverage would be retained
for civilian officers and employees of the Executive depart-
ments during such time as they may be assigned for duty or
serving in Alaska or outside the continental limits of the
United States. Existing law excludes from coverage part-time
or intermittent employees or native labor casually hired on
an hourly or per diem basis.
Section 1(b) would amend section 2 of the Missing Persons
Act (50 U.S.C. App. 1002) to provide that any person in active
service or performing certain training duty, officially deter-
mined to be absent in a missing status, would be entitled to
receive or to have credited to his account the same pay and
allowances to which he was entitled at the beginning of such
absence, or might become entitled thereafter, and such entitle-
ment would terminate at such date as the department concerned
receives evidence of death or until the presumptive date of
death, which normally would be twelve months and one day from
the date the missing status is first determined by the head of
the department concerned. There would be no entitlement to
pay and allowances for any period of absence from post of duty
without official authority. Entitlement to pay and allowances
would be authorized for persons who enter a missing status
while on brief tours of training duty only when such persons
enter a missing status as a result of the performance or pre-
scribed duty ordered by competent authority. Existing law
provides coverage under the Act only for persons in active
service. The proposed amendment extends coverage to include,
in addition to persons on active service, persons on training
duty under certain conditions.
Sections 1(c) and 1(d) would amend sections 6 (50 U.S.C.
App. 1006) and 9 (50 U.S.C. App. 1009) of the Missing Persons
Act by making certain technical revisions in language consistent
with the amendments proposed in section 1(b).
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Wig
Existin7 law does not )eriet an injured person to eke
application for transportation of his household and personal
effects to a location deterlined in advance other than his
official residence of record. Tn addition, it does not pro-
vide for the sale by the Government of such household and
personal effects in emergencies. Section 1(e) would amend
section 12 of the lassing Persons ixt (50 U.S.C. App. 1012)
to provide that the dependents and household and eersonal
effects of any person in active service who is officially
reported as dead, injured, missing for thirty days or more,
interned in a foreign country, or ca?tured, may be moved to
the o:ficial residence of record for such person, or upon
application by such dependents, next-of-kin, or such other
Persons having a substantial interest in the return of such
household cad eersonal effects, or upon the person's own
application if injured, to such other location approved by
the head of the department conceened. jhen an emergency
exists, the head ef the departeent concerned may sell the
motor vehicles and other bulky items of oersonal efects
after ascertaining, if Practicable, the desires of the other
interested persons, and the net proceeds of such sale shall be
transmitted to the owner or other persons of interest if such
persons and their addresses are ascertainable. If not ascer-
tainale, the not pl-oceeds may be coveref. into the Treasury
as miscellaneous receipts, with a specifically prescribed
method for making claim thereto, subject to the operation of
a 5-year statute of limitations. The head of the department
concerned also would be authorized to store household and per-
sonal effects of such missing person until such time as :)roper
disposition can be made.
Section l(f) would amend section 14 of the ilissing Persons
Act (50 U.S.C. App. 1014) by deleting the word "enemy" where
it appears therein and inserting in lieu thereof the word
"hostile".
Section 1(g) would amend section 15 of the ssing Parsons
Act (50 U.E.C. App. 1015) to eliminate tho reference to the
termination date (July 1, 1955), and make the proposed lczis-
lation retroactive to June 24, 194P, the date of enactment of
the Selective Service Act of 1948.
2
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EXECUTIVE OFFICE OF THE PRE-[DENT
Bureau of the Budget
Washington 25, D. C.
June 1, 1954
My dear Mr. Secretary:
Reference is made to Mr. Buddekels letter of October 5, 1953,
transmitting a revised draft of bill entitled "To amend further the
Missing Persons Act, as amended."
On the basis of the supporting material and of subsequent dis-
cussions held with members of your staff and the dhite House, our
comments with respect to the subject draft bill arc as foll^ws:
1. Section 1(a) of the proposal would enlarge the classes
of employees now covered by the basic Act to include those employed
on a part-time, intermittent, or hourly basis. We have no objec-
tion to the inclusion of intermittent employees such as technical
exports and consultants who are sent to areas outside of the United
States as a result of their employment. But we do not believe that
the Govornment_clougA undertajw,to,providcthis kind of protection
61--Ch?or for interraitt, mt-s?mpl-o,yes whop they are residents of the,
_
la
In which they are employed for part-time or hourly e:aplc2yees
under any circumstace It is recommended, -that this subsection
156 -Modified by inserting the parenthetical phrase "(exclusive of
part-time or hourly employees or intermittent employees residents
of the places of their employment)" after the word "departments"
and by striking out the words "part-time employees, intermittent
employees, and" frvil lines 9 and 10, page one of the draft bill.
