An Act to reassign officers designated for supply duty as officers not restricted in the performance of duty in the Marine Corps
PL 87-123 (H.R.4328), enacted 08/03/1961

75 
S T A T . ] 
PUBLIC LAW 87-123-AUG. 3, 1961 
263 
® 
CIVIL WAR CENTENNIAL 
COMMISSION 
For expenses necessary tx) carry out the provisions of the Act of 
September 7, 1957 (71 Stat. 626), as amended (72 Stat. 1769), 
36 use 749. 
$100,000. 
TITLE III—VIRGIN ISLANDS CORPORATION 
CONTRIBUTIONS 
For payment to the Virgin Islands Corporation in the form of 
grants, as authorized by law, $669,000, to be derived by transfer from 
the internal revenue collections appropriated for the virgin Islands. 
REVOLVING FUND 
For an additional amount for the revolving fund established under 
this head in the Supplemental Appropriation Act, 1950, for advances 
to the Virgin Islands Corporation, as authorized by law (63 Stat. 
350; 72 Stat. 1760), $881,000. 
LIMITATION ON ADMINISTRATIVE EXPENSES, VIRGIN 
ISLANDS 
CORPORATION 
During the current fiscal year the Virgin Islands Corporation is 
hereby authorized to make such expenditures, within the limits of 
funds available to it and in accord with law, and to make such con-
tracts and commitments without regard to fiscal-year limitations as 
provided by section 104 of the Grovernment Corporation Control Act, 
as amended, as may be necessary in carrying out its programs as set 
forth in the budget for the current fiscal year: Provided^ That not 
to exceed $180,000 shall be available for administrative expenses (to 
be computed on an accrual basis) of the Corporation, covering the 
categories set forth in the 1962 budget estimates for such expenses. 
This Act may be cited as the "Department of the Interior and Re-
lated Agencies Appropriation Act, 1962." 
Approved August 3, 1961. 
63 Stat. 875. 
48 u s e 
1 4 0 7 
note. 
61 Stat. 584. 
31 u s e 849. 
Short title. 
Public Law 87-123 
AN ACT 
To reassign officers designated for supply duty as officers not restricted in the 
performance of duty in the Marine Corps. 
August 3. 1961 
[H. R. 4328] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That officers on the CO'^JS.^ 
active list of the Marine Corps designated for supply duty, except ^^f^^^''^ 
the officer serving as Quartermaster General on the date of enactment ment.' 
of this Act, are hereby reassigned as officers not restricted in the per-
formance of duty. 
All provisions of law relating to officers on the 
active list of the Marine Corps not restricted in the performance of 
duty apply to officers reassigned by this Act, except as otherwise spe-
cifically provided herein. 
SEC. 2. The numbers of officers authorized to serve in grades above 
captain in the Marine Corps as set forth in the table in subsection (a) 
of section 5443 of title 10, United States Code, are readjusted to the 
extent necessary to include the numbers of officers authorized for those 
grades by subsections (g) and (h) of that section as those subsections 
read before the enactment of this Act. 
M a r i n e 
duty of-
'e as sign-
Readjustment of 
numbers. 
70A Stat. 302. 
264 
PUBLIC LAW 87-123-AUG. 3, 1961 
[76 ST A T . 
•• Promotion provi-
sions. 
70A Stat. 348. 
•'I^igibl e 
offi-
Quartermaster 
Gsneral. 
Savings p r o v i -
sions. 
70 A Stat. 
292, 
293. 
70 A Stat. 
302, 
309. 
70A Stat. 275. 
Repeal. 
SEC. 3. (a) Each officer serving in the grade of brigadier general or 
colonel who is reassigned as an officer not restricted in the performance 
of duty by this Act, and who is senior to the senior officer in the first 
promotion zone established for his grade after the enactment of this 
Act, shall be considered for all purposes to be in that promotion zone. 
(b) Within the number of officers not restricted in the performance 
of duty that may be recommended for promotion to a grade below 
brigadier general, as determined under section 5756 of title 10, United 
States Code, the Secretary of the Navy shall allocate a portion there-
of for officers on the active list of the Marine Corps who were former-
ly designated for supply duty and who were reassigned as officers 
not restricted in the performance of duty by this Act. 
The portion 
allocated shall afford at least the same opportunity for promotion 
to such officers as is afforded other officers not restricted in the per-
formance of duty. 
These provisions apply only when there is an 
eligible officer in the promotion zone. For the purpose of the above 
E
rovisions, "eligible officer" means an officer who is serving in a grade 
elow colonel, who has been reassigned as an officer not restricted in 
the performance of duty by this Act, and who has not previously been 
in a promotion zone established for any grade after the enactment of 
this Act. 
Reassigned officers in a zone of consideration established 
for the grade of major shall also be allocated a portion of the number 
of officers who may be recommended for promotion from within that 
zone, so as to aflford them at least the same promotion opportunity as 
is afforded other officers not restricted in the performance of duty. 
