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10 U.S.C. § 973 — Duties: officers on active duty; performance of civil functions restricted
Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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; and
(D) to an officer on the Space Force officer list serving on active duty under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim) or 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 sub
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Source file: Laws/federal/codes/united-states-code/title-10/section-973-duties-officers-on-active-duty-performance-of-civil-functions-restricted--a219e7a0d0.md
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Source location: Title 10, Chapter 49, § 973; chapter-049-miscellaneous-prohibitions-and-penalties.md
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**(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;
(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; and
(D) to an officer on the Space Force officer list serving on active duty under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim) or 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsections (d) and (e), the head of an agency may enter into contracts for periods of not more than five years for services described in subsection (b), and for items of supply related to such services, for which funds would otherwise be available for obligation only within the fiscal year for which appropriated whenever the head of the agency finds that—
(1) there will be a continuing requirement for the services consonant with current plans for the proposed contract period;
(2) the furnishing of such services will require a substantial initial investment in plant or equipment, or the incurrence of substantial contingent liabilities for the assembly, training, or transportation of a specialized work force; and
(3) the use of such a contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
**(b) Covered Services.—** The authority under subsection (a) applies to the following types of services:
(1) Operation, maintenance, and support of facilities and installations.
(2) Maintenance or modification of aircraft, ships, vehicles, and other highly complex military equipment.
(3) Specialized training necessitating high quality instructor skills (for example, pilot and air crew members; foreign language training).
(4) Base services (for example, ground maintenance; in-plane refueling; bus transportation; refuse collection and disposal).
(5) Environmental remediation services for—
(A) an active military installation;
(B) a military installation being closed or realigned under a base closure law; or
(C) a site formerly used by the Department of Defense.
**(c) Applicable Principles.—** In entering into multiyear contracts for services under the authori
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program.—** The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 6338.
**(b) Purposes.—** The purposes of the consortium under subsection (a) are as follows:
(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.
(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.
(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats.
**(c) Duties.—**
(1) The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.
(2) The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—
(A) defense nuclear nonproliferation;
(B) arms control;
(C) nuclear deterrence;
(D) the study of foreign nuclear programs;
(E) nuclear security; or
(F) educating and training the next generation of defense nuclear policy experts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6362
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipmen.
(3)
(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i) members of a reserve component or the Space Force; and
(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
(B) The periods referred to in subparagraph (A) are the following:
(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
**(b)** Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim) (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
**(c)** No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
**(d)** A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 803
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Navy may employ as many civilians as he considers necessary to serve at the Naval Postgraduate School under the direction of the President of the school as senior professors, professors, associate professors, assistant professors, and instructors. The Secretary shall prescribe the compensation of those persons.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enlisted Members.—**
(1) The sections (articles) of this chapter specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)—
(A) the member’s initial entrance on active duty;
(B) the member’s initial entrance into a duty status with a reserve component; or
(C) the member’s initial entrance on active duty or into a space force active status.
(2) Such sections (articles) shall be explained again—
(A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit training;
(B) after a member of the 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) at the time when the member reenlists.
(3) This subsection applies with respect to sections 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).
**(b) Officers.—**
(1) The sections (articles) of this chapter specified in paragraph (2) shall be carefully explained to each officer at the time of (or within six months after)—
(A) the initial entrance of the officer on active duty as an officer; or
(B) the initial commissioning of the officer in a reserve component or the Space Force.
(2) This subsection applies with respect to the sections (articles) specified in subsection (a)(3) and such other sections (articles) as the Secretary concerned may prescribe by regulation.
**(c) Training for Certain Officers.—** Under regulations prescribed by the Secretary concerned, officers with the authority to convene courts-martial or
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment and Compensation.—** The Administrator of General Services, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5, may appoint and fix the compensation of personnel necessary to carry out chapters 1, 3, and 5 of this title and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(b) Temporary Employment.—** The Administrator may procure the temporary or intermittent services of experts or consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) to the extent the Administrator finds necessary to carry out chapters 1, 3, and 5 of this title and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
**(c) Personnel From Other Agencies.—** Notwithstanding [section 973 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section973&num=0&edition=prelim) or any other law, in carrying out functions under this subtitle the Administrator may use the services of personnel (including armed services personnel) from an executive agency other than the General Services Administration with the consent of the head of the agency.
**(d) Detail of Field Personnel to District of Columbia.—** The Administrator, in the Administrator’s discretion, may detail field personnel of the Administration to the District of Columbia for temporary duty for a period of not more than 30 days in any one case. Subsistence or similar expenses may not be allowed for an employee on temporary duty in the District of Columbia under this paragraph.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Archivist is authorized to select, appoint, employ, and fix the compensation of such officers and employees, pursuant to part III of title 5, as are necessary to perform the functions of the Archivist and the Administration.
(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of [section 2203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2203&num=0&edition=prelim),11 See References in Text note below. a director at each Presidential archival depository established under [section 2112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2112&num=0&edition=prelim). The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appointments in the competitive service and the Senior Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall perform such other functions as the Archivist may specify.
**(b)** The Archivist is authorized to obtain the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(c)** Notwithstanding the provisions of [section 973 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section973&num=0&edition=prelim) or any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to
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Federal law — U.S. Code and appendices · legal_authorities
Page 884
TITLE 10—ARMED FORCES
§ 973
(B) the trial results in an acquittal of the
charge.
(2) For each charge resulting in a conviction
in such trial—
(A) the conviction is set aside in a final
disposition of such charge, other than in a
grant of clemency; or
(B) a judgment of acquittal or a dismissal
is entered upon a reversal of the conviction
on appeal.
(Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72
Stat. 1443; amended Pub. L. 104–106, div. A, title
V, § 561(a)–(c)(1), Feb. 10, 1996, 110 Stat. 321, 322;
Pub. L. 105–85, div. A, title X, § 1073(a)(14), Nov.
18, 1997, 111 Stat. 1900; Pub. L. 108–375, div. A,
title V, § 572, Oct. 28, 2004, 118 Stat. 1921.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
972 ..........
10 App.:629a.
34 App.:183b.
July 24, 1956, ch. 692, § 1,
70 Stat. 631.
Editorial Notes
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–375 added subsec. (c).
1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘Feb-
ruary 10, 1996’’ for ‘‘the date of the enactment of the
National Defense Authorization Act for Fiscal Year
1996’’ in introductory provisions.
1996—Pub. L. 104–106, § 561(c)(1), substituted ‘‘Mem-
bers: effect of time lost’’ for ‘‘Enlisted members: re-
quired to make up time lost’’ as section catchline.
Pub. L. 104–106, § 561(a), designated existing provisions
as subsec. (a), inserted heading, added par. (3), redesig-
nated par. (5) as (4), struck out former pars. (3) and (4),
and added subsec. (b). Prior to amendment, subsec.
(a)(3) and (4) read as follows:
‘‘(3) is confined for more than one day while awaiting
trial and disposition of his case, and whose conviction
has become final;
‘‘(4) is confined for more than one day under a sen-
tence that has become final; or’’.
Statut
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