-CITE- 10 USC CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE -HEAD- CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE Subc Sec. Art hapter . -------------------------------------------------------------------- I. General Provisions 801 1 II. Apprehension and Restraint 807 7 III. Non-Judicial Punishment 815 15 IV. Court-Martial Jurisdiction 816 16 V. Composition of Courts-Martial 822 22 VI. Pre-Trial Procedure 830 30 VII. Trial Procedure 836 36 VIII. Sentences 855 55 IX. Post-Trial Procedure and Review of 859 59 Courts-Martial X. Punitive Articles 877 77 XI. Miscellaneous Provisions 935 135 XII. United States Court of Appeals for the Armed 941 141 Forces -------------------------------------------------------------------- -MISC1- AMENDMENTS 1994 - Pub. L. 103-337, div. A, title IX, Sec. 924(c)(3)(B), Oct. 5, 1994, 108 Stat. 2832, substituted "United States Court of Appeals for the Armed Forces" for "Court of Military Appeals" in item for subchapter XII. 1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(1), Nov. 29, 1989, 103 Stat. 1576, added item for subchapter XII. 1983 - Pub. L. 98-209, Sec. 5(h)(1), Dec. 6, 1983, 97 Stat. 1400, substituted "IX. Post-Trial Procedure and Review of Courts-Martial" for "IX. Review of Courts-Martial". 1958 - Pub. L. 85-861, Sec. 33(a)(6), Sept. 2, 1958, 72 Stat. 1564, substituted 801, 807, 815, 816, 822, 830, 836, 855, 859, 877 and 935 for 1901, 1913, 1929, 1931, 1943, 1959, 1971, 2009, 2017, 2053 and 2169, respectively. -End- -CITE- 10 USC SUBCHAPTER I - GENERAL PROVISIONS 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS Sec. Art. -------------------------------------------------------------------- 801. 1. Definitions. 802. 2. Persons subject to this chapter. 803. 3. Jurisdiction to try certain personnel. 804. 4. Dismissed officer's right to trial by court-martial. 805. 5. Territorial applicability of this chapter. 806. 6. Judge advocates and legal officers. 806a. 6a. Investigation and disposition of matters pertaining to the fitness of military judges. -------------------------------------------------------------------- -MISC1- AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XIII, Sec. 1304(a)(2), Nov. 29, 1989, 103 Stat. 1576, added item 806a. -End- -CITE- 10 USC Sec. 801 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 801. Article 1. Definitions -STATUTE- In this chapter: (1) The term "Judge Advocate General" means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term "commanding officer" includes only commissioned officers. (4) The term "officer in charge" means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term "superior commissioned officer" means a commissioned officer superior in rank or command. (6) The term "cadet" means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term "midshipman" means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term "military" refers to any or all of the armed forces. (9) The term "accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term "military judge" means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26). [(11) Repealed. Pub. L. 109-241, title II, Sec. 218(a)(1), July 11, 2006, 120 Stat. 526.] (12) The term "legal officer" means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command. (13) The term "judge advocate" means - (A) an officer of the Judge Advocate General's Corps of the Army or the Navy; (B) an officer of the Air Force or the Marine Corps who is designated as a judge advocate; or (C) a commissioned officer of the Coast Guard designated for special duty (law). (14) The term "record", when used in connection with the proceedings of a court-martial, means - (A) an official written transcript, written summary, or other writing relating to the proceedings; or (B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. (15) The term "classified information" means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (16) The term "national security" means the national defense and foreign relations of the United States. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 36; Pub. L. 89-670, Sec. 10(g), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-179, Sec. 1(1), (2), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90-632, Sec. 2(1), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98-209, Secs. 2(a), 6(a), Dec. 6, 1983, 97 Stat. 1393, 1400; Pub. L. 100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100-456, div. A, title XII, Sec. 1233(f)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 104-106, div. A, title XI, Sec. 1141(b), Feb. 10, 1996, 110 Stat. 467; Pub. L. 107-296, title XVII, Sec. 1704(b)(2), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109-241, title II, Sec. 218(a), July 11, 2006, 120 Stat. 526.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 801 50:551 (less (9)). May 5, 1950, ch. 169, Sec. 1 (Art. 1 (less (9))), 64 Stat. 108. -------------------------------------------------------------------- The words "In this chapter" are substituted for the introductory clause. In the introductory clause and throughout the revised chapter the word "chapter" is substituted for the word "code". Clauses (1), (2), and (5) of 50:551 are omitted as respectively covered by the definitions in clauses (4), (6), and (14) of section 101 of this title. The words "commissioned officer" are substituted for the word "officer" for clarity throughout this chapter, since the latter term was defined in the limited sense of commissioned officer in clause (5) of 50:551, and is now covered by section 101(14) of this title. In clauses (1), (4)-(7), and (9)-(12) of the revised section, the word "means" is substituted for the words "shall be construed to refer to" and "shall be construed to refer * * * to". In clause (1), the words "service in" are substituted for the words "part of" to conform to section 1 of title 14. The words "Department of the Treasury" are substituted for the words "Treasury Department". Clauses (3) and (4) are inserted for clarity. In clause (6), the words "the United States Air Force Academy" are inserted to reflect its establishment by the Air Force Academy Act (63 Stat. 47). In clause (8), the word "refers" is substituted for the words "shall be construed to refer". In clause (12), the words "Marine Corps" are inserted to make explicit that the clause applies to the Marine Corps. The word "commissioned" is inserted for clarity. AMENDMENTS 2006 - Cl. (11). Pub. L. 109-241, Sec. 218(a)(1), struck out cl. (11) which read as follows: "The term 'law specialist' means a commissioned officer of the Coast Guard designated for special duty (law)." Cl. (13)(C). Pub. L. 109-241, Sec. 218(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: "an officer of the Coast Guard who is designated as a law specialist." 2002 - Cl. (1). Pub. L. 107-296 substituted "an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security" for "the General Counsel of the Department of Transportation". 1996 - Cls. (15), (16). Pub. L. 104-106 added cls. (15) and (16). 1988 - Cl. (1). Pub. L. 100-456 substituted "term 'Judge" for "term 'judge". 1987 - Cls. (1), (3) to (14). Pub. L. 100-180 inserted "The term" after each clause designation and revised first word in quotes in each clause to make initial letter of such word lowercase. 1983 - Cl. (13). Pub. L. 98-209, Sec. 2(a), added officers of the Coast Guard who are designated as law specialists to definition of "Judge Advocate". Cl. (14). Pub. L. 98-209, Sec. 6(a), added cl. (14). 1968 - Cl. (10). Pub. L. 90-632 substituted "military judge" for "law officer" as term being defined and inserted reference to special court-martial in the definition thereof. 1967 - Cl. (11). Pub. L. 90-179, Sec. 1(1), struck out "Navy or" before "Coast Guard". Cl. (13). Pub. L. 90-179, Sec. 1(2), added cl. (13). 1966 - Pub. L. 89-670 substituted the General Counsel of the Department of Transportation for the General Counsel of the Department of the Treasury in definition of "Judge Advocate General" applicable to the Coast Guard when operating as a service in the Navy. