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”.
The Act of August 1, 1956, was enacted during the pendency of the codification bill.
Editorial Notes
Amendments
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 2013 Amendment
Pub. L. 113–66, div. A, title XVII, § 1702(d)(1), Dec. 26, 2013, 127 Stat. 958, as amended by Pub. L. 113–291, div. A, title V, § 531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that:
“The amendments made by subsections (a) and (c)(3) [amending this section and sections
832,
834,
838,
847, and
948b of this title] shall take effect on the later of
December 26, 2014, or the date of the enactment of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 [
Dec. 19, 2014] and shall apply with respect to preliminary hearings conducted on or after that effective date.”
[Pub. L. 113–291, div. A, title V, § 531(g)(1), Dec. 19, 2014, 128 Stat. 3365, provided that the amendment by section 531(g)(1) to section 1702(d)(1) of Pub. L. 113–66, set out above, is effective as of Dec. 26, 2013, and as if included in section 1702(d)(1) of Pub. L. 113–66, as enacted.]
Effective Date of 1986 Amendment
Pub. L. 99–661, div. A, title VIII, § 804(e), Nov. 14, 1986, 100 Stat. 3908, provided that:
“The amendments made by subsections (a) and (b) [amending this section and
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, Nov. 14, 1986, 100 Stat. 3909, provided that:
“Except as provided in sections 802(b), 805(c), and 807(b) [set out as notes under sections 850a, 843, and 806, respectively, of this title], this title and the amendments made by this title [enacting section 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.”
Repeals
The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
Applicability of Uniform Code of Military Justice to Members of the Armed Forces Ordered to Duty Overseas in Inactive Duty for Training Status
Pub. L. 109–364, div. A, title V, § 551, Oct. 17, 2006, 120 Stat. 2217, provided that:
“Not later than
March 1, 2007, the Secretaries of the
military departments shall prescribe regulations, or amend current regulations, in order to provide that members of the Armed Forces who are ordered to duty at locations overseas in an inactive duty for training status are subject to the jurisdiction of the
Uniform Code of Military Justice, pursuant to the provisions of
section 802(a)(3) of title 10, United States Code (article 2(a)(3) of the
Uniform Code of Military Justice), continuously from the commencement of execution of such orders to the conclusion of such orders.”
Advisory Committee on Criminal Law Jurisdiction Over Civilians Accompanying Armed Forces in Time of Armed Conflict
Pub. L. 104–106, div. A, title XI, § 1151, Feb. 10, 1996, 110 Stat. 467, directed the Secretary of Defense and the Attorney General, not later than 45 days after Feb. 10, 1996, to jointly appoint an advisory committee to review and make recommendations concerning the appropriate forum for criminal jurisdiction over civilians accompanying the Armed Forces outside the United States in time of armed conflict, directed the committee to transmit to the Secretary of Defense and the Attorney General a report setting forth its findings and recommendations not later than Dec. 15, 1996, directed the Secretary of Defense and the Attorney General to jointly transmit the report of the committee to Congress not later than Jan. 15, 1997, and provided that the committee would terminate 30 days after the date on which the report had been submitted to Congress.
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 June 25, 1966, 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, Aug. 17, 1955, 20 F.R. 6057, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12017, Nov. 3, 1977, 42 F.R. 57941; Ex. Ord. No. 12633, Mar. 28, 1988, 53 F.R. 10355; Ex. Ord. No. 13286, § 76, Feb. 28, 2003, 68 F.R. 106231, provided:
By virtue of the authority vested in me as President of the United States, and as Commander in Chief of the armed forces of the United States, I hereby prescribe the Code of Conduct for Members of the Armed Forces of the United States which is attached to this order and hereby made a part thereof.
All members of the Armed Forces of the United States are expected to measure up to the standards embodied in this Code of Conduct while in combat or in captivity. To ensure achievement of these standards, members of the armed forces liable to capture shall be provided with specific training and instruction designed to better equip them to counter and withstand all enemy efforts against them, and shall be fully instructed as to the behavior and obligations expected of them during combat or captivity.
The Secretary of Defense (and the Secretary of Homeland Security with respect to the Coast Guard except when it is serving as part of the Navy) shall take such action as is deemed necessary to implement this order and to disseminate and make the said Code known to all members of the armed forces of the United States.
Code of Conduct for Members of the United States Armed 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.
