US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 802

Art. 2. Persons subject to this chapter

(a)
The following persons are subject to this chapter:
(1)
section 20105 of this title Members of a regular component of the armed forces, and members of the Space Force on active duty under , 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)
(A)
While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i)
members of a reserve component or the Space Force; 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.
(4)
Retired members of a regular component of the armed forces who are entitled to pay.
(5)
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.
(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 declared war or a contingency operation, 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.
(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 (6 UST 3316), who violate the law of war.
(14)
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.
(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 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)
section 832 of this title a preliminary hearing under (article 32);
(B)
trial by court-martial; or
(C)
section 815 of this title nonjudicial punishment under (article 15).
(2)
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—
(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 or the Space Force.
(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)
section 876b(d)(2) of this title The provisions of this section are subject to (article 76b(d)(2)).

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, § 10476 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, § 552120 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, § 5102130 Stat. 2894 Pub. L. 118–31, div. A, title XVII, § 1722(f)(1)137 Stat. 671 Pub. L. 118–159, div. A, title V, § 561138 Stat. 1903 (, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

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”.

section 101(1) of this titleIn 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 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).

Aug. 1, 1956, ch. 852, § 23, 70 Stat. 911.

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

Editorial Notes

Codification

section 1722(f) of Pub. L. 118–31section 973 of this titleAnother amended .

Amendments

Pub. L. 118–1592024—Subsec. (a)(14). inserted “20601 or” before “20603”.

Pub. L. 118–31, § 1722(f)(1)(A)(i)section 20105 of this title2023—Subsec. (a)(1). , inserted “and members of the Space Force on active duty under ,” after “regular component of the armed forces,”.

Pub. L. 118–31, § 1722(f)(1)(A)(ii)Subsec. (a)(3)(A)(i). , inserted “or the Space Force” after “reserve component”.

Pub. L. 118–31, § 1722(f)(1)(A)(iii)Subsec. (a)(5). , inserted “, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay,” after “a reserve component”.

Pub. L. 118–31, § 1722(f)(1)(A)(iv)Subsec. (a)(14). , added par. (14).

Pub. L. 118–31, § 1722(f)(1)(B)(i)Subsec. (d)(1). , inserted “or the Space Force” after “reserve component” in introductory provisions.

Pub. L. 118–31, § 1722(f)(1)(B)(ii)Subsec. (d)(2). , inserted “or the Space Force” after “a reserve component” in introductory provisions.

Pub. L. 118–31, § 1722(f)(1)(B)(iii)Subsec. (d)(4). , inserted “or the Space Force” after “in a regular component of the armed forces”.

Pub. L. 114–3282016—Subsec. (a)(3). 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.”

Pub. L. 113–662013—Subsec. (d)(1)(A). substituted “a preliminary hearing under section 832” for “investigation under section 832”.

Pub. L. 111–84section 948a(2) of this title2009—Subsec. (a)(13). amended par. (13) generally. Prior to amendment, par. (13) read as follows: “Lawful enemy combatants (as that term is defined in ) who violate the law of war.”

Pub. L. 109–3642006—Subsec. (a)(10). substituted “declared war or a contingency operation” for “war”.

Pub. L. 109–366Subsec. (a)(13). added par. (13).

Pub. L. 104–1061996—Subsec. (e). added subsec. (e).

Pub. L. 100–4561988—Subsec. (a)(11), (12). struck out “the Canal Zone,” before “the Commonwealth”.

Pub. L. 99–661, § 804(a)(1)1986—Subsec. (a)(3). , 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”.

Pub. L. 99–661, § 804(a)(2)Subsec. (d). , added subsec. (d).

Pub. L. 98–209, § 13(a)(1)1983—Subsec. (a)(11), (12). , substituted “outside the Canal Zone” for “outside the following: the Canal Zone” and inserted “the Commonwealth of” before “Puerto Rico”.

Pub. L. 98–209, § 13(a)(2)Subsec. (b). , struck out “of this section” after “subsection (a)”.

Pub. L. 96–5131980—Subsec. (a)(8). substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

Pub. L. 96–1071979— designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Pub. L. 89–7181966— substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey” in cl. (8).

Pub. L. 87–6511962— inserted “Guam,” after “Puerto Rico,” in cls. (11) and (12).

Pub. L. 86–6241960— struck out “the main group of the Hawaiian Islands,” before “Puerto Rico” in cls. (11) and (12).

Pub. L. 86–701959— 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

section 3508(b) of Title 20The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by , Education.

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Effective Date of 2013 Amendment

Pub. L. 113–66, div. A, title XVII, § 1702(d)(1)127 Stat. 958 Pub. L. 113–291, div. A, title V, § 531(g)(1)128 Stat. 3365

“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.”
, , , as amended by , , , provided that:

Pub. L. 113–291, div. A, title V, § 531(g)(1)128 Stat. 3365 section 1702(d)(1) of Pub. L. 113–66section 1702(d)(1) of Pub. L. 113–66[, , , provided that the amendment by section 531(g)(1) to , set out above, is effective as of , and as if included in , as enacted.]

Effective Date of 1986 Amendment

Pub. L. 99–661, div. A, title VIII, § 804(e)100 Stat. 3908

section 803 of this titlesection 808 of Pub. L. 99–661“The amendments made by subsections (a) and (b) [amending this section and ] shall apply only to an offense committed on or after the effective date of this title [see , set out below].”
, , , provided that:

Pub. L. 99–661, div. A, title VIII, § 808100 Stat. 3909

section 850a of this title“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 , 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.”
, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 98–209section 12(a)(1) of Pub. L. 98–209section 801 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Repeals

Pub. L. 89–718, § 8(a)80 Stat. 1117 Pub. L. 97–295, § 6(b)96 Stat. 1314 The directory language of, but not the amendment made by, , , , cited as a credit to this section, was repealed by , , .

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, § 551120 Stat. 2217

section 802(a)(3) of title 10“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 , 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.”
, , , provided that:

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

Pub. L. 104–106, div. A, title XI, § 1151110 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

80 Stat. 1610 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, , 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.