Title 10 — Armed Forces
Part II · Chapter 49 — Miscellaneous Prohibitions and Penalties
§ 973. Duties: officers on active duty; performance of civil functions restricted
Statutory text
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.
This subsection applies—
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);
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;
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; and
to an officer on the Space Force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days.
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—
that is an elective office;
that requires an appointment by the President by and with the advice and consent of the Senate; or
that is a position in the Executive Schedule under sections 5312 through 5317 of title 5.
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.
Except as otherwise authorized by law, an officer to whom this subsection applies by reason of subparagraph (A) of paragraph (1) may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State (or of any political subdivision of a State).
An officer to whom this subsection applies by reason of subparagraph (B) or (C) of paragraph (1) may not hold, by election or appointment, a civil office in the government of a State (or of any political subdivision of a State) if the holding of such office while this subsection so applies to the officer—
is prohibited under the laws of that State; or
as determined by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, interferes with the performance of the officer’s duties as an officer of the armed forces.
Except as otherwise authorized by law, while an officer referred to in subparagraph (A) is serving on active duty, the officer may not exercise the functions of a civil office held by the officer as described in that subparagraph.
Nothing in this subsection shall be construed to invalidate any action undertaken by an officer in furtherance of assigned official duties.
In this subsection, the term “State” includes the District of Columbia and a territory, possession, or commonwealth of the United States.
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.
The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 90–235 § 4(a)(5)(A) · 81 Stat. 753
Enacted · 10 U.S.C. § 973
Added Pub. L. 90–235, § 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759
Source evidence
Code source credit
Added Pub. L. 90–235, § 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759Enacted provision · exact public law section
(A) by adding the following new’ section: “§ 973. Duties: regular officers; performance of civil functions restricted “(a) No officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard 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) Except as otherwise provided by law, no officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may hold a civil office by election or appointment, whether under the United States, a Territory or possession, or a State. The acceptance of such a civil office or the exercise of its functions by such an officer terminates his military appointment.”; andDefense Officer Personnel Management Act
Pub. L. 96–513 § 116(c) · 94 Stat. 2835
Substituted · 10 U.S.C. § 973
Pub. L. 96–513, § 116(c), substituted “officers on active duty” for “regular officers” in section catchline
Source evidence
Code amendment note
Pub. L. 96–513, § 116(c), substituted “officers on active duty” for “regular officers” in section catchline.Enacted provision · exact public law section
(c) The heading of such section is amended to read as follows: “§973. Duties: officers on active duty; performance of civil functions restricted”.Defense Officer Personnel Management Act
Pub. L. 96–513 § 116(a) · 94 Stat. 2835
Substituted · 10 U.S.C. § 973(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(a) Subsection (a) of section 973, relating to restrictions on performance of civil functions by officers, is amended by striking out “on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard” and inserting in lieu thereof “of an armed force on active duty”.Defense Officer Personnel Management Act
Pub. L. 96–513 § 116(b) · 94 Stat. 2835
Substituted · 10 U.S.C. § 973(b)
Pub. L. 96–513, § 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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–513, § 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”.Enacted provision · exact public law section
(b) Subsection (b) of such section is amended by striking out “officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard” and inserting in lieu thereof “regular officer of an armed force on active duty”.Department of Defense Authorization Act, 1984
Pub. L. 98–94 title X § 1002(a) · 97 Stat. 614
Amended · 10 U.S.C. § 973(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
Source evidence
Code amendment note
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.Department of Defense Authorization Act, 1984
Pub. L. 98–94 title X § 1002(a) · 97 Stat. 614
Added · 10 U.S.C. § 973(c)
Pub. L. 98–94 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–94 added subsec. (c).National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title V § 556 · 104 Stat. 1485
Added · 10 U.S.C. § 973(c); 10 U.S.C. § 973(d)
Pub. L. 101–510 added subsec. (c)
Redesignated · 10 U.S.C. § 973(c); 10 U.S.C. § 973(d)
Pub. L. 101–510 redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
SEC. 556. AUTHORITY FOR COMMISSIONED OFFICERS TO SERVE ON INDEPENDENT SCHOOL BOARDS Section 973 of title 10, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(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.”.Pub. L. 106–65 div. A title V § 506 · 113 Stat. 512
Substituted · 10 U.S.C. § 973(b)(1)(B); 10 U.S.C. § 973(b)(1)(C)
Pub. L. 106–65 substituted “270 days” for “180 days”
Source evidence
Code amendment note
Subsec. (b)(1)(B), (C). Pub. L. 106–65 substituted “270 days” for “180 days”.Enacted provision · exact public law section
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR APPLICABILITY OF RESTRICTION ON HOLDING OF CIVIL OFFICE BY RETIRED REGULAR OFFICERS AND RESERVE OFFICERS. Section 973(b)(1) of title 10, United States Code, is amended— (1) in subparagraph (B), by striking “180 days” and inserting “270 days”; and (2) in subparagraph (C), by striking “180 days” and inserting “270 days”.Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135
