(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 members 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.