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10 U.S.C. § 12323 — Active duty pending line of duty determination required for response to sexual assault
Federal law — U.S. Code and appendices · legal_authorities
**(a) Continuation on Active Duty.—** In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.
**(b) Return to Active Duty.—** In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.
**(c) Regulations.—** The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—
(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and
(2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an
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Source location: Title 10, Chapter 1209, § 12323; chapter-1209-active-duty.md
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**(a) Continuation on Active Duty.—** In the case of a member of a reserve component who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the Secretary concerned, upon the request of the member, may order the member to be retained on active duty until completion of the line of duty determination. A member eligible for continuation on active duty under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this subsection.
**(b) Return to Active Duty.—** In the case of a member of a reserve component not on active duty who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, the Secretary concerned, upon the request of the member, may order the member to active duty for such time as necessary for completion of the line of duty determination.
**(c) Regulations.—** The Secretaries of the military departments shall prescribe regulations to carry out this section, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—
(1) a request submitted by a member described in subsection (a) or (b) to continue on active duty, or to be ordered to active duty, respectively, must be decided within 30 days from the date of the request; and
(2) if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary shall operate a program under which the Secretary provides counseling and appropriate care and services, to include care for physical health conditions, as appropriate, to former members of the Armed Forces who the Secretary determines require such counseling and care and services to treat a condition, which in the judgment of a health care professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in [section 12323 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)).
(2)
(A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) to treat a condition described in that paragraph that was suffered by the member while serving on duty, regardless of duty status or line of duty determination (as that term is used in [section 12323 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12323&num=0&edition=prelim)).
(B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph.
(3) In furnishing counseling to an individual under this subsection, the Secretary may provide such counseling pursuant to a contract with a qualified mental health professional if (A) in the judgment of a mental health professional employed by the Depar
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Federal law — U.S. Code and appendices · legal_authorities
Page 3680
TITLE 10—ARMED FORCES
§ 12322
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–337 renumbered section 690 of this
title as this section and substituted ‘‘Reserve Officer
Training Corps units: limitation on number of Reserves
assigned’’ for ‘‘Limitation on duty with Reserve Officer
Training Corps units’’ as section catchline.
1993—Pub. L. 103–160 substituted ‘‘may not exceed
275’’ for ‘‘may not exceed 200’’.
1992—Pub. L. 102–484 substituted ‘‘The number of
members of the reserve components’’ for ‘‘A member of
a reserve component’’, ‘‘who are assigned’’ for ‘‘may
not be assigned’’, and ‘‘may not exceed 200.’’ for period
at end.
1991—Pub. L. 102–190 substituted ‘‘Corps’’ for ‘‘Corp’’
in section catchline.
Pub. L. 102–25, § 704(a)(3)(B), renumbered section 687 of
this title as this section.
Pub. L. 102–25, § 704(a)(3)(A), made technical correc-
tion to directory language of Pub. L. 101–510, § 559(a)(1),
which enacted this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective Dec. 1, 1994,
except as otherwise provided, see section 1691 of Pub. L.
103–337, set out as an Effective Date note under section
10001 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Pub. L. 102–25, title VII, § 704(e), Apr. 6, 1991, 105 Stat.
120, provided that: ‘‘The amendments made by this sec-
tion [amending this section and sections 6686 and 7381b
of Title 42, The Public Health and Welfare, and amend-
ing provisions set out as notes under this section, sec-
tions 1701, 1705, 1721, 1724, 1733, 2302, 2306a, 2432, and 3074
of this title, and section 1928 of Title 22, Foreign Rela-
tions and Intercourse] shall apply as if included in the
enactment of the National Defense Authorization Act
for Fiscal
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12323
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