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Section 12(a) of Pub. L. 98-209 provided that: "(1) The amendments made by this Act [see Short Title of 1983 Amendment note below] shall take effect on the first day of the eighth calendar month that begins after the date of enactment of this Act [Dec. 6, 1983], except that the amendments made by sections 9, 11 and 13 [amending sections 802, 815, 825, 867, 1552, and 1553 of this title and enacting provisions set out as a note under section 867 of this title] shall be effective on the date of the enactment of this Act. The amendments made by section 11 [amending sections 1552 and 1553 of this title] shall only apply with respect to cases filed after the date of enactment of this Act with the boards established under sections 1552 and 1553 of title 10, United States Code. "(2) The amendments made by section 3(c) and 3(e) [amending sections 826, 827, and 838 of this title] do not affect the designation or detail of a military judge or military counsel to a court-martial before the effective date of such amendments. "(3) The amendments made by section 4 [amending section 834 of this title] shall not apply to any case in which charges were referred to trial before the effective date of such amendments, and proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. "(4) The amendments made by sections 5, 6, and 7 [amending this section and sections 849, 854, 857, 860 to 867, 869, 871, and 876a of this title and enacting provisions set out as a note under section 869 of this title] shall not apply to any case in which the findings and sentence were adjudged by a court-martial before the effective date of such amendments. The proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been enacted. "(5) The amendments made by section 8 [enacting section 912a of this title] shall not apply to any offense committed before the effective date of such amendments. Nothing in this provision shall be construed to invalidate the prosecution of any offense committed before the effective date of such amendments." EFFECTIVE DATE OF 1968 AMENDMENT Section 4 of Pub. L. 90-632 provided that: "(a) Except for the amendments made by paragraphs (30) and (33) of section 2, this Act [see Short Title of 1968 Amendment note below] shall become effective on the first day of the tenth month following the month in which it is enacted [October 1968]. "(b) The amendment made by paragraph (30) of section 2 [amending section 869 of this title] shall become effective upon the date of enactment of this Act [Oct. 24, 1968]. "(c) The amendment made by paragraph (33) [amending section 873 of this title] shall apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before, the date of its enactment [Oct. 24, 1968]." EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. EFFECTIVE DATE Section 51 of act Aug. 10, 1956, provided that: "Chapter 47 of title 10, United States Code, enacted by section 1 of this Act, takes effect January 1, 1957." SHORT TITLE OF 1996 AMENDMENT Section 1101 of title XI of div. A of Pub. L. 104-106 provided that: "This title [enacting sections 857a, 858b, and 876b of this title, amending this section and sections 802, 832, 847, 857, 860, 862, 866, 895, 920, and 937 of this title, repealing section 804 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under sections 802, 857, 858b, and 876b of this title, and amending provisions set out as a note under section 942 of this title] may be cited as the 'Military Justice Amendments of 1995'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-661, div. A, title VIII, Sec. 801(a), Nov. 14, 1986, 100 Stat. 3905, provided that: "This title [enacting section 850a of this title, amending sections 802, 803, 806, 825, 843, 860, 936, and 937 of this title, and enacting provisions set out as notes under sections 802, 806, 825, 843, 850a, and 860 of this title] may be cited as the 'Military Justice Amendments of 1986'." SHORT TITLE OF 1983 AMENDMENT Section 1(a) of Pub. L. 98-209 provided that: "This Act [enacting sections 912a of this title and section 1259 of Title 28, Judiciary and Judicial Procedure, amending this section, sections 802, 806, 815, 816, 825, 826, 827, 829, 834, 838, 842, 849, 854, 857, 860 to 867, 869, 870, 871, 876a, 936, 1552, and 1553 of this title, and section 2101 of Title 28, and enacting provisions set out as notes under sections 801, 867, and 869 of this title and amending provisions set out as a note under section 706 of this title] may be cited as the 'Military Justice Act of 1983'." SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-81, Sec. 1(a), Nov. 20, 1981, 95 Stat. 1085, provided that: "This Act [enacting sections 706, 707, and 876a of this title, amending sections 701, 813, 832, 838, 867, and 869 of this title, and enacting provisions set out as a note under section 706 of this title] may be cited as the 'Military Justice Amendments of 1981'." SHORT TITLE OF 1968 AMENDMENT Section 1 of Pub. L. 90-632 provided: "That this Act [amending this section and sections 806, 816, 818, 819, 820, 825, 826, 827, 829, 835, 837, 838, 839, 840, 841, 842, 845, 849, 851, 852, 854, 857, 865, 866, 867, 868, 869, 870, 871, 873, and 936 of this title and enacting provisions set out as notes under this section and sections 826 and 866 of this title] may be cited as the 'Military Justice Act of 1968'." REDESIGNATION OF NAVY LAW SPECIALISTS AS JUDGE ADVOCATES Navy law specialists redesignated judge advocates, see section 8 of Pub. L. 90-179, set out as a note under section 5148 of this title. SAVINGS PROVISION Rights, duties, and proceedings not affected by Pub. L. 90-179 establishing Judge Advocate General's Corps in Navy, see section 10 of Pub. L. 90-179, set out as a note under section 5148 of this title. LEGISLATIVE CONSTRUCTION Section 49(e) of act Aug. 10, 1956, provided that: "In chapter 47 of title 10, United States Code [this chapter], enacted by section 1 of this Act, no inference of a legislative construction is to be drawn from the part in which any article is placed nor from the catchlines of the part or the article as set out in that chapter." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- DETAINEE POLICIES Pub. L. 109-163, div. A, title VII, Sec. 750, Jan. 6, 2006, 119 Stat. 3364, provided that: "(a) Policy Required. - The Secretary of Defense shall establish the policy of the Department of Defense on the role of military medical and behavioral science personnel in the interrogation of persons detained by the Armed Forces. The policy shall apply uniformly throughout the Armed Forces. "(b) Report. - Not later than March 1, 2006, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the policy established under subsection (a). The report shall set forth the policy, and shall include such additional matters on the policy as the Secretary considers appropriate." Pub. L. 109-163, div. A, title XIV, Secs. 1402, 1405, 1406, Jan. 6, 2006, 119 Stat. 3475, 3476, 3479, provided that: "SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE. "(a) In General. - No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation. "(b) Applicability. - Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States. "(c) Construction. - Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States. "SEC. 1405. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE UNITED STATES. "(a) Submittal of Procedures for Status Review of Detainees at Guantanamo Bay, Cuba, and in Afghanistan and Iraq. - "(1) In general. - Not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on the Judiciary of the Senate and the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives a report setting forth - "(A) the procedures of the Combatant Status Review Tribunals and the Administrative Review Boards established by direction of the Secretary of Defense that are in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay or to provide an annual review to determine the need to continue to detain an alien who is a detainee; and "(B) the procedures in operation in Afghanistan and Iraq for a determination of the status of aliens detained in the custody or under the physical control of the Department of Defense in those countries. "(2) Designated civilian official. - The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure that the official of the Department of Defense who is designated by the President or Secretary of Defense to be the final review authority within the Department of Defense with respect to decisions of any such tribunal or board (referred to as the 'Designated Civilian Official') shall be a civilian officer of the Department of Defense holding an office to which appointments are required by law to be made by the President, by and with the advice and consent of the Senate. "(3) Consideration of new evidence. - The procedures submitted under paragraph (1)(A) shall provide for periodic review of any new evidence that may become available relating to the enemy combatant status of a detainee. "(b) Consideration of Statements Derived With Coercion. - "(1) Assessment. - The procedures submitted to Congress pursuant to subsection (a)(1)(A) shall ensure that a Combatant Status Review Tribunal or Administrative Review Board, or any similar or successor administrative tribunal or board, in making a determination of status or disposition of any