Under the proposed bill, designations of the director and assistant directors would be made by the Secretary of the Navy, and appointment of them to appropriate commissioned grades would be made by the President after confirmation by the Senate. Appointment as director or assistant director would be inade from among qualified personnel of the United States Marine Corps or the United States Marine Corps Reserve.

As proposed by this bill, the Director of the band would be appointed initially in the grade of captain, and the two Assistant Directors would receive initial appointments as lieutenants. Subsequently, under regulations to be established by the Secretary of the Navy, they could be promoted to higher grades. The terminal grade of the Director would be that of lieutenant colonel, while the Assistant Directors could not be promoted above captain. Promotions to higher grades would be made by Presidential appointment, by and with the advice and consent of the Senate.

This bill would permit the Secretary of the Navy, in his discretion, to revoke a designation as Director or Assistant Director. Upon such revocation, the individual occupying that position would be either discharged from the service, or have the option of reversion to the grade and status he held prior to his designation as Director or Assistant Director.

The desirability of providing military grade to the Director and Assistant Directors of the Marine Corps Band commensurate with their responsibilities is believed to be readily apparent. The Marine Corps Band has, since about 1801, occupied a unique position. The band provided music for the first Presidential Inauguration in Washington, D. C. on March 4, 1801, when Thomas Jefferson assumed office. Since that time, it has furnished music at official functions for each succeeding President. Traditionally, it is the "President's own" band.

This function, plus the tremendously increased scope of its other activities during recent years, creates a sizable workload, not only from a musical standpoint but also in fields related to personnel administration, logistics, and public relations among others. The number of officers and their ranks which would be authorized by this bill would be appropriate for duties and functions which they are required to perform.

I am very appreciative of the opportunity to represent the Marine Corps on this matter which is of deep and personal concern to the Commandant. I will be very happy to answer any questions which you may have.

Chairman RUSSELL. Colonel, we are all proud of the Marine Corps Band, of course we know its proud history of providing music at Presidential Inauguration and residential functions, and it is proud to be called the President's own band.

Is it getting larger? Is that the reason yon need another Assistant Director, or why do you need this additional man?

Colonel McINTEER. The Marine Band has had a leader and assistant leader for quite some time. It dates back, that particular organization in this current law dates back to an act of March 4, 1925.

During that period of time the functions of the band have been greatly expanded. Rather than appearing on a local personal appearance basis, the band makes large-scale tours and appears on many national networks, and the administrative work of the band as well as the strictly musical functions of the band

Chairman RUSSELL. AS I understand, this additional officer is to more or less look after administrative work.

Colonel McINTEER. Yes, sir, but not entirely. He will be a qualified musician and a qualified Assistant Director of the band.

Both the musical and the administrative workload of the band has increased considerably, not so much in the last 2 or 3 years, but over the period of years which the present organization has been in effect. Chairman RUSSELL. Yes; I am aware of that. I am sure we all have requests from our States periodically to get the Marine Corps Band to play for some big public function. It is a great attraction. Senator Saltonstall?

Senator SALTONSTALL. No questions.

Chairman RUSSELL, Senator Smith?

Senator SMITH. No questions.

Chairman RUSSELL. Senator Symington?

Senator SYMINGTON. No questions.

Chairman RUSSELL. Thank you very much, Colonel McInteer. (Subsequently, in executive session, the committee unanimously voted to report the bill favorably, without amendment, as covered by S. Rept. 2547.)

H. R. 9500

Chairman RUSSELL. The next bill on the agenda for the open session of the committee is H. R. 9500, which would extend the Missing Persons Act for 1 year.

(H. R. 9500 is as follows:)

[H. R. 9500, 84th Cong., 2d sess.]

AN ACT To continue the effectiveness of the Missing Persons Act, as extended, until July 1, 1957

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15, Missing Persons Act (56 Stat. 147, 1093), as amended, is further amended by deleting "July 1, 1956" and inserting in lieu thereof "July 1, 1957”.

Passed the House of Representatives June 18, 1956.
Attest:

RALPH R. ROBERTS, Clerk.

Chairman RUSSELL. It appears that this measure was recommended by the Armed Services Committee of the House and passed the House while the committee continued to give consideration to a permanent version of the Missing Persons Act.

We have had various requests to make statements from outside witnesses, but we will first hear the departmental witness, who is Brig. Gen. J. B. Crawford, of the Department of the Army.

Proceed, General.

STATEMENT OF BRIG. GEN. J. B. CRAWFORD, OFFICE, DEPUTY CHIEF OF STAFF FOR PERSONNEL, DEPARTMENT OF THE ARMY; ACCOMPANIED BY CAPT. WILTON B. PERSONS, JR., OFFICE, JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE ARMY

General CRAWFORD. Mr. Chairman, I have a prepared statement which I propose to offer for the record. I will attempt to answer any questions that the committee wishes to ask.