2. In our letter of May 12, 1954, concerning the Equalization
of Benefits proposal, we stated that we would give_ consideration to
the provisions of Section 9 of that measure in connection with our
action on the present proposal. Those provisions would bring re-
servists on brief tours of training duty under the coverage of the
Missing Persons Act. Although it is believed that this coverage
would be desirable, we r,com,tend that the provisions be modified
to provide such coverage only when the individual enters u missing
status as a result of his performance of prescribed duty ordered
by competent authority.
3. (?uction 1(05>e1ates to authority for transporting the
household g6 nodpersonal effects of personnel in various cate-
gories. The draft bill would, among other things, include in the
coverage of the basic Act in this regard missing persons who have
no dependents to request movement of their effects. As indicated
in our comments on an earlier version of the present draft and
also during the subsequent discussions, we think that this subsection
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?2?
gives rise to a numbcr of questions. Thos, center around two main
points. Th, first point involves the persons to whom control of
property will be turned over after it is transported. Thus, when
these persons are noithor dependents nor p(rsons possessing a power
of attorney a question arises as to whether, in such cases, the
Gov( rui& nt can or should relinquish control of the property and
this, in tarn, raises the further question of whether the prop,rty
should th, n be transported at all under such circumstances. The
5, cqnd point rolot, s to what action should be taken with rcspect to
th, or on rt, whilu it is in Government custody. In this connection
th, question arises as to whether the property of a person in a
missing st ctus should bo moved, stored, or disposed of. We boliovo
that more discretion should be given to tho military departments so
that they will he authorized to follow whatever course of action seems
most reasonable: in the: circumstances of a particular case. In this
way it would b, possible to secure flexibility which, in appropriate
instanc, s, could prevent such things as transporting a comparatively
inexp, nsivo p,rsonl automobile thousands of miles back to the Unitod
Stat ?s where it probably would be sold promptly upon arrival, perhaps
for a l_ss,r mount, or llowing a personal automobile to be held for
a period of years by the Government with consequent dopreciation until
the owner oith(r r, turned or a determination was made that ho was dead.
B,causo of our concern on the forer.:oing score, substituto draft provi?
sions for this section weru worked out informally with roprosontatives
of the Army. A copy of these drq't provisions is attached, ond -
rJcolciond their substitution for the present provisions of this section.
4. Section 1(:) would make the basic Act permanent and retroactive
to Juno 24, 1943. A question has been raised informally .2s to whether
tho date here should not be made September 8, 1939, the original date
of enactment of the basic Act. If this is done, it is recommended
that a second sect ion b, added to the draft bill which would provide
that its provisions would be lffctivu as of the' date of enactment.
Subject to the foregoing, you arc advised that then.: would be no
objection to th, pr sontation of the draft bill for the consideration
oC the Congress.
Sincerely yours,
(Signed) itogor W. Junes
Assistant Director for
Legislative Reference
Tho Honorable
The: Secretary of Defense
Attention: Mr. Frank J. Sherlock
3D958 Pentagon
Enclosure: Copy, draft provisims
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OFiqCE & ASSISTANT SECRETAfff OF DEFENSE
dashington 25, D. C.
October 5, 1953
Legislative and Public Affairs
Dear tr. Dodge:
There is inclosed herewith a draft of legislation, "To amend
further the Missing Persons Act, as amended," together with a copy
of a proposed letter to the Congress recommending its enactment.
This proposal is a part of the Department of Defense Legislative
Program for 1954.
The inclosed draft of bill incorporates some of the suggestions
made by the Bureau of the Budget in its letter of July 27, 1953
commenting on a proposal to amend the Missing Persons Act which was
a part of the Department of Defense Legislative Program for 1953.
The recommendation concerning civilian personnel serving in
the United States has been adopted and the inclosed draft of bill
excludes such employees from coverage under the Yissing Persons Act.
