
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC801]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 801. Article 1. Definitions

    In this chapter:
        (1) The term ``Judge Advocate General'' means, severally, the 
    Judge Advocates General of the Army, Navy, and Air Force and, except 
    when the Coast Guard is operating as a service in the Navy, the 
    General Counsel of the Department of Transportation.
        (2) The Navy, the Marine Corps, and the Coast Guard when it is 
    operating as a service in the Navy, shall be considered as one armed 
    force.
        (3) The term ``commanding officer'' includes only commissioned 
    officers.
        (4) The term ``officer in charge'' means a member of the Navy, 
    the Marine Corps, or the Coast Guard designated as such by 
    appropriate authority.
        (5) The term ``superior commissioned officer'' means a 
    commissioned officer superior in rank or command.
        (6) The term ``cadet'' means a cadet of the United States 
    Military Academy, the United States Air Force Academy, or the United 
    States Coast Guard Academy.
        (7) The term ``midshipman'' means a midshipman of the United 
    States Naval Academy and any other midshipman on active duty in the 
    naval service.
        (8) The term ``military'' refers to any or all of the armed 
    forces.
        (9) The term ``accuser'' means a person who signs and swears to 
    charges, any person who directs that charges nominally be signed and 
    sworn to by another, and any other person who has an interest other 
    than an official interest in the prosecution of the accused.
        (10) The term ``military judge'' means an official of a general 
    or special court-martial detailed in accordance with section 826 of 
    this title (article 26).
        (11) The term ``law specialist'' means a commissioned officer of 
    the Coast Guard designated for special duty (law).
        (12) The term ``legal officer'' means any commissioned officer 
    of the Navy, Marine Corps, or Coast Guard designated to perform 
    legal duties for a command.
        (13) The term ``judge advocate'' means--
            (A) an officer of the Judge Advocate General's Corps of the 
        Army or the Navy;
            (B) an officer of the Air Force or the Marine Corps who is 
        designated as a judge advocate; or
            (C) an officer of the Coast Guard who is designated as a law 
        specialist.

        (14) The term ``record'', when used in connection with the 
    proceedings of a court-martial, means--
            (A) an official written transcript, written summary, or 
        other writing relating to the proceedings; or
            (B) an official audiotape, videotape, or similar material 
        from which sound, or sound and visual images, depicting the 
        proceedings may be reproduced.

        (15) The term ``classified information'' means (A) any 
    information or material that has been determined by an official of 
    the United States pursuant to law, an Executive order, or regulation 
    to require protection against unauthorized disclosure for reasons of 
    national security, and (B) any restricted data, as defined in 
    section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
        (16) The term ``national security'' means the national defense 
    and foreign relations of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 36; Pub. L. 89-670, Sec. 10(g), Oct. 
15, 1966, 80 Stat. 948; Pub. L. 90-179, Sec. 1(1), (2), Dec. 8, 1967, 81 
Stat. 545; Pub. L. 90-632, Sec. 2(1), Oct. 24, 1968, 82 Stat. 1335; Pub. 
L. 98-209, Secs. 2(a), 6(a), Dec. 6, 1983, 97 Stat. 1393, 1400; Pub. L. 
100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; 
Pub. L. 100-456, div. A, title XII, Sec. 1233(f)(1), Sept. 29, 1988, 102 
Stat. 2057; Pub. L. 104-106, div. A, title XI, Sec. 1141(b), Feb. 10, 
1996, 110 Stat. 467.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
801...................................  50:551 (less (9)).                   Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              1
 (less (9))), 64 Stat. 108.
-------------------------------------------------------------------------------
---------------------------------

