Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 802. Art. 2. Persons subject to this chapter
Statutory text
The following persons are subject to this chapter:
Members of a regular component of the armed forces, and members of the Space Force on active duty under section 20105 of this title, 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.
Cadets, aviation cadets, and midshipmen.
While on inactive-duty training and during any of the periods specified in subparagraph (B)—
members of a reserve component or the Space Force; and
members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
The periods referred to in subparagraph (A) are the following:
Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
Retired members of a regular component of the armed forces who are entitled to pay.
Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
Members of the Fleet Reserve and Fleet Marine Corps Reserve.
Persons in custody of the armed forces serving a sentence imposed by a court-martial.
Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.
Prisoners of war in custody of the armed forces.
In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field.
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.
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.
Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva (6 UST 3316), who violate the law of war.
Retired members of the Space Force who qualified for a regular retirement under section 20601 or 20603 of this title and are receiving retired pay.
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.
Notwithstanding any other provision of law, a person serving with an armed force who—
submitted voluntarily to military authority;
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;
received military pay or allowances; and
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.
A member of a reserve component or the Space Force 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 preliminary hearing under section 832 of this title (article 32);
trial by court-martial; or
nonjudicial punishment under section 815 of this title (article 15).
A member of a reserve component or the Space Force may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was—
on active duty; or
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.
Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
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 or the Space Force.
A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not—
be sentenced to confinement; or
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)).
The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 37 · 70A Stat. 37
Enacted · 10 U.S.C. § 802
Aug. 10, 1956, ch. 1041, 70A Stat. 37
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 37Alaska Omnibus Act
Pub. L. 86–70 § 6(b) · 73 Stat. 141
Struck · 10 U.S.C. § 802
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)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(b) Title 10, United States Code, sections 802(11) and 802(12), 70A Stat. 37, 38. are each amended by striking out the words “that part of Alaska east of longitude 172 degrees west,”.Hawaii Omnibus Act
Pub. L. 86–624 § 4(b) · 74 Stat. 411
Struck · 10 U.S.C. § 802
Pub. L. 86–624 struck out “the main group of the Hawaiian Islands,” before “Puerto Rico” in cls. (11) and (12)
Source evidence
Code amendment note
Pub. L. 86–624 struck out “the main group of the Hawaiian Islands,” before “Puerto Rico” in cls. (11) and (12).Enacted provision · exact public law section
(b) Title 10, United States Code, sections 802(11) and 802(12), are 70A Stat. 38. each amended by striking out the words “the main group of the Hawaiian Islands,”.Pub. L. 87–651 title I § 104 · 76 Stat. 506
Inserted · 10 U.S.C. § 802
Pub. L. 87–651 inserted “Guam,” after “Puerto Rico,” in cls. (11) and (12)
Source evidence
Code amendment note
Pub. L. 87–651 inserted “Guam,” after “Puerto Rico,” in cls. (11) and (12).Enacted provision · exact public law section
Sec. 104. Clauses (11) and (12) of section 802 of title 10, United States Code, are amended by inserting “Guam,” after “Puerto Rico,”.Pub. L. 89–718 § 8(a) · 80 Stat. 1113
Substituted · 10 U.S.C. § 802
Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (8)
Source evidence
Code amendment note
Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (8).Enacted provision · exact public law section
(a) Sections 802(8), 1072(1), 1073, 1208(a)(2)(B), 1213, 1444(a), 2733(f), 2771(b), 4537, 7204(a)(1)(D), 7205(a)(4), 7211 (a)(4), 7218(b). 7571(a)(3), 7572(a)(3), 7576(a)(3), and 9537 of title 10, United States Code, are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.Department of Defense Authorization Act, 1980
Pub. L. 96–107 title VIII § 801(a) · 93 Stat. 803
Amended · 10 U.S.C. § 802
Pub. L. 96–107 designated existing provisions as subsec. (a)
Added · 10 U.S.C. § 802
Pub. L. 96–107 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 96–107 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
