10 U.S.C. § 7216 — Leader of Army Band: appointment

Page 3008 TITLE 10—ARMED FORCES § 7216 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3534(a) ..... 3534(b) ..... 10:189 (less 1st sentence). 10:190. June 11, 1878, ch. 180, § 2 (48th through 56th words of 1st sentence, and 2d sentence), 20 Stat. 103. June 11, 1878, ch. 180, § 5 (last sentence); re- stated Aug. 7, 1894, ch. 232 (proviso under ‘‘For Engineer’s Office’’), 28 Stat. 246. Mar. 3, 1881, ch. 134 (words after last semi- colon of 1st par. under ‘‘General Expenses’’), 21 Stat. 460. Dec. 24, 1890, J. Res. 7 (last sentence), 26 Stat. 1113. In subsection (a), the words ‘‘whose grade is above first lieutenant’’ are substituted for the words ‘‘from among the captains or officers of higher grade’’. The words ‘‘in the discretion of’’ and ‘‘from time to time, from the Corps of Engineers, by the President, for this duty’’ are omitted as surplusage. 10:189 (last sentence) is omitted as obsolete. In subsections (a) and (b), the words ‘‘assigned to’’ are substituted for the word ‘‘of’’, since, under section 3063 of this title, officers are assigned to, rather than commissioned in, the Corps of Engineers. In subsection (b), the words ‘‘assist that officer’’ are substituted for the words ‘‘act as assistants to said en- gineer commissioner’’. The words ‘‘his duties’’ are sub- stituted for the words ‘‘the special duties imposed upon him’’. Editorial Notes PRIOR PROVISIONS A prior section 7214 was renumbered section 8614 of this title. A prior section 7215, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, authorized Secretary of the Navy to maintain and operate naval prisons and prison farms and to pro- vide for subsistence, welfare, recreation, and education of naval prisoners, prior to repeal by Pub. L. 90–377, § 6(2), July 5, 1968, 82 Stat. 288. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3534 of this title as this section. 1980—Pub. L. 96–513 substituted ‘‘Mayor’’ for ‘‘Com- missioner’’ in section catchline and text. 1968—Pub. L. 90–623 substituted ‘‘Corps of Engineers: detail of officers to assist Commissioner of District of Columbia’’ for ‘‘Engineer Commissioner of the District of Columbia; assistants: detail’’ as section catchline and struck out provisions for the appointment of an Engineer Commissioner of the District of Columbia. 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 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. § 7216. Leader of Army Band: appointment (a) The Secretary of the Army may appoint the leader of the Army band from the warrant officers of the Regular Army. The leader serves during the pleasure of the Secretary and may be returned to his former status in the discretion of the Secretary. [(b) Repealed. Pub. L. 87–649, § 14c(5), Sept. 7, 1962, 76 Stat. 501.] (c) Upon retirement, the leader of the Army band has the grade of warrant officer, with the retired pay to which he would have been entitled had he not been appointed leader. (Aug. 10, 1956, ch. 1041, 70A Stat. 201, § 3536; Pub. L. 87–649, § 14c(5), Sept. 7, 1962, 76 Stat. 501; re- numbered § 7216, Pub. L. 115–232, div. A, title VIII, § 808(b)(6), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3536(a) ..... 10:11 (1st sentence, less last 85 words; and 2d sentence). Mar. 3, 1925, ch. 412, 43 Stat. 1100. 3536(b) ..... 10:11 (last 85 words of 1st sentence). 3536(c) ..... 10:11 (less 1st and 2d sen- tences). In subsection (a), the word ‘‘may’’ is substituted for the words ‘‘is authorized’’. The first nine words of the second sentence are substituted for 10:11 (1st 15 words of 2d sentence). In subsection (b), the word ‘‘basic’’ is substituted for the word ‘‘base’’ to conform to the Career Compensa- tion Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words ‘‘pay and allowances of a captain, and is entitled to be credited for pay purposes with all service which may be credited under section 233 of title 37’’ are sub- stituted for 10:11 (last 64 words of 1st sentence). The words ‘‘in lieu of any and all pay and allowances as a warrant officer’’ are omitted as surplusage. In subsection (c), 10:11 (1st proviso of last sentence) is omitted as executed. 10:11 (last proviso of last sentence) and the words ‘‘and received the pay and allowances of’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 7216 was renumbered section 8616 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3536 of this title as this section. 