detainee under such procedures, shall, to the extent practicable, assess - "(A) whether any statement derived from or relating to such detainee was obtained as a result of coercion; and "(B) the probative value, if any, of any such statement. "(2) Applicability. - Paragraph (1) applies with respect to any proceeding beginning on or after the date of the enactment of this Act [Jan. 6, 2006]. "(c) Report on Modification of Procedures. - The Secretary of Defense shall submit to the committees specified in subsection (a)(1) a report on any modification of the procedures submitted under subsection (a). Any such report shall be submitted not later than 60 days before the date on which such modification goes into effect. "(d) Annual Report. - "(1) Report required. - The Secretary of Defense shall submit to Congress an annual report on the annual review process for aliens in the custody of the Department of Defense outside the United States. Each such report shall be submitted in unclassified form, with a classified annex, if necessary. The report shall be submitted not later than December 31 each year. "(2) Elements of report. - Each such report shall include the following with respect to the year covered by the report: "(A) The number of detainees whose status was reviewed. "(B) The procedures used at each location. "(e) Judicial Review of Detention of Enemy Combatants. - "(1) In general. - [Amended section 2241 of Title 28, Judiciary and Judicial Procedure.] "(2) Review of decisions of combatant status review tribunals of propriety of detention. - "(A) In general. - Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant. "(B) Limitation on claims. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to claims brought by or on behalf of an alien - "(i) who is, at the time a request for review by such court is filed, detained by the Department of Defense at Guantanamo Bay, Cuba; and "(ii) for whom a Combatant Status Review Tribunal has been conducted, pursuant to applicable procedures specified by the Secretary of Defense. "(C) Scope of review. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of - "(i) whether the status determination of the Combatant Status Review Tribunal with regard to such alien was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor the Government's evidence); and "(ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to make the determination is consistent with the Constitution and laws of the United States. "(D) Termination on release from custody. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit with respect to the claims of an alien under this paragraph shall cease upon the release of such alien from the custody of the Department of Defense. "(3) Review of final decisions of military commissions. - "(A) In general. - Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August 31, 2005 (or any successor military order). "(B) Grant of review. - Review under this paragraph - "(i) with respect to a capital case or a case in which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or "(ii) with respect to any other case, shall be at the discretion of the United States Court of Appeals for the District of Columbia Circuit. "(C) Limitation on appeals. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to an appeal brought by or on behalf of an alien - "(i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph (A), detained by the Department of Defense at Guantanamo Bay, Cuba; and "(ii) for whom a final decision has been rendered pursuant to such military order. "(D) Scope of review. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on an appeal of a final decision with respect to an alien under this paragraph shall be limited to the consideration of - "(i) whether the final decision was consistent with the standards and procedures specified in the military order referred to in subparagraph (A); and "(ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to reach the final decision is consistent with the Constitution and laws of the United States. "(4) Respondent. - The Secretary of Defense shall be the named respondent in any appeal to the United States Court of Appeals for the District of Columbia Circuit under this subsection. "(f) Construction. - Nothing in this section shall be construed to confer any constitutional right on an alien detained as an enemy combatant outside the United States. "(g) United States Defined. - For purposes of this section, the term 'United States', when used in a geographic sense, is as defined in section 101(a)(38) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(38)] and, in particular, does not include the United States Naval Station, Guantanamo Bay, Cuba. "(h) Effective Date. - "(1) In general. - This section shall take effect on the date of the enactment of this Act [Jan. 6, 2006]. "(2) Review of combatant status tribunal and military commission decisions. - Paragraphs (2) and (3) of subsection (e) shall apply with respect to any claim whose review is governed by one of such paragraphs and that is pending on or after the date of the enactment of this Act. "SEC. 1406. TRAINING OF IRAQI SECURITY FORCES REGARDING TREATMENT OF DETAINEES. "(a) Required Policies. - "(1) In general. - The Secretary of Defense shall prescribe policies designed to ensure that all military and civilian Department of Defense personnel or contractor personnel of the Department of Defense responsible for the training of any unit of the Iraqi Security Forces provide training to such units regarding the international obligations and laws applicable to the humane treatment of detainees, including protections afforded under the Geneva Conventions and the Convention Against Torture. "(2) Acknowledgment of training. - The Secretary shall ensure that, for all personnel of the Iraqi Security Forces who are provided training referred to in paragraph (1), there is documented acknowledgment that such training has been provided. "(3) Deadline for policies to be prescribed. - The policies required by paragraph (1) shall be prescribed not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006]. "(b) Army Field Manual. - "(1) Translation. - The Secretary of Defense shall provide for the unclassified portions of the United States Army Field Manual on Intelligence Interrogation to be translated into Arabic and any other language the Secretary determines appropriate for use by members of the Iraqi security forces. "(2) Distribution. - The Secretary of Defense shall provide for such manual, as translated, to be distributed to all appropriate officials of the Iraqi Government, including, but not limited to, the Iraqi Minister of Defense, the Iraqi Minister of Interior, senior Iraqi military personnel, and appropriate members of the Iraqi Security Forces with a recommendation that the principles that underlay the manual be adopted by the Iraqis as the basis for their policies on interrogation of detainees. "(c) Transmittal to Congressional Committees. - Not less than 30 days after the date on which policies are first prescribed under subsection (a), the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of such regulations, policies, or orders, together with a report on steps taken to the date of the report to implement this section. "(d) Annual Report. - Not less than one year after the date of the enactment of this Act [Jan. 6, 2006], and annually thereafter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of this section." Pub. L. 109-148, div. A, title X, Secs. 1002, 1005, 1006, Dec. 30, 2005, 119 Stat. 2739, 2740, 2744, as amended by Pub. L. 109- 366, Secs. 9, 10, Oct. 17, 2006, 120 Stat. 2636, 2637, provided that: "SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE. "(a) In General. - No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation. "(b) Applicability. - Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States. "(c) Construction. - Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States. "SEC. 1005. