PRIA Logo™
Title 10 — Armed ForcesRelease 119-73not60

§674 Temporary Administrative Reassignment or Removal of a Member on Active Duty Accused of Committing a Sexual Assault or Related Offense

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 39— ACTIVE DUTY › § 674

Last updated Apr 3, 2026|Official source

Summary

The service Secretary may give commanders guidance, following rules from the Secretary of Defense, on when to quickly decide and act to temporarily move or remove an active-duty member who is accused of an offense under section 920, 920b, 920c, or 930 of this title, or an attempt punishable under section 880. The action is not punishment. It is only to keep good order and discipline in the member’s unit. A commander may make that decision any time after getting an unrestricted report of a sexual or sex-related offense that names the member as the alleged perpetrator.

Full Legal Text

Title 10, §674

Armed Forces — Source: USLM XML via OLRC

(a)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)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

Notes & Related Subsidiaries

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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 674

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60