10 U.S.C. § 802
|HISTORICAL AND REVISION NOTES 1956 ACT|
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|802||50:552.||May 5, 1950, ch. 169, §1 (Art. 2), 64 Stat. 109.|
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|802(11), (12)||50:552(11) and (12).||Aug. 1, 1956, ch. 852, §23, 70 Stat. 911.|
CONSTITUTIONALITYFor information regarding constitutionality of certain provisions of section 1 (Art. 2) of act May 5, 1950, ch. 169, cited as the source of this section, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
AMENDMENTS2016-Subsec. (a)(3). Pub. L. 114-328 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service." 2013-Subsec. (d)(1)(A). Pub. L. 113-66 substituted "a preliminary hearing under section 832" for "investigation under section 832". 2009-Subsec. (a)(13). Pub. L. 111-84 amended par. (13) generally. Prior to amendment, par. (13) read as follows: "Lawful enemy combatants (as that term is defined in section of this title) who violate the law of war." 2006-Subsec. (a)(10). Pub. L. 109-364 substituted "declared war or a contingency operation" for "war".Subsec. (a)(13). Pub. L. 109-366 added par. (13). 1996-Subsec. (e). Pub. L. 104-106 added subsec. (e). 1988-Subsec. (a)(11), (12). Pub. L. 100-456 struck out "the Canal Zone," before "the Commonwealth". 1986-Subsec. (a)(3). Pub. L. 99-661, §804(a)(1), substituted "on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service" for "they are on inactive duty training authorized by written orders which are voluntarily accepted by them and which specify that they are subject to this chapter". Subsec. (d). Pub. L. 99-661, §804(a)(2), added subsec. (d). 1983-Subsec. (a)(11), (12). Pub. L. 98-209, §13(a)(1), substituted "outside the Canal Zone" for "outside the following: the Canal Zone" and inserted "the Commonwealth of" before "Puerto Rico".Subsec. (b). Pub. L. 98-209, §13(a)(2), struck out "of this section" after "subsection (a)". 1980-Subsec. (a)(8). Pub. L. 96-513 substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration".1979- Pub. L. 96-107 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1966- Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in cl. (8). 1962- Pub. L. 87-651 inserted "Guam," after "Puerto Rico," in cls. (11) and (12). 1960- Pub. L. 86-624 struck out "the main group of the Hawaiian Islands," before "Puerto Rico" in cls. (11) and (12).1959- Pub. L. 86-70 struck out "that part of Alaska east of longitude 172 degrees west," before "the Canal Zone" in cls. (11) and (12).
EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114-328 and Ex. Ord. No. 13825, set out as notes under sectionof this title.
EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113-66, div. A, title XVII, §1702(d)(1), Dec. 26, 2013, 127 Stat. 958, as amended by Pub. L. 113-291, div. A, title V, §531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that: "The amendments made by subsections (a) and (c)(3) [amending this section and sections, , , , and of this title] shall take effect on the later of December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 [Dec. 19, 2014] and shall apply with respect to preliminary hearings conducted on or after that effective date."[ Pub. L. 113-291, div. A, title V, §531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that the amendment by section 531(g)(1) to section 1702(d)(1) of Pub. L. 113-66 set out above, is effective as of Dec. 26, 2013, and as if included in section 1702(d)(1) of Pub. L. 113-66 as enacted.]
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-661, div. A, title VIII, §804(e), Nov. 14, 1986, 100 Stat. 3908, provided that: "The amendments made by subsections (a) and (b) [amending this section and sectionof this title] shall apply only to an offense committed on or after the effective date of this title [see section 808 of Pub. L. 99-661 set out below]."Pub. L. 99-661, div. A, title VIII, §808, Nov. 14, 1986, 100 Stat. 3909, provided that: "Except as provided in sections 802(b), 805(c), and 807(b) [set out as notes under sections 850a, 843, and 806, respectively, of this title], this title and the amendments made by this title [enacting section of this title, amending this section and sections , , , , , , and of this title, and enacting provisions set out as notes under this section and sections , , , , , and of this title] shall take effect on the earlier of- "(1) the last day of the 120-day period beginning on the date of the enactment of this Act [Nov. 14, 1986]; or "(2) the date specified in an Executive order for such amendments to take effect."
EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-209 effective Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98-209 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513 set out as a note under sectionof this title.
REPEALSThe directory language of, but not the amendment made by, Pub. L. 89-718, §8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97-295, §6(b), Oct. 12, 1982, 96 Stat. 1314.
TRANSFER OF FUNCTIONS All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees. The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by sectionof Title 20, Education.
APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE TO MEMBERS OF THE ARMED FORCES ORDERED TO DUTY OVERSEAS IN INACTIVE DUTY FOR TRAINING STATUS Pub. L. 109-364, div. A, title V, §551, Oct. 17, 2006, 120 Stat. 2217, provided that: "Not later than March 1, 2007, the Secretaries of the military departments shall prescribe regulations, or amend current regulations, in order to provide that members of the Armed Forces who are ordered to duty at locations overseas in an inactive duty for training status are subject to the jurisdiction of the Uniform Code of Military Justice, pursuant to the provisions of section 802(a)(3) of title 10, United States Code (article 2(a)(3) of the Uniform Code of Military Justice), continuously from the commencement of execution of such orders to the conclusion of such orders."
ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS ACCOMPANYING ARMED FORCES IN TIME OF ARMED CONFLICT Pub. L. 104-106, div. A, title XI, §11511151,, 110 Stat. 467, directed the Secretary of Defense and the Attorney General, not later than 45 days after Feb. 10, 1996, to jointly appoint an advisory committee to review and make recommendations concerning the appropriate forum for criminal jurisdiction over civilians accompanying the Armed Forces outside the United States in time of armed conflict, directed the committee to transmit to the Secretary of Defense and the Attorney General a report setting forth its findings and recommendations not later than Dec. 15, 1996, directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Congress not later than Jan. 15, 1997, and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress.
EX. ORD. NO. 10631. CODE OF CONDUCT FOR MEMBERS OF THE ARMED FORCESEx. Ord. No. 10631, Aug. 17, 1955, 20 F.R. 6057, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12017, Nov. 3, 1977, 42 F.R. 57941; Ex. Ord. No. 12633, Mar. 28, 1988, 53 F.R. 10355; Ex. Ord. No. 13286, §76, Feb. 28, 2003, 68 F.R. 106231, provided: By virtue of the authority vested in me as President of the United States, and as Commander in Chief of the armed forces of the United States, I hereby prescribe the Code of Conduct for Members of the Armed Forces of the United States which is attached to this order and hereby made a part thereof.All members of the Armed Forces of the United States are expected to measure up to the standards embodied in this Code of Conduct while in combat or in captivity. To ensure achievement of these standards, members of the armed forces liable to capture shall be provided with specific training and instruction designed to better equip them to counter and withstand all enemy efforts against them, and shall be fully instructed as to the behavior and obligations expected of them during combat or captivity.The Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard except when it is serving as part of the Navy) shall take such action as is deemed necessary to implement this order and to disseminate and make the said Code known to all members of the armed forces of the United States.
CODE OF CONDUCT FOR MEMBERS OF THE UNITED STATES ARMED FORCESII am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense. III will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist. IIIIf I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.IVIf I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.V When questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.VII will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
- Air National Guard of the United States
- The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
- Army National Guard of the United States
- The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 712 1 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- inactive-duty training
- The term "inactive-duty training" means-(A) duty prescribed for Reserves by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- The term "rank" means the order of precedence among members of the armed forces.