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE THE UNITED STATES. "(a) Submittal of Procedures for Status Review of Detainees at Guantanamo Bay, Cuba, and in Afghanistan and Iraq. - "(1) In general. - Not later than 180 days after the date of the enactment of this Act [Dec. 30, 2005], the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on the Judiciary of the Senate and the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives a report setting forth - "(A) the procedures of the Combatant Status Review Tribunals and the Administrative Review Boards established by direction of the Secretary of Defense that are in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay or to provide an annual review to determine the need to continue to detain an alien who is a detainee; and "(B) the procedures in operation in Afghanistan and Iraq for a determination of the status of aliens detained in the custody or under the physical control of the Department of Defense in those countries. "(2) Designated civilian official. - The procedures submitted to Congress pursuant to paragraph (1)(A) shall ensure that the official of the Department of Defense who is designated by the President or Secretary of Defense to be the final review authority within the Department of Defense with respect to decisions of any such tribunal or board (referred to as the 'Designated Civilian Official') shall be a civilian officer of the Department of Defense holding an office to which appointments are required by law to be made by the President, by and with the advice and consent of the Senate. "(3) Consideration of new evidence. - The procedures submitted under paragraph (1)(A) shall provide for periodic review of any new evidence that may become available relating to the enemy combatant status of a detainee. "(b) Consideration of Statements Derived With Coercion. - "(1) Assessment. - The procedures submitted to Congress pursuant to subsection (a)(1)(A) shall ensure that a Combatant Status Review Tribunal or Administrative Review Board, or any similar or successor administrative tribunal or board, in making a determination of status or disposition of any detainee under such procedures, shall, to the extent practicable, assess - "(A) whether any statement derived from or relating to such detainee was obtained as a result of coercion; and "(B) the probative value (if any) of any such statement. "(2) Applicability. - Paragraph (1) applies with respect to any proceeding beginning on or after the date of the enactment of this Act [Dec. 30, 2005]. "(c) Report on Modification of Procedures. - The Secretary of Defense shall submit to the committees specified in subsection (a)(1) a report on any modification of the procedures submitted under subsection (a). Any such report shall be submitted not later than 60 days before the date on which such modification goes into effect. "(d) Annual Report. - "(1) Report required. - The Secretary of Defense shall submit to Congress an annual report on the annual review process for aliens in the custody of the Department of Defense outside the United States. Each such report shall be submitted in unclassified form, with a classified annex, if necessary. The report shall be submitted not later than December 31 each year. "(2) Elements of report. - Each such report shall include the following with respect to the year covered by the report: "(A) The number of detainees whose status was reviewed. "(B) The procedures used at each location. "(e) Judicial Review of Detention of Enemy Combatants. - "(1) In general. - [Amended section 2241 of Title 28, Judiciary and Judicial Procedure.] "(2) Review of decisions of combatant status review tribunals of propriety of detention. - "(A) In general. - Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant. "(B) Limitation on claims. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to claims brought by or on behalf of an alien - "(i) who is, at the time a request for review by such court is filed, detained by the United States; and "(ii) for whom a Combatant Status Review Tribunal has been conducted, pursuant to applicable procedures specified by the Secretary of Defense. "(C) Scope of review. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of - "(i) whether the status determination of the Combatant Status Review Tribunal with regard to such alien was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government's evidence); and "(ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to make the determination is consistent with the Constitution and laws of the United States. "(D) Termination on release from custody. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit with respect to the claims of an alien under this paragraph shall cease upon the release of such alien from the custody of the Department of Defense. "(3) Review of final decisions of military commissions. - "(A) In general. - Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered by a military commission under chapter 47A of title 10, United States Code. "(B) Grant of review. - Review under this paragraph shall be as of right. "(C) Limitation on appeals. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to an appeal brought by or on behalf of an alien - "(i) who was, at the time of the proceedings by a military commission referred to in subparagraph (A), detained by the Department of Defense; and "(ii) for whom a final decision has been rendered by the military commission. "(D) Scope of review. - The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on an appeal of a final decision with respect to an alien under this paragraph shall be limited to the consideration of - "(i) whether the final decision was consistent with the standards and procedures specified for a military commission referred to in subparagraph (A); and "(ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to reach the final decision is consistent with the Constitution and laws of the United States. "(4) Respondent. - The Secretary of Defense shall be the named respondent in any appeal to the United States Court of Appeals for the District of Columbia Circuit under this subsection. "(f) Construction. - Nothing in this section shall be construed to confer any constitutional right on an alien detained as an enemy combatant outside the United States. "(g) United States Defined. - For purposes of this section, the term 'United States', when used in a geographic sense, is as defined in section 101(a)(38) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(38)] and, in particular, does not include the United States Naval Station, Guantanamo Bay, Cuba. "(h) Effective Date. - "(1) In general. - This section shall take effect on the date of the enactment of this Act [Dec. 30, 2005]. "(2) Review of combatant status tribunal and military commission decisions. - Paragraphs (2) and (3) of subsection (e) shall apply with respect to any claim whose review is governed by one of such paragraphs and that is pending on or after the date of the enactment of this Act. "SEC. 1006. TRAINING OF IRAQI FORCES REGARDING TREATMENT OF DETAINEES. "(a) Required Policies. - "(1) In general. - The Secretary of Defense shall ensure that policies are prescribed regarding procedures for military and civilian personnel of the Department of Defense and contractor personnel of the Department of Defense in Iraq that are intended to ensure that members of the Armed Forces, and all persons acting on behalf of the Armed Forces or within facilities of the Armed Forces, ensure that all personnel of Iraqi military forces who are trained by Department of Defense personnel and contractor personnel of the Department of Defense receive training regarding the international obligations and laws applicable to the humane detention of detainees, including protections afforded under the Geneva Conventions and the Convention Against Torture. "(2) Acknowledgment of training. - The Secretary shall ensure that, for all personnel of the Iraqi Security Forces who are provided training referred to in paragraph (1), there is documented acknowledgment of such training having been provided. "(3) Deadline for policies to be prescribed. - The policies required by paragraph (1) shall be prescribed not later than 180 days after the date of the enactment of this Act [Dec. 30, 2005]. "(b) Army Field Manual. - "(1) Translation. - The Secretary of Defense shall provide for the United States Army Field Manual on Intelligence Interrogation to be translated into arabic and any other language the Secretary determines appropriate for use by members of the Iraqi military forces. "(2) Distribution. - The Secretary of Defense shall provide for such manual, as translated, to be provided to each unit of the Iraqi military forces trained by Department of Defense personnel or contractor personnel of the Department of Defense. "(c) Transmittal of Regulations. - Not less than 30 days after the date on which regulations, policies, and orders are first prescribed under subsection (a), the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of such regulations, policies, or orders, together with a report on steps taken to the date of the report to implement this section. "(d) Annual Report. - Not less than one year after the date of the enactment of this Act [Dec. 30, 2005], and annually thereafter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of this section." Pub. L. 108-375, div. A, title