1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which related to the basic pay and allowances of the leader of the Army band, and is now covered by sec- tions 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 1962 AMENDMENT Amendment by Pub. L. 87–649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Page 3009 TITLE 10—ARMED FORCES § 7218 Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. § 7217. Duties: chaplains; assistance required of commanding officers (a) Each chaplain shall, when practicable, hold appropriate religious services at least once on each Sunday for the command to which he is as- signed, and shall perform appropriate religious burial services for members of the Army who die while in that command. (b) Each commanding officer shall furnish fa- cilities, including necessary transportation, to any chaplain assigned to his command, to assist the chaplain in performing his duties. (Aug. 10, 1956, ch. 1041, 70A Stat. 203, § 3547; re- numbered § 7217, Pub. L. 115–232, div. A, title VIII, § 808(b)(6), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3547(a) ..... 10:238. R.S. 1125. 3547(b) ..... 10:239. R.S. 1127. [Uncodified: Feb. 2, 1901, ch. 192, § 12 (last sen- tence), 31 Stat. 750]. Feb. 2, 1901, ch. 192, § 12 (last sentence), 31 Stat. 750. In subsection (a), the words ‘‘members of the Army’’ are substituted for the words ‘‘officers and soldiers’’. In subsection (b), the words ‘‘regiments, hospitals, and posts’’, in 10:239, are omitted, since at the time of the enactment of section 1127 of the Revised Statutes, chaplains were authorized only for regiments, hos- pitals, and posts. The revised section preserves the broad coverage of the original statute. The words ‘‘Each commanding officer shall’’ are substituted for the words ‘‘It shall be the duty of commanders’’, in 10:239. The word ‘‘furnish’’ is substituted for the words ‘‘to afford’’, in 10:239. The words ‘‘including necessary transportation’’ are substituted for the last sentence of section 12 of the Act of February 2, 1901, ch. 192, 31 Stat. 750. The words ‘‘his command’’ are substituted for the words ‘‘the same’’, in 10:239. The words ‘‘to assist’’ are substituted for the words ‘‘as may aid them’’, in 10:239. Editorial Notes PRIOR PROVISIONS A prior section 7217, act Aug. 10, 1956, ch. 1041, 70A Stat. 445, related to reports to Congress concerning ap- propriations for Department of the Navy, prior to re- peal by Pub. L. 101–510, div. A, title XIII, § 1322(a)(15), Nov. 5, 1990, 104 Stat. 1672. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3547 of this title as this section. 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. § 7218. Duties: warrant officers; limitations Under regulations prescribed by the President, a warrant officer may be assigned to perform du- ties that necessarily include those normally per- formed by a commissioned officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 203, § 3548; re- numbered § 7218, Pub. L. 115–232, div. A, title VIII, § 808(b)(6), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3548 ......... 10:593 (1st sentence). Aug. 21, 1941, ch. 384, § 4 (1st sentence), 55 Stat. 653. 10:593 (1st sentence, less provisos) is omitted as super- seded by section 3012(e) of this title. 10:593 (last proviso) is omitted as covered by section 936(a)(4) of this title (article 136(a)(4) of the Uniform Code of Military Jus- tice). The words ‘‘may be assigned’’ are substituted for the words ‘‘shall be vested with power to’’. Editorial Notes PRIOR PROVISIONS A prior section 7218, act Aug. 10, 1956, ch. 1041, 70A Stat. 445; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314, authorized Secretary of Navy to give special rec- ognition to members of naval service for excellence, special service and good conduct in naval service, prior to repeal by Pub. L. 89–529, § 1(3), Aug. 11, 1966, 80 Stat. 339; Pub. L. 97–295, § 1(46), Oct. 12, 1982, 96 Stat. 1298. Prior sections 7219 to 7221 were renumbered sections 8619 to 8621 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3548 of this title as this section. 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. CHAPTER 725—RANK AND COMMAND Sec. 7222. Rank: commissioned officers serving under temporary appointments. 7225. Rank: warrant officers. 7229. Command: commissioned officers of Army Medical Department. 7231. Command: chaplains. 7233. Requirement of exemplary conduct. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 345 of this title as this chapter and items 3572, 3575, 3579, 3581, and 3583 as 7222, 7225, 7229, 7231, and 7233, re- spectively. 1997—Pub. L. 105–85, div. A, title V, § 507(a)(2), Nov. 18, 1997, 111 Stat. 1727, added item 3583. 1980—Pub. L. 96–513, title V, § 502(14), Dec. 12, 1980, 94 Stat. 2910, struck out items 3571 ‘‘Rank: commissioned officers on active duty’’, 3573 ‘‘Rank: commissioned of- ficers in regular grades of brigadier general and major general; seniority list’’, 3574 ‘‘Rank; commissioned offi- cers in regular grades below brigadier general’’, and 3582 ‘‘Command: retired officers’’. 1978—Pub. L. 95–485, title VIII, § 820(f), Oct. 20, 1978, 92 Stat. 1627, struck out item 3580 ‘‘Command: commis- sioned officers of Women’s Army Corps’’. 1968—Pub. L. 90–329, June 4, 1968, 82 Stat. 170, sub- stituted ‘‘Army Medical Department’’ for ‘‘Army Med- ical Service’’ in item 3579. Pub. L. 90–235, § 5(a)(3), Jan. 2, 1968, 81 Stat. 761, struck out item 3576 ‘‘Command: when different com- mands of Army and Marine Corps join’’, and item 3578