Under current provisions of law (50 U.S.C. App. 1001) civilian
officers and employees of the Federal Government during such time
as they may be assigned for duty or serving outside the continental
limits of the United States or in Alaska, exclusive of part-time or
intermittent employees or native labor casually hired on an hourly
or per diem basis, are entitled to benefits under the Missing Persons
Act. However, with regard to Federal employees who are appointed to
serve on a part-time or intermittent basis it should be noted that
many of such employees serve in overseas areas in capacities as
technical experts and consultants. It is believed that such employees
who, as a proximate result of their employment, are missing, interned,
captured, or otherwise restrained, should be entitled to the provisions
of the Missing Persons Act the same as full-time employees overseas.
For this reason, the Department of Defense requests the Bureau of the
Budget to reconsider its views in opposition to providing coverage for
such employees under the Missing Persons Act.
With regard to the coranents on section 1(b) of the draft of
bill which would provide authority for payments on account of persons
in a missing status, it is noted that it is the view of the Bureau
of the Budget that any officer or enlisted man who enters a missing
or captured status should not be entitled to an increase in grade or
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position during such status unless he becomes eligible for prombtion
"either as a result of action initiated prior to his absence or by
operation of law." It is the view of the Department of Defense
that any officer or enlisted man who is in the zone of consideration
for promotion, should be considered for promotion, and if selected,
:romoted even though he may be in a missing status or had the
misfortune of being taken by the enemy. It is felt that military
personnel in a missing or captured status should not be deprived of
the normal promotion opportunities to which they would be entitled
had they continued in a normal duty status.
The inclosed draft of bill incorporates a revision in language
in the amendents to section 12 of the Lissing Persons Act to
provide that dependents, next of kin, and such other individuals
who may have a substantive interest in the return of the household
and personal effects, or upon the person's own application if
injured, may designate the location to which such effects may be
shipped. A further provision is incorporated to authorize the head
of the department concerned to store effects of the person concerned
until such time as proper disposition can be made.
The Bureau of the Budget's recommendation to make the basic
act retroactive to the date of enactment of the Selective Service
ct of 1946 (June 24, 1948) has been adopted.
In view of the foregoing, the Department of Defense requests
that the Bureau of the Budget reconsider its views of July 27,
1953, and permit the Department to sponsor the inclosed proposal.
It is requested that action on this matter be completed as soon as
possible since the Missing Persons Act, under the current provisions
of law (Public Law 16, 63rd Congress), will terminate February 1,
1954 and early consideration of this legislation is necessary.
Inclosures
Honorable Joseph M. Dodge
Director
Bureau of the Budget
2
Sincerely yours,
(signed) Richard A. Buddeke
For the Assistant Secretary
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Dear Hr. Speaker:
There is forwarded herewith a draft of legislation, "To amend
further the lissing Persons Act, as amended."
This proposal is a part of the Department of Defense Legislative
Program for 1954 and it has been approved by the Bureau of the Budget.
The Department of Defense recommends that it be enacted by the Congress.
harpose of the Leaislation
This proposal would revise the rA_ssing Persons Act (56 Stat. 143),
as amended (50 U.S.C. App. 1001 et seq.), and would provide permanent
authority for executive heads of military or other Governmental depart-
ments to continue payment of the pay and'allowances of military and
civilian personnel during periods of absence from their posts of duty
in several variations of a missing status, to initiate and discontinue
allowances of dependents of such personnel, and to make presurlptive
findings of death and other determinations under appropriate circum-
stances. Under current provisions of law tie Missin Persons Act will
expire February 1, 1954.
At the outbreak of hostilities in World .iar II there was no law
which authorized the services to make adequate provisions for the
dependents of certain categories of persons who for various causes
were placed in a missing status. The lack of such legislation during
the eLa-ly months of that emergency not only subjected the dependents
to hardships, but also confronted the military services with many
administrative problems in an attempt, adequately and equitably, to
minister to their needs.
In order to correct this condition, the Congress enacted the
flissing Persons Act on March 7, 1942, and the military services
operated under that law until it was abrogated by section 3 of the
Act of July 25, 1947 (61 Stat. 451). It was realized, however, that
there was a continued need for legislation of this type because of
the mounting tension throughout the world and the increasing number
of international incidents which involved rysterious disappearances
or detention of individuals at the will of an unfriendly power or
hostile minority. In addition, large numbers of civilians as well
as military personnel continued to serve within, or in the near
vicinity of those troubled areas.
