10 U.S.C. § 974 — Military musical units and musicians: per-

Page 885 TITLE 10—ARMED FORCES § 974 Dec. 12, 1980, 94 Stat. 2878; Pub. L. 98–94, title X, § 1002(a), Sept. 24, 1983, 97 Stat. 655; Pub. L. 101–510, div. A, title V, § 556, Nov. 5, 1990, 104 Stat. 1570; Pub. L. 106–65, div. A, title V, § 506, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 545, Nov. 24, 2003, 117 Stat. 1479; Pub. L. 118–31, div. A, title XVII, § 1722(f), Dec. 22, 2023, 137 Stat. 672.) Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tions 802, 803, and 937 of this title. AMENDMENTS 2023—Subsec. (b)(1)(D). Pub. L. 118–31 added subpar. (D). 2003—Subsec. (b)(3). Pub. L. 108–136, § 545(2), inserted ‘‘by reason of subparagraph (A) of paragraph (1)’’ after ‘‘applies’’ and substituted ‘‘(or of any political subdivi- sion of a State)’’ for ‘‘, the District of Columbia, or a territory, possession, or commonwealth of the United States (or of any political subdivision of any such gov- ernment)’’. Subsec. (b)(4), (5). Pub. L. 108–136, § 545(1), (3), added par. (4) and redesignated former par. (4) as (5). Subsec. (b)(6). Pub. L. 108–136, § 545(4), added par. (6). 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Subsec. (b)(1)(B), (C). Pub. L. 106–65 substituted ‘‘270 days’’ for ‘‘180 days’’. 1990—Subsecs. (c), (d). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). 1983—Subsec. (b). Pub. L. 98–94 amended subsec. (b) generally. Prior to amendment subsec. (b) provided that, except as otherwise provided by law, no regular officer of an armed force on active duty could hold a civil office by election or appointment, whether under the United States, a Territory or possession, or a State, and that acceptance of such a civil office or the exer- cise of its functions by such an officer terminated his military appointment. Subsec. (c). Pub. L. 98–94 added subsec. (c). 1980—Pub. L. 96–513, § 116(c), substituted ‘‘officers on active duty’’ for ‘‘regular officers’’ in section catchline. Subsec. (a). Pub. L. 96–513, § 116(a), substituted ‘‘of an armed force on active duty’’ for ‘‘on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard’’. Subsec. (b). Pub. L. 96–513, § 116(b), substituted ‘‘reg- ular officer of an armed force on active duty’’ for ‘‘on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. CONSTRUCTION AND APPLICABILITY OF SECTION 973(b) Pub. L. 98–94, title X, § 1002(b), (c), Sept. 24, 1983, 97 Stat. 655, 656, provided that: ‘‘(b) Nothing in section 973(b) of title 10, United States Code, as in effect before the date of the enact- ment of this Act [Sept. 24, 1983], shall be construed— ‘‘(1) to invalidate any action undertaken by an offi- cer of an Armed Force in furtherance of assigned offi- cial duties; or ‘‘(2) to have terminated the military appointment of an officer of an Armed Force by reason of the ac- ceptance of a civil office, or the exercise of its func- tions, by that officer in furtherance of assigned offi- cial duties. ‘‘(c) Nothing in section 973(b)(3) of title 10, United States Code, as added by subsection (a), shall preclude a Reserve office to whom such section applies from holding or exercising the functions of an office de- scribed in such section for the term to which the Re- serve officer was elected or appointed if, before the date of the enactment of this Act [Sept. 24, 1983], the Re- serve officer accepted appointment or election to that office in accordance with the laws and regulations in effect at the time of such appointment or election.’’ § 974. Military musical units and musicians: per- formance policies; restriction on perform- ance in competition with local civilian musi- cians (a) MILITARY MUSICIANS PERFORMING IN AN OF- FICIAL CAPACITY.—(1) A military musical unit, and a member of the armed forces who is a mem- ber of such a unit performing in an official ca- pacity, may not engage in the performance of music in competition with local civilian musi- cians. (2) For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be in- cluded among the performances that are consid- ered to be a performance of music in competi- tion with local civilian musicians: (A) A performance that is more than inci- dental 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 musi- cians: (A) A performance (including background, dinner, dance, or other social music) at an of- ficial 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 wel- Page 886 TITLE 10—ARMED FORCES [§ 975 fare 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, vet- erans, 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 dis- tinguished 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 na- tion. (b) PROHIBITION OF MILITARY MUSICIANS AC- CEPTING ADDITIONAL REMUNERATION FOR OFFI- CIAL PERFORMANCES.