10 U.S. Code § 6222 - 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.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 388; 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.)

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”.
Amendments

2006—Pub. L. 109–364amended 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. 96–513redesignated subsecs. (f) and (g) as (e) and (f), respectively.
1970—Subsec. (d). Pub. L. 91–197struck 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. 87–649repealed 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. 85–861substituted “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. 85–861authorized one director and two assistant directors instead of one leader and one second leader.
Subsec. (b). Pub. L. 85–861substituted 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. 85–861added subsecs. (c) to (g).
Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513effective Dec. 12, 1980, see section 701(b)(3) ofPub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649effective Nov. 1, 1962, see section 15 ofPub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
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.

 

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