10 U.S.C. § 8283 — Emergency medical treatment: reimburse-

Page 3213 TITLE 10—ARMED FORCES § 8283 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6201(a), (b). 24 U.S.C. 31. Jan. 19, 1929, ch. 85, 45 Stat. 1090. 6201(c) ..... 34 U.S.C. 854f. June 25, 1938, ch. 690, § 207, 52 Stat. 1180. 34 U.S.C. 854 (note). July 9, 1952, ch. 608, § 803 (3d sentence), 66 Stat. 505. In subsection (a) the words ‘‘members of the naval service’’ are substituted for the words ‘‘naval patients on the active or retired list and members of the Naval Reserve or Marine Corps Reserve’’. The definition of ‘‘member of the naval service’’ makes the terms coex- tensive. Reference to St. Elizabeths Hospital is omitted in view of Reorganization Plan No. 3 of 1946, § 201, 60 Stat. 1098, which transferred the functions of that hos- pital pertaining to members of the naval service to the Secretary of the Navy. For the purposes of this section, St. Elizabeths is now in the same category as other United States hospitals. In subsection (b) reference to R.S. 4813 (24 U.S.C. 6) is omitted because the Administrator of Veterans’ Affairs held in Decision Number 571 (July 27, 1944) that R.S. 4813 was repealed by implication. Since this decision is binding on the Secretary of the Navy (see 38 U.S.C. 11a–2), the deductions from pension accounts author- ized by R.S. 4813 may not be made. In subsection (c) the words ‘‘each retired enlisted member of the naval service’’ are substituted for the words ‘‘retired enlisted men’’ and the words ‘‘is entitled to’’ are substituted for the words ‘‘shall receive’’ to conform to terminology used throughout this title. The words ‘‘equal in value to the hospital ration’’ are sub- stituted for the words ‘‘prescribed by law for enlisted men of the Regular Navy’’ to show that the amount of the allowance is the value of the hospital ration. The words ‘‘for each day’’ are inserted to make it clear that the ration allowance is credited on a daily basis. The words ‘‘under this section’’ are substituted for the words ‘‘in a Federal hospital in accordance with law’’ because this section is the only authority for the hos- pitalization of members of the Fleet Reserve and Fleet Marine Corps Reserve and retired enlisted members of the naval service in Federal hospitals, other than naval hospitals, under conditions entitling the members to a ration allowance. The subsistence of a member of the Fleet Reserve or Fleet Marine Corps Reserve or a re- tired enlisted member of the naval service while hos- pitalized in naval hospitals is covered by § 6086 of this title. Editorial Notes PRIOR PROVISIONS A prior section 8281 was renumbered section 9151 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6201 of this title as this section. 1980—Subsec. (b). Pub. L. 96–513 substituted ‘‘section 4812 of the Revised Statutes (24 U.S.C. 16)’’ for ‘‘section 16 of title 24’’. 1958—Subsec. (c). Pub. L. 85–861 repealed subsec. (c) which related to a ration allowance for members of the Fleet Reserve of the Fleet Marine Corps Reserve and retired enlisted members of the naval service. 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. § 8282. Insane members of the naval service A member of the naval service who becomes insane may be placed in the hospital for the in- sane that, in the opinion of the Secretary of the Navy, is most convenient and will provide the most beneficial treatment. (Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6202; re- numbered § 8282, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6202 ......... 34 U.S.C. 595. R.S. 1551; July 1, 1916, ch. 209, § 1, 39 Stat. 309. The words ‘‘that * * * will provide the most bene- ficial treatment’’ are substituted for the words ‘‘best calculated to promise a restoration of reason’’ for clar- ity. The second sentence of 34 U.S.C. 595 is omitted as superseded. It provided a method by which the Sec- retary of the Navy, in his discretion, could compensate other agencies for expenses involved in hospitalizing insane naval patients. Other provisions of law, prin- cipally 24 U.S.C. 31, 31 U.S.C. 686, and 37 U.S.C. 284, and regulations, principally Executive Order 10122, of April 14, 1950, establish the method currently used. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6202 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. § 8283. Emergency medical treatment: reimburse- ment for expense The Secretary of the Navy shall prescribe reg- ulations for reimbursing members of the naval service for expenses of emergency or necessary medical service, including hospitalization and medicines, when the member was in a duty sta- tus at the time he received the service and the service was not available from a Federal source. For the purpose of this section, a member on leave or liberty is in a duty status. (Aug. 10, 1956, ch. 1041, 70A Stat. 387, § 6203; re- numbered § 8283, Pub. L. 115–232, div. A, title VIII, § 807(b)(11), Aug. 13, 2018, 132 Stat. 1835.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6203 ......... 34 U.S.C. 921a. May 4, 1948, ch. 254, § 2, 62 Stat. 208. 34 U.S.C. 921b. May 4, 1948, ch. 254, § 3, 62 Stat. 208. The word ‘‘shall’’ is substituted for the words ‘‘au- thorized and directed to’’. The word ‘‘members’’ is sub- Page 3214 TITLE 10—ARMED FORCES § 8286 stituted for the word ‘‘persons’’. The words ‘‘from civil- ian sources’’ are omitted as surplusage. The word ‘‘hos- pitalization’’ is substituted for the words ‘‘hospital service’’. In the second sentence, the word ‘‘authorized’’ is omitted as surplusage. Editorial Notes PRIOR PROVISIONS Prior sections 8284 and 8285 were repealed by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. Section 8284, act Aug. 10, 1956, ch. 1041, 70A Stat. 507, provided that appointments in commissioned grades in Regular Air Force be made by President, by and with advice and consent of Senate. See section 531 of this title. Section 8285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 507; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(4), 71 Stat. 386; Sept. 2, 1958, Pub. L. 85–861, § 1(167), 72 Stat. 1516, prescribed eligibility requirements for original ap- pointment in a commissioned grade in Regular Air Force, except designation as a medical or dental officer and except a graduating cadet. See section 532 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6203 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 835—BANDS Sec. 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 ‘‘Com- petition 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 di- rector’’ 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6221 ......... 34 U.S.C. 596 (less 3d pro- viso). Mar. 4, 1925, ch. 536, § 17 (less 3d proviso), 43 Stat. 1275. Subsection (a) is set forth to preserve the legal au- thority 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 Com- pensation 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 pur- poses with all service which may be credited under sec- tion 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 appoint- ment 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 fol- lows: ‘‘There is a Navy band known as the United States Navy Band.’’