performed by the civilian officers and employees defined in paragraph (a) (3) above;

(c) the term "dependent" as used in this Act [sections 1001-1016 of this Appendix] includes a lawful wife, unmarried child under twenty-one years of age. It includes also a dependent mother, father, or unmarried dependent stepchild or adopted child under twenty-one years of age, or such dependent as has been designated in official records, or an individual determined to be dependent by the head of the department concerned, or subordinate designated by him;

(d) the term "department", including such term when used in the amendment made by section 16 [section 1016 of this Appendix], means any executive department, independent establishment, or agency (including corporations) in the executive branch of the Federal Government. March 7, 1942, c. 166, Section 1, 56 Stat. 143; July 1, 1944, c. 371, Section 1, 58 Stat. 679; May 16, 1947, c. 70, Section 1, 61 Stat. 96.

Section 1002. Missing, interned, or captive persons; continuance of pay and allowances.

Any person who is in active service and who is officially determined to be absent in a status of missing, missing in action, interned in a neutral country, captured by an enemy, beleaguered or besieged 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 entitled 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 [section 1005 of this Appendix]: 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 shall not terminate earlier than the dates herein prescribed: Provided further, That 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 payments from amounts credited to his account for such period. March 7, 1942, c. 166, Section 2, 56 Stat. 144; July 1, 1944, c. 371, Section 2, 58 Stat. 679.

Section 1003. Same; continuance or establishment by department head of allotments for dependents and insurance.

For the period that any person is entitled under section 2 of this Act [section 1002 of this Appendix] to receive or be credited with pay and allowances, such alottments as may have been executed prior to the beginning of his absence, including allotments for the purchase of United States savings bonds, may be continued, except as otherwise herein provided, and notwithstanding any expiration of a period for which an allotment has been executed. In the absence of an allotment or when an allotment is insufficient for any purpose authorized by the head of the department concerned, such new allotments or increases as circumstances are deemed to warrant may be authorized by the head of the department concerned, or such subordinate as he may designate, payable during any period of the absent person's entitlement to pay and allowances under section 2 of this Act [said section]: Provided, That the aggregate of all allotments in effect, from pay and allowances of an absent person, does not exceed the amount of pay and allowances such absent person would be permitted to allot under regulations of the department concerned: Provided further, That any premium paid by the Government on insurance issued on the life of a person, which is unearned by reason of being for a period subsequent to the date of death of such person, shall revert to the appropriation of the department concerned. March 7, 1942, c. 166, Section 3, 56 Stat. 144; December 24, 1942, c. 828, Section 1, 56 Stat. 1092; July 1, 1944, c. 371, Section 3, 58 Stat. 680. Section 1004. Same; continuance, suspension, or resumption of pay and allowances by department head; limitation on duration of allotments. When circumstances are deemed to justify such action in the interests of a person entitled to receive or be credited with pay and allowances under section 2 of this Act [section 1002 of this Appendix], in the interests of the dependents of such person, or in the interests of the Government, the head of the department concerned, or such subordinates as he may designate, may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of such person, subject to the provisions of section 6 of this Act [section 1006 of this Appendix], March 7,

1942, c. 166, Section 4, 56 Stat. 144; December 24, 1942, c. 828, Section 1, 56 Stat. 1092; July 1, 1944, c. 371, Section 4, 58 Stat. 680.

Section 1005. Same; departmenttal review; continuance of missing status or finding of death after year's absence; date of termination of pay and allow

ances.

