DEAR MR. SPEAKER:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01826R000400100028-1
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 5
• Document Creation Date: December 12, 2016
• Document Release Date: December 10, 2001
• Sequence Number: 28
• Publication Date: February 18, 1952
• Content Type: LETTER

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MA n
missing Persons Act, 11
General Revision - OSD #42
AW/71291/au
Dear . Speaker:
There is forwarded herewith a draft of proposed legislation "To amend
the Missing Persons Act, as amended".
This proposal is a part of the Department of Defense Legislative
Program for 2952 and it has been approved by the Bureau of the Budget.
The Department of Defense recommends that it be enacted by the Congress.
Purpose oft hr~ iriu Lswslation
oar -~I.wr.u r r rs.rn~r
The present proposal would revise the 1&tasing Persons Act, as
amended (5O U.S.C. App. 1001 et seq.), and would provide perm-rent auth-
ority for executive heads of military and other Governmental departments
to continue payment of the pay and allowances of military and civilian
personnel during periods of absence from their posts of duty in a casualty
o missing status, to initiate and discontinue allowances of dependents
of such personnel, and to make presumptive findings of death and other
deterninations under appropriate ci.rc+umstranccs.
At the outbreak of hostilities in World War II there was no law
which auth xej.z d the services to make adequate provision for the depend-
ents of certain categories of persons who for various causes were placed
in a missing status. The lack of such legislation during the early
months of that emergency not only subjected the dependents to realistic
hardship but also confronted the military services with many adminis-
trative problems in an attempt adequately and equitably to minister to
them needs,
In order to correct this condition the Congress enacted the Missing
Persons Act of March 7, 19112 (56 Stat.1113), and the services operated
under that law until it was abrogated by Section 3 of the Act of July 25,,
1941 (61 Stat.1151). It was realized, however, that there was a continued
need for legislation of this type because of the mounting tension through-
out the world and the increasing number of international incidents which
involved mysterious disappear-awes or detention of individuals at the will,
o;' aF; unfriendly power or hostile minority; large numbers of civilians
as veil as military personnel continued to serve within or in the near
vicinity of those troubled areas.
Consequently., such legislation was revived by subsection 4 (e) of the
Selective Service Act of 19118 (62 Stat. 608). In enacting the Universal
RIlitary Train' ng and Service Act, Public Law 51, 82nd Congress (which 3s
in fact an amendment to the Selective Service Act of 1948), the Congress
made no change in subsection 4 (e), ,~ prra. It is believed that legislation
of this type is necessary to meet the present demands of the international
situation and would be essential ittdiately in the event of war; and that
such legislation should be of a permanent nature, because the present Act
will expire one year subsequent to the ratification of twenties with Germany,
Italy and Japan. It is highly essential that we at this time safeguard
for the futures,
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 Approved For Release 2002/01/24: CIA-RDP80-01826R000400100028-1
*of
The attached draft of bill is designed to accomplish the following
paarposess
a. To amend subsection 1 (a) (3) of the tissing Parsons Act,,
as amended, in order to assure coverage of the persons employed within
the continental United States when their casualty status arises out of
performance of duty; to provide that full coverage on a twrenty%-four hour
basis is retained for those employees in overseas areas who are residents
of the aroa and have been placed in a hazardous position by virtue of
laving there solely for employment purposes; to provide such coverage
regardless of whether the employees are full-time, part-time,, temporary,
or intormittent; and to provide that natives or residents of overseas
locations are excluded from, benefits of t ho Act unless there was a direct
connection between their casualty status and their employment.
