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Title 10 — Armed Forces

Part II · Chapter 39 — Active Duty

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

Statutory text

(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 (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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title XVII § 1713(a) · 127 Stat. 672

    Enacted · 10 U.S.C. § 674

    Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963

    Source evidence

    Code source credit
    Added Pub. L. 113–66, div. A, title XVII, § 1713(a), Dec. 26, 2013, 127 Stat. 963

    Enacted provision · exact public law section
    (a) In General.— Chapter 39 of title 10, United States Code, is amended by inserting after section 673 the following new section: “§ 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, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military 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 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 afer receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.” .

  2. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(f)(8) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 674(b)

    Pub. L. 113–291 substituted “after receipt” for “afer receipt”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–291 substituted “after receipt” for “afer receipt”.

    Enacted provision · exact public law section
    (8) Section 674(b) is amended by striking “afer” and inserting “after”.

  3. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title X § 1081(c)(2)(B) · 131 Stat. 1283

    1. Substituted · 10 U.S.C. § 674(a)

      Pub. L. 115–91 substituted “920b, 920c, or 930” for “920a, 920b, 920c, or 925”

    2. Substituted · 10 U.S.C. § 674(a)

      Pub. L. 115–91 substituted “120b, 120c, or 130” for “120a, 120b, 120c, or 125”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) Section 674(a) is amended— (i) by striking “920a, 920b, 920c, or 925” and inserting “920b, 920c, or 930”; and (ii) by striking “120a, 120b, 120c, or 125” and inserting “120b, 120c, or 130”.

    Effective date note
    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 effective Jan. 1, 2019], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 674 was renumbered section 12306 of this title.

Amendments2014–2017 · 2 rounds

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 effective ], see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Credits

2013–2017 · 3 acts
  1. 2013Added Pub. L. 113–66, div. A, title XVII, § 1713(a), , 127 Stat. 963
  2. 2014amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), , 128 Stat. 3510
  3. 2017Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), , 131 Stat. 1599.
Show as published

(Added Pub. L. 113–66, div. A, title XVII, § 1713(a), , 127 Stat. 963; amended Pub. L. 113–291, div. A, title X, § 1071(f)(8), , 128 Stat. 3510; Pub. L. 115–91, div. A, title X, § 1081(c)(2)(B), , 131 Stat. 1599.)

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