Consequently, such legislation was revived by section 4 (e) of
the Selective Service Act of 1948 (62 Stat. 608). In enacting the
1951 amendments to the Universal iilitary Training and Service Act
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(65 Stat. 75), (which are in fact amendments to the Selective Service
act of 194), the Congress made no change in section 4(e), supra.
It is believed that legislation of this type is necessary to meet the
present demands of the international situation and would be essential
-
immediately in the event of war; and that such legislation should be
of a permanent nature.
The draft of bill is designed to accomplish the following:
a. Co amend section 1(a)(3) of the IA.ssing Persons Act to provide
that part-time employees, intermittent employees, and persons who are
residents of their places of employment in the Territories and possessions
or in foreign countries, shall be included within the provisions of the
Act only upon a determination by the head of the department concerned
that the missing status was the proximate result of employment by the
department concerned. Full coverage would be retained for civilian
officers and employees of the )tecutive departIents during such time
as they may be assigned for duty or serving outside the continental
hits of the United States or in Alaska.
b. e'o a :end section 2 by making certain technical revisions in
language to provide coverage for persons interned in a foreign country
or captured, beleaguered, or besieged by a hostile force.
c. To amend sections 6 and 9 by making certain technical revisions
in language consistent with the proposed amendments to section 2 of the
!"issing Persons Act.
d. To amend section 12 to provide that household and personal
effects of any person in active service (without regard to pay grade)
who is officially reported as dead, injured, or missing may be moved
to the official residence of record for any such person, or, upon
application by such dependents, next of kin, or such other persons
who may have a substantial interest in the return of the household
and personal effects, or upon the person's own application if injured,
to such other location approved by the head of the department con-
cerned. Tn addition, the head of the departeont concerned.would be
authorized to store household and personal efCects of the person
until such time as proper disposition can be made.
e. To amend section 15 to eliminate the reference to the termina-
tion date (February 1, 1954), and make the Act retroactive to June 24,
19/F8, the date of enactment of the Selective Service fct of 1948.
Cost and Bucl.get Data
Since the number of persons on whose accounts payments are made
under the Hissing iersons Act fluctuates directly in ratio to combat
operations, it is impossible to state with any degree of accuracy the
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cost of continuing this Act in effect. However, the Department of
the Army has developed the following data for the period 1 January
to 30 June 1952 as illustrative of the costs for that period:
Officers
- 467
.1,265,561
Warrant Officers
- 18
40,014
Enlisted
- 9,547
8,301,522
The cost of the slight additional benefits which would flow from
enactment of the amendments to the hissing Iersons Act provided for
in this proposal would be absorbed in the applicable available
appropriations.
Iltaartment of Defense action Agenci
The Department of the Army has been desinated as the representa-
tive of the Department of Defense for this lej.slation.
Inclosure
Honorable Joseph W. lartin, Jr.
Speaker of the House of Representatives
3
Sincerely yours,
For the Assistant Secretary
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A BI LL
To amend further the Missing Persons Act, as amended.
1 Pe it enacted by the Senate and douse of Representatives
2 of the United S'tatee of America in Congress assembled, That
3 the Missing Persons Act (56 Stat. 143), as amended, is further
4 amended as ,follows:
