-CITE-

10 USC CHAPTER 565 - BANDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 565 - BANDS

.

-HEAD-

CHAPTER 565 - BANDS

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Sec.

6221. United States Navy Band; officer in charge.

6222. United States Marine Band: composition; director; assistant

director.

6223. Competition with civilian musicians prohibited.

(6224. Repealed.)

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 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, Sec. 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, Sec. 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.

-CITE-

10 USC Sec. 6221 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 565 - BANDS

-HEAD-

Sec. 6221. United States Navy Band; officer in charge

-STATUTE-

(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 5589 or 5596 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

5596(d) of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Pub. L. 87-649, Sec.

14c(44), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96-513, title V, Sec.

513(16), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 107-107, div. A,

title V, Sec. 510(a), Dec. 28, 2001, 115 Stat. 1091.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6221 34 U.S.C. 596 (less Mar. 4, 1925, ch.

3d proviso). 536, Sec. 17 (less

3d proviso), 43

Stat. 1275.

-------------------------------

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, Sec. 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.

AMENDMENTS

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.

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.

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10 USC Sec. 6222 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 565 - BANDS

-HEAD-

Sec. 6222. United States Marine Band: composition; director;

assistant director

-STATUTE-

(a) 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) The Secretary shall designate the director and assistant

directors of the Marine Band from among qualified members of the

Marine Corps. Upon the recommendation of the Secretary, a member so

designated may be appointed by the President, by and with the

advice and consent of the Senate, to a commissioned grade in the

Regular Marine Corps.

(c) The initial appointment to a commissioned grade of a member

designated as director of the Marine Band shall be in the grade of

captain, except that a member who, at the time of his designation,

holds an appointment in a higher grade may be appointed in that

higher grade, but not above lieutenant colonel. The initial

appointment of a member designated as assistant director shall be

in a grade below captain.

(d) The Secretary shall prescribe regulations for the promotion

of members designated as director or assistant director of the

Marine Band, and the President, by and with the advice and consent

of the Senate, may from time to time appoint them to higher grades.

(e) Unless otherwise entitled to higher retired grade and retired

pay, a member 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 determines that he served satisfactorily.

(f) The Secretary may revoke any designation as director or

assistant director of the Marine Band. When a member's designation

is revoked, his appointment to commissioned grade under this

section terminates and he is entitled, at his option -

(1) to be discharged from the Marine Corps; or

(2) to revert to the grade and status he held at the time of

his designation as director or assistant director.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Pub. L. 85-861, Sec.

1(140), Sept. 2, 1958, 72 Stat. 1508; Pub. L. 87-649, Sec. 14c(45),

Sept. 7, 1962, 76 Stat. 501; Pub. L. 91-197, Feb. 24, 1970, 84

Stat. 15; Pub. L. 96-513, title V, Sec. 513(18), Dec. 12, 1980, 94

Stat. 2932.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6222 34 U.S.C. 701 (less Mar. 4, 1925, ch.

proviso). 536, Sec. 11 (less

proviso), 43 Stat.

1274; June 29,

1946, ch. 523, Sec.

1(c), 60 Stat. 343;

Oct. 12, 1949, ch.

681, Sec. 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

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6222(a) 6222(b) 34 App.:701. 34 July 24, 1956, ch.

App.:701-1(a). 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''.

AMENDMENTS

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).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 sections 207, 424.

-CITE-

10 USC Sec. 6223 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 565 - BANDS

-HEAD-

Sec. 6223. Competition with civilian musicians prohibited

-STATUTE-

(a) Navy Bands and Members. - No Navy band, except the United

States Naval Academy Band, and no member of any Navy band may

receive remuneration for furnishing music outside a military

installation when the furnishing of such music involves competition

with local civilian musicians.

(b) Members of The United States Marine Corps Band. - No member

of the United States Marine Corps Band, as an individual, may

furnish music in competition with any civilian musician or receive

remuneration for furnishing music except under special

circumstances when authorized by the President.

(c) Exception for Commercial Recordings. - (1) Notwithstanding

any limitation contained in subsection (a) or (b), any Navy band or

Marine Corps band designated as a special band may produce

recordings for commercial sale.

(2) Amounts received as proceeds from the sale of any such

recordings may be credited to applicable appropriations of the

Department of the Navy for expenses of Navy and Marine Corps bands.

(3) The Secretary of the Navy shall prescribe regulations

governing the accounting of such proceeds.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Pub. L. 101-510, div. A,

title III, Sec. 327(b), Nov. 5, 1990, 104 Stat. 1532; Pub. L.

102-25, title VII, Sec. 701(j)(7), Apr. 6, 1991, 105 Stat. 116.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6223(a) (None). May 13, 1908, ch.

166, 35 Stat. 153

(2d par.).

6223(b) 34 U.S.C. 702. Aug. 29, 1916, ch.

417, 39 Stat. 612

(proviso of 4th

par.).

-------------------------------

In subsection (a) the phrase ''at Annapolis, Maryland,'' is

omitted as surplusage.

In subsection (b) the phrases ''or accept an engagement to

furnish music, when such furnishing of music places him'', ''or

musicians'', and ''accept or'' are omitted as surplusage.

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-25 substituted ''The United

States Marine Corps Band'' for ''Marine Corps Bands'' in heading.

1990 - Subsec. (a). Pub. L. 101-510, Sec. 327(b)(2)(A), inserted

heading.

Subsec. (b). Pub. L. 101-510, Sec. 327(b)(2)(B), inserted

heading.

Subsec. (c). Pub. L. 101-510, Sec. 327(b)(1), added subsec. (c).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b) of this section

delegated to Secretary of Defense, see section 1(13) of Ex. Ord.

No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under

section 301 of Title 3, The President.

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AMERICAN REVOLUTION BICENTENNIAL; RECORDINGS FOR COMMERCIAL SALE

Authorization for Navy Band to participate in the production of a

collection of recordings for commercial sale in connection with the

American Revolution Bicentennial, and for Secretary of Defense to

enter into contracts for the production and sale of the collection

of recordings, see Pub. L. 93-571, Dec. 31, 1974, 88 Stat. 1868,

set out as a note under section 3634 of this title.

-CITE-

10 USC Sec. 6224 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 565 - BANDS

-HEAD-

(Sec. 6224. Repealed. Pub. L. 87-649, Sec. 14c(46), Sept. 7, 1962,

76 Stat. 501)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 388, provided

that members of the United States Navy Band and the United States

Marine Corps Band shall lose no allowances while on concert tours

approved by the President. See section 425 of Title 37, Pay and

Allowances of the Uniformed Services.

EFFECTIVE DATE OF REPEAL

Repeal 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.

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