
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6223]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                           CHAPTER 565--BANDS
 
Sec. 6223. Competition with civilian musicians prohibited

    (a) Navy Bands and Members.--No Navy band, except the United States 
Naval Academy Band, and no member of any Navy band may receive 
remuneration for furnishing music outside a military installation when 
the furnishing of such music involves competition with local civilian 
musicians.
    (b) Members of The United States Marine Corps Band.--No member of 
the United States Marine Corps Band, as an individual, may furnish music 
in competition with any civilian musician or receive remuneration for 
furnishing music except under special circumstances when authorized by 
the President.
    (c) Exception for Commercial Recordings.--(1) Notwithstanding any 
limitation contained in subsection (a) or (b), any Navy band or Marine 
Corps band designated as a special band may produce recordings for 
commercial sale.
    (2) Amounts received as proceeds from the sale of any such 
recordings may be credited to applicable appropriations of the 
Department of the Navy for expenses of Navy and Marine Corps bands.
    (3) The Secretary of the Navy shall prescribe regulations governing 
the accounting of such proceeds.

(Aug. 10, 1956, ch. 1041, 70A Stat. 388; Pub. L. 101-510, div. A, title 
III, Sec. 327(b), Nov. 5, 1990, 104 Stat. 1532; Pub. L. 102-25, title 
VII, Sec. 701(j)(7), Apr. 6, 1991, 105 Stat. 116.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
6223(a)...............................  [None].                              Ma
y 13, 1908, ch. 166, 35 Stat. 153
                                                                              (
2d par.).
6223(b)...............................  34 U.S.C. 702.                       Au
g. 29, 1916, ch. 417, 39 Stat.
                                                                              6
12 (proviso of 4th par.).
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---------------------------------

    In subsection (a) the phrase ``at Annapolis, Maryland,'' is omitted 
as surplusage.
    In subsection (b) the phrases ``or accept an engagement to furnish 
music, when such furnishing of music places him'', ``or musicians'', and 
``accept or'' are omitted as surplusage.


                               Amendments

    1991--Subsec. (b). Pub. L. 102-25 substituted ``The United States 
Marine Corps Band'' for ``Marine Corps Bands'' in heading.
    1990--Subsec. (a). Pub. L. 101-510, Sec. 327(b)(2)(A), inserted 
heading.
    Subsec. (b). Pub. L. 101-510, Sec. 327(b)(2)(B), inserted heading.
    Subsec. (c). Pub. L. 101-510, Sec. 327(b)(1), added subsec. (c).

                         Delegation of Functions

    Functions of President under subsec. (b) of this section delegated 
to Secretary of Defense, see section 1(13) of Ex. Ord. No. 11390, Jan. 
22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, 
The President.


    American Revolution Bicentennial; Recordings for Commercial Sale

    Authorization for Navy Band to participate in the production of a 
collection of recordings for commercial sale in connection with the 
American Revolution Bicentennial, and for Secretary of Defense to enter 
into contracts for the production and sale of the collection of 
recordings, see Pub. L. 93-571, Dec. 31, 1974, 88 Stat. 1868, set out as 
a note under section 3634 of this title.