(The statement referred to is as follows:)

Mr. Chairman, I am Brig. Gen. J. B. Crawford, Office of the Deputy Chief of Staff for Personnel, Department of the Army. The Department of the Army has been designated to represent the Department of Defense for this legislation. I have a brief prepared statement which I would like to present to the committee.

Mr. Chairman, I shall not take the committee's time in going into the background of the Missing Persons Act, the history of which I believe is familiar to all. This act, Public Law 490, 77th Congress, as amended, is the only authority under which the heads of the executive departments are authorized to continue to credit the pay accounts of persons within the scope of the statute while missing, missing in action, interned, captured, or in similar status, or to continue, make, or modify allotments to their dependents during such periods of absence.

It also authorizes the head of the Department to make findings of death, if proper, after 1 year's absence, or any greater period, and thereby enables settlement of accounts.

Section 15 of the act provided that all other sections should remain in effect until 1 year after termination of the war with Japan, Germany, and Italy, unless terminated earlier by concurrent resolution or by the President. Public Law 122, 84th Congress, extended the act until July 1, 1956.

H. R. 9500, the legislation presently under consideration by the committee, is designated to continue the effectiveness of the Missing Persons Act, as amended and extended, until July 1, 1957. This bill makes no change whatever in the legislation presently in effect.

Expiration of Public Law 122, 84th Congress, on July 1, 1956, left no authority for continuation of the pay and allotments of the personnel involved.

The Department of Defense recommended proposed legislation to revise and make permanent the current temporary provisions of law relating to persons who are missing, missing in action, interned in a foreign country, or captured by hostile force. That legislation, H. R. 11787, is now before the House of Representatives. However, in view of the fact that the temporary authority under the Missing Persons Act expired July 1, 1956, it is believed appropriate that the current temporary law be extended for 1 year and made retroactive to July 1, 1956.

Mr. Chairman and members of the committee, in closing I would like to state that we most earnestly recommend enactment of this legislation in order that this beneficial law will continue in effect.

I appreciate this opportunity of appearing before the committee and shall be happy to answer any questions you may have on this bill. In addition, I have with me representatives of the other services concerned. Thank you. Chairman RUSSELL. When does this act expire?

General CRAWFORD. It has already expired, Senator. It expired the 1st of July. We are without authority now.

Chairman RUSSELL. Why is it necessary to extend the act?

General CRAWFORD. At the moment, Senator, we have 10 persons, I believe, who are missing and qualify under this act. We have no authority to continue the payments to their next of kin, and the checks will actually be held up later this month if this bill is not passed. Chairman RUSSELL. You say you have only 10?

sir.

General CRAWFORD. We have 10 at the moment, as I understand it,

Chairman RUSSELL. The so-called missing prisoners in the Korean war are considerably more in number than 10.

General CRAWFORD. Yes, sir; but that is all taken care of, sir. We have 10 people who like one of our sergeants was out, I believe on the lakes somewhere in Kentucky, with another party, and the other party was drowned and the sergeant was missing, and we haven't found the body yet.

We presume he is drowned, but since we have not determined that and cannot for a while, he must be now carried as a missing person. Chairman RUSSELL. Is there any time limitation on how long you do carry him?

General CRAWFORD. Yes, sir. One year, sir.

Chairman RUSSELL. One year.

And this affects the payments that are made to their dependents? General CRAWFORD. Yes, sir. It is important, therefore, sir, for us to have this authority at this time, sir.

Chairman RUSSELL. It does not change existing law in any degree. General CRAWFORD. No change.

Chairman RUSSELL. It merely extends it for 1 year.

General CRAWFORD. The bill before you makes no change in the law that has been in effect since last year.

Chairman RUSSELL. There are special circumstances in which you can carry missing persons for more than 1 year, are there not, General? Captain PERSONS. Yes, sir; I believe that is right. After 1 year the head of the department must review the circumstances, if he has not already found the man to be dead, and decide whether or not to declare him dead or continue him as missing.

And if the circumstances are such that they indicate the man is dead, a finding of death will be made. If it is still up in the air, he can be retained until further evidence is received.

Chairman RUSSELL. In practically all of the cases I assume the 1-year limitation is invoked and applied.

Captain PERSONS. Yes, sir.

Chairman RUSSELL. Senator Saltonstall?

Senator SALTONSTALL. Mr. Chairman, I would be in favor of this, but I would like to inquire, Is the Department of Defense actively working on changes which will make this into a permanent law?

