12 2 STA T . 1 37PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (1)CONS O LIDAT ION O F S EP A R ATE A U T H ORITIES .— C hapter49of t i t l e1 0,Un ite dS tate s Code, is a m ended by insertin g after se c tion 9 73 the follo w ing new section
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‘ §974.Uniformpe rform a n c epo l icie s for mili t ar yb an d s and ot h erm u sical units ‘ ‘(a) R ESTRI C TIONS ON CO M PETITION AND REMUNERATION.— B ands, ensembles, chor u ses, or similar musical units of the armed forces, including indi v idual 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) M EM B ERS P ERFORMIN G IN PERSONAL CAPACIT Y .— 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 remunera - tion 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) W hen authori z ed pursuant to regulations prescribed by the Secretary of D efense 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 acostnottoe x ceed production and distribution expenses. ‘‘(2) Amounts received in payment for recordings distributed to the public under this subsection shall be credited to the appro- priation 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 sub j ect to the same conditions and limitations, as amounts in such appropriation or account. ‘‘(d) PERFORMANCE OF MUSIC IN COMPETITION WITH L OCAL CI V ILIAN MUSICIANS DEFINED.—(1) I n 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 bac k ground, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds. ‘‘(2) T he term does not include performances— ‘‘(A) at official F ederal G overnment events that are sup- ported 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 compli- ance with applicable rules and regulations.’’.
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