
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC802]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 802. Art. 2. Persons subject to this chapter

    (a) The following persons are subject to this chapter:
        (1) Members of a regular component of the armed forces, 
    including those awaiting discharge after expiration of their terms 
    of enlistment; volunteers from the time of their muster or 
    acceptance into the armed forces; inductees from the time of their 
    actual induction into the armed forces; and other persons lawfully 
    called or ordered into, or to duty in or for training in, the armed 
    forces, from the dates when they are required by the terms of the 
    call or order to obey it.
        (2) Cadets, aviation cadets, and midshipmen.
        (3) 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.
        (4) Retired members of a regular component of the armed forces 
    who are entitled to pay.
        (5) Retired members of a reserve component who are receiving 
    hospitalization from an armed force.
        (6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
        (7) Persons in custody of the armed forces serving a sentence 
    imposed by a court-martial.
        (8) Members of the National Oceanic and Atmospheric 
    Administration, Public Health Service, and other organizations, when 
    assigned to and serving with the armed forces.
        (9) Prisoners of war in custody of the armed forces.
        (10) In time of war, persons serving with or accompanying an 
    armed force in the field.
        (11) Subject to any treaty or agreement to which the United 
    States is or may be a party or to any accepted rule of international 
    law, persons serving with, employed by, or accompanying the armed 
    forces outside the United States and outside the Commonwealth of 
    Puerto Rico, Guam, and the Virgin Islands.
        (12) Subject to any treaty or agreement to which the United 
    States is or may be a party or to any accepted rule of international 
    law, persons within an area leased by or otherwise reserved or 
    acquired for the use of the United States which is under the control 
    of the Secretary concerned and which is outside the United States 
    and outside the Commonwealth of Puerto Rico, Guam, and the Virgin 
    Islands.

    (b) The voluntary enlistment of any person who has the capacity to 
understand the significance of enlisting in the armed forces shall be 
valid for purposes of jurisdiction under subsection (a) and a change of 
status from civilian to member of the armed forces shall be effective 
upon the taking of the oath of enlistment.
    (c) Notwithstanding any other provision of law, a person serving 
with an armed force who--
        (1) submitted voluntarily to military authority;
        (2) met the mental competency and minimum age qualifications of 
    sections 504 and 505 of this title at the time of voluntary 
    submission to military authority;
        (3) received military pay or allowances; and
        (4) performed military duties;

is subject to this chapter until such person's active service has been 
terminated in accordance with law or regulations promulgated by the 
Secretary concerned.
    (d)(1) A member of a reserve component who is not on active duty and 
who is made the subject of proceedings under section 815 (article 15) or 
section 830 (article 30) with respect to an offense against this chapter 
may be ordered to active duty involuntarily for the purpose of--
        (A) investigation under section 832 of this title (article 32);
        (B) trial by court-martial; or
        (C) nonjudicial punishment under section 815 of this title 
    (article 15).

    (2) A member of a reserve component may not be ordered to active 
duty under paragraph (1) except with respect to an offense committed 
while the member was--
        (A) on active duty; or
        (B) 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.

    (3) Authority to order a member to active duty under paragraph (1) 
shall be exercised under regulations prescribed by the President.
    (4) A member may be ordered to active duty under paragraph (1) only 
by a person empowered to convene general courts-martial in a regular 
component of the armed forces.
    (5) A member ordered to active duty under paragraph (1), unless the 
order to active duty was approved by the Secretary concerned, may not--
        (A) be sentenced to confinement; or
        (B) be required to serve a punishment consisting of any 
    restriction on liberty during a period other than a period of 
    inactive-duty training or active duty (other than active duty 
    ordered under paragraph (1)).

    (e) The provisions of this section are subject to section 876b(d)(2) 
of this title (article 76b(d)(2)).

(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86-70, Sec. 6(b), June 
25, 1959, 73 Stat. 142; Pub. L. 86-624, Sec. 4(b), July 12, 1960, 74 
Stat. 411; Pub. L. 87-651, title I, Sec. 104, Sept. 7, 1962, 76 Stat. 
508; Pub. L. 89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-
107, title VIII, Sec. 801(a), Nov. 9, 1979, 93 Stat. 810; Pub. L. 96-
513, title V, Sec. 511(24), Dec. 12, 1980, 94 Stat. 2922; Pub. L. 98-
209, Sec. 13(a), Dec. 6, 1983, 97 Stat. 1408; Pub. L. 99-661, div. A, 
title VIII, Sec. 804(a), Nov. 14, 1986, 100 Stat. 3906; Pub. L. 100-456, 
div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. 
L. 104-106, div. A, title XI, Sec. 1133(b), Feb. 10, 1996, 110 Stat. 
466.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
802...................................  50:552.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              2
), 64 Stat. 109.
-------------------------------------------------------------------------------
---------------------------------

