10 U.S.C. § 973 — Duties: officers on active duty; perform-

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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title V, § 561(e), Feb. 10, 1996, 110 Stat. 323, provided that: ‘‘The amendments made by this section [enacting section 6328 of this title and amending this section and sections 1405, 3925, 3926, 8925, and 8926 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to any period of time covered by section 972 of title 10, United States Code, that occurs after that date.’’ § 973. Duties: officers on active duty; perform- ance of civil functions restricted (a) No officer of an armed force on active duty may accept employment if that employment re- quires him to be separated from his organiza- tion, branch, or unit, or interferes with the per- formance 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 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 of- fice 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 of- fice 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 rea- son 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 ap- plies by reason of subparagraph (B) or (C) of paragraph (1) may not hold, by election or ap- pointment, 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 sub- section so applies to the officer— (i) is prohibited under the laws of that State; or (ii) as determined by the Secretary of De- fense or by the Secretary of Homeland Secu- rity 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 ex- ercise the functions of a civil office held by the officer as described in that subparagraph. (5) Nothing in this subsection shall be con- strued to invalidate any action undertaken by an officer in furtherance of assigned official du- ties. (6) In this subsection, the term ‘‘State’’ in- cludes 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 exclu- sively on a military reservation. (d) The Secretary of Defense, and the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section. (Added Pub. L. 90–235, § 4(a)(5)(A), Jan. 2, 1968, 81 Stat. 759; amended Pub. L. 96–513, title I, § 116, Page 885 TITLE 10—ARMED FORCES § 974 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.) Editorial Notes CODIFICATION Another section 1722(f) of Pub. L. 118–31 amended sec- tions 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 subdivi- sion 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 gov- ernment)’’. 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 exer- cise 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 ‘‘reg- ular 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: ‘‘(b) Nothing in section 973(b) of title 10, United States Code, as in effect before the date of the enact- ment of this Act [Sept. 24, 1983], shall be construed— ‘‘(1) to invalidate any action undertaken by an offi- cer of an Armed Force in furtherance of assigned offi- cial duties; or ‘‘(2) to have terminated the military appointment of an officer of an Armed Force by reason of the ac- ceptance of a civil office, or the exercise of its func- tions, by that officer in furtherance of assigned offi- cial 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 de- scribed in such section for the term to which the Re- serve officer was elected or appointed if, before the date of the enactment of this Act [Sept. 24, 1983], the Re- serve 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.’’ § 974. Military musical units and musicians: per- formance policies; restriction on perform- ance in competition with local civilian musi- cians (a) MILITARY MUSICIANS PERFORMING IN AN OF- FICIAL CAPACITY.—(1) A military musical unit, and a member of the armed forces who is a mem- ber of such a unit performing in an official ca- pacity, may not engage in the performance of music in competition with local civilian musi- cians. (2) For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be in- cluded among the performances that are consid- ered to be a performance of music in competi- tion with local civilian musicians: (A) A performance that is more than inci- dental to an event that— (i) is not supported, in whole or in part, by United States Government funds; and (ii) is not free to the public. (B) A performance of background, dinner, dance, or other social music at an event that— (i) is not supported, in whole or in part, by United States Government funds; and (ii) is held at a location not on a military installation. (3) For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musi- cians: (A) A performance (including background, dinner, dance, or other social music) at an of- ficial United States Government event that is supported, in whole or in part, by United States Government funds. (B) A performance at a concert, parade, or other event, that— (i) is a patriotic event or a celebration of a national holiday; and (ii) is free to the public. (C) A performance that is incidental to an event that— (i) is not supported, in whole or in part, by United States Government funds; or (ii) is not free to the public. (D) A performance (including background, dinner, dance, or other social music) at— (i) an event that is sponsored by a military welfare society, as defined in section 2566 of this title; (ii) an event that is a traditional military event intended to foster the morale and wel-