An Act to provide improved opportunity for promotion for certain officers in the naval service, and for other purposes
PL 86-155 (H.R.4413), enacted 08/11/1959

73 S T A T . ] 
PUBLIC LAW 86-155-AUG. 11, 1959 
333 
Public Law 86-153. 
AN ACT 
To amend the Act of August 4, 1955 (Public Law 237, Eighty-fourth Congress), 
to provide for conveyance of certain interests in the lands covered by such 
Act. 
August 11, 1959 
[S. 1110] 
Be it enacted hy the Senate and Houm of RepreHentativeH of the 
United States of America in Congress asseinMed, That the Act en-
titled "An Act to direct the Secretary of Agriculture to release on 
behalf of the United States conditions in two deeds conveying certain 
submarginal lands to Clemson Agricultural College of South Carolina 
so as to permit such college, subject to certain conditions, to sell, lease, 
or otherwise dispose of such lands", approved August 4, 1955 (Public 
Law 237, Eighty-fourth Congress; 69 Stat. 496), is amended by add-
ing at the end thereof the following: 
"SEC. 3. (a) Upon application and subject to subsection (b) of this 
section, all the undivided mineral interests of the ITnited States in any 
parcel or tract of land released pursuant to this Act from the said 
conditions as to such lands may be conveyed to the Clemson Agri-
cultural College of South Carolina by the Secretary of the Interior 
upon the payment of an amount equal to the fair market value of such 
interests, as determined by appraisal or otherwise. 
"(b) This section shall not apply to the mineral interests of the 
United States in the seven thousand three hundred eighty and one-
half acres of land taken by eminent domain in Civil Action 2446 in 
the United States District Court for the Western District of South 
Carolina." 
Approved August 11, 1959. 
C l e m son Agri-
cultural College, 
S. C. 
C o n ve yance of 
land interests. 
N o n app 1 i c a-
bility. 
Public Law 86-154 
AN ACT 
Granting the consent of Congress to interstate compacts for the development or 
operation of airport facilities. 
August 11, 1959 
[S. 2183] 
Be it etwLcted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the consent of 
A°T^ o
*
V
*
f
* facii-
Congress is hereby given to each of the several States to enter into any ities. 
agreement or compact, not in conflict with any law of the United 
States, with any other State or States for the purpose of developing 
or operating airport facilities. The right to alter, amend, or repeal 
this Act is expressly reserved. 
Approved August 11, 1959. 
P.ublic Law 86-155 
AN ACT 
To provide improved opportunity for promotion for certain officers in the naval 
service, and for other purposes. 
August 11, 1959 
[H. R. 4413] 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembledyThsd, (a) the Secre-
tary of the Navy may, whenever the needs of the service require, 
convene selection boards, or direct boards convened under chapter 
543 of title 10, United States Code, to recommend for continuation on 
the active list officers of the Regular Navy and the Regular Marine 
Navy, 
o f f i c e r 
promotions. 
70A S t a t . 336-
345. 
10 u s e 
5 7 0 1 -
5711. 
884 
PUBLIC L
A
W 86-166-AUQ. 11, 1969 
[78 STAT. 
Corps described in subsection (c) and shall convene or direct such 
boards to recommend for continuation on the active list officers of 
the Regular Navy and the Regular Marine Corps described in sub-
sections (e)-(g). Except as otherwise provided in this section, the 
provisions of chapter 643 of title 10, United States Code (other than 
section 5701(e)), concerning boards to recommend captains, com-
manders, colonels, or lieutenant colonels for promotion, apply to each 
board convened under this subsection. 
(b) Each board convened under subsection (a) to consider captains 
in the Medical Service Corps or the Nurse Corps shall consist of not 
less than three or more than nine officers on the active list or the 
retired list of the Regular Navy in the grade of captain or above, two-
thirds of whom are officers in the Medical Corps and one-third of 
whom are officers in the corps concerned. To be eligible for member-
ship on such a board, an. officer on the active list in the Medical Service 
Corps or the Nurse Corps must have been recommended for continua-
tion on the active list by an earlier board convened under this section. 
When there is an insufficient number of officers of the Medical Service 
Corps or the Nurse Corps available to serve, the Secretary shall com-
plete the minimum required membership by appointing as members 
•oi the board officers or the Regular Navy in the Medical Corps. 
(c) Each officer of the Regular Navy or the Regular Marine Corps 
who has served on active duty for more than five years, who is not 
on a promotion list, and who will complete at least five years of service 
in the grade of captain in the Navy or colonel in the Marine Corjw 
by June 30 of the fiscal year in which a board is convened under this 
section is eligible for consideration for continuation on the active 
list by that w)ard. An officer who has once been recommended for 
continuation while serving? in the grade of captain or colonel by such 
a board may not be considered bv a subsecjuent board convened under 
this section and is not subject to the provisions of subsection (e) or (f). 