    In clause (1), the words ``Members of'' are substituted for the 
words ``All persons belonging to''. The words ``all'' and ``the same'' 
are omitted as surplusage. The word ``when'' is inserted after the word 
``dates''.
    In clauses (1) and (8), the words ``of the United States'' are 
omitted as surplusage.
    In clause (3), the words ``Members of a reserve component'' are 
substituted for the words ``Reserve personnel''. The word ``orders'' in 
the last clause is omitted as surplusage.
    In clause (4), the word ``receive'' is omitted as surplusage.
    In clauses (4) and (5), the word ``members'' is substituted for the 
word ``personnel''.
    In clause (8), the word ``members'' is substituted for the word 
``personnel''.
    In clauses (11) and (12), the word ``outside'' is substituted for 
the word ``without'' wherever it occurs. The words ``the continental 
limits of'' are omitted, since section 101(1) of this title defines the 
United States to include the States and the District of Columbia. The 
words ``the provision of'', ``all'', and ``territories'' are omitted as 
surplusage.
    In clause (12), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of a Department''.

                                                    1962 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
802(11), (12).........................  50:552(11) and (12).                 Au
g. 1, 1956, ch. 852, Sec.  23, 70
                                                                              S
tat. 911.
-------------------------------------------------------------------------------
---------------------------------

    The Act of August 1, 1956, was enacted during the pendency of the 
codification bill.


                               Amendments

    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, Sec. 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, Sec. 804(a)(2), added subsec. (d).
    1983--Subsec. (a)(11), (12). Pub. L. 98-209, Sec. 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, Sec. 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 1986 Amendment

    Section 804(e) of Pub. L. 99-661 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 803 
of 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].''
    Section 808 of Pub. L. 99-661 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 850a of this title, 
amending this section and sections 803, 806, 825, 843, 860, 936, and 937 
of this title, and enacting provisions set out as notes under this 
section and sections 801, 806, 825, 843, 850a, and 860 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 section 801 of 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 section 101 of this 
title.


                                 Repeals

    The directory language of, but not the amendment made by, Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 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 section 3508(b) of Title 20, 
Education.


     Advisory Committee on Criminal Law Jurisdiction Over Civilians 
           Accompanying Armed Forces in Time of Armed Conflict

    Section 1151 of Pub. L. 104-106 provided that:
    ``(a) Establishment.--Not later than 45 days after the date of the 
enactment of this Act [Feb. 10, 1996], the Secretary of Defense and the 
Attorney General shall jointly appoint an advisory committee to review 
and make recommendations concerning the appropriate forum for criminal 
jurisdiction over civilians accompanying the Armed Forces in the field 
outside the United States in time of armed conflict.
    ``(b) Membership.--The committee shall be composed of at least five 
individuals, including experts in military law, international law, and 
Federal civilian criminal law. In making appointments to the committee, 
the Secretary and the Attorney General shall ensure that the members of 
the committee reflect diverse experiences in the conduct of prosecution 
and defense functions.
    ``(c) Duties.--The committee shall do the following:
        ``(1) Review historical experiences and current practices 
    concerning the use, training, discipline, and functions of civilians 
    accompanying the Armed Forces in the field.
        ``(2) Based upon such review and other information available to 
    the committee, develop specific recommendations concerning the 
    advisability and feasibility of establishing United States criminal 
    law jurisdiction over persons who as civilians accompany the Armed 
    Forces in the field outside the United States during time of armed 
    conflict not involving a war declared by Congress, including whether 
    such jurisdiction should be established through any of the following 
    means (or a combination of such means depending upon the degree of 
    the armed conflict involved):
            ``(A) Establishing court-martial jurisdiction over such 
        persons.
            ``(B) Extending the jurisdiction of the Article III courts 
        to cover such persons.
            ``(C) Establishing an Article I court to exercise criminal 
        jurisdiction over such persons.
        ``(3) Develop such additional recommendations as the committee 
    considers appropriate as a result of the review.
    ``(d) Report.--(1) Not later than December 15, 1996, the advisory 
committee shall transmit to the Secretary of Defense and the Attorney 
General a report setting forth its findings and recommendations, 
including the recommendations required under subsection (c)(2).
    ``(2) Not later than January 15, 1997, the Secretary of Defense and 
the Attorney General shall jointly transmit the report of the advisory 
committee to Congress. The Secretary and the Attorney General may 
include in the transmittal any joint comments on the report that they 
consider appropriate, and either such official may include in the 
transmittal any separate comments on the report that such official 
considers appropriate.
    ``(e) Definitions.--For purposes of this section:
        ``(1) The term `Article I court' means a court established under 
    Article I of the Constitution.
        ``(2) The term `Article III court' means a court established 
    under Article III of the Constitution.
    ``(f) Termination of Committee.--The advisory committee shall 
terminate 30 days after the date on which the report of the committee is 
submitted to Congress under subsection (d)(2).''

   Ex. Ord. No. 10631. Code of Conduct for Members of the Armed Forces

    Ex. 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, 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 Transportation 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 Forces

                                I

    I 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.

                               II

    I 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.

                               III

    If 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.

                               IV

    If 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.

                               VI

    I 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 876b, 937 of this title.