When the twelve months' period from date of commencement of absence is about to expire in any case of a person missing or missing in action and no official report of death or of being a prisoner or of being interned has been received, the head of the department concerned shall cause a full review of the case to be made. Following such review and when the twelve months' absence shall have expired, or following any subsequent review of the case which shall be made whenever warranted by information received or other circumstances, the head of the department concerned is authorized to direct the continuance of the person's missing status, if the person may reasonably be presumed to be living, or is authorized to make a finding of death. When a finding of death is made it shall include the date upon which death shall be presumed to have occurred for the purposes of termination of crediting pay and allowances, settlements of accounts, and payments of death gratuities and such date shall be the day following the day of expiration of an absence of twelve months, or in cases in which the missing status shall have been continued as hereinbefore authorized, a day to be determined by the head of the department. March 7, 1942, c. 166, Section 5, 56 Stat. 145; December 24, 1942, c. 828, Section 1, 56 Stat. 1092. Section 1006. Same; payment of allotments in case of captured or interned persons until death or return to jurisdiction; pay and allowances and allotments of persons continued in missing status

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 [section 1002 of this Appendix] is alive and in the hands of an enemy or is interned in a neutral country, the payments authorized by section 3 of this Act [section 1003 of this Appendix] are, subject to the provisions of section 2 of this Act [section 1002 of this Appendix], 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 mission person is dead or has returned to the controllable jurisdiction of the department concerned. When a person missing or missing in action is continued in a missing status under section 5 of this Act [section 1005 of this Appendix], such person shall continue to be entitled to have pay and allowances credited as provided in section 2 of this Act [section 1002 of this Appendix] and payments of allotments, as provided in section 3 of this Act [section 1003 of this Appendix], are authorized to be continued, increased, or initiated. March 7, 1942, c. 166, Section 6, 56 Stat. 145; December 24, 1942, c. 828, Section 1, 56 Stat. 1092. Section 1007. Authority of department head to create new allotments and to continue or change amounts of old allotments

The head of the department concerned is authorized to direct the payment of new allotments from the pay of persons in active service (other than persons entitled under section 2 or section 14 of this Act [section 1002 or 1014 of this Appendix] to receive pay and allowances) to increase or decrease the amount of any allotment heretofore or hereafter made by such persons and to continue payment of any allotments of such person which may have expired in November 1941 and any month subsequent thereto, with or without the consent of such person, subject in all cases to termination by specific request of such persons, whenever in the judgment of the head of the department such action is considered essential for the well-being and protection of dependents of persons in active service. March 7, 1942, c. 166, Section 7, 56 Stat. 145,

Section 1008. Penalty for fraudulent receipt of payments

Whoever shall obtain or receive any money, check, or allotment under this Act [sections 1001-1016 of this Appendix], without being entitled thereto, with intent to defraud shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both. March 7, 1942, c. 166, Section 8, 56 Stat. 145.

Section 1009. Determinations by department heads or designees; conclusiveness relative to status of personnel, payments, or death

The head of the department concerned, or such subordinate as he may designate, shall have authority to make all determinations necessary in the admin