For purposes of this subsection, an officer is considered as serving in 
the grade of captain in the Navy or colonel in the Marine Corps from 
the date of rank assigned him upon appointment to that grade under 
33'i?l2®aJtVi49> chapter 539 or 545 of title 10, United States Code, until the effective 
1495. 
* 
date of his appointment in the next higher grade under chapter 545 
5M?."^^ 55 71- of title 10. United States Code. 
70A Stat. 345- 
(d^ When the Secretary convenes a board under this section to 
^*fo use 5 751- consider any category of officers described in subsection (c) or (e), 
5792. 
he shall establish a continuation zone for that category. The con-
tinuation zone for each category shall include such number of officers 
as the Secretary determines to be necessary to best meet the needs of 
the service. The senior officer in a continuation zone, for each cate-
gory of officers, shall be designated by the Secretary. 
When the 
Secretary convenes a board to consider for continuation a category 
of officers for which a continuation board has been previously con-
vened, the senior officer for that category shall be the officer next 
junior to the most junior officer of that category considered for con-
tinuation by the preceding board. The junior officer in each con-
tinuation zone shall be designated by the Secretary. In each category,, 
all officers junior to the senior officer and senior to the junior officer 
in a continuation zone shall be in the continuation 2one for that 
category. 
Only officers who are in a continuation zone may be con-
sidered for continuation by a selection board. 
(e) Each officer not restricted in the performance of duty serving 
in the grade of captain on the active list in the line of the Regular 
Navy, each officer serving in the grade of captain on the active list 
of the Regular Navyjn the Supply Corps, the Chaplain Corps, or the 
Civil Engineer Corps, and each officer not restricted in the per-
78 STAT.] 
P U B U C L
A
W 86-165-AUG. 11, 1969 
886 
formance of duty serving in the grade of colonel on the active list 
of the Regular Marine Corps who is not on a promotion list, who 
has not been previously recommended for contmuation in the ap-
proved report of a board, and who has at least twice failed of selec-
tion to the ^ade of rear admiral in the Navy or brigadier ^neral in 
the Marine Corps is eligible for consideration for continuation on the 
active list by a board convened under this section. 
(f) Each officer designated for supplv duty serving in the grade 
of colonel on the active list of the Regular Marine Corps who is not 
on a promotion list, who has not been previously recommended for 
continuation in the approved report of a board, and who will com-
plete at least twenty-seven years of total commissioned service, as 
computed under section 6387 of title 10, United States Code, b^ 
^OA stnt. 408. 
June 30 of the fiscal year in which a board is convened under this 
section is eligible for consideration for continuation on the active 
list by that board. 
(g) Each officer on the active list of the Regular Navy or the 
Regular Marine Corps serving in the grade of commander or lieu-
tenant colonel (except an officer designated for limited duty, an 
officer in the Nurse Corps, or a woman officer appointed under section 
6590 of title 10, United States Code) who is not on a promotion list, 
^OA stnt. 327. 
who has not been previously recommended for continuation in the 
approved report of a boara, and who has at least twice failed of 
selection for promotion to the grade of captain in the Navy or colonel 
in the Marine Corps is eligible for consideration for continuation on 
the active list by a board convened under this section. 
(h) The Secretary shall furnish the appropriate selection board 
cbnvened under this section with the names 01 the officers who shall 
be considered by the board and, based on the needs of the service, the 
number of these officers by categories that may be recommended for 
continuation on the active list. Of the officers considered for continu-
ation by each selection board, the board shall recommend those officers 
whom the board considers best qualified for continuation on the active 
list. Each board shall certify in its written report that in the opinion 
of at least two-thirds of the acting members of the board the officers 
recommended are selected as best qualified for continued service on 
the active list. Of the officers considered but not recommended for 
continuation on the active list the board shall further report the 
names of any officers whose performance of duty would not warrant 
retention on the active list under any circumstances. Each board 
shall certify in its written report that in the opinion of two-thirds 
of the acting members of the board, based on the information avail-
able to the board, the performance of duty of each such officer whose 
name is so reported would not warrant retention on the active list 
under any circumstances. The report of each board shall be sub-
mitted to the President and shall become final upon his approval. 
(i) Unless sooner selected for promotion to the next higher grade, 
each officer who is considered for continuation on the active list by a 
board convened under this section and who is not recommended for 
continuation in the approved report of the board, shall, notwithstand-
ing any other provision of law except subsection (j) or (k), be retired 
on June 30 of the fiscal year in which the report of the board is 
approved or in which he completes 20 years of total commissioned 
service, as comjjuted under section 6387 or 6388 of title 10, United 40^°^ ^'^*- '*°*' 
States Code, whichever is later. 