General CRAWFORD. Yes, sir. There has been a bill placed before the House, and it was considered, I believe, by the House this year, sir, to make it a permanent law. And it has some other features, also, Senator SALTONSTALL. So there is a bill to make it a permanent law. pending before the House now?

General CRAWFORD. There is a bill and, as I understand, it has passed the committee of the House, but has not been voted on by the House as a whole, sir, to make it permanent law.

Senator SALTONSTALL. Thank you, Mr. Chairman.

Chairman RUSSELL. The Department did recommend the permanent law?

General CRAWFORD. They did; yes, sir.

Chairman RUSSELL. But that involves considerable hearings; and if we were going to make it permanent

General CRAWFORD. There were some controversial issues, as I understand it, Senator, and those controversial issues have served to slow it down; and I understand that the purpose of having this bill, which merely extends the time when it would expire, was to try to get authority which we need this year.

Chairman RUSSELL. Senator Symington?

Senator SYMINGTON. No questions, Mr. Chairman.

Chairman RUSSELL. Senator Smith?

Senator SMITH. No questions.

Chairman RUSSELL. Senator Jackson?

Senator JACKSON. No questions.

Chairman RUSSELL. Senator Ervin?

Senator ERVIN. No questions.

Chairman RUSSELL. Former Congressman La Vern R. Dilweg, of Wisconsin, has requested to be heard on this measure.

We also have with us Mr. Miles Kennedy, and we will hear later from him if he wishes to be heard.

You may proceed, Mr. Dilweg.

STATEMENT OF LAVERNE R. DILWEG, ATTORNEY AT LAW AND FORMER MEMBER OF CONGRESS FROM THE STATE OF WISCONSIN Mr. DILWEG. I have a prepared statement. I think the committee. will grasp it more readily if I read it. It will take 5 minutes.

Chairman RUSSELL. If you read it in 5 minutes, you will be doing very well.

Mr. DILWEG. I am grateful for the opportunity to appear before this committee to state my views in endorsement of H. R. 9500, which bill, in its present form, would extend the Missing Persons Act for 1 year, and suggest that the same be amended to include the language contained in S. 860, a bill introduced by Senator Mansfield.

Companion bills on the House side are H. R. 3674, introduced by Hon. Leroy Johnson of California, a member of the Armed Services Committee, and H. R. 2208, introduced by Hon. Olin Teague of Texas, chairman of the Veterans 'Affairs Committee.

The suggested language will amend the Missing Persons Act (Public Law 490, 77th Cong., as amended) by providing that entitlement to pay and allowances shall not be denied in the case of any member of the Philippine Scouts solely on the ground that such member was paroled and permitted to return to his home and engage in certain pursuits prior to the termination of the Japanese occupation. The Philippine Scouts were authorized by act of the United States Congress shortly after the Spanish-American War. Enlisted men of the Philippine Scouts are enlisted men in the Army and were paid, trained, and utilized strictly under our control.

Under their enlistment the courts hold there was a binding contract between them and the United States which entitled them to pay and allowances as members of a unit of the United States Army. Their rate of pay was fixed by statute.

When we surrendered all our forces in the Philippines to the Japanese, the Scouts were naturally taken into custody, along with the other troops. Later, the Philippine Scouts, as well as all other Philippine soldiers, were arbitrarily released from prisoner-of-war camps under extreme duress. This was after more than 30,000 Filipinos,including Philippine Scouts, had died in Japanese prisoner-of-war

camps.

Violations of Japanese-imposed parole regulations was punishable by death. Many were executed or brutally beaten and families were torn apart or maligned whenever violations occurred. The "paroled" Scouts were constructively prisoners of war when released; their status did not materially change, since the Japanese completely dominated every phase of living in the Philippines, and the United States could not bring them relief.

In this connection see subsequent statements by the Department of the Army as to purpose and need for Missing Persons Act.

The Army refused to pay its own Philippine Scouts for the period they were on forced parole, using the fallacious pretext that they were not in a casualty status, forgetting all about the contractual obligation between our Government and its soldiers.

With the fall of the Philippines in early 1942, a situation unique in the history of the United States was presented. The Congress passed the Missing Persons Act (act March 7, 1942, 56 Stat. 143), as amended (act July 1, 1954, 58 Stat. 679; 50 U. S. C. App., Supp. V, 1001, et seq.), as part of the legislation made necessary by that event.

Prior to enactment of the Missing Persons Act the only legislation on the question was section 1288, Revised Statutes (10 U. S. C. 846), which provided:

Every noncommissioned officer and private of the Regular Army, and every officer, noncommisioned officer, and private of any militia or volunteer corps in