10 U.S.C. § 8286 — United States Navy Band; officer in

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 Editorial Notes PRIOR PROVISIONS Prior sections 8284 and 8285 were repealed by Pub.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.’’ Page 3215 TITLE 10—ARMED FORCES § 8287 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 Al- lowances 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 direc- tor, 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 of- ficer and other personnel in such numbers and grades as the Secretary of the Navy determines to be necessary. (c) APPOINTMENT AND PROMOTION.—(1) The Sec- retary 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 ap- point 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 Sec- retary 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 Sec- retary of the Navy may revoke any appointment of a member of the Marine Band or Marine Drum and Bugle Corps. When a member’s ap- pointment 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 pro- viso). 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 di- rectors 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, pro- vided 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