[H.A.S.C. No. 93,621 United States, Cangrets, OCT 18 Copy 1974 Armed MILITARY BAND RECORDINGS IN SUPPORT OF THE AMERICAN REVOLUTION BICENTENNIAL Forces. Subcommittee No.2. HEARINGS ON H.R. 14401 TO AUTHORIZE MILITARY BAND RECORDINGS IN SUP- BEFORE SUBCOMMITTEE NO. 2 OF THE ARMED SERVICES COMMITTEE NINETY-THIRD CONGRESS SECOND SESSION HEARINGS HELD AUGUST 8 AND 13, 1974 39-575 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1974 LUCIEN N. NEDZI, Michigan SUBCOMMITTEE NO. 2 (Military Personnel) O. C. FISHER, Texas, Chairman WILLIAM L. DICKINSON, Alabama G. V. (SONNY) MONTGOMERY, Mississippi (II) 170 SUBCOMMITTEE NO. 2 HEARING ON H.R. 14401, TO AUTHORIZE J HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 2, Washington, D.C., August 8, 1974. The subcommittee met, pursuant to notice, at 11:05 a.m., in room 2118, Rayburn House Office Building, Washington, D.C., the Honorable O. C. Fisher (chairman of the subcommittee) presiding. Mr. FISHER. We will next take up H.R. 14401, and we will hear from Rear Adm. William Thompson. We are delighted to have you, Admiral Thompson, and you go right ahead with an explanation of this bill. [H.R. 14401 is as follows:] [H.R. 14401, 93d Cong., 2d sess.] A BILL To authorize military band recordings in support of the American Revolution Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the United States Army Band, United States Navy Bank, United States Air Force Band, and United States Marine Band are authorized to participate in the production of a collection of recordings for commercial sale, in conjunction with the American Revolution Bicentennial. SEC. 2. The Secretary of Defense or his designee may enter into such contract or contracts, under such terms as the Secretary or his designee may determine to be in the best interest of the Government, for the production and sale of the album authorized by section 1 of this Act. Sale of this album may be made (a) at such prices as the Secretary of Defense or his designee may determine, and (b) either through commercial sources or by the Government, or both through commercial sources and by the Government. SEC. 3. Appropriations of the Department of Defense may be reimbursed from the proceeds of sales for expenses of production and sale of the album authorized by this Act. STATEMENT OF REAR ADM. WILLIAM THOMPSON, CHIEF OF Admiral THOMPSON. Yes, sir. Mr. Chairman and members of the subcommittee, I am Rear Adm. William Thompson, Chief of Information, U.S. Navy. I have been designated to represent the Department of the Navy on behalf of the Department of Defense in support of H.R. 14401. The purpose of H.R. 14401 is to permit the U.S. Army Band, U.S. Navy Band, U.S. Air Force Band, and the U.S. Marine Band to participate in the production of a collection of recordings-for commercial sale-in conjunction with the Nation's Bicentennial celebrations. (1) Despite their extensive tour schedules, it is impossible for these bands to reach every community in our Nation. Complaints are frequently heard from citizens that they do not have the opportunity to listen to our premier military bands, although foreign military band recordings (even the Red Army Band and Chorus) are readily available. It is envisioned that during the Bicentennial era there will be considerable pageantry recalling the military traditions of the United States and an even greater interest in military music. The production of a collection of recordings by the Armed Forces bands featuring heritage-related music would be a suitable way of commemorating the Bicentennial and at the same time broaden the opportunity for all Americans to hear our service musicians. Several sections of title 10, United States Code, have been interpreted to regulate the professional activities of military bands and the individual members of those bands. Sections 3634, 6223, and 8634 of title 10 generally prohibit the bands of Armed Forces and the members of those bands from receiving remuneration for furnishing music outside a military installation in competition with local civilian musicians. Section 974 restricts the off-duty employment of all enlisted members of the Armed Forces-including members of military bands-if that employment interferes with the customary or regular employment of local civilians in their art, trade, or profession. In addition, section 974 has been interpreted to prohibit military bands from recording musical pieces for commercial purposes. H.R. 14401 would create a one-time