    The words ``In this chapter'' are substituted for the introductory 
clause.
    In the introductory clause and throughout the revised chapter the 
word ``chapter'' is substituted for the word ``code''.
    Clauses (1), (2), and (5) of 50:551 are omitted as respectively 
covered by the definitions in clauses (4), (6), and (14) of section 101 
of this title. The words ``commissioned officer'' are substituted for 
the word ``officer'' for clarity throughout this chapter, since the 
latter term was defined in the limited sense of commissioned officer in 
clause (5) of 50:551, and is now covered by section 101(14) of this 
title.
    In clauses (1), (4)-(7), and (9)-(12) of the revised section, the 
word ``means'' is substituted for the words ``shall be construed to 
refer to'' and ``shall be construed to refer * * * to''.
    In clause (1), the words ``service in'' are substituted for the 
words ``part of'' to conform to section 1 of title 14. The words 
``Department of the Treasury'' are substituted for the words ``Treasury 
Department''.
    Clauses (3) and (4) are inserted for clarity.
    In clause (6), the words ``the United States Air Force Academy'' are 
inserted to reflect its establishment by the Air Force Academy Act (63 
Stat. 47).
    In clause (8), the word ``refers'' is substituted for the words 
``shall be construed to refer''.
    In clause (12), the words ``Marine Corps'' are inserted to make 
explicit that the clause applies to the Marine Corps. The word 
``commissioned'' is inserted for clarity.


                               Amendments

    1996--Cls. (15), (16). Pub. L. 104-106 added cls. (15) and (16).
    1988--Cl. (1). Pub. L. 100-456 substituted ``term `Judge'' for 
``term `judge''.
    1987--Cls. (1), (3) to (14). Pub. L. 100-180 inserted ``The term'' 
after each clause designation and revised first word in quotes in each 
clause to make initial letter of such word lowercase.
    1983--Cl. (13). Pub. L. 98-209, Sec. 2(a), added officers of the 
Coast Guard who are designated as law specialists to definition of 
``Judge Advocate''.
    Cl. (14). Pub. L. 98-209, Sec. 6(a), added cl. (14).
    1968--Cl. (10). Pub. L. 90-632 substituted ``military judge'' for 
``law officer'' as term being defined and inserted reference to special 
court-martial in the definition thereof.
    1967--Cl. (11). Pub. L. 90-179, Sec. 1(1), struck out ``Navy or'' 
before ``Coast Guard''.
    Cl. (13). Pub. L. 90-179, Sec. 1(2), added cl. (13).
    1966--Pub. L. 89-670 substituted the General Counsel of the 
Department of Transportation for the General Counsel of the Department 
of the Treasury in definition of ``Judge Advocate General'' applicable 
to the Coast Guard when operating as a service in the Navy.


                    Effective Date of 1983 Amendment

    Section 12(a) of Pub. L. 98-209 provided that:
    ``(1) The amendments made by this Act [see Short Title of 1983 
Amendment note below] shall take effect on the first day of the eighth 
calendar month that begins after the date of enactment of this Act [Dec. 
6, 1983], except that the amendments made by sections 9, 11 and 13 
[amending sections 802, 815, 825, 867, 1552, and 1553 of this title and 
enacting provisions set out as a note under section 867 of this title] 
shall be effective on the date of the enactment of this Act. The 
amendments made by section 11 [amending sections 1552 and 1553 of this 
title] shall only apply with respect to cases filed after the date of 
enactment of this Act with the boards established under sections 1552 
and 1553 of title 10, United States Code.
    ``(2) The amendments made by section 3(c) and 3(e) [amending 
sections 826, 827, and 838 of this title] do not affect the designation 
or detail of a military judge or military counsel to a court-martial 
before the effective date of such amendments.
    ``(3) The amendments made by section 4 [amending section 834 of this 
title] shall not apply to any case in which charges were referred to 
trial before the effective date of such amendments, and proceedings in 
any such case shall be held in the same manner and with the same effect 
as if such amendments had not been enacted.
    ``(4) The amendments made by sections 5, 6, and 7 [amending this 
section and sections 849, 854, 857, 860 to 867, 869, 871, and 876a of 
this title and enacting provisions set out as a note under section 869 
of this title] shall not apply to any case in which the findings and 
sentence were adjudged by a court-martial before the effective date of 
such amendments. The proceedings in any such case shall be held in the 
same manner and with the same effect as if such amendments had not been 
enacted.
    ``(5) The amendments made by section 8 [enacting section 912a of 
this title] shall not apply to any offense committed before the 
effective date of such amendments. Nothing in this provision shall be 
construed to invalidate the prosecution of any offense committed before 
the effective date of such amendments.''


