CHAPTER 835—BANDS
8286.
United States Navy Band; officer in charge.
8287.
United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members.
Editorial Notes
Prior Provisions
A prior chapter 835, consisting of sections 8281 to 8314, related to appointments in the regular Air Force, prior to renumbering as chapter 915 of this title.
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 565 of this title as this chapter and items 6221 and 6222 as 8286 and 8287, respectively.
2008—Pub. L. 110–181, div. A, title V, §590(b)(2)(B), Jan. 28, 2008, 122 Stat. 138, struck out item 6223 "Competition with civilian musicians prohibited".
2006—Pub. L. 109–364, div. A, title V, §599(b), Oct. 17, 2006, 120 Stat. 2239, substituted "United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members" for "United States Marine Band: composition; director; assistant director" in item 6222.
2001—Pub. L. 107–107, div. A, title V, §510(b), Dec. 28, 2001, 115 Stat. 1091, inserted "; officer in charge" after "Navy Band" in item 6221.
1980—Pub. L. 96–513, title V, §513(15), Dec. 12, 1980, 94 Stat. 2932, struck out "; leader's pay and allowances" after "Band" in item 6221, and struck out item 6224 "United States Navy Band; United States Marine Corps Band; concert tours".
1958—Pub. L. 85–861, §1(141), Sept. 2, 1958, 72 Stat. 1509, substituted "United States Marine Band" for "United States Marine Corps Band", and "director; assistant director" for "Pay and allowances of leader and second leader" in item 6222.
§8286. United States Navy Band; officer in charge
(a) There is a Navy band known as the United States Navy Band.
(b)(1) An officer of the Navy designated for limited duty under section 8139 or 8146 of this title who is serving in a grade above lieutenant may be detailed by the Secretary of the Navy as Officer in Charge of the United States Navy Band.
(2) While serving as Officer in Charge of the United States Navy Band, an officer shall hold the grade of captain if appointed to that grade by the President, by and with the advice and consent of the Senate. Such an appointment may be made notwithstanding section 8146(d) of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 388, §6221; Pub. L. 87–649, §14c(44), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96–513, title V, §513(16), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 107–107, div. A, title V, §510(a), Dec. 28, 2001, 115 Stat. 1091; renumbered §8286 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(12), 809(a), Aug. 13, 2018, 132 Stat. 1835, 1840.)
Subsection (a) is set forth to preserve the legal authority for the title of the band, but the first 30 words of the Act of March 4, 1925, ch. 536, §17, 43 Stat. 1275, are omitted as executed. To conform to the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.), the word "basic" is inserted before "pay" in subsection (b) and the words "and is entitled to be credited for pay purposes with all service which may be credited under section 202 of the Career Compensation Act of 1949 (37 U.S.C. 233)" are substituted for the words "Provided, That all service as an enlisted man in the naval service shall be counted in computing longevity increases for pay of this leader".
The second proviso is omitted as executed.
Editorial Notes
Prior Provisions
A prior section 8286, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug. 21, 1957, Pub. L. 85–155, title III, §301(5), 71 Stat. 386; Sept. 2, 1958, Pub. L. 85–861, §1(168), 72 Stat. 1517, prescribed age limitations for original appointment in a commissioned grade in Regular Air Force, except designation as a medical or dental officer or as an Air Force nurse or medical specialist, prior to repeal by Pub. L. 96–513, title II, §204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 532 of this title.
Amendments
2018—Pub. L. 115–232, §807(b)(12), renumbered section 6221 of this title as this section.
Subsec. (b)(1). Pub. L. 115–232, §809(a), substituted "section 8139 or 8146" for "section 5589 or 5596".
Subsec. (b)(2). Pub. L. 115–232, §809(a), substituted "section 8146(d)" for "section 5596(d)".
2001—Pub. L. 107–107 amended section catchline and text generally. Prior to amendment, text read as follows: "There is a Navy band known as the United States Navy Band."
1980—Pub. L. 96–513 in section catchline struck out "; leader's pay and allowances" after "Band", and in text struck out designation "(a)".
1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which related to the pay and allowances of the leader of the United States Navy Band. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
§8287. United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members
(a) United States Marine Band.—The band of the Marine Corps shall be composed of one director, two assistant directors, and other personnel in such numbers and grades as the Secretary of the Navy determines to be necessary.
(b) United States Marine Drum and Bugle Corps.—The drum and bugle corps of the Marine Corps shall be composed of one commanding officer and other personnel in such numbers and grades as the Secretary of the Navy determines to be necessary.
(c) Appointment and Promotion.—(1) The Secretary of the Navy shall prescribe regulations for the appointment and promotion of members of the Marine Band and members of the Marine Drum and Bugle Corps.
(2) The President may from time to time appoint members of the Marine Band and members of the Marine Drum and Bugle Corps to grades not above the grade of captain. The authority of the President to make appointments under this paragraph may be delegated only to the Secretary of Defense.
(3) The President, by and with the advice and consent of the Senate, may from time to time appoint any member of the Marine Band or of the Marine Drum and Bugle Corps to a grade above the grade of captain.
(d) Retirement.—Unless otherwise entitled to higher retired grade and retired pay, a member of the Marine Band or Marine Drum and Bugle Corps who holds, or has held, an appointment under this section is entitled, when retired, to be retired in, and with retired pay based on, the highest grade held under this section in which the Secretary of the Navy determines that such member served satisfactorily.