exception to this interpretation of section 974. No members of military bands would receive any of the proceeds from the sale of this collection of recordings. Section 2 of the bill discusses production and sales of the recordings. The production phase includes production of a master, manufacture of the records themselves, and full-color album printing. This would be accomplished under contract or contracts as determined advantageous to the Government. Distribution through a commercial distributor is deemed necessary as no element of the Department of Defense has the intrinsic organization to distribute through record dealerships. Pricing is determined to be "competitive" in the range of about $6.95, yet is not intended to undersell competing musical productions originating in the civilian sector. The language permitting distribution through both government and commercial means will permit a follow-on reduced price offering to youth groups, schools of music, libraries, et cetera. The Department of the Navy, acting as executive agent for the Department of Defense in this project, expects to incur production and promotional expenses and contractual obligations of about $200,000. The intent of section 3 of the bill is to insure that the funds initially used by the Navy will be reimbursed from the proceeds of sale without profit but at no additional expense to the Government. Proceeds in excess of reimbursements would be credited to the "Miscellaneous Receipts" of the Treasury Department's general fund. This recording project is proposed at no increase in the Department of Defense budget requirements. For the purposes of clarification, it is recommended that the word. "album" in lines 3, 4, and 10 on the second page of the bill be delted and the words "collection of recordings" be substituted in lieu thereof. Enactment of this legislation would make recorded performances of the high-quality military bands available to those persons who have never had the opportunity to witness live performances by these outstanding organizations. This additional exposure would, in turn, enable the bands to fulfill their missions more effectively and would enhance the image and prestige of the Armed Forces. The Department of the Navy on behalf of the Department of Defense strongly supports the enactment of H.R. 14401. Mr. Chairman, that concludes my prepared statement. The Department of Defense appreciates this opportunity to testify in support of H.R. 14401. I have with me this morning representatives from the Office of the Navy Comptroller, and from the bands, or Bicentennial office, of the various services. We will be happy to answer any questions the committee may have. Mr. FISHER. Thank you, Admiral. We are honored and delighted to have all of these gentlemen here today who represent the bands and those who have to do with the recordings you have in mind, and who will, of course, make a tremendous contribution to the Bicentennial celebration and the appreciation that goes with those things. Mr. Daniel? Mr. Dan DANIEL. Mr. Chairman, I favor the bill and have no questions. Mr. FISHER. Mr. Dickinson? Mr. DICKINSON. I do favor the bill, Mr. Chairman, and I have no questions. Mr. FISHER. Mr. Wilson? Mr. CHARLES WILSON. Thank you, Mr. Chairman. Admiral, a clarification of the amendment you suggested: That is restricted just to albums. it. Before, as I understand, the two relate to tapes and it would broaden Admiral THOMPSON. Yes. Mr. CHARLES WILSON. I have no objection, Mr. Chairman. I am in favor of that. I am impressed by the backup witnesses though. Mr. FISHER. Mrs. Holt? Mrs. HOLT. Thank you, Mr. Chairman. Admiral, I am concerned about why we have this prohibition at all. I can't understand why musicians are singled out. I know that there are musicians who do perform, and I think that that is not a healthy situation when you have a law that you don't enforce, and that this seems to be working a hardship on them, when other enlisted personnel can be employed, can moonlight. What is the reasoning behind keeping this? Admiral THOMPSON. The reasoning I do not know. I think it is not a fair situation. Mrs. HOLT. Because in this section 974, it says that, no enlisted member may be ordered or permitted to leave his post to engage in a civilian pursuit. But then it prohibits the musicians. I would think we should just try to repeal that whole section. Admiral THOMPSON. Chairman Hébert has introduced a bill in that regard to repeal that entire section. |