                    Effective Date of 1968 Amendment

    Section 4 of Pub. L. 90-632 provided that:
    ``(a) Except for the amendments made by paragraphs (30) and (33) of 
section 2, this Act [see Short Title of 1968 Amendment note below] shall 
become effective on the first day of the tenth month following the month 
in which it is enacted [October 1968].
    ``(b) The amendment made by paragraph (30) of section 2 [amending 
section 869 of this title] shall become effective upon the date of 
enactment of this Act [Oct. 24, 1968].
    ``(c) The amendment made by paragraph (33) [amending section 873 of 
this title] shall apply in the case of all court-martial sentences 
approved by the convening authority on or after, or not more than two 
years before, the date of its enactment [Oct. 24, 1968].''


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by 
the President and published in the Federal Register, see section 16(a), 
formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 
1967, 32 F.R. 5453.


                             Effective Date

    Section 51 of act Aug. 10, 1956, provided that: ``Chapter 47 of 
title 10, United States Code, enacted by section 1 of this Act, takes 
effect January 1, 1957.''


                      Short Title of 1996 Amendment

    Section 1101 of title XI of div. A of Pub. L. 104-106 provided that: 
``This title [enacting sections 857a, 858b, and 876b of this title, 
amending this section and sections 802, 832, 847, 857, 860, 862, 866, 
895, 920, and 937 of this title, repealing section 804 of Title 37, Pay 
and Allowances of the Uniformed Services, enacting provisions set out as 
notes under sections 802, 857, 858b, and 876b of this title, and 
amending provisions set out as a note under section 942 of this title] 
may be cited as the `Military Justice Amendments of 1995'.''


                      Short Title of 1986 Amendment

    Pub. L. 99-661, div. A, title VIII, Sec. 801(a), Nov. 14, 1986, 100 
Stat. 3905, provided that: ``This title [enacting section 850a of this 
title, amending sections 802, 803, 806, 825, 843, 860, 936, and 937 of 
this title, and enacting provisions set out as notes under sections 802, 
806, 825, 843, 850a, and 860 of this title] may be cited as the 
`Military Justice Amendments of 1986'.''


                      Short Title of 1983 Amendment

    Section 1(a) of Pub. L. 98-209 provided that: ``This Act [enacting 
sections 912a of this title and section 1259 of Title 28, Judiciary and 
Judicial Procedure, amending this section, sections 802, 806, 815, 816, 
825, 826, 827, 829, 834, 838, 842, 849, 854, 857, 860 to 867, 869, 870, 
871, 876a, 936, 1552, and 1553 of this title, and section 2101 of Title 
28, and enacting provisions set out as notes under sections 801, 867, 
and 869 of this title and amending provisions set out as a note under 
section 706 of this title] may be cited as the `Military Justice Act of 
1983'.''


                      Short Title of 1981 Amendment

    Pub. L. 97-81, Sec. 1(a), Nov. 20, 1981, 95 Stat. 1085, provided 
that: ``This Act [enacting sections 706, 707, and 876a of this title, 
amending sections 701, 813, 832, 838, 867, and 869 of this title, and 
enacting provisions set out as a note under section 706 of this title] 
may be cited as the `Military Justice Amendments of 1981'.''


                      Short Title of 1968 Amendment

    Section 1 of Pub. L. 90-632 provided: ``That this Act [amending this 
section and sections 806, 816, 818, 819, 820, 825, 826, 827, 829, 835, 
837, 838, 839, 840, 841, 842, 845, 849, 851, 852, 854, 857, 865, 866, 
867, 868, 869, 870, 871, 873, and 936 of this title and enacting 
provisions set out as notes under this section and sections 826 and 866 
of this title] may be cited as the `Military Justice Act of 1968'.''


        Redesignation of Navy Law Specialists as Judge Advocates

    Navy law specialists redesignated judge advocates, see section 8 of 
Pub. L. 90-179, set out as a note under section 5148 of this title.


                            Savings Provision

    Rights, duties, and proceedings not affected by Pub. L. 90-179 
establishing Judge Advocate General's Corps in Navy, see section 10 of 
Pub. L. 90-179, set out as a note under section 5148 of this title.


                        Legislative Construction

    Section 49(e) of act Aug. 10, 1956, provided that: ``In chapter 47 
of title 10, United States Code [this chapter], enacted by section 1 of 
this Act, no inference of a legislative construction is to be drawn from 
the part in which any article is placed nor from the catchlines of the 
part or the article as set out in that chapter.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1044, 1044d of this title; 
title 18 section 3267; title 37 section 321; title 42 section 665.
