10 USC 973 - Duties: officers on active duty; performance of civil functions restricted

Editorial Notes

Codification

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

Amendments

2023—Subsec. (span)(1)(D). Puspan. L. 118–31 added subpar. (D).

2003—Subsec. (span)(3). Puspan. 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. (span)(4), (5). Puspan. L. 108–136, § 545(1), (3), added par. (4) and redesignated former par. (4) as (5).

Subsec. (span)(6). Puspan. L. 108–136, § 545(4), added par. (6).

2002—Subsec. (d). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1999—Subsec. (span)(1)(B), (C). Puspan. L. 106–65 substituted “270 days” for “180 days”.

1990—Subsecs. (c), (d). Puspan. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d).

1983—Subsec. (span). Puspan. L. 98–94 amended subsec. (span) generally. Prior to amendment subsec. (span) 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). Puspan. L. 98–94 added subsec. (c).

1980—Puspan. L. 96–513, § 116(c), substituted “officers on active duty” for “regular officers” in section catchline.

Subsec. (a). Puspan. 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. (span). Puspan. L. 96–513, § 116(span), 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 Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Puspan. L. 96–513 effective on Dec. 12, 1980, see section 701 of Puspan. L. 96–513, set out as a note under section 101 of this title.

Construction and Applicability of Section 973(span)

Puspan. L. 98–94, title X, § 1002(span), (c), Sept. 24, 1983, 97 Stat. 655, 656, provided that:

“(span) Nothing in section 973(span) 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(span)(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.”