(a) Section 802 of title 10, United States Code (article 2 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a) before “The” at the beginning of such section; and (2) by adding at the end thereof the following new subsections: “(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) of this section 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.”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(24) · 94 Stat. 2835
Substituted · 10 U.S.C. § 802(a)(8)
Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.Enacted provision · exact public law section
(24) Section 802(a)(8) is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”.Military Justice Act of 1983
Pub. L. 98–209 § 13(a)(1) · 97 Stat. 1393
Substituted · 10 U.S.C. § 802(a)(11); 10 U.S.C. § 802(a)(12)
Pub. L. 98–209, § 13(a)(1), substituted “outside the Canal Zone” for “outside the following: the Canal Zone”
Inserted · 10 U.S.C. § 802(a)(11); 10 U.S.C. § 802(a)(12)
Pub. L. 98–209, § 13(a)(1), inserted “the Commonwealth of” before “Puerto Rico”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) 10 USC 802. Clauses (11) and (12) of subsection (a) of section 802 (article 802) are amended— (A) by striking out “the following:”; and (B) by inserting “the Commonwealth of” before “Puerto Rico”.Military Justice Act of 1983
Pub. L. 98–209 § 13(a)(2) · 97 Stat. 1393
Struck · 10 U.S.C. § 802(b)
Pub. L. 98–209, § 13(a)(2), struck out “of this section” after “subsection (a)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–209, § 13(a)(2), struck out “of this section” after “subsection (a)”.Enacted provision · exact public law section
(2) Subsection (b) of such section (article) is amended by striking out “of this section”.Military Justice Amendments of 1986
Pub. L. 99–661 § 804(a)(1) · 100 Stat. 3816
Substituted · 10 U.S.C. § 802(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) Paragraph (3) of section 802(a) (article 2(a)) is amended to read as follows: “(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.”.Military Justice Amendments of 1986
Pub. L. 99–661 § 804(a)(2) · 100 Stat. 3816
Added · 10 U.S.C. § 802(d)
Pub. L. 99–661, § 804(a)(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–661, § 804(a)(2), added subsec. (d).Enacted provision · exact public law section
(2) Section 802 (article 2) is further amended by adding at the end the following new subsection: “(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)).”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(a)(1) · 102 Stat. 1918
Struck · 10 U.S.C. § 802(a)(11); 10 U.S.C. § 802(a)(12)
Pub. L. 100–456 struck out “the Canal Zone,” before “the Commonwealth”
Source evidence
Code amendment note
Subsec. (a)(11), (12). Pub. L. 100–456 struck out “the Canal Zone,” before “the Commonwealth”.Enacted provision · exact public law section
(1) Sections 101(3), 101(10), 101(12), 269(g), 281, 594(b), 672(d), 771a(c), 802(a)(11), 802(a)(12), 936(a), 1002(c), 3040(a), 3218, 3225, 3259, 3352(a), 3363(b), 3390(a), 3392, 3500 (first sentence), 3501(a), 3501(b), 3845, 3848(c)(1), 3851(a), 3851(d)(1), 3852(a), 4301(c), 8218, 8225, 8259, 8352(a), 8360(b), 8363(a), 8381(a), 8392, 8500 (first sentence), 8501(a), 8501(b), 8845, 8851(a), 8852(a), and 9301(c) are each amended by striking out “the Canal Zone,” each place it appears.Military Justice Amendments of 1995
Pub. L. 104–106 div. A title XI § 1133(b) · 110 Stat. 186
Added · 10 U.S.C. § 802(e)
Pub. L. 104–106 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–106 added subsec. (e).Enacted provision · exact public law section
(b) Conforming Amendment.— Section 802 (article 2) is amended by adding at the end the following new subsection: “(e) The provisions of this section are subject to section 876b(d)(2) of this title (article 76b(d)(2)).”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title V § 552 · 120 Stat. 2083
Substituted · 10 U.S.C. § 802(a)(10)
Pub. L. 109–364 substituted “declared war or a contingency operation” for “war”
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 109–364 substituted “declared war or a contingency operation” for “war”.Enacted provision · exact public law section
SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF MILITARY JUSTICE DURING A TIME OF WAR. Paragraph (10) of section 802(a) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), is amended by striking “war” and inserting “declared war or a contingency operation”.Military Commissions Act of 2006
Pub. L. 109–366 § 4(a)(1) · 120 Stat. 2600
Added · 10 U.S.C. § 802(a)(13)
Pub. L. 109–366 added par. (13)
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 109–366 added par. (13).Enacted provision · exact public law section
(1) Applicability to lawful enemy combatants.— Section 802(a) (article 2(a)) is amended by adding at the end the following new paragraph: “(13) Lawful enemy combatants (as that term is defined in section 948a(2) of this title) who violate the law of war.” .Military Commissions Act of 2009
Pub. L. 111–84 div. A title XVIII § 1803(a)(1) · 123 Stat. 2190
Amended · 10 U.S.C. § 802(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 948a(2) of this title) who violate the law of war.”
