
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6222]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                           CHAPTER 565--BANDS
 
Sec. 6222. United States Marine Band: composition; director; 
        assistant director
        
    (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.

(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.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6222..................................  34 U.S.C. 701 (less proviso).        Ma
r. 4, 1925, ch. 536, Sec.  11
                                                                              (
less proviso), 43 Stat. 1274;
                                                                              J
une 29, 1946, ch. 523, Sec.
                                                                              1
(c), 60 Stat. 343; Oct. 12, 1949,
                                                                              c
h. 681, Sec.  517(a), 63 Stat.
                                                                              8
33.
-------------------------------------------------------------------------------
---------------------------------

    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)...............................  34 App.:701.                         Ju
ly 24, 1956, ch. 686, 70 Stat.
6222(b)...............................  34 App.:701-1(a).                     6
28.
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.

                  Section Referred to in Other Sections

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