1

istration of this Act [sections 1001-1016 of this Appendix], and for the purposes of this Act [said sections] determinations so made shall be conclusive as to death or finding of death, as to any other status dealt with by this Act [said sections], and as to any essential date including that upon which evidence or information is received in such department or by the head thereof. The determination of the head of the department concerned, or of such subordinate as he may designate, shall be conclusive as to whether information received concerning any person is to be construed and acted upon as an official report of death. When any information deemed to establish conclusively the death of any person is received in the department concerned, action shall be taken thereon as an official report of death, notwithstanding any prior action relating to death or other status of such person. If the twelve months' absence prescribed in section 5 of this Act [section 1005 of this Appendix] has expired, a finding of death shall be made whenever information received, or a lapse of time without information, shall be deemed to establish a reasonable presumption that any person in a missing or other status is no longer alive. Payment or settlement of an account made pursuant to a report, determination, or finding of death shall not be recovered or reopened by reason of a subsequent report or determination which fixes a date of death except that an account shall be reopened and settled upon the basis of any date of death so fixed which is later than that used as a basis for prior settlement. Determinations are authorized to be made by the head of the department concerned, or by such subordinate as he may designate, of entitlement of any person, under provisions of this Act [sections 1001-1016 of this Appendix], to pay and allowances, including credits and charges in his account, and all such determinations shall be conclusive: Provided, That no such account shall be charged or debited with any amount that any person in the lands of an enemy may receive or be entitled to receive from, or have placed to his credit by, such enemy as pay, wages, allowances, or other compensation: Provided further, That where the account of any person has been charged or debited with allotments paid pursuant to this Act [said sections] any amount so charged or debited shall be recredited to such person's account in any case in which it is determined by the head of the department concerned, or such subordinate as he may designate, that payment of such amount was induced by fraud or misrepresentation to which such person was not a party. When circumstances warrant reconsideration of any determination authorized to be made by this Act [said sections] the head of the department concerned, or such subordinate as he may designate, may change or modify a previous determination. Excepting allotments for unearned insurance premiums, any allotments paid from pay and allowances of any person for the period of the person's entitlement under the provisions of section 2 of this Act [section 1002 of this Appendix] to receive or have credfited such pay and allowances shall not be subject to collection from the allottee as overpayments when payment thereof has been occasioned by delay in receipt of evidence of death, and any allotment payments for periods subsequent to the termination, under this Act [sections 1001-1016 of this Appendix] or otherwise, of entitlement to pay and allowances, the payment of which has been occasioned by delay in receipt of evidence of death, shall not be subject to collection from the allottee or charged against the pay of the deceased persons. The head of the department concerned, or such subordinate as he may designate, may waive the recovery of erroneous payments or overpayments of allotments to dependents when recovery is deemed to be against equity and good conscience. In the settlement of the accounts of any disbursing officer credit shall be allowed for any erroneous payment or overpayment made by him in carrying out the provisions of this Act [sections 1001-1016 of this Appendix], except sections 13, 16, 17, and 18 [sections 1013 and 1016, and former sections 1017 and 1018 of this Appendix], in the absence of fraud or criminality on the part of the disbursing officer involved, and no recovery shall be made from any officer or employee authorizing any payment under such provisions in the absence of fraud or criminality on his part. March 7, 1942, c. 166, Section 9, 56 Stat. 145; July 1, 1944, c. 371, Section 5, 58 Stat. 680.

Section 1010. Same; fact of dependency; authority to determine; conclusiveness.

The determination of the fact of dependency under the provisions of this Act [sections 1001-1016 of this Appendix], the determinaton of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law, and the determination of the fact of dependency under the

1 So in original. Probably should read "hands."

provisions of any and all other laws providing for the payment of pay, allowances, or other emoluments to enlisted personnel in the Army, Navy, Marine Corps, and Coast Guard of the United States where such payments are contingent upon dependency, shall be made by the head of the department concerned, or by such subordinate as he may designate, and any such determination so made shall be final and conclusive. March 7, 1942, c. 166, Section 10, 56 Stat.

145; July 1, 1944, c. 371, Section 6, 58 Stat. 681.

Section 1011. Settlement of accounts.

The head of the department concerned, or such person as he may designate, is authorized to settle the accounts of persons for whose account payments have been made pursuant to the provisions of sections 2 to 7, both inclusive, of this Act [sections 1002-1007 of this Appendix], and the accounts of survivors of casualties to ships, stations and military installations which result in loss or destruction of disbursing records, and such settlements shall be conclusive upon the accounting officers of the Government in effecting settlements of the accounts of disbursing officers. March 7, 1942, c. 166, Section 11, 56 Stat. 146. Section 1012. Moving dependents and effects of persons dead, injured, captured, et cetera, appropriations chargeable with cost.

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 thirty days or more, interned in a neutral country, or captured by the enemy, upon application by such dependents, may be moved (including packing and unpacking of household effects), upon receipt by such dependents of such official report, to such location as may be determined in advance or subsequently approved by the head of the department concerned or by such persons as he may designate. The cost of such transportation, including packing and unpacking of household effects, shall be charged against appropriations currently 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 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 prolonged duration. No transportation shall be authorized pursuant to this section 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 of the United States or in Alaska. March 7, 1942, c. 1666, Section 12, 56 Stat. 146; February 12, 1946, c. 6, Section 1 (a), 60 Stat. 5; August 29, 1951, c. 356, Section 1, 65 Stat.

