(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)).
Historical And Revision Notes
Revised Source (U.S. Code) Source (Statutes at section Large)
802 50:552. May 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 Source (U.S. Code) Source (Statutes at section Large)
802(11), 50:552(11) and (12). Aug. 1, 1956, ch. 852, (12) Sec. 23, 70 Stat. 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; Ex. Ord. No. 13286, Sec. 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 FORCES
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.