SEC. 4. This Act does not terminate or reduce the four-year term 
of the officer who is serving as Quartermaster General of the Marine 
Corps on the date of enactment of this Act or deprive him of the rank-
pay, allowances, or retirement privileges to which he became entitled 
under sections 5204 and 5205 of title 10, United States Code. How-
ever, he shall be counted as a major general for the purposes of sec-
tions 5443 and 5448 of that title, as amended by this Act. His date of 
rank as a major general is July 1, 1954. When he ceases to serve as 
Quartermaster General, he shall be reassigned as an officer not re-
stricted in the performance of duty and he may be reappointed by 
the President alone to the permanent grade of major general to rank 
from July 1,1954. 
SEC. 5. Subtitle C of title 10, United States Code, is amended as 
follows: 
(1) Section 5001(a)(8) is amended by striking out the words 
"supply duty or". 
(2) Section 5204 is amended to read as follows: 
*'§ 5204. Quartermaster General: detail 
"The Quartermaster General of the Marine Corps shall be detailed 
by the Commandant from officers of the Marine Corps on active duty." 
(3) Section 5205 is l:«pealed. 
(4) The analysis of chapter 515 is amended by striking out the 
following items: 
"5204. Quartermaster General: appointment; term, pay and allowances. 
"5205. Heads of Staflf Departments: retirement." 
and inserting the following item in place thereof: 
"5204. Quartermaster General: detail." 
(5) Section 5409(c) is amended by striking out the words ", exclud-
ing officers designated for supply duty," 
76 STAT.] 
PUBLIC L
A
W 87-123-AUG. 3, 1961 
266 
{6) Section 5443 is amended— 
(A) by striking out the words ", excluding officers carried as 
additional numbers in grade," wherever they occur in subsections 
(a), (b), (c), ajid (f) ; and 
(B) by striking out subsections (g) and (h) and redesignating 
subsections (i) and (j) as subsections "(g) and "(h)". 
(7) Section 5448 is amended— 
(A) by striking out the words ", excluding officers carried as 
additional numbers in grade," wherever they occur in subsections 
(a), (b), and (c); and 
(B) by substituting the number "36" for the number "32"' in 
the last sentence of subsection (a); and 
(C) by striking out subsections (f) and (g) and redesignating 
subsections (h) and (i) as subsections " (f)" and " (g)". 
(8) Section 5588 is repealed. 
Repe^. 
(9) The analysis of chapter 539 is amended by striking out the fol-
lowing item: 
"5588, Regular Marine Corps: officers designated for supply duty," 
(10) Section 5589(e) (3) is amended by striking out the words "be 
designated for supply duty or". 
(11) Section 5703 is amended— 
(A) by striking out clause (1) in subsection (a) and renumber-
ing clauses (2), (3), (4), and (5) as clauses "(1)", "(2)", "(3)", 
and "(4)", and 
(B) by striking out subsection (d) and redesignating subsec-
tions (e) and (f) as subsections " (d)" and "(e)". 
(12) Section 5706 is amended— 
(A) by striking out the words ", the number of officers of the 
Marine Corps designated for supply duty," in clause (3); 
(B) by striking out clause (8) and renumbering clauses (9), 
(10), (11), and (12) as clauses "(8)", "(9)", "(10)" and "(11)"; 
and 
(C) by striking out the words "or colonels in the Marine Corps" 
in clause (9) as so renumbered. 
(13) Section 5707 is amended— 
(A) by striking out the words "supply duty or" in subsection 
(d); and 
(B) by inserting the words "supply duty," before the words 
"or duty in any technical specialty^'jn subsection (f). 
(14) Section 5709 is amended— 
70Ast.t. 344. 
(A) by amending the catchline to read as follows; "§5709. 
Navy and Marine Corps: retention of rear admirals and major 
generals on the active list"; and 
,(B) by striking out subsection (c) and redesignating subsec-
tion (d) as subsection "(c)". 
(15) The analysis of chapter 543 is amended by striking out the 
following item: 
"5709, Navy and Marine Corps: retention of rear admirals, major generals, and 
brigadier generals on the active list." 
and inserting the following item in place thereof. 
".'5709. Navy and Marine Corps:-retention of rear admirals and major generals 
on the active list." 
64207 0-62—20 
266 
PUBLIC LAW 87-123-AUG. 3, 1961 
[75 STAT. 
(16) Section 5751(a) is amended by striking out the words "not 
restricted in the performance of duty". 
R«p*ai« 
(17) Section 5759 is repealed. 
(18) The analysis of chapter 545 is amended by striking out the fol-
lowing item: 
"5759. Regular Marine Corps; male officers designated for supply duty : numbers 
that may be recommended." 
(19) Section 5765 is amended— 
(A) by striking out the words "not restricted in the perform-
ance of duty" in subsection ( a ) ; and 
(B) by striking out subsection (c) and redesignating subsection 
(d) as subsection "(c)". 
(20) Section 5769(b) is amended— 
(A) by striking out clauses (4) and (6) and renumbering clause 
(5) as clause "(4)"; and 
(B) by striking out the following words in the last sentence: 
"; and an officer in the grade of captain in the Marine Corps 
designated for supply duty is not eligible for promotion to the 
grade of major until there is a vacancy for him among officers of 
his designation in the combined grades of colonel, lieutenant 
colonel, and major". 