(j) An officer in a grade below rear admiral on the active list of 
the Regular Navy who has the rank of rear admiral while serving in 
a statutory office and who would be retired under this Act may have 
336 
PUBLIC LAW 86-155-AUG. 11, 1959 
[73 STAT. 
his date of retirement deferred by the Secretary during the period 
the officer has the rank of rear admiral and has not attained the age 
of sixty-two years. 
(k) If the report of a board that considers officers for continuation 
on the active list under this section is approved less than six months 
before the end of the fiscal year, the retirement of officers who were 
considered but not recommended for continuation by that board shall 
be deferred until the first day of the seventh month following the 
month in which the report of the board is approved. 
SEC. 2. (a) An officer who is retired under this Act, unless other-
wise entitled to a higher retired grade or higher retired pav, shall 
be retired in the grade in which he was serving at the time of retire-
ment and is entitled to retired pay at the rate of 2 ^ percent of the 
basic pay to which he would be entitled if serving on active duty in 
the grade in which retired multiplied by the number of years of 
1451. ^*^** ^^°' service that may be credited to him under section 1405 of title 10, 
United States Code. 
(b) The retired pay of any officer retired under this Act may not 
be less than 60 percent or more than 75 percent of the basic pay upon 
which the computation of retired pay is based. 
(c) In determining the total number of years of service to be used 
as a multiplier in computing retired pay under subsection (b), and 
in determining the resultant number of years of early retirement 
under subsection (d), a part of a year that is six months or more is 
counted as a whole year and a part of a year that is less than six 
months is disregarded. 
(d) An officer who on the date of enactment of this Act is serving 
in the grade of captain or commander in the Regular Navy or colonel 
or lieutenant colonel in the Regular Marine Corps or is on a pro-
motion list for promotion to one of those grades, who is not thereafter 
recommended for promotion to a higher grade, and whose name has 
not been reported in the approved report of a board in compliance 
with subsection 1(h) of this Act, and who is retired under this Act 
shall be paid, in addition to his retired pay, a lump-sum payment 
of $2,000, effective on the date of his retirement. 
(e) An officer who has the qualifications specified in subsection 
(d) and who has been considered but not recommended for continua-
tion on the active list pursuant to section 1 of this Act shall be 
considered for the purpose of subsection (d) as being retired under 
this Act if the officer retires voluntarily prior to the date specified 
for his retirement under this Act. 
(f) An officer who is retired under this Act shall thereafter be 
considered as having retired voluntarily pursuant to section 6323 
72 Stat. 1509. 
of title 10, United States Code. 
SEC. 3. Notwithstanding section 1431 of title 10, United States 
70A Stat. 108. 
Code^ a change of an election made under that section by an officer 
who IS retired under this Act is effective if made at such a time that 
it would have been effective had he been retired on the date pre-
7ilt'lt.^384V 70A scribed by section 6376, 6377, or 6379 of title 10, United States Code, 
Stat. 404. ' 
as appropriate, and a revocation of an election made under that 
section by an officer retired under this Act is effective if made before 
his retirement. 
SEC. 4. (a) Until December 31,1964, the Secretary of the Navy may 
establish zones of consideration for male officers of the Marine Corps 
serving in the grade of major, in addition to or instead of the promo-
tion zones authorized by sections 5765 (b) and (c) of title 10, United 
States Code. 
The zone of consideration for that grade shall include 
such number of officers who are eligible for consideration for promo-
tion as the Secretary determines to best meet the needs of the Marine 
70A Stat. 354. 
70A Stat. 354. 
73 S T A T . ] 
PUBLIC LAW 86-155-AUG. 11, 1959 
387 
Corps. The senior officer and the junior officer in a zone of consider-
ation sliall be designated by tlie Secretary. All officers junior to the 
senior officer and senior to the junior officer in a zone of consideration 
shall be in the zone of consideration. The zone of consideration for 
officers designated for supply duty shall consist of those officers who are 
junior to the senior officer and senior to the junior officer in the cor-
responding zone of consideration for officers not restricted in the 
performance of duty. Only officers who are in a zone of consideration 
or who are senior thereto may be considered by the selection board. 
Notwithstanding any other provision of law except the second sen-
tence of subsection (c) of this section, the selection board may rec-
ommend as best fitted for promotion, from among the officers who 
are in or senior to a zone of consideration, the number of officers serv-
ing in the grade of major that the board is authorized to recommend 
for promotion to the grade of lieutenant colonel. An officer who is 
included within a zone of consideration but is not Avitliin or senior to 
a promotion zone and who is not selected for promotion is not con-
sidered as having failed of selection for any purpose. 
(b) Whenever a zone of consideration is established for the grade 
of major pursuant to this section the term "promotion zone" as used 
in section 5759(b) of title 10, United States Code, is synonymous 
70Astat. 349. 
with the term "zone of consideration". 
