DEAR MR. DODGE:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000300120069-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: July 31, 2000
• Sequence Number: 69
• Publication Date: October 5, 1953
• Content Type: LETTER

Approved For Rse 2006/10/18: CIA-RDP58-00453300120069-4
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OFFICE OF ASSISTANT SECRETAFiX OF DEFE14SE
Washington 25, D. C.
October 5, 1953
Legislative and Public Affairs
Dear Mr. 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 recomrending 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 Hissing 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 Missing 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 comments 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
O SD DECLASSIFICATION/RELEASE
INSTRUCTIONS ON FILE
Approved For Release 2006/10/18: CIA-RDP58-00453R000300120069-4_
 Approved For Ruse 2006/10/18: CIA-RDP58-00453R 300120069-4
position during such status unless he becorr:es eligible for promotion
"either as a result of action initiated prior to its 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,
promoted even t:iourh 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 noraal promotion opportunities to which they would be entitled
had they continued in a norial duty status.
The inclosed draft of bill incorporates a revision in languaje
in the amendments to section 12 of the Iissing 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 reconn:iendation to make the basic
act retroactive to the date of enactment of the Selective Service
Act of 1948 (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 (Tublic Law 16, 83rd Congress), will terminate February 1,
1954 and early consideration of this legislation is necessary.
Sincerely yours,
(signed) Richard A. Buddeke
For the Assistant Secretary
Honorable Joseph M. Dodge
Director
Bureau of the Budget
Approved For Release 2006/10/18: CIA-RDP58-004538000300120069-4.