AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS TO HOLD STATE AND LOCAL OFFICE NOTWITHSTANDING CALL TO ACTIVE DUTY.

SEC. 545. AUTHORITY FOR RESERVE AND RETIRED REGULAR OFFICERS TO HOLD STATE AND LOCAL OFFICE NOTWITHSTANDING CALL TO ACTIVE DUTY. Section 973(b) of title 10, United States Code, is amended—(1) by redesignating paragraph (4) as paragraph (5);(2) in paragraph (3)—(A) by inserting “by reason of subparagraph (A) of paragraph (1)” after “applies”; and(B) by striking “, the District of Columbia,” and all that follows through “such government)” and inserting “(or of any political subdivision of a State)”; and(3) by inserting after paragraph (3) the following new paragraph (4):“(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.”; and(4) by adding at the end the following:“(6) In this subsection, the term ‘State’ includes the District of Columbia and a territory, possession, or commonwealth of the United States.”.