—A military musical unit, and a member of the armed forces who is a mem- ber of such a unit performing in an official ca- pacity, may not receive remuneration for an of- ficial performance, other than applicable mili- tary pay and allowances. (c) RECORDINGS.—(1) When authorized under regulations prescribed by the Secretary of De- fense for purposes of this section, a military mu- sical unit may produce recordings for distribu- tion to the public, at a cost not to exceed ex- penses of production and distribution. (2) Amounts received in payment for a record- ing distributed to the public under this sub- section 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) 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 para- graph (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. (e) PERFORMANCES AT FOREIGN LOCATIONS.— Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions. (f) MILITARY MUSICAL UNIT DEFINED.—In this section, the term ‘‘military musical unit’’ means a band, ensemble, chorus, or similar mu- sical unit of the armed forces. (Added Pub. L. 110–181, div. A, title V, § 590(a)(1), Jan. 28, 2008, 122 Stat. 136; amended Pub. L. 111–84, div. A, title V, § 591(a), Oct. 28, 2009, 123 Stat. 2335; Pub. L. 113–66, div. A, title III, § 351, Dec. 26, 2013, 127 Stat. 741; Pub. L. 115–91, div. A, title X, § 1051(a)(4), Dec. 12, 2017, 131 Stat. 1560.) Editorial Notes PRIOR PROVISIONS A prior section 974, added Pub. L. 90–235, § 6(a)(6)(A), Jan. 2, 1968, 81 Stat. 762; amended Pub. L. 101–510, div. A, title III, § 327(e), Nov. 5, 1990, 104 Stat. 1532, related to civilian employment by enlisted members, prior to repeal by Pub. L. 105–261, div. A, title V, § 569(a), Oct. 17, 1998, 112 Stat. 2032. AMENDMENTS 2017—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, per- sonal property, and services accepted under paragraph (1) during the fiscal year preceding the fiscal year dur- ing which the report is submitted.’’ 2013—Subsecs. (d) to (f). Pub. L. 113–66 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2009—Pub. L. 111–84 amended section generally. Prior to amendment, section related to uniform performance policies for military bands and other musical units. [§ 975. Renumbered § 2390] § 976. Membership in military unions, organizing of military unions, and recognition of mili- tary unions prohibited (a) In this section: (1) The term ‘‘member of the armed forces’’ means (A) a member of the armed forces who is serving on active duty, (B) a member of the National Guard who is serving on full-time National Guard duty, or (C) a member of a Re- serve component or the Space Force while per- forming inactive-duty training. (2) The term ‘‘military labor organization’’ means any organization that engages in or at- tempts to engage in— (A) negotiating or bargaining with any ci- vilian officer or employee, or with any mem- ber of the armed forces, on behalf of mem- bers of the armed forces, concerning the terms or conditions of military service of such members in the armed forces; (B) representing individual members of the armed forces before any civilian officer or employee, or any member of the armed forces, in connection with any grievance or complaint of any such member arising out of the terms or conditions of military service of such member in the armed forces; or (C) striking, picketing, marching, dem- onstrating, or any other similar form of con- certed action which is directed against the Government of the United States and which is intended to induce any civilian officer or employee, or any member of the armed forces, to— (i) negotiate or bargain with any person concerning the terms or conditions of mili- tary service of any member of the armed forces, (ii) recognize any organization as a rep- resentative of individual members of the armed forces in connection with com- plaints and grievances of such members arising out of the terms or conditions of