---
kind: "section"
citation: "10 U.S.C. § 973"
title: "10"
title_heading: "Armed Forces"
number: "973"
heading: "Duties: officers on active duty; performance of civil functions restricted"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/973"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 49 — Miscellaneous Prohibitions and Penalties"
---

# §973. Duties: officers on active duty; performance of civil functions restricted

- (a) No [officer](/usc/10/101.md?p=b-1) of an armed force on [active duty](/usc/10/101.md?p=d-1) 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](/usc/10/801.md?p=8) duties.
- (b)
  - (1) This subsection applies—
    - (A) to a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1) of an armed force on the [active-duty list](/usc/10/101.md?p=b-13) (and a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1) of the Coast Guard on the [active duty](/usc/10/101.md?p=d-1) promotion list);
    - (B) to a retired [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1) of an armed force serving on [active duty](/usc/10/101.md?p=d-1) under a call or order to [active duty](/usc/10/101.md?p=d-1) for a period in excess of 270 days;
    - (C) to a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of an armed force serving on [active duty](/usc/10/101.md?p=d-1) under a call or order to [active duty](/usc/10/101.md?p=d-1) for a period in excess of 270 days; and
    - (D) to an [officer](/usc/10/101.md?p=b-1) on the Space Force [officer](/usc/10/101.md?p=b-1) list serving on [active duty](/usc/10/101.md?p=d-1) under [section 20105(b) of this title](/usc/10/20105.md?p=b) or under a call or order to [active duty](/usc/10/101.md?p=d-1) for a period in excess of 270 days.
  - (2)
    - (A) Except as otherwise authorized by law, an [officer](/usc/10/101.md?p=b-1) to whom this subsection applies may not hold, or exercise the [functions](/usc/10/467.md?p=1) of, a civil office in the Government of the [United States](/usc/10/101.md?p=a-1)—
      - (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](/usc/10/101.md?p=b-1) to whom this subsection applies may hold or exercise the [functions](/usc/10/467.md?p=1) of a civil office in the Government of the [United States](/usc/10/101.md?p=a-1) that is not described in [subparagraph (A)](#b-2-A) when assigned or detailed to that office or to perform those [functions](/usc/10/467.md?p=1).
  - (3) Except as otherwise authorized by law, an [officer](/usc/10/101.md?p=b-1) to whom this subsection applies by reason of [subparagraph (A)](#b-1-A) of paragraph (1) may not hold or exercise, by election or appointment, the [functions](/usc/10/467.md?p=1) of a civil office in the government of a [State](/usc/10/4951.md?p=4) (or of any political subdivision of a [State](/usc/10/4951.md?p=4)).
  - (4)
    - (A) An [officer](/usc/10/101.md?p=b-1) to whom this subsection applies by reason of subparagraph [(B)](#b-1-B) or [(C)](#b-1-C) of paragraph (1) may not hold, by election or appointment, a civil office in the government of a [State](/usc/10/4951.md?p=4) (or of any political subdivision of a [State](/usc/10/4951.md?p=4)) if the holding of such office while this subsection so applies to the [officer](/usc/10/101.md?p=b-1)—
      - (i) is prohibited under the laws of that [State](/usc/10/4951.md?p=4); or
      - (ii) as determined by the [Secretary](/usc/10/4951.md?p=3) of Defense or by the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=b-1)’s duties as an [officer](/usc/10/101.md?p=b-1) of the [armed forces](/usc/10/101.md?p=a-4).
    - (B) Except as otherwise authorized by law, while an [officer](/usc/10/101.md?p=b-1) referred to in [subparagraph (A)](#b-4-A) is serving on [active duty](/usc/10/101.md?p=d-1), the [officer](/usc/10/101.md?p=b-1) may not exercise the [functions](/usc/10/467.md?p=1) of a civil office held by the [officer](/usc/10/101.md?p=b-1) as described in that subparagraph.
  - (5) Nothing in this subsection shall be construed to invalidate any action undertaken by an [officer](/usc/10/101.md?p=b-1) in furtherance of assigned official duties.
  - (6) In this subsection, the term “[State](/usc/10/4951.md?p=4)” [includes](/usc/10/101.md?p=g-4) the District of Columbia and a territory, possession, or commonwealth of the [United States](/usc/10/101.md?p=a-1).
- (c) An [officer](/usc/10/101.md?p=b-1) to whom [subsection (b)](#b) applies may seek and hold nonpartisan civil office on an independent school board that is located exclusively on a [military](/usc/10/801.md?p=8) reservation.
- (d) The [Secretary](/usc/10/4951.md?p=3) of Defense, and the [Secretary](/usc/10/4951.md?p=3) of Homeland Security with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section.

## Source credit

(Added Pub. L. 90–235, § 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759; amended Pub. L. 96–513, title I, § 116, Dec. 12, 1980, 94 Stat. 2878; Pub. L. 98–94, title X, § 1002(a), Sept. 24, 1983, 97 Stat. 655; Pub. L. 101–510, div. A, title V, § 556, Nov. 5, 1990, 104 Stat. 1570; Pub. L. 106–65, div. A, title V, § 506, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 545, Nov. 24, 2003, 117 Stat. 1479; Pub. L. 118–31, div. A, title XVII, § 1722(f), Dec. 22, 2023, 137 Stat. 672.)

## Notes

### Editorial Notes

### Codification

Another section 1722(f) of Pub. L. 118–31 amended sections 802, 803, and 937 of this title.

### Amendments

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 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.

### Construction and Applicability of Section 973(b)

Pub. L. 98–94, title X, § 1002(b), (c), Sept. 24, 1983, 97 Stat. 655, 656, provided that: 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— to invalidate any action undertaken by an officer of an Armed Force in furtherance of assigned official duties; or 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. 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.”