§ 974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title V § 590(a)(1) · 122 Stat. 3

   Enacted · 10 U.S.C. § 974

   Added Pub. L. 110–181, div. A, title V, § 590(a)(1), Jan. 28, 2008, 122 Stat. 136

   Source evidence

   Code source credit
   Added Pub. L. 110–181, div. A, title V, § 590(a)(1), Jan. 28, 2008, 122 Stat. 136

   Enacted provision · exact public law section
   (1) Consolidation of separate authorities.— Chapter 49 of title 10, United States Code, is amended by inserting after section 973 the following new section: “§ 974. Uniform performance policies for military bands and other musical units “(a) Restrictions on Competition and Remuneration.— Bands, ensembles, choruses, or similar musical units of the armed forces, including individual members of such a unit performing in an official capacity, may not— “(1) engage in the performance of music in competition with local civilian musicians; or “(2) receive remuneration for official performances. “(b) Members Performing in Personal Capacity.— A member of a band, ensemble, chorus, or similar musical unit of the armed forces may engage in the performance of music in the member’s personal capacity, as an individual or part of a group, for remuneration or otherwise, if the member— “(1) does not wear a military uniform for the performance; “(2) does not identify himself or herself as a member of the armed forces in connection with the performance; and “(3) complies with all other applicable regulations and standards of conduct. “(c) Recordings.— (1) When authorized pursuant to regulations prescribed by the Secretary of Defense for purposes of this section, bands, ensembles, choruses, or similar musical units of the armed forces may produce recordings for distribution to the public, at a cost not to exceed production and distribution expenses. “(2) Amounts received in payment for recordings distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of such recordings. Any amounts so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. “(d) Performance of Music in Competition With Local Civilian Musicians Defined.— (1) In this section, the term ‘performance of music in competition with local civilian musicians’ includes performances— “(A) that are more than incidental to events that are not supported solely by appropriated funds and are not free to the public; and “(B) of background, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds. “(2) The term does not include performances— “(A) at official Federal Government events that are supported solely by appropriated funds; “(B) at concerts, parades, and other events that are patriotic events or celebrations of national holidays and are free to the public; or “(C) that are incidental, such as short performances of military or patriotic music to open or close events, to events that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.” .

2. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title V § 591(a) · 123 Stat. 2190

   Amended · 10 U.S.C. § 974

   Pub. L. 111–84 amended section generally. Prior to amendment, section related to uniform performance policies for military bands and other musical units

   Source evidence

   Code amendment note
   Pub. L. 111–84 amended section generally. Prior to amendment, section related to uniform performance policies for military bands and other musical units.

   Enacted provision · exact public law section
   (a) Clarification.— Section 974 of title 10, United States Code, is amended to read as follows: “§ 974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians “(a) Military Musicians Performing in an Official Capacity.— (1) A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not engage in the performance of music in competition with local civilian musicians. “(2) For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be included among the performances that are considered to be a performance of music in competition with local civilian musicians: “(A) A performance that is more than incidental to an event that— “(i) is not supported, in whole or in part, by United States Government funds; and “(ii) is not free to the public. “(B) A performance of background, dinner, dance, or other social music at an event that— “(i) is not supported, in whole or in part, by United States Government funds; and “(ii) is held at a location not on a military installation. “(3) For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musicians: “(A) A performance (including background, dinner, dance, or other social music) at an official United States Government event that is supported, in whole or in part, by United States Government funds. “(B) A performance at a concert, parade, or other event, that— “(i) is a patriotic event or a celebration of a national holiday; and “(ii) is free to the public. “(C) A performance that is incidental to an event that— “(i) is not supported, in whole or in part, by United States Government funds; or “(ii) is not free to the public. “(D) A performance (including background, dinner, dance, or other social music) at— “(i) an event that is sponsored by a military welfare society, as defined in section 2566 of this title; “(ii) an event that is a traditional military event intended to foster the morale and welfare of members of the armed forces and their families; or “(iii) an event that is specifically for the benefit or recognition of members of the armed forces, their family members, veterans, civilian employees of the Department of Defense, or former civilian employees of the Department of Defense, to the extent provided in regulations prescribed by the Secretary of Defense. “(E) A performance (including background, dinner, dance, or other social music)— “(i) to uphold the standing and prestige of the United States with dignitaries and distinguished or prominent persons or groups of the United States or another nation; or “(ii) in support of fostering and sustaining a cooperative relationship with another nation. “(b) Prohibition of Military Musicians Accepting Additional Remuneration for Official Performances.— A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not receive remuneration for an official performance, other than applicable military pay and allowances. “(c) Recordings.— (1) When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, a military musical unit may produce recordings for distribution to the public, at a cost not to exceed expenses of production and distribution. “(2) Amounts received in payment for a recording distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. “(d) Performances at Foreign Locations.— Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions. “(e) Military Musical Unit Defined.— In this section, the term ‘military musical unit’ means a band, ensemble, chorus, or similar musical unit of the armed forces.” .

3. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title III § 351 · 127 Stat. 672

   1. Added · 10 U.S.C. § 974(d)(f)

      Pub. L. 113–66 added subsec. (d)

   2. Redesignated · 10 U.S.C. § 974(d)(f)

      Pub. L. 113–66 redesignated former subsecs. (d) and (e) as (e) and (f), respectively

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 113–66 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

   Enacted provision · exact public law section
   SEC. 351. GIFTS MADE FOR THE BENEFIT OF MILITARY MUSICAL UNITS.   Section 974 of title 10, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: “(d) Private Donations.— (1) The Secretary concerned may accept contributions of money, personal property, or services on the condition that such money, property, or services be used for the benefit of a military musical unit under the jurisdiction of the Secretary. “(2) Any contribution of money under paragraph (1) shall be credited to the appropriation or account providing the funds for such military musical unit. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. “(3) Not later than January 30 of each year, the Secretary concerned shall submit to Congress a report on any contributions of money, personal property, and services accepted under paragraph (1) during the fiscal year preceding the fiscal year during which the report is submitted.” .

4. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1051(a)(4) · 131 Stat. 1283

   Struck · 10 U.S.C. § 974(d)(3)

   Pub. L. 115–91 struck out par. (3) which read as follows: “Not later than January 30 of each year, the Secretary concerned shall submit to Congress a report on any contributions of money, personal property, and services accepted under paragraph (1) during the fiscal year preceding the fiscal year during which the report is submitted.”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 115–91 struck out par. (3) which read as follows: “Not later than January 30 of each year, the Secretary concerned shall submit to Congress a report on any contributions of money, personal property, and services accepted under paragraph (1) during the fiscal year preceding the fiscal year during which the report is submitted.”

   Enacted provision · exact public law section
   (4) Military musical units gift report.— Section 974(d) is amended by striking paragraph (3).

5 of 5 references resolved to an enrolled provision