PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 655 which he is a member, except that during such year only one commissioned officer of the Armed Forces occupying the position of Director of Central Intelligence or Deputy Director of Central Intel- ligence as provided for in section 102 of the National Security Act of 1947 (50 U.S.C. 403) or the position of Director of the Intelligence Community Staff may be exempt from such numbers and percent- ages at any one time. PERFORMANCE OF CIVIL FUNCTIONS BY MILITARY OFFICERS SEC. 1002. (a) Section 973 of title 10, United States Code, is amended by striking out subsection (b) and inserting in lieu thereof the following: "(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 180 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 180 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. i^9%M "(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 may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State, the District of Columbia, or a territory, possession, or com- monwealth of the United States (or of any political subdivision of any such government). "(4) Nothing in this subsection shall be construed to invalidate any action undertaken by an officer in furtherance of assigned official duties. "(c) The Secretary of Defense, and the Secretary of Transportation Regulations, with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section.". (b) Nothing in section 973(b) of title 10, United States Code, as in lo usc 973 note. effect before the date of the enactment of this Act, 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.
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