(c) Notwithstanding the last sentence of section 5765(b) of title 
10, United States Code, the Secretary shall, until December 81, 1964, 
determine the number of officers of the Marine Corps in a promotion 
zone for promotion to lieutenant colonel on the basis of a considera-
tion of the number of vacancies estimated for the grade of lieutenant 
colonel in the next five years, the required number of vacancies in the 
OTade of major, and the age and service characteristics of the officers 
m the grade of major. 
The Secretary may, until December 81, 1964, 
specify the maximum number of officers who may be recommended 
for promotion to the grade of lieutenant colonel from within and 
above a promotion zone established under section 5765 of title 10, 
United States Code. That portion of section 5765(b) of title 10, 
7OA stat. 3S4. 
United States Code, which reads "in order to maintain a flow of pro-
motion consistent with the terms of service set out in section 5768 
^^^ s'"*- ^^6. 
of this title and" is suspended until December 31, 1964, for the grade 
of major. 
SEC. 5. The President may suspend any provision of section 1 or 4 
of this Act during a war or national emergency hereafter declared. 
Such a suspension may not continue beyond June 80 of the fiscal year 
following that in which the war or national emergency ends. 
SEC. 6. Section 6887(b)(2) of title 10, United States Code, is 
7OA stat. 408. 
amended by striking out the words "is, or at any time has been," and 
inserting the words "has been continuously" in place thereof. 
SEC. 7. No officer of the Navy in the Medical Corps, the Dental 
Corps, the Medical Service Corps, or the Nurse Corps is subject to 
the provisions of this Act during the effective period of the Act of 
June 27, 1957, Public Law 85-62 (71 Stat. 208), as now or hereafter , so u s e a pp. 
J J 
' ' 
454 note. 
amended. 
SEC. 8. Section 1 of this Act shall have no further force or effect 
after June 30,1965. 
SEC. 9. (a) Chapter 561 of title 10, United States Code, is eieS "^"^ ^ ^'*'" 
amended— 
(1) by repealing section 6150- and 
(2) by striking out the following item in the analysis: 
"6150. Higher retired grade foe retired officers specially commended." 
(b) This section becomes effective on November 1, 1959. 
338 
PUBLIC L
A
W 86-156-AUG. 14, 1959 
[73 STAT. 
seg^ use 221 et 
gjjc. 10. (a) Chapter 11 of title 14, United States Code, is 
amended— 
(1) by repealing sections 239 and 309, and 
(2) by striking out the following items in the analysis: 
"239. Retirement in case of special commendation. 
"309. Retirement in case of special commendation." 
(b) This section becomes effective on November 1, 1959. 
Approved August 11, 1959. 
Public Law 86-156 
August 14, 1959 
AN ACT 
^^ '^^^ 
To amend title 10, United States Code, section 2481, to authorize the United 
States Coast Guard to sell certain utilities in the immediate vicinity of a Coast 
Guard activity not available from local sources. 
Coast Quard. 
Disposal of util-
Be it enacted by the /Senate and Hcniae of Representatives of the 
^ _
^ 
United States of America in Congress assembled, That section 2481 
itiVsT'' 
of title 10, United States Code, is amended as follows: 
7
0
A Stat. 141. 
/;|^^ Subsection (a) is amended as follows: 
(A) By striking out the words "of a military department" and 
inserting in place thereof the word "concerned". 
(B) By striking out the word "or" immediately following the 
words "Air Force,"^ and inserting the words "or Coast Guard," imme-
diately following the words "Marine Corj)s,". 
(2) Subsection {c\ is amended by striking out the words "of the 
military department". 
Approved August 14, 1959. 
August 14. 1959 
ust 14. IS 
[8. 24/11 
Public Law 86-157 
AN ACT 
To amend the Tennessee Valley Authority Act of lOi^S, as amended, and fur 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Intt* 
282 
United States of America in Congress assembled^ That section 15d(a) 
*' "* 
• 
of the Act to amend the Tennessee Valley Authority Aot of 1933, as 
amended, and for other purposes, approved on August 6, 1959, is 
liereby amended by deleting therefrom the following: 
^^Provided, That with the budget estimates transmitted by the 
President to the Cfongress, the President shall transmit the power 
construction program of the Corporation as presented to him and 
recommended by the Corporation, together with any recommendation 
he may deem appropriate. 
"Neither bond proceeds nor power i-evenues received by the Corpora-
tion shall be used to initiate the construction of new power producing 
projects (except for replacement purposes and except the first such 
project begun after the effective date of this section) until the con-
struction program of the Corporation shall have been before Congress 
in session for ninety calendar days. In the absence of any modi^ing 
action by a concurrent resolution of the Congress within the ninety 
days, such projects will be deemed to have congressional approval." 
Approvea August 14, 1959.