123STA T . 233 6PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ §974.Mil i tarymus i c alu n its an d musicians
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r fo rmance policies
restriction on performance in competition w it h local ci v ilian musicians ‘ ‘ (a)MIL I TARY M US I C IA N S PE R FO R M IN G IN AN O FFICIAL C A P ACITY .— ( 1 ) Amil i t a ry m us i c alu n it , an d am e m b er of t h e armed forces w ho is a member of such a unit p erformin g in an official capacity, may not engage in the performance of music in competition with local ci v ilian musicians. ‘‘( 2 ) F or purposes of paragraph (1), the following shall, e x cept 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 U nited S tates G overnment funds
and ‘‘(ii) is not free to the public. ‘‘( B ) A performance of bac k ground, 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 2 56 6 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 per - sons or groups of the United States or another nation; or
