Title 10, Armed ForcesRelease 119-110
§674 Temporary Administrative Reassignment or Removal of a Member on Active Duty Accused of Committing a Sexual Assault or Related Offense
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 39 — ACTIVE DUTY › § 674
Summary
The Secretary in charge may give commanders, under Defense Department rules, guidance to quickly decide if an active-duty member accused of sexual crimes (sections 920, 920b, 920c, or 930; attempts under section 880) should be temporarily reassigned or removed from a position of authority or assignment. The action is not punishment and is only to keep order and discipline. A commander may act any time after getting an unrestricted report that names the alleged offender.
Full Legal Text
Title 10, §674
Armed Forces, Source: USLM XML via OLRC
(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
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
Sep 22, 2026
Release point: 119-110