(e) Revocation of Appointment.—The Secretary of the Navy may revoke any appointment of a member of the Marine Band or Marine Drum and Bugle Corps. When a member's appointment to a commissioned grade terminates under this subsection, such member is entitled, at the option of such member—
(1) to be discharged from the Marine Corps; or
(2) to revert to the grade and status such member held at the time of appointment under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 388, §6222; Pub. L. 85–861, §1(140), Sept. 2, 1958, 72 Stat. 1508; Pub. L. 87–649, §14c(45), Sept. 7, 1962, 76 Stat. 501; Pub. L. 91–197, Feb. 24, 1970, 84 Stat. 15; Pub. L. 96–513, title V, §513(18), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–364, div. A, title V, §599(a), Oct. 17, 2006, 120 Stat. 2238; renumbered §8287, Pub. L. 115–232, div. A, title VIII, §807(b)(12), Aug. 13, 2018, 132 Stat. 1835.)
Historical and Revision Notes
1956 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6222 |
34 U.S.C. 701 (less proviso). |
Mar. 4, 1925, ch. 536, §11 (less proviso), 43 Stat. 1274; June 29, 1946, ch. 523, §1(c), 60 Stat. 343; Oct. 12, 1949, ch. 681, §517(a), 63 Stat. 833. |
In subsection (b) the second sentence is substituted for the two references to the Career Compensation Act of 1949 and for the words "and with the same number of cumulative years of service".
1958 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6222(a) 6222(b) |
34 App.:701. 34 App.:701–1(a). |
July 24, 1956, ch. 686, 70 Stat. 628. |
| 6222(c) |
34 App.:701–1(b). |
|
| 6222(d) |
34 App.:701–2. |
|
| 6222(e) |
34 App.:701–3. |
|
| 6222(f) |
34 App.:701–4. |
|
| 6222(g) |
34 App.:701–5. |
|
In subsection (a), the words "and appropriate" are omitted as covered by the word "necessary". The words "and ranks" are omitted as covered by the word "grades". The second sentence of 34 App.:701 is omitted as covered by section 6224 of this title.
In subsection (b), the words "United States" and "or the United States Marine Corps Reserve" are omitted as unnecessary in view of the definition of "Marine Corps" in section 5001(a)(2) of this title. The words "as authorized by sections 701 to 701–5 of this title" are omitted as surplusage.
In subsection (e), the words "from the United States . . . as provided by law" are omitted as surplusage.
In subsection (f), the words "a member who holds, or has held" are substituted for the words "Directors and assistant directors of the Marine Band and former directors and assistant directors who have held".
Editorial Notes
Prior Provisions
Prior sections 8287 to 8289 were repealed by Pub. L. 96–513, title II, §204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981.
Section 8287, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug. 21, 1957, Pub. L. 85–155, title III, §301(6), 71 Stat. 386; Sept. 2, 1958, Pub. L. 85–861, §1(169), 72 Stat. 1517; Sept. 30, 1966, Pub. L. 89–609, §1(28), 80 Stat. 854, provided service credit for a person originally appointed in a commissioned grade in Regular Air Force, other than a person appointed as a medical or dental officer, for purpose of determining grade, position on a promotion list, seniority in his grade in Regular Air Force, and eligibility for promotion, with appointment and service credit restrictions on persons who were cadets at the United States Air Force, Military, or Naval Academies but were not graduated, and a disallowance of service credit under this section for persons who graduated from one of these Academies. See section 533 of this title.
Section 8288, acts Aug. 10, 1956, ch. 1041, 70A Stat. 508; Aug. 2, 1957, Pub. L. 85–155, title III, §301(7), 71 Stat. 387; Sept. 2, 1958, Pub. L. 85–861, §1(170), 72 Stat. 1518, provided for determination of grade of a person originally appointed as a commissioned officer in Regular Air Force, other than persons appointed as medical or dental officers. See section 533 of this title.
Section 8289, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, provided that no person be originally appointed as a first lieutenant in Regular Air Force with a view to designation as a medical officer until he passes an examination of his professional fitness before an examining board composed of at least three medical officers designated by Secretary of Air Force. See section 532 of this title.
Amendments
2018—Pub. L. 115–232 renumbered section 6222 of this title as this section.
2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to composition of the United States Marine Band, designation of its director and assistant directors, grades upon initial appointment, promotion, retirement, and revocation of appointments.
1980—Subsecs. (e) to (g). Pub. L. 96–513 redesignated subsecs. (f) and (g) as (e) and (f), respectively.
1970—Subsec. (d). Pub. L. 91–197 struck out provision that the grade of the director be no higher than lieutenant colonel and that the grades of the assistant directors be no higher than captain.
1962—Subsec. (e). Pub. L. 87–649 repealed subsec. (e) which related to pay and allowances of members who accepted a commission under this section. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.
1958—Pub. L. 85–861 substituted "United States Marine Band" for "United States Marine Corps Band", and "director; assistant director" for "pay and allowances of leader and second leader" in section catchline.
Subsec. (a). Pub. L. 85–861 authorized one director and two assistant directors instead of one leader and one second leader.
Subsec. (b). Pub. L. 85–861 substituted provisions relating to designation of director and assistant directors for provisions which prescribed the pay and allowances of the leader and second leader.
Subsecs. (c) to (g). Pub. L. 85–861 added subsecs. (c) to (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Executive Documents
Delegation of Functions
Functions of President under subsec. (c)(2) delegated to Secretary of Defense, without authority for Secretary to redelegate, see Ex. Ord. No. 13598, §§1(c), 2, Jan. 27, 2012, 77 F.R. 5371, set out as a note under section 301 of Title 3, The President.