Source evidence
Code amendment note
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 948a(2) of this title) who violate the law of war.”Enacted provision · exact public law section
(1) Persons subject to ucmj.— Paragraph (13) of section 802(a) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), is amended to read as follows: “(13) Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316), who violate the law of war.” .National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. A title XVII § 1702(c)(3)(A) · 127 Stat. 672
Substituted · 10 U.S.C. § 802(d)(1)(A)
Pub. L. 113–66 substituted “a preliminary hearing under section 832” for “investigation under section 832”
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 113–66 substituted “a preliminary hearing under section 832” for “investigation under section 832”.Enacted provision · exact public law section
(A) Section 802(d)(1)(A) of such title (article 2(d)(1)(A) of the Uniform Code of Military Justice) is amended by striking “investigation under section 832” and inserting “a preliminary hearing under section 832”.Military Justice Act of 2016
Pub. L. 114–328 div. E title LI § 5102 · 130 Stat. 2000
Amended · 10 U.S.C. § 802(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE ON INACTIVE-DUTY TRAINING. Paragraph (3) of section 802(a) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), is amended to read as follows: “(3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— “(i) members of a reserve component; and “(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. “(B) The periods referred to in subparagraph (A) are the following: “(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. “(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. “(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.” .Effective date note
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 section 801 of this title.Space Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(A)(i) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(a)(1)
Pub. L. 118–31, § 1722(f)(1)(A)(i), inserted “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–31, § 1722(f)(1)(A)(i), inserted “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”.Enacted provision · exact public law section
(i) in paragraph (1), by inserting “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”;Space Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(A)(ii) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(a)(3)(A)(i)
Pub. L. 118–31, § 1722(f)(1)(A)(ii), inserted “or the Space Force” after “reserve component”
Source evidence
Code amendment note
Subsec. (a)(3)(A)(i). Pub. L. 118–31, § 1722(f)(1)(A)(ii), inserted “or the Space Force” after “reserve component”.Enacted provision · exact public law section
(ii) in paragraph (3)(A)(i), by inserting “or the Space Force” after “reserve component”;Space Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(A)(iii) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(a)(5)
Pub. L. 118–31, § 1722(f)(1)(A)(iii), inserted “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 118–31, § 1722(f)(1)(A)(iii), inserted “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”.Enacted provision · exact public law section
(iii) in paragraph (5), by inserting “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”; andSpace Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(A)(iv) · 137 Stat. 136
Added · 10 U.S.C. § 802(a)(14)
Pub. L. 118–31, § 1722(f)(1)(A)(iv), added par. (14)
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 118–31, § 1722(f)(1)(A)(iv), added par. (14).Enacted provision · exact public law section
(iv) by adding at the end the following new paragraph: “(14) Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay.” ; andSpace Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(B)(i) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(d)(1)
Pub. L. 118–31, § 1722(f)(1)(B)(i), inserted “or the Space Force” after “reserve component” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(1)(B)(i), inserted “or the Space Force” after “reserve component” in introductory provisions.Enacted provision · exact public law section
(i) in paragraph (1), by inserting “or the Space Force” after “reserve component”;Space Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(B)(ii) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(d)(2)
Pub. L. 118–31, § 1722(f)(1)(B)(ii), inserted “or the Space Force” after “a reserve component” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 118–31, § 1722(f)(1)(B)(ii), inserted “or the Space Force” after “a reserve component” in introductory provisions.Enacted provision · exact public law section
(ii) in paragraph (2), by inserting “or the Space Force” after “a reserve component”; andSpace Force Personnel Management Act
Pub. L. 118–31 § 1722(f)(1)(B)(iii) · 137 Stat. 136
Inserted · 10 U.S.C. § 802(d)(4)
Pub. L. 118–31, § 1722(f)(1)(B)(iii), inserted “or the Space Force” after “in a regular component of the armed forces”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 118–31, § 1722(f)(1)(B)(iii), inserted “or the Space Force” after “in a regular component of the armed forces”.Enacted provision · exact public law section
(iii) in paragraph (4), by inserting “or the Space Force” after “in a regular component of the armed forces”.Pub. L. 118–159 div. A title V § 561 · 138 Stat. 1903
Inserted · 10 U.S.C. § 802(a)(14)
Pub. L. 118–159 inserted “20601 or” before “20603”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 118–159 inserted “20601 or” before “20603”.
26 of 28 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
historicalAndRevision
| 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. |
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”.
historicalAndRevision
| 1962 Act | ||
|---|---|---|
| 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. |
The Act of , was enacted during the pendency of the codification bill.
Editorial Notes
Codification
Another section 1722(f) of Pub. L. 118–31 amended section 973 of this title.
Amendments1959–2024 · 16 rounds
2024
Subsec. (a)(14). Pub. L. 118–159 inserted “20601 or” before “20603”.
2023
Subsec. (a)(1). Pub. L. 118–31, § 1722(f)(1)(A)(i), inserted “and members of the Space Force on active duty under section 20105 of this title,” after “regular component of the armed forces,”.
Subsec. (a)(3)(A)(i). Pub. L. 118–31, § 1722(f)(1)(A)(ii), inserted “or the Space Force” after “reserve component”.
Subsec. (a)(5). Pub. L. 118–31, § 1722(f)(1)(A)(iii), inserted “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”.
Subsec. (a)(14). Pub. L. 118–31, § 1722(f)(1)(A)(iv), added par. (14).
Subsec. (d)(1). Pub. L. 118–31, § 1722(f)(1)(B)(i), inserted “or the Space Force” after “reserve component” in introductory provisions.