5
(a) Section 1(a)(3) is amended to reads
"(3) Civilian officers and employees of the de-
7 partments auring such time as they may be assigned for
8 duty of serving outside the continental limits of the
9 United States or in Alaska, except that part-time
10
11
12
13
14
15
employees, intermittent employees, and persons who are
residents of their places of employment in the
Territories and possessions or in foreign countries,
shall be included only upon a determination by the
head of the department concerned that the status of
missing, missing in action, interned in a foreign
16 country, captured by a hostile force, beleaguered by
17 a hostile force, or besieged by a hostile force, with-
18 in the meaning of section 2 of this Act, was the prox-
19 Imate result of employment by the department."
20
21
(b) Section 2 is amended to read:
"SEC. 2. Any person who is in the active service
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Ank
and who is officially determined to be absent in a
status of missing, missing in action, interned in a
foreign country, captured by a hostile force, belea-
-1
4 guered,by a hostile force or besieged-by a hostile
5
6
7
8
9
10
11
12
13
14
15
16
17
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forcershall, for the period he is officially carried
or determined to be in any such status, be entitled to
receive or to have credited to his account the same
pay and allowances to which he was entitled at the
beginning of such period of absence or may become
entitled thereafter, and entitlement to pay and allow-
ances shall terminate upon the date of receipt by the
department concerned of evidence that the person is
dead or upon the date of death prescribed or deter-
mined under provisions of section 5 of this Acts
Provided, That such entitlement to pay and allowances
shall not terminate upon expiration of term of service
during absence and in case of death during absence
18 shall not terminate earlier than the dates herein pre-
19 scribed: Provided further, That there shall be no en-
20 titlement to pay and allowances for any period during
21 which such person may be officially determined absent
22 from his post of duty without authority and he shall
23 be indebted to the Government for any payments from
24
eelf? ' 1
4
amounts credited to his account for such period."
4
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AIM ik
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1 (c)V/ Section 6 is amended to read:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 "Provided, That no such account Shall be charged
22 or debited with any amount that any person in the
23 hands of a hostile force may receive or be entitled to
24 receive from, or have placed to his credit by, such
25 hostile force as pay, wages, allowances, or other corn-
26 pensation:"
"SEC. 6. When it is officially reported by the
head of the department concerned that a person missing
under the conditions specified in section 2 of this
Act is alive and in the hands of a hostile force or
is interned in a foreign country, the payments author-
ized by section 3 of this Act are, subject to the pro-
visions of section 2 of this Act, authorized to be
made for a period not, to extend beyond the date of the
receipt by the head of the department concerned of
evidence that the missing person is dead or has re-
turned to the controllable jurisdiction of the depart-
ment concerned. When a person missing or missing in
action is continued in a missing status under section
5 of this Act, such person shall continue to be en-
titled to have pay and allowances credited as provided
in section 2 of this Act and payments of allotments,
as provided 1n section 3 of this Act, are authorized
to be continued, increased, or initiated."
V
(d) The first proviso of section 9 is amended to read:
3
I c,c9
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v/
1 (e) Section 12 is amended to read:
2 "SEC. 12. The dependents and hou o ? an persona
3 effects of any person in active service (without re-
4 gard to pay grade) who is officially reported as dead,
5 injured, missing for a period of thirty days or more,
6 interned in a foreign country, or captured by a hostile
7 force, may be moved (including packing and unpacking
8 of household effects) to the official residence of
9 record for any such person, or, upon application by
10 such dependents, next of kin, or such other persons Who
11 may have a substantive interest in the return of the
12 household and personal effects, or upon the persons
13 own application if injured, to such other location as
14 may be determined in advance or subsequently approved
15 by the head of the department concerned or by such
16 persons as he may designate. The head of the department
17 concerned is authorized to store the household and
18 personal effects of the person until such time as proper
19 disposition can be made. The cost of such storage and
20 transportation, including packing and unpacking of
21 household effects, shall be charged against appropri-
22 ations currently available. In lieu of transportation
23 authorized by this section for dependents, the head of
24 the department concerned may authorize the payment in
4
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 of the United States or in Alaska."
23
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money of amounts equal to such commercial transpor?
tation costs or a mileage allowance as authorized by
law for the Whole or such part of travel for which
transportation in kind is not furnished, when such
travel shall have been completed. When the person
is in an 'injured' status, the movement of dependents
or household and personal effects provided for herein
may be authorized only in cases where the anticipated
period of hospitalization or treatment will be of pro?
longed duration. No transportation shall be authorized
pursuant to this section upon application by dependents
unless a reasonable relationship exists between the
condition and circumstances of the dependents and the
destination to which transportation is requested.
Beginning June 25, 1950, and for the purposes of this
section only, the terms 'household and personal effects'
and 'household effects' may include, in addition to
other authorized weight allowances, not to exceed one
privately owned motor vehicle, shipment of which at
Government expense is authorized in those cases where
the vehicle is located outside the continental limits
(f) Section 14 is amended to read:
"SEC. 14. The provisions of this Act applicable
5
ILLEGIB
ILLEGIB
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1
to persons captured by a hostile force shall also
2
apply to any Person beleaguered or besieged by a
ILLEGIB
3
hostile force."
4
(g)/Section.15 is amended to read:
5
"SEC. 15. This Act, except sections 13, 16,
17,
6
and 18 is effective from June 24, 1948."
ILLEGIB
6
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The
Federal
Diary
Jerry
Kluttz
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The
Federal
Diary
By
Jerry
Kluttz
STAT
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