10 U.S.C. § 973 : US Code - Section 973: Duties: officers on active duty; performance of civil functions restricted

Search 10 U.S.C. § 973 : US Code - Section 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 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).
(4)(A) 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 -
(i) is prohibited under the laws of that State; or
(ii) 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.
(B) 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.
(5) Nothing in this subsection shall be construed to invalidate
any action undertaken by an officer in furtherance of assigned
official duties.
(6) In this subsection, the term "State" includes the District of
Columbia and a territory, possession, or commonwealth of the United
States.
(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 Homeland
Security with respect to the Coast Guard when it is not operating
in the Navy, shall prescribe regulations to implement this section.