Subsec. (d)(2). Pub. L. 118–31, § 1722(f)(1)(B)(ii), inserted “or the Space Force” after “a reserve component” in introductory provisions.
Subsec. (d)(4). Pub. L. 118–31, § 1722(f)(1)(B)(iii), inserted “or the Space Force” after “in a regular component of the armed forces”.
2016
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 948a(2) 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).
Statutory Notes and Related Subsidiaries
Change of Name
The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by section 3508(b) of Title 20, Education.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on , 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 section 801 of this title.
Effective Date of 2013 Amendment
Pub. L. 113–66, div. A, title XVII, § 1702(d)(1), , 127 Stat. 958, as amended by Pub. L. 113–291, div. A, title V, § 531(g)(1), , 128 Stat. 3365, provided that: “The amendments made by subsections (a) and (c)(3) [amending this section and sections 832, 834, 838, 847, and 948b of this title] shall take effect on the later of , or the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 [] 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), , 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 , 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), , 100 Stat. 3908, 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].”
Pub. L. 99–661, div. A, title VIII, § 808, , 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 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 []; 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 , 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 , 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, § 8(a), , 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), , 96 Stat. 1314.
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, , 120 Stat. 2217, provided that: “Not later than , 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, § 1151, , 110 Stat. 467, directed the Secretary of Defense and the Attorney General, not later than 45 days after , 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 , directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Congress not later than , and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress.
Executive Documents
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 , set out in the Appendix to Title 5, Government Organization and Employees.
Ex. Ord. No. 10631. Code of Conduct for Members of the Armed Forces
Ex. Ord. No. 10631, , 20 F.R. 6057, as amended by Ex. Ord. No. 11382, , 32 F.R. 16247; Ex. Ord. No. 12017, , 42 F.R. 57941; Ex. Ord. No. 12633, , 53 F.R. 10355; Ex. Ord. No. 13286, § 76, , 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 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.
Credits
1956–2024 · 18 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 37
- 1959Pub. L. 86–70, § 6(b), , 73 Stat. 142
- 1960Pub. L. 86–624, § 4(b), , 74 Stat. 411
- 1962Pub. L. 87–651, title I, § 104, , 76 Stat. 508
- 1966Pub. L. 89–718, § 8(a), , 80 Stat. 1117
- 1979Pub. L. 96–107, title VIII, § 801(a), , 93 Stat. 810
- 1980Pub. L. 96–513, title V, § 511(24), , 94 Stat. 2922
- 1983Pub. L. 98–209, § 13(a), , 97 Stat. 1408
- 1986Pub. L. 99–661, div. A, title VIII, § 804(a), , 100 Stat. 3906
- 1988Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059
- 1996Pub. L. 104–106, div. A, title XI, § 1133(b), , 110 Stat. 466
- 2006Pub. L. 109–364, div. A, title V, § 552, , 120 Stat. 2217
- 2006Pub. L. 109–366, § 4(a)(1), , 120 Stat. 2631
- 2009Pub. L. 111–84, div. A, title XVIII, § 1803(a)(1), , 123 Stat. 2612
- 2013Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(A), , 127 Stat. 957
- 2016Pub. L. 114–328, div. E, title LI, § 5102, , 130 Stat. 2894
- 2023Pub. L. 118–31, div. A, title XVII, § 1722(f)(1), , 137 Stat. 671
- 2024Pub. L. 118–159, div. A, title V, § 561, , 138 Stat. 1903.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 37; Pub. L. 86–70, § 6(b), , 73 Stat. 142; Pub. L. 86–624, § 4(b), , 74 Stat. 411; Pub. L. 87–651, title I, § 104, , 76 Stat. 508; Pub. L. 89–718, § 8(a), , 80 Stat. 1117; Pub. L. 96–107, title VIII, § 801(a), , 93 Stat. 810; Pub. L. 96–513, title V, § 511(24), , 94 Stat. 2922; Pub. L. 98–209, § 13(a), , 97 Stat. 1408; Pub. L. 99–661, div. A, title VIII, § 804(a), , 100 Stat. 3906; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059; Pub. L. 104–106, div. A, title XI, § 1133(b), , 110 Stat. 466; Pub. L. 109–364, div. A, title V, § 552, , 120 Stat. 2217; Pub. L. 109–366, § 4(a)(1), , 120 Stat. 2631; Pub. L. 111–84, div. A, title XVIII, § 1803(a)(1), , 123 Stat. 2612; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(A), , 127 Stat. 957; Pub. L. 114–328, div. E, title LI, § 5102, , 130 Stat. 2894; Pub. L. 118–31, div. A, title XVII, § 1722(f)(1), , 137 Stat. 671; Pub. L. 118–159, div. A, title V, § 561, , 138 Stat. 1903.)