X, Secs. 1091, 1092, Oct. 28, 2004, 118 Stat. 2068, 2069, provided that: "SEC. 1091. SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES. "(a) Sense of Congress. - It is the sense of Congress that - "(1) the abuses inflicted upon detainees at the Abu Ghraib prison in Baghdad, Iraq, are inconsistent with the professionalism, dedication, standards, and training required of individuals who serve in the United States Armed Forces; "(2) the vast majority of members of the Armed Forces have upheld the highest possible standards of professionalism and morality in the face of illegal tactics and terrorist attacks and attempts on their lives; "(3) the abuse of persons in United States custody in Iraq is appropriately condemned and deplored by the American people; "(4) the Armed Forces are moving swiftly and decisively to identify, try, and, if found guilty, punish persons who perpetrated such abuse; "(5) the Department of Defense and appropriate military authorities must continue to undertake corrective action, as appropriate, to address chain-of-command deficiencies and the systemic deficiencies identified in the incidents in question; "(6) the Constitution, laws, and treaties of the United States and the applicable guidance and regulations of the United States Government prohibit the torture or cruel, inhuman, or degrading treatment of foreign prisoners held in custody by the United States; "(7) the alleged crimes of a handful of individuals should not detract from the commendable sacrifices of over 300,000 members of the Armed Forces who have served, or who are serving, in Operation Iraqi Freedom; and "(8) no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of United States. "(b) Policy. - It is the policy of the United States to - "(1) ensure that no detainee shall be subject to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States; "(2) investigate and prosecute, as appropriate, all alleged instances of unlawful treatment of detainees in a manner consistent with the international obligations, laws, or policies of the United States; "(3) ensure that all personnel of the United States Government understand their obligations in both wartime and peacetime to comply with the legal prohibitions against torture, cruel, inhuman, or degrading treatment of detainees in the custody of the United States; "(4) ensure that, in a case in which there is doubt as to whether a detainee is entitled to prisoner of war status under the Geneva Conventions, such detainee receives the protections accorded to prisoners of war until the detainee's status is determined by a competent tribunal; and "(5) expeditiously process and, if appropriate, prosecute detainees in the custody of the United States, including those in the custody of the United States Armed Forces at Guantanamo Bay, Cuba. "(c) Detainees. - For purposes of this section, the term 'detainee' means a person in the custody or under the physical control of the United States as a result of armed conflict. "SEC. 1092. ACTIONS TO PREVENT THE ABUSE OF DETAINEES. "(a) Policies Required. - The Secretary of Defense shall ensure that policies are prescribed not later than 150 days after the date of the enactment of this Act [Oct. 28, 2004] regarding procedures for Department of Defense personnel and contractor personnel of the Department of Defense intended to ensure that members of the Armed Forces, and all persons acting on behalf of the Armed Forces or within facilities of the Armed Forces, treat persons detained by the United States Government in a humane manner consistent with the international obligations and laws of the United States and the policies set forth in section 1091(b). "(b) Matters to Be Included. - In order to achieve the objective stated in subsection (a), the policies under that subsection shall specify, at a minimum, procedures for the following: "(1) Ensuring that each commander of a Department of Defense detention facility or interrogation facility - "(A) provides all assigned personnel with training, and documented acknowledgment of receiving training, regarding the law of war, including the Geneva Conventions; and "(B) establishes standard operating procedures for the treatment of detainees. "(2) Ensuring that each Department of Defense contract in which contract personnel in the course of their duties interact with individuals detained by the Department of Defense on behalf of the United States Government include a requirement that such contract personnel have received training, and documented acknowledgment of receiving training, regarding the international obligations and laws of the United States applicable to the detention of personnel. "(3) Providing all detainees with information, in their own language, of the applicable protections afforded under the Geneva Conventions. "(4) Conducting periodic unannounced and announced inspections of detention facilities in order to provide continued oversight of interrogation and detention operations. "(5) Ensuring that, to the maximum extent practicable, detainees and detention facility personnel of a different gender are not alone together. "(c) Secretary of Defense Certification. - The Secretary of Defense shall certify that all Federal employees and civilian contractors engaged in the handling or interrogation of individuals detained by the Department of Defense on behalf of the United States Government have fulfilled an annual training requirement on the law of war, the Geneva Conventions, and the obligations of the United States under international law." -EXEC- DETENTION, TREATMENT, AND TRIAL OF CERTAIN NON-CITIZENS IN THE WAR AGAINST TERRORISM Military Order of President of the United States, dated Nov. 13, 2001, 66 F.R. 57833, provided: By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States by the Constitution and the laws of the United States of America, including the Authorization for Use of Military Force Joint Resolution (Public Law 107-40, 115 Stat. 224) [50 U.S.C. 1541 note] and sections 821 and 836 of title 10, United States Code, it is hereby ordered as follows: Section 1. Findings. (a) International terrorists, including members of al Qaida, have carried out attacks on United States diplomatic and military personnel and facilities abroad and on citizens and property within the United States on a scale that has created a state of armed conflict that requires the use of the United States Armed Forces. (b) In light of grave acts of terrorism and threats of terrorism, including the terrorist attacks on September 11, 2001, on the headquarters of the United States Department of Defense in the national capital region, on the World Trade Center in New York, and on civilian aircraft such as in Pennsylvania, I proclaimed a national emergency on September 14, 2001 (Proc. 7463, Declaration of National Emergency by Reason of Certain Terrorist Attacks [50 U.S.C. 1621 note]). (c) Individuals acting alone and in concert involved in international terrorism possess both the capability and the intention to undertake further terrorist attacks against the United States that, if not detected and prevented, will cause mass deaths, mass injuries, and massive destruction of property, and may place at risk the continuity of the operations of the United States Government. (d) The ability of the United States to protect the United States and its citizens, and to help its allies and other cooperating nations protect their nations and their citizens, from such further terrorist attacks depends in significant part upon using the United States Armed Forces to identify terrorists and those who support them, to disrupt their activities, and to eliminate their ability to conduct or support such attacks. (e) To protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks, it is necessary for individuals subject to this order pursuant to section 2 hereof to be detained, and, when tried, to be tried for violations of the laws of war and other applicable laws by military tribunals. (f) Given the danger to the safety of the United States and the nature of international terrorism, and to the extent provided by and under this order, I find consistent with section 836 of title 10, United States Code, that it is not practicable to apply in military commissions under this order the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts. (g) Having fully considered the magnitude of the potential deaths, injuries, and property destruction that would result from potential acts of terrorism against the United States, and the probability that such acts will occur, I have determined that an extraordinary emergency exists for national defense purposes, that this emergency constitutes an urgent and