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10 U.S.C. § 674 — Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 674 — Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

**(a) Guidance for Timely Consideration and Action.—** The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice) or an attempt to commit such an offense as punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or from an assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit. **(b) Time for Determination.—** A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.

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Stable record: federal_law:legal_authorities:record_usc_33bad48ca9deadeab7b3d353
Source file: Laws/federal/codes/united-states-code/title-10/section-674-temporary-administrative-reassignment-or-removal-of-a-member-on-active-d--feb3f979a2.md
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Source location: Title 10, Chapter 39, § 674; chapter-039-active-duty.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (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 a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 880 — Art. 80. Attempts

**(a)** An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. **(b)** Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed. **(c)** Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12306 — Standby Reserve

**(a)** Units and members in the Standby Reserve may be ordered to active duty only as provided in [section 12301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301&num=0&edition=prelim), but subject to the limitations in subsection (b). **(b)** In time of emergency— (1) no unit in the Standby Reserve organized to serve as a unit or any member thereof may be ordered to active duty under [section 12301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/a&num=0&edition=prelim), unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough of the required kinds of units in the Ready Reserve that are readily available; and (2) notwithstanding [section 12301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/a&num=0&edition=prelim), no other member in the Standby Reserve may be ordered to active duty as an individual under such section without his consent, unless the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough qualified members in the Ready Reserve in the required category who are readily available.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1561 — Complaints of sexual harassment: independent investigation

**(a) Action on Complaints Alleging Sexual Harassment.—** A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. **(b) Commencement of Investigation.—** To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— (1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and (2) advise the complainant of the commencement of the investigation. **(c) Duration of Investigation.—** To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate. **(d) Report on Investigation.—** To the extent practicable, a commanding officer or officer in charge shall— (1) submit a final report on the results of the independent investigation, inc

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 674 — Temporary administrative reassignment or

Page 656 TITLE 10—ARMED FORCES [§ 673a [§ 673a. Renumbered § 12303] [§ 673b. Renumbered § 12304] [§ 673c. Renumbered § 12305] § 674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related of- fense (a) GUIDANCE FOR TIMELY CONSIDERATION AND ACTION.—The Secretary concerned may provide guidance, within guidelines provided by the Sec- retary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed an offense under section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Mili- tary Justice) or an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice) should be temporarily reassigned or re- moved from a position of authority or from an assignment, not as a punitive measure, but sole- ly for the purpose of maintaining good order and discipline within the member’s unit. (b) TIME FOR DETERMINATION.—A determina- tion described in subsection (a) may be made at any time after receipt of notification of an unre- stricted report of a sexual assault or other sex- related offense that identifies the member as an alleged perpetrator. (Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), Dec. 19, 2014, 128 Stat. 3510; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), Dec. 12, 2017, 131 Stat. 1599.) Editorial Notes PRIOR PROVISIONS A prior section 674 was renumbered section 12306 of this title. AMENDMENTS 2017—Subsec. (a). Pub. L. 11

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