(21) Section 5775 is amended— 
(A) by striking out clauses (7) and (8) in subsection (a) and 
renumbering clauses (9), (10), and (11) as clauses "(7)", "(8)", 
and "(9)"; and 
(B) by striking out the words "and each male officer of the 
Marine Corps designated for supply duty" in subsection (b). 
(22) Section 5776 (b) is amended— 
(A) by striking out the words ", or a male officer of the Marine 
Corps restricted in the performance of duty serving in the grade 
of colonel," in the first sentence; and 
(B) by striking out the words "or brigadier general" in the 
second sentence. 
R«p««i- 
(23) Section 6020 is repealed. 
(24) The analysis of chapter 555 is amended by striking out the 
following item: 
"6020. Marine Corps officers: detail to duty in Supply Department." 
(25) Section 6374 is amended by striking out the words "not re-
stricted in performance of duty" in the catchline and the words "not 
restricted in the performance of duty" in the text. 
Repeal' 
(26) Section 6375 is repealed. 
(27) Section 6376 is amended by striking out the words "not re-
stricted in performance of duty" after the word "colonels" in the 
catchline and the words "not restricted in the performance of duty" in 
the first sentence of the text before the words "serving in the grade of 
colonel". 
70A Stat. 402. 
(28) Sectiou 6377 is amended— 
(A) by striking out the words "; Regular Marine Corps, 
colonels designated for supply duty" in the catchline; 
(B) by striking out the words "and each officer designated for 
supply duty serving in the grade of colonel on the active list of 
the Marine Corps" in subsection (a); and 
(C) by striking out, in subsection (e), the words "or colonel 
in the Marine Corps" in the first and second sentences and the 
words "or colonel" in the second sentence. 
75 S T A T . ] 
PUBLIC LAW 87-124-AUG. 3, 1961 
267 
(29) Section 6378 is amended— 
(A) by striking out the words "; Kegular Marine Corps, 
colonels designated for supply duty" in the catchline; 
(B) by inserting the word "and" after the words "in any staff 
corps," in the first sentence of subsection (a) and by striking out 
the words ", and each officer designated for supply duty serving 
in the grade of colonel on the active list of the Marine Ck)rps" in 
that sentence; 
(C) by striking out the word ", colonel," in the last sentence 
of subsection (a) ; and 
(D) by striking out clause (8) in subsection (b). 
(30) The analysis of chapter 573 is amended by striking out the 
70A stat. 399. 
following items: 
"6374. Regular Marine Corps; brigadier generals not restricted in performance 
of duty : retirement for failures of selection for promotion. 
"6375. Regular Marine Corps; brigadier generals designated for supply duty: 
retention on active list; retirement. 
"6376. Regular Navy, line captains not restricted in performance of duty; 
Regular Marine Corps, colonels not restricted in performance of duty: 
retirement for length of service. 
"6377. Regular Navy, line captains restricted in performance of duty, staff corps 
captains, and Nurse Corps commanders; Regular Marine Corps, 
colonels designated for supply duty: retirement for length of service 
or for age. 
"6378. Regular Navy, line captains restricted in i)erformance of duty, stafE 
corps captains, and Nurse Corjjs commanders; Regular Marine Corps, 
colonels designated for supply duty: continuation on active list; 
retirement." 
and inserting the following items in place thereof: 
"6374. Regular Marine Corps; brigadier generals: retirement for failures of 
selection for promotion. 
"6376. Regular Navy, line captains not restricted in performance of duty; 
Regular Marine Corps, colonels: retirement for length of service. 
"6377. Regular Navy, line captains restricted in performance of duty, staff 
corps captains, and Nurse Corps commanders: retirement for length 
of service or for age. 
"6378. Regular Navy, line captains restricted in performance of duty, staff 
corps captains, and Nurse Corps commanders: continuation on active 
list; retirement." 
Approved August 3, 1961. 
Public Law 87-124 
AN ACT 
August 3, 1961 
To authorize and direct the Secretary of Agriculture to convey certain lands in 
[H. R. 2250] 
Lassen County, California, to the city of Susanville, California. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary c^if/ ^ "''*" *• 
of Agriculture is authorized and directed to convey by quitclaim deed, 
conveyance, 
without consideration, to the city of Susanville, California, all the 
right, title, and interest of the United States in and to the following 
lands which were previously donated to the United States by C. D. 
Mathews and Ethel M. Mathews, his wife, by deed dated December 6, 
1939, and recorded in book 38 of deeds, at page 218, in the records of 
Lassen County, California: 
All those certain lots, pieces and parcels of land situate, lying, and 
being in the county of Lassen, State of California, and particularly 
described as follows, to wit: 
PARCEL 1. Commencing at the corner common to sections 29, 30, 
31 and 32, in township 30 north, range 12 east, of the Mount Diablo 
base and meridian; thence north 89 degrees 22 minutes east along 
the section line 497.37 feet; thence south 16 degrees 50 minutes west