Substituted · 10 U.S.C. § 973(d)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.Enacted provision · exact public law section
(1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.Effective date note
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.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 545(2) · 117 Stat. 1392
Inserted · 10 U.S.C. § 973(b)(3)
Pub. L. 108–136, § 545(2), inserted “by reason of subparagraph (A) of paragraph (1)” after “applies”
Substituted · 10 U.S.C. § 973(b)(3)
Pub. L. 108–136, § 545(2), substituted “(or of any political subdivision 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 government)”
Source evidence
Code amendment note
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 subdivision 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 government)”.Enacted provision · exact public law section
(2) in paragraph (3)— (A) by inserting “by reason of subparagraph (A) of paragraph (1)” after “applies”; and (B) by striking “, the District of Columbia,” and all that follows through “such government)” and inserting “(or of any political subdivision of a State)”; andNational Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 545(1) · 117 Stat. 1392
Added · 10 U.S.C. § 973(b)(4); 10 U.S.C. § 973(b)(5)
Pub. L. 108–136, § 545(1), (3), added par. (4)
Redesignated · 10 U.S.C. § 973(b)(4); 10 U.S.C. § 973(b)(5)
Pub. L. 108–136, § 545(1), (3), redesignated former par. (4) as (5)
Source evidence
Code amendment note
Subsec. (b)(4), (5). Pub. L. 108–136, § 545(1), (3), added par. (4) and redesignated former par. (4) as (5).Enacted provision · exact public law section
(1) by redesignating paragraph (4) as paragraph (5);National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 545(4) · 117 Stat. 1392
Added · 10 U.S.C. § 973(b)(6)
Pub. L. 108–136, § 545(4), added par. (6)
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 108–136, § 545(4), added par. (6).Enacted provision · exact public law section
(4) by adding at the end the following: “(6) In this subsection, the term ‘State’ includes the District of Columbia and a territory, possession, or commonwealth of the United States.” .Space Force Personnel Management Act
Pub. L. 118–31 div. A title XVII § 1722(f) · 137 Stat. 136
Added · 10 U.S.C. § 973(b)(1)(D)
Pub. L. 118–31 added subpar. (D)
Source evidence
Code amendment note
Subsec. (b)(1)(D). Pub. L. 118–31 added subpar. (D).Enacted provision · exact public law section
(f) Uniform Code of Military Justice.— Chapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: (1) Persons subject to ucmj.— Section 802 (article 2) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”; (ii) in paragraph (3)(A)(i), by inserting “or the Space Force” after “reserve component”; (iii) in paragraph (5), by inserting “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”; and (iv) by adding at the end the following new paragraph: “(14) Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay.” ; and (B) in subsection (d)— (i) in paragraph (1), by inserting “or the Space Force” after “reserve component”; (ii) in paragraph (2), by inserting “or the Space Force” after “a reserve component”; and (iii) in paragraph (4), by inserting “or the Space Force” after “in a regular component of the armed forces”. (2) Jurisdiction to try certain personnel.— Subsection (d) of section 803 (article 3) is amended by inserting, “or the Space Force” after “reserve component”. (3) Articles to be explained.— Section 937 (article 137) is amended— (A) in subsection (a)(1)— (i) by striking “or” at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting “; or”; and (iii) by adding at the end the following new subparagraph: “(C) the member’s initial entrance on active duty or into a space force active status.” ; (B) in subsection (a)(2)— (i) by striking “and” at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: “(B) after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and” ; (C) in subsection (b)(1)(B), by inserting “or the Space Force” after “in a reserve component”; and (D) in subsection (d), by striking “or to a member of a reserve component,” and inserting “, to a member of a reserve component, or to a member of the Space Force,”.
14 of 16 references resolved to an enrolled provision · 2 partial
Editorial Notes
Codification
Another section 1722(f) of Pub. L. 118–31 amended sections 802, 803, and 937 of this title.
Amendments1980–2023 · 7 rounds
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 subdivision 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 government)”.
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 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, § 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 “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”.
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 , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , 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), , 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 enactment of this Act [], 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 [], 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.”
Credits
1968–2023 · 8 acts
- 1968Added Pub. L. 90–235, § 4(a)(5)(A), , 81 Stat. 759
- 1980amended Pub. L. 96–513, title I, § 116, , 94 Stat. 2878
- 1983Pub. L. 98–94, title X, § 1002(a), , 97 Stat. 655
- 1990Pub. L. 101–510, div. A, title V, § 556, , 104 Stat. 1570
- 1999Pub. L. 106–65, div. A, title V, § 506, , 113 Stat. 591
- 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314
- 2003Pub. L. 108–136, div. A, title V, § 545, , 117 Stat. 1479
- 2023Pub. L. 118–31, div. A, title XVII, § 1722(f), , 137 Stat. 672.
Show as published
(Added Pub. L. 90–235, § 4(a)(5)(A), , 81 Stat. 759; amended Pub. L. 96–513, title I, § 116, , 94 Stat. 2878; Pub. L. 98–94, title X, § 1002(a), , 97 Stat. 655; Pub. L. 101–510, div. A, title V, § 556, , 104 Stat. 1570; Pub. L. 106–65, div. A, title V, § 506, , 113 Stat. 591; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 545, , 117 Stat. 1479; Pub. L. 118–31, div. A, title XVII, § 1722(f), , 137 Stat. 672.)