### §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.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6221 | 34 U.S.C. 596 (less 3d proviso). | Mar. 4, 1925, ch. 536, §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, §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.

#### **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 appointment 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 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.

#### **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 Allowances of the Uniformed Services.