
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: 10USC973]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 973. Duties: officers on active duty; performance of civil 
        functions restricted
        
    (a) No officer of an armed force on active duty may accept 
employment if that employment requires him to be separated from his 
organization, branch, or unit, or interferes with the performance of his 
military duties.
    (b)(1) This subsection applies--
        (A) to a regular officer of an armed force on the active-duty 
    list (and a regular officer of the Coast Guard on the active duty 
    promotion list);
        (B) to a retired regular officer of an armed force serving on 
    active duty under a call or order to active duty for a period in 
    excess of 270 days; and
        (C) to a reserve officer of an armed force serving on active 
    duty under a call or order to active duty for a period in excess of 
    270 days.

    (2)(A) Except as otherwise authorized by law, an officer to whom 
this subsection applies may not hold, or exercise the functions of, a 
civil office in the Government of the United States--
        (i) that is an elective office;
        (ii) that requires an appointment by the President by and with 
    the advice and consent of the Senate; or
        (iii) that is a position in the Executive Schedule under 
    sections 5312 through 5317 of title 5.

    (B) An officer to whom this subsection applies may hold or exercise 
the functions of a civil office in the Government of the United States 
that is not described in subparagraph (A) when assigned or detailed to 
that office or to perform those functions.
    (3) Except as otherwise authorized by law, an officer to whom this 
subsection applies may not hold or exercise, by election or appointment, 
the functions of a civil office in the government of a State, the 
District of Columbia, or a territory, possession, or commonwealth of the 
United States (or of any political subdivision of any such government).
    (4) Nothing in this subsection shall be construed to invalidate any 
action undertaken by an officer in furtherance of assigned official 
duties.
    (c) An officer to whom subsection (b) applies may seek and hold 
nonpartisan civil office on an independent school board that is located 
exclusively on a military reservation.
    (d) The Secretary of Defense, and the Secretary of Transportation 
with respect to the Coast Guard when it is not operating in the Navy, 
shall prescribe regulations to implement this section.

(Added Pub. L. 90-235, Sec. 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759; 
amended Pub. L. 96-513, title I, Sec. 116, Dec. 12, 1980, 94 Stat. 2878; 
Pub. L. 98-94, title X, Sec. 1002(a), Sept. 24, 1983, 97 Stat. 655; Pub. 
L. 101-510, div. A, title V, Sec. 556, Nov. 5, 1990, 104 Stat. 1570; 
Pub. L. 106-65, div. A, title V, Sec. 506, Oct. 5, 1999, 113 Stat. 591.)


                               Amendments

    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 exercise 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, Sec. 116(c), substituted ``officers on active 
duty'' for ``regular officers'' in section catchline.
    Subsec. (a). Pub. L. 96-513, Sec. 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, Sec. 116(b), substituted ``regular 
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''.


            Construction and Applicability of Section 973(b)

    Section 1002(b), (c) of Pub. L. 98-94 provided that:
    ``(b) Nothing in section 973(b) of title 10, United States Code, as 
in effect before the date of the enactment of this Act [Sept. 24, 1983], 
shall be construed--
        ``(1) to invalidate any action undertaken by an officer of an 
    Armed Force in furtherance of assigned official duties; or
        ``(2) to have terminated the military appointment of an officer 
    of an Armed Force by reason of the acceptance of a civil office, or 
    the exercise of its functions, by that officer in furtherance of 
    assigned official 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 
described in such section for the term to which the Reserve officer was 
elected or appointed if, before the date of the enactment of this Act 
[Sept. 24, 1983], the Reserve 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.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 806 of this title; title 40 
section 758; title 44 section 2105.