compelling government interest, and that issuance of this order is necessary to meet the emergency. Sec. 2. Definition and Policy. (a) The term "individual subject to this order" shall mean any individual who is not a United States citizen with respect to whom I determine from time to time in writing that: (1) there is reason to believe that such individual, at the relevant times, (i) is or was a member of the organization known as al Qaida; (ii) has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy; or (iii) has knowingly harbored one or more individuals described in subparagraphs (i) or (ii) of subsection 2(a)(1) of this order; and (2) it is in the interest of the United States that such individual be subject to this order. (b) It is the policy of the United States that the Secretary of Defense shall take all necessary measures to ensure that any individual subject to this order is detained in accordance with section 3, and, if the individual is to be tried, that such individual is tried only in accordance with section 4. (c) It is further the policy of the United States that any individual subject to this order who is not already under the control of the Secretary of Defense but who is under the control of any other officer or agent of the United States or any State shall, upon delivery of a copy of such written determination to such officer or agent, forthwith be placed under the control of the Secretary of Defense. Sec. 3. Detention Authority of the Secretary of Defense. Any individual subject to this order shall be - (a) detained at an appropriate location designated by the Secretary of Defense outside or within the United States; (b) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (c) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (d) allowed the free exercise of religion consistent with the requirements of such detention; and (e) detained in accordance with such other conditions as the Secretary of Defense may prescribe. Sec. 4. Authority of the Secretary of Defense Regarding Trials of Individuals Subject to this Order. (a) Any individual subject to this order shall, when tried, be tried by military commission for any and all offenses triable by military commission that such individual is alleged to have committed, and may be punished in accordance with the penalties provided under applicable law, including life imprisonment or death. (b) As a military function and in light of the findings in section 1, including subsection (f) thereof, the Secretary of Defense shall issue such orders and regulations, including orders for the appointment of one or more military commissions, as may be necessary to carry out subsection (a) of this section. (c) Orders and regulations issued under subsection (b) of this section shall include, but not be limited to, rules for the conduct of the proceedings of military commissions, including pretrial, trial, and post-trial procedures, modes of proof, issuance of process, and qualifications of attorneys, which shall at a minimum provide for - (1) military commissions to sit at any time and any place, consistent with such guidance regarding time and place as the Secretary of Defense may provide; (2) a full and fair trial, with the military commission sitting as the triers of both fact and law; (3) admission of such evidence as would, in the opinion of the presiding officer of the military commission (or instead, if any other member of the commission so requests at the time the presiding officer renders that opinion, the opinion of the commission rendered at that time by a majority of the commission), have probative value to a reasonable person; (4) in a manner consistent with the protection of information classified or classifiable under Executive Order 12958 of April 17, 1995, as amended [50 U.S.C. 435 note], or any successor Executive Order, protected by statute or rule from unauthorized disclosure, or otherwise protected by law, (A) the handling of, admission into evidence of, and access to materials and information, and (B) the conduct, closure of, and access to proceedings; (5) conduct of the prosecution by one or more attorneys designated by the Secretary of Defense and conduct of the defense by attorneys for the individual subject to this order; (6) conviction only upon the concurrence of two-thirds of the members of the commission present at the time of the vote, a majority being present; (7) sentencing only upon the concurrence of two-thirds of the members of the commission present at the time of the vote, a majority being present; and (8) submission of the record of the trial, including any conviction or sentence, for review and final decision by me or by the Secretary of Defense if so designated by me for that purpose. Sec. 5. Obligation of Other Agencies to Assist the Secretary of Defense. Departments, agencies, entities, and officers of the United States shall, to the maximum extent permitted by law, provide to the Secretary of Defense such assistance as he may request to implement this order. Sec. 6. Additional Authorities of the Secretary of Defense. (a) As a military function and in light of the findings in section 1, the Secretary of Defense shall issue such orders and regulations as may be necessary to carry out any of the provisions of this order. (b) The Secretary of Defense may perform any of his functions or duties, and may exercise any of the powers provided to him under this order (other than under section 4(c)(8) hereof) in accordance with section 113(d) of title 10, United States Code. Sec. 7. Relationship to Other Law and Forums. (a) Nothing in this order shall be construed to - (1) authorize the disclosure of state secrets to any person not otherwise authorized to have access to them; (2) limit the authority of the President as Commander in Chief of the Armed Forces or the power of the President to grant reprieves and pardons; or (3) limit the lawful authority of the Secretary of Defense, any military commander, or any other officer or agent of the United States or of any State to detain or try any person who is not an individual subject to this order. (b) With respect to any individual subject to this order - (1) military tribunals shall have exclusive jurisdiction with respect to offenses by the individual; and (2) the individual shall not be privileged to seek any remedy or maintain any proceeding, directly or indirectly, or to have any such remedy or proceeding sought on the individual's behalf, in (i) any court of the United States, or any State thereof, (ii) any court of any foreign nation, or (iii) any international tribunal. (c) This order is not intended to and does not create any right, benefit, or privilege, substantive or procedural, enforceable at law or equity by any party, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. (d) For purposes of this order, the term "State" includes any State, district, territory, or possession of the United States. (e) I reserve the authority to direct the Secretary of Defense, at any time hereafter, to transfer to a governmental authority control of any individual subject to this order. Nothing in this order shall be construed to limit the authority of any such governmental authority to prosecute any individual for whom control is transferred. Sec. 8. Publication. This order shall be published in the Federal Register. George W. Bush. -End- -CITE- 10 USC Sec. 802 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 802. Art. 2. Persons subject to this chapter -STATUTE- (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 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) Lawful enemy combatants (as that term is defined in section 948a(2) of this title) who violate the law of war. (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)). -SOURCE- (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.) -MISC1- HISTORICAL AND REVISION NOTES 1956 ACT -------------------------------------------------------------------- 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 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. -TRANS- 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. -MISC2- 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. -EXEC- 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 -MISC3- 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. -End- -CITE- 10 USC Sec. 803 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 803. Art. 3. Jurisdiction to try certain personnel -STATUTE- (a) Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person's former status. (b) Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge. (c) No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service. (d) A member of a reserve component who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 38; Pub. L. 99-661, div. A, title VIII, Sec. 804(b), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 102- 484, div. A, title X, Sec. 1063, Oct. 23, 1992, 106 Stat. 2505.