Notes on 10 U.S.C. § 802 : US Code - Notes

Search Notes on 10 U.S.C. § 802 : US Code - Notes

(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; Pub. L.
109-364, div. A, title V, Sec. 552, Oct. 17, 2006, 120 Stat. 2217;
Pub. L. 109-366, Sec. 4(a)(1), Oct. 17, 2006, 120 Stat. 2631.)
HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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802 50:552. May 5, 1950, ch. 169,
Sec. 1 (Art. 2), 64
Stat. 109.
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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802(11), 50:552(11) and (12). Aug. 1, 1956, ch. 852,
(12) Sec. 23, 70 Stat. 911.
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The Act of August 1, 1956, was enacted during the pendency of the
codification bill.
AMENDMENTS
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, 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.
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, Sec. 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, Sec. 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.
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
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.