(a) The Secretary of the Army may appoint the leader of the Army band from the warrant officers of the Regular Army. The leader serves during the pleasure of the Secretary and may be returned to his former status in the discretion of the Secretary.
[(b) Repealed. Pub. L. 87–649, § 14c(5), Sept. 7, 1962, 76 Stat. 501.]
(c) Upon retirement, the leader of the Army band has the grade of warrant officer, with the retired pay to which he would have been entitled had he not been appointed leader.
(Aug. 10, 1956, ch. 1041, 70A Stat. 201, § 3536; Pub. L. 87–649, § 14c(5), Sept. 7, 1962, 76 Stat. 501; renumbered § 7216, Pub. L. 115–232, div. A, title VIII, § 808(b)(6), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3536(a)10:11 (1st sentence, less last 85 words; and 2d sentence).Mar. 3, 1925, ch. 412, 43 Stat. 1100.
3536(b)10:11 (last 85 words of 1st sentence).
3536(c)10:11 (less 1st and 2d sentences).
In subsection (a), the word “may” is substituted for the words “is authorized”. The first nine words of the second sentence are substituted for 10:11 (1st 15 words of 2d sentence).
In subsection (b), the word “basic” is substituted for the word “base” to conform to the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words “pay and allowances of a captain, and is entitled to be credited for pay purposes with all service which may be credited under section 233 of title 37” are substituted for 10:11 (last 64 words of 1st sentence). The words “in lieu of any and all pay and allowances as a warrant officer” are omitted as surplusage.
In subsection (c), 10:11 (1st proviso of last sentence) is omitted as executed. 10:11 (last proviso of last sentence) and the words “and received the pay and allowances of” are omitted as surplusage.
Editorial Notes
Prior ProvisionsA prior section 7216 was renumbered section 8616 of this title.
Amendments2018—Pub. L. 115–232 renumbered section 3536 of this title as this section.
1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which related to the basic pay and allowances of the leader of the Army band, and is now covered by sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment 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 1962 AmendmentAmendment by Pub. L. 87–649 effective on 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.