b. To amend Section 12 of the Act to authorize the movement of
b:me.:hold goods and.personal effects, including privately owned automobiles,
of individuals who cone within the provisions of the Act, but who have no
dependents,
c. To amend Section 15 of the Act to eliminate reference to its
termination date, thereby creating permanent leg:i slation4
d. To add a new Section 20 to the Act so as to authorize the use
of appropriations currently available in the settlement of any claims,
rather than the utilization of appropriations retroactively to the year in
w ii.ch the claim orig:; nated,
Lei.slative References
There has been no related legislation before the Congress, except
H.R. 1199, which beeam -1 Public Law 131, 82nd Congress. That law amended
Section 12 of the Missing Parsons Act so as to authorize the transportation
of household goods and pora(:na1 effects, including automobiles, belong
to personnel in a missing status,, such transportation to be made upon the
approved application of a dependent. Section 12, if amended as proposed
by the attached draft of ball., would authorize such transportation in cases
idiere the member had no dependents,
Cost -and Bvdet Dat-a
Enactment of the proposed legislation would result in the relatively
negligible expenditure of public funds during peacetime. It would be most
conjectural to approximate the fiscal effects during a period of ware
Department of Defense Action A.aeno
The Depirixient of the Army has been designated as the representative
of the Department of Defense for This legislation.
Sincerely,
Honor log r t2002/01/24: CIA-RDP8 T826FZ000"46 028=1
Sneaker of thin Iln:inp of ? -
 Approved For Release 2002/01/24: CIA-RDP80-01826100400100028-1
Missing Persons Act,
Genera3. Revision - OST) #42
DRAFT
A BILL
To amend the Missing Persons Act, as amended.
f
Be it enacted t e Serta1 and LID-IM of Re re MIRIAM-
United Stites of America in Ccm ,rem sscrataled, That the Missing Persons
Act (56 Stat. 1I3), as amended (50 U.S.C. App. 1001 et soq.)s is further
amended by chanci c; subsection (a) (3) of section 1 thereof to read as
follows:
"(3) civilian officers and emnloyoos of the departments, a xcept
that persons employed within the continental limits of the United States
and persons % t o are residents, of their places of employeent in the ter-
ritories 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 neutral country,
captured by an enen r, beleaguered or besieged, within the meaning of sec--
tion 2 of this -Act., was the proiimate result of employmont by the departr-
mont."
SEC. 2. That section 12 of such Act as amended, is further amended
to roal as follows;
"The dependents and household and personal effects of any person
In actavc service (without regard to pay grade) who is offici~c..lly re -
po- ed as daad,t injured, missing for a period of 30 days or more, interned
in a neutral country, or captured by the enesr, may be moved (including
packing and unpacking of household effects) to the official residence of
record for any such persona or, upon application by such de ndents, to
such other 1ocation as may be determined in advance or subsequently approv-
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ed b r the head of the department concerned or such persons as a may
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~~ NTIA
designate. The cost of such transportation, including packing and unpack-
ing of household effects, shall be charged against appropriations currently
available. In lieu of transportation auth,~-vized by this section for dope
dents, the head of the department concern'~d may auth.wise the payment in
money of amounts equal to such commercial transportation costs for the
whole or such part of travel for which .transportation in kind is not fur-
nished, when such travel shall have been completed. Vlhen the person is in
an "injured" status,, the movement of dependents or household and personal
effects provided for herein may be authix'ized only in cases mere the anti-
cipated period of hospitalization or treatment will be of )rolonged duration.
No transportation shall be authorized pursuant to this section. upon apnlioa-
tion by dependents unless a reasonable relationship exists between the condition
and circurmstances of the dependents and the destination to which 'transports--
tion is requested. Beginning June 25, 1950, and for the purposes of this
section only, the berms "household and personal effects" and "household effects"
may include, in addition to other authorized weight allowances, not to exceed
one privately owi ed motor vehicle, shipment of which at Government expense
i s auth~,Ri.zed in those cases where the vehicle is located outside the continen-
t---111 limits of the United States or in Alaska."
SEC.. That section 3.5 of such Act is amended to read as follows:
"SEC 15. This Act, except sections 13, 16, 17, and 18, shall be
effective from September 8, 1939."
':EC. 4. That such Act is amended 1-y adding at the end thereof a now
.Nation to read as follows:
"SEC 20. Any payments made under the provision of this Act are
authorized to be paid from appropriations currently available."
SEC. 5. The foregoing amendments shall be effective from the date of
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a ~ o s
t 2 CONFIDENTIAL
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