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 803(a) 50:553(a). May 5, 1950, ch. 169, Sec. 1 (Art. 3), 64 Stat. 109. 803(b) 803(c) 50:553(b). 50:553(c). -------------------------------------------------------------------- In subsection (a), the words "the provisions of" are omitted as surplusage. The words "no * * * may" are substituted for the words "any * * * shall not". The word "for" is substituted for the word "of" before the words "five years". The words "of a State, a Territory, or" are substituted for the words "any State or Territory thereof or of". The word "court-martial" is substituted for the word "courts-martial". In subsection (b), the words "Each person" are substituted for the words "All persons". The words "who is later" are substituted for the word "subsequently". The words "his discharge is" are substituted for the words "said discharge shall * * * be". The words "the provisions of" are omitted as surplusage. The word "is" is substituted for the words "shall * * * be". The words "he is" are substituted for the words "they shall be". The word "before" is substituted for the words "prior to". In subsection (c), the words "No * * * may" are substituted for the words "Any * * * shall not". The word "later" is substituted for the word "subsequent". AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-484 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Subject to section 843 of this title (article 43), no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by confinement for five years or more and for which the person cannot be tried in the courts of the United States or of a State, a Territory, or the District of Columbia, may be relieved from amenability to trial by court-martial by reason of the termination of that status." 1986 - Subsec. (d). Pub. L. 99-661 added subsec. (d). EFFECTIVE DATE OF 1992 AMENDMENT Section 1067 of Pub. L. 102-484 provided that: "The amendments made by sections 1063, 1064, 1065, and 1066 [amending this section and sections 857, 863, 911, 918, and 920 of this title] shall take effect on the date of the enactment of this Act [Oct. 23, 1992] and shall apply with respect to offenses committed on or after that date." EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-661 applicable to offenses committed on or after the earlier of (1) the last day of the 120-day period beginning on Nov. 14, 1986; or (2) the date specified in an Executive order, see sections 804(e) and 808 of Pub. L. 99-661, set out as notes under section 802 of this title. -End- -CITE- 10 USC Sec. 804 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 804. Art. 4. Dismissed officer's right to trial by court- martial -STATUTE- (a) If any commissioned officer, dismissed by order of the President, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court- martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. (b) If the President fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. (c) If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances. (d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 38.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 804(a) 50:554(a). May 5, 1950, ch. 169, Sec. 1 (Art. 4), 64 Stat. 110. 804(b) 50:554(b). 804(c) 50:554(c). 804(d) 50:554(d). -------------------------------------------------------------------- In subsection (a), the word "If" is substituted for the word "When". The word "commissioned" is inserted before the word "officer". The word "considered" is substituted for the word "held". In subsections (a) and (b), the words "Secretary concerned" are substituted for the words "Secretary of the Department". In subsection (c), the word "If" is substituted for the word "Where". The words "the authority of" are omitted as surplusage. The words "grade and with such rank" are substituted for the words "rank and precedence", since a person is appointed to a grade, not to a position of precedence, and the word "rank" is the accepted military word denoting the general idea of precedence. The words "the existence of a" are substituted for the word "position" for clarity. The word "receive" is omitted as surplusage. In subsection (d), the word "If" is substituted for the word "When". The words "he has no" are substituted for the words "there shall not be a". -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2 of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President. -End- -CITE- 10 USC Sec. 805 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 805. Art. 5. Territorial applicability of this chapter -STATUTE- This chapter applies in all places. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 39.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 805 50:555. May 5, 1950, ch. 169, Sec. 1 (Art. 5), 64 Stat. 110. -------------------------------------------------------------------- The word "applies" is substituted for the words "shall be applicable". -End- -CITE- 10 USC Sec. 806 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 806. Art. 6. Judge advocates and legal officers -STATUTE- (a) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocate General or senior members of his staff shall make frequent inspections in the field in supervision of the administration of military justice. (b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General. (c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case. (d)(1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United States under section 973(b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases. (2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973(b)(2)(B) of this title. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90-179, Sec. 1(3), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90-632, Sec. 2(2), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98-209, Sec. 2(b), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99-661, div. A, title VIII, Sec. 807(a), Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 806(a) 50:556(a). May 5, 1950, ch. 169, Sec. 1 (Art. 6), 64 Stat. 110. 806(b) 50:556(b). 806(c) 50:556(c). -------------------------------------------------------------------- In subsection (b), the word "entitled" is substituted for the word "authorized". In subsection (c), the words "may later" are substituted for the words "shall subsequently". AMENDMENTS 2002 - Subsec. (d)(2). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 1986 - Subsec. (d). Pub. L. 99-661 added subsec. (d). 1983 - Subsec. (a). Pub. L. 98-209 substituted "Air Force, and" for "and Air Force and law specialists of the". 1968 - Subsec. (c). Pub. L. 90-632 substituted "military judge" for "law officer". 1967 - Subsec. (a). Pub. L. 90-179 substituted reference to judge advocates of the Navy for reference to law specialists of the Navy and provided for the assignment of judge advocates of the Marine Corps. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 807(b) of Pub. L. 99-661 provided that: "The amendment made by subsection (a) [amending this section] - "(1) shall take effect on the date of the enactment of this Act [Nov. 14, 1986]; and "(2) may not be construed to invalidate an action taken by a judge advocate, pursuant to an assignment or detail under section 973(b)(2)(B) of title 10, United States Code, before the date of the enactment of this Act." EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-209 effective first day of eighth calendar month beginning after 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 1968 AMENDMENT Amendment by Pub. L. 90-632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90-632, set out as a note under section 801 of this title. -End- -CITE- 10 USC Sec. 806a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 806a. Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges -STATUTE- (a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military judge or military appellate judge to perform the duties of the judge's position. To the extent practicable, the procedures shall be uniform for all armed forces. (b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Senate and the Committee on Armed Forces of the House of Representatives. -SOURCE- (Added Pub. L. 101-189, div. A, title XIII, Sec. 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.) -MISC1- AMENDMENTS 1999 - Subsec. (b). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security". 