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10 U.S.C. § 678 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 678
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Stable record: federal_law:legal_authorities:usc2024-e269cb3e3d867ca97e40d64f
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-678-untitled-legal-text--0c6820cab3.md
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Source location: USCODE-2024-title10-subtitleA-partII-chap39-sec678.pdf
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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. 115–91 substituted ‘‘920b,
920c, or 930’’ for ‘‘920a, 920b, 920c, or 925’’ and ‘‘120b, 120c,
or 130’’ for ‘‘120a, 120b, 120c, or 125’’.
2014—Subsec. (b). Pub. L. 113–291 substituted ‘‘after
receipt’’ for ‘‘afer receipt’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–91 effective immediately
after the amendments made by div. E (§§ 5001–5542) of
Pub. L. 114–328 take effect as provided for in section
5542 of that Act (10 U.S.C. 801 note) [amendments effec-
tive Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91,
set out as a note under section 801 of this title.
[§ 675. Renumbered § 12307]
[§ 676. Renumbered § 12308]
[§ 677. Renumbered § 12309]
[§ 678. Renumbered § 12310]
[§ 679. Renumbered § 12311]
[§ 680. Renumbered § 12312]
[§ 681. Renumbered § 12313]
[§ 682. Renumbered § 12314]
[§ 683. Renumbered § 12315]
[§ 684. Renumbered § 12316]
[§ 685. Renumbered § 12317]
[§ 686. Renumbered § 12318]
Editorial Notes
PRIOR PROVISIONS
A prior section 686, acts Aug. 10, 1956, ch. 1041, 70A
Stat. 32; Apr. 21, 1976, Pub. L. 94–273, § 11(2), 90 Stat. 378,
provided for an annual officer grade distribution report,
prior to repeal by Pub. L. 96–107, title III, § 303(a)(1),
Nov. 9, 1979, 93 Stat. 806.
[§ 687. Renumbered § 12319]
Editorial Notes
CODIFICATION
Another section 687 was renumbered section 12321 of
this title.
PRIOR PROVISIONS
A prior section 687, added Pub. L. 87–651, title I,
§ 102(a), Sept. 7, 1962, 76 Stat. 506; amended Pub. L.
89–718, § 6, Nov. 2, 1966, 80 Stat. 1115, related to
readjustment payment upon involuntary release of
non-regulars from active duty, prior to repeal by Pub.
L. 96–513, title I, § 109(a), Dec. 12, 1980, 94 Stat. 2870, ef-
fective Sept. 15, 1981.
§ 688. Retired members: authority to order to ac-
tive duty; duties
(a) AUTHORITY.—Under regulations prescribed
by the Secretary of Defense, a member described
in subsection (b) may be ordered to active duty
by the Secretary of the military department
concerned at any time.
(b) COVERED MEMBERS.—Except as provided in
subsection (d), subsection (a) applies to the fol-
lowing members of the armed forces:
(1) A retired member of the Regular Army,
Regular Navy, Regular Air Force, or Regular
Marine Corps.
(2) A member of the Retired Reserve who
was retired under section 1293, 7311, 7314, 8323,
9311, or 9314 of this title.
(3) A member of the Fleet Reserve or Fleet
Marine Corps Reserve.
(4) A retired member of the Space Force.
(c) DUTIES
OF MEMBER ORDERED
TO ACTIVE
DUTY.—The Secretary concerned may, to the ex-
tent consistent with other provisions of law, as-
sign a member ordered to active duty under this
section to such duties as the Secretary considers
necessary in the interests of national defense.
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Federal law — U.S. Code and appendices · legal_authorities
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-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 10—ARMED FORCES
§ 801
authorized, under regulations and policies of the
Department of Defense and subject to subsection
(b), to wear the insignia for that higher grade
for a period of up to 14 days before assuming the
duties of a position for which the higher grade is
authorized. An officer who is so authorized to
wear the insignia of a higher grade is said to be
‘‘frocked’’ to that grade.
(b) RESTRICTIONS.—An officer may not be au-
thorized to wear the insignia for a grade as de-
scribed in subsection (a) unless—
(1) the Senate has given its advice and con-
sent to the appointment of the officer to that
grade;
(2) the officer has received orders to serve in
a position outside the military department of
that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian of-
ficer within the Office of the Secretary of De-
fense whose appointment was made with the
advice and consent of the Senate and to whom
the Secretary delegates such approval author-
ity) has given approval for the officer to wear
the insignia for that grade before assuming
the duties of a position for which that grade is
authorized; and
(4) the Secretary of Defense has submitted
to Congress a written notification of the in-
tent to authorize the officer to wear the insig-
nia for that grade.
(c) BENEFITS NOT TO BE CONSTRUED AS ACCRU-
ING.—(1) Authority provided to an officer as de-
scribed in subsection (a) to wear the insignia of
a higher grade may not be construed as confer-
ring authority for that officer to—
(A) be paid the rate of pay provided for an
officer in that grade having the same number
of years of service as that officer; or
(B) assume any legal authority associated
with that grade.
(2) The period for which an officer wears
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 678
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