Section 1012a. Authorization of claims for reimbursement; ratification of prior payments.

(a) Claims for travel by dependents and for transportation of household and personal effects which arose under section 12 of the Missing Persons Act, as amended [section 1012 of this Appendix], incident to the death of a person in active service, and which were not presented for reimbursement or were presented and were rejected or disallowed, may, until three years after the date of approval of this Act [August 29, 1951], be presented for consideration or reconsideration and reimbursement under the provisions of section 12 of the Missing Persons Act [said section], as amended by [section 1 of] this Act: Provided, That this section shall be applicable only to such claims which arose on or after September 8, 1939, and prior to the date of approval of this Act [August 29, 1951].

(b) Payments made by disbursing officers for travel by dependents and for transportation of household and personal effects pursuant to section 12 of the Missing Persons Act, as amended [this section], on or after March 7, 1942, and prior to the date of approval of this Act [August 29, 1951], heretofore not allowed by virtue of inability to establish death or injury as a result of military or naval operations, are ratified.

(c) Payments made by disbursing officers on or after June 25, 1950, and prior to the date of approval of this Act [August 29, 1951] for the transportation, packing, and unpacking of privately owned motor vehicles transported under the conditions set forth in section 12 of the Missing Persons Act, as amended by section 1 of this Act [this section], are ratified. August 29, 1951, c. 356, Section 2, 65 Stat.

Section 1014. Application of Act to persons beseiged by enemy.

The provisions of this Act [sections 1001-1016 of this Appendix], applicable to persons in the hands of an enemy, shall also apply to any person beleaguered or besieged by enemy forces. March 7, 1942, c. 166, Section 14, 56 Stat. 147. Section 1015. Effective date and termination of Act.

This Act [sections 1001-1016 of this Appendix], except sections 13, 16, 17, and 18 [sections 1013 and 1016, and former sections 1017 and 1018 of this Appendix], shall be effective from September 8, 1939, and shall remain in effect until the termination of the present war with Germany, Italy, and Japan, and for twelve months thereafter, or until such earlier time as the Congress by concurrent resolution or the President by proclamation may designate. March 7, 1942, c. 166, Section 15, 56 Stat. 147; December 24, 1942, c. 828, Section 1, 56 Stat. 1092.

STATEMENT OF LT. COL. THEODORE J. COLLUM, CASUALTY BRANCH, UNITED STATES ARMY, ACCOMPANIED BY MAJOR FISHER, G-1

Colonel COLLUM. I am Lt. Col. Theodore J. Collum, of the Casualty Branch of the Army, and I have with me Major Fisher, of the G-1 Division.

Mr. Chairman, the Missing Persons Act, as amended, is the authority under which the heads of the executive departments are authorized to continue to credit the pay accounts of persons who are missing or missing in action, to continue, make or modify allotments of pay from those accounts during such periods of absences, and also authorizes the head of the department to make a finding of death, if appropriate, after an absence of 1 year or a greater period, and thereby enables the department to settle the individual's accounts, pay the gratuity pay, and so forth.

I would like to give just a thumbnail sketch of the high lights of the course of this legislation, which I think will probably indicate the necessity for continuing it. The legislation was initially drafted by the Navy in anticipation of the need for legislation for the continuance of allotments to dependents, when the fate of naval personnel might become unknown during the early part of the emergency preceding World War II. However, in researching the statutes in connection with that proposed legislation, it was discovered that any statutes which were then on the books which provided for the continuance of the pay in itself were rather outmoded and were applicable primarily to people who were captured, or other similar status. Generally, they were applicable only to enlisted personnel. There was no general statute which made an arbitrary continuance of the pay possible. Consequently, the legislation as prepared by the Navy, first provided arbitrarily for the continuance of the pay and then, next, for the continuance of such allotments as were in effect or were determined necessary.

The measure was amended in the course of enactment to be applicable also to Army personnel and to certain civilians of the other executive departments. Incidentally, in the process of extending the legislation to Army personnel it was also discovered that there was no