1996 - Subsec. (b). Pub. L. 104-106 substituted "Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "Committees on Armed Services of the Senate and House of Representatives". -End- -CITE- 10 USC SUBCHAPTER II - APPREHENSION AND RESTRAINT 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- SUBCHAPTER II - APPREHENSION AND RESTRAINT Sec. Art. -------------------------------------------------------------------- 807. 7. Apprehension. 808. 8. Apprehension of deserters. 809. 9. Imposition of restraint. 810. 10. Restraint of persons charged with offenses. 811. 11. Reports and receiving of prisoners. 812. 12. Confinement with enemy prisoners prohibited. 813. 13. Punishment prohibited before trial. 814. 14. Delivery of offenders to civil authorities. -------------------------------------------------------------------- -End- -CITE- 10 USC Sec. 807 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 807. Art. 7. Apprehension -STATUTE- (a) Apprehension is the taking of a person into custody. (b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this chapter or to trial thereunder may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this chapter and to apprehend persons subject to this chapter who take part therein. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 39.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 807(a) 50:561(a). May 5, 1950, ch. 169, Sec. 1 (Art. 7), 64 Stat. 111. 807(b) 50:561(b). 807(c) 50:561(c). -------------------------------------------------------------------- In subsection (a), the words "into custody" and "of a person" are transposed. In subsection (c), the words "All" and "shall" are omitted as surplusage. The word "Commissioned" is inserted before the word "officers" for clarity. The word "therein" is substituted for the words "in the same". -End- -CITE- 10 USC Sec. 808 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 808. Art. 8. Apprehension of deserters -STATUTE- Any civil officer having authority to apprehend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily apprehend a deserter from the armed forces and deliver him into the custody of those forces. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109-163, div. A, title X, Sec. 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 808 50:562. May 5, 1950, ch. 169, Sec. 1 (Art. 8), 64 Stat. 111. -------------------------------------------------------------------- The word "may" is substituted for the words "It shall be lawful for * * * to". The words "a State, Territory, Commonwealth, or possession, or the District of Columbia" are substituted for the words "any State, District, Territory, or possession of the United States". The words "of the United States", before the words "and deliver", are omitted as surplusage. The words "those forces" are substituted for the words "the armed forces of the United States", after the words "custody of". AMENDMENTS 2006 - Pub. L. 109-163 substituted "Commonwealth, possession," for "Territory, Commonwealth, or possession,". -End- -CITE- 10 USC Sec. 809 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 809. Art. 9. Imposition of restraint -STATUTE- (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement. (c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated. (d) No person may be ordered into arrest or confinement except for probable cause. (e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 809(a) 50:563(a). May 5, 1950, ch. 169, Sec. 1 (Art. 9), 64 Stat. 111. 809(b) 50:563(b). 809(c) 50:563(c). 809(d) 50:563(d). 809(e) 50:563(e). -------------------------------------------------------------------- In subsection (b), the word "commissioned" is inserted before the word "officer" for clarity. The words "member" and "members", respectively, are substituted for the words "person" and "persons". In subsection (c), the words "A commissioned" are substituted for the word "An" for clarity. The word "commissioned" is inserted after the word "another" for clarity. In subsection (d), the word "may" is substituted for the word "shall". In subsection (e), the word "limits" is substituted for the words "shall be construed to limit". -End- -CITE- 10 USC Sec. 810 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 810. Art. 10. Restraint of persons charged with offenses -STATUTE- Any person subject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, he shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 810 50:564. May 5, 1950, ch. 169, Sec. 1 (Art. 10), 64 Stat. 111. -------------------------------------------------------------------- The word "he" is substituted for the words "such person". -End- -CITE- 10 USC Sec. 811 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 811. Art. 11. Reports and receiving of prisoners -STATUTE- (a) No provost marshal, commander of a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a statement, signed by him, of the offense charged against the prisoner. (b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 811(a) 50:565(a). May 5, 1950, ch. 169, Sec. 1 (Art. 11), 64 Stat. 112. 811(b) 50:565(b). -------------------------------------------------------------------- In subsection (a), the word "may" is substituted for the word "shall". The words "a commissioned" are substituted for the word "an" for clarity. -End- -CITE- 10 USC Sec. 812 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 812. Art. 12. Confinement with enemy prisoners prohibited -STATUTE- No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 41.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 812 50:566. May 5, 1950, ch. 169, Sec. 1 (Art. 12), 64 Stat. 112. -------------------------------------------------------------------- The words "of the United States" are omitted as surplusage. The word "may" is substituted for the word "shall". -End- -CITE- 10 USC Sec. 813 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 813. Art. 13. Punishment prohibited before trial -STATUTE- No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97-81, Sec. 3, Nov. 20, 1981, 95 Stat. 1087.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 813 50:567. May 5, 1950, ch. 169, Sec. 1 (Art. 13), 64 Stat. 112. -------------------------------------------------------------------- The words "the provisions of" are omitted as surplusage. The word "results" is changed to the singular. The word "may" is substituted for the word "shall". AMENDMENTS 1981 - Pub. L. 97-81 substituted "No person, while being held for trial, may be subjected" for "Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be subjected". EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-81 to take effect at the end of the 60- day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-martial sentence announced on or after that date, see section 7(a) and (b)(2) of Pub. L. 97-81, set out as an Effective Date note under section 706 of this title. -End- -CITE- 10 USC Sec. 814 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER II - APPREHENSION AND RESTRAINT -HEAD- Sec. 814. Art. 14. Delivery of offenders to civil authorities -STATUTE- (a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery under this article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence. -SOURCE- (Aug. 10, 1956, ch. 1041, 70A Stat. 41.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 814(a) 50:568(a). May 5, 1950, ch. 169, Sec. 1 (Art. 14), 64 Stat. 112. 814(b) 50:568(b). -------------------------------------------------------------------- In subsection (a), the words "Secretary concerned" are substituted for the words "Secretary of the Department". In subsection (b), the word "interrupts" is substituted for the words "shall be held to interrupt". The word "his" is substituted for the words "the said court-martial". REGULATIONS FOR DELIVERY OF MILITARY PERSONNEL TO CIVIL AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES Pub. L. 100-456, div. A, title VII, Sec. 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to ensure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to transmit to committees of Congress a copy of such regulations and any recommendations for additional legislation not later than 120 days after Sept. 29, 1988. -End- -CITE- 10 USC SUBCHAPTER III - NON-JUDICIAL PUNISHMENT 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER III - NON-JUDICIAL PUNISHMENT -HEAD- SUBCHAPTER III - NON-JUDICIAL PUNISHMENT Sec. Art. -------------------------------------------------------------------- 815. 15. Commanding officer's non-judicial punishment. -------------------------------------------------------------------- -End- -CITE- 10 USC Sec. 815 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER III - NON-JUDICIAL PUNISHMENT -HEAD- Sec. 815. Art. 15. Commanding officer's non-judicial punishment -STATUTE- (a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of