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10 U.S.C. § 673 (ARMED FORCES)
§ 673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault or related offense
(a) Timely Consideration and Action.—
The Secretary concerned shall provide for timely determination and action on an application for consideration of a change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the member for reporting the sexual assault or other offense.
(b) Regulations.—
The Secretary concerned shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall provide that the application submitted by a member described in subsection (a) for a change of station or unit transfer must be approved or disapproved by the member’s commanding officer within 72 hours of the submission of the application. Additionally, if the application is disapproved by the commanding officer, the member shall be given the opportunity to request review by the first general officer or flag officer in the chain of command of the member, and that decision must be made within 72 hours of submission of the request for review.
(Added Pub. L. 112–81, div. A, title V, § 582(a), Dec. 31, 2011, 125 Stat. 1432; amended Pub. L. 113–66, div. A, title X, § 1091(a)(8), title XVII, § 1712, Dec. 26, 2013, 127 Stat. 876, 963.)
heading: Prior Provisions
text: A prior section 673 was renumbered section 12302 of this title.
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 113–66, § 1091(a)(8), inserted “of the Uniform Code of Military Justice” after “120c”.
Subsec. (b). Pub. L. 113–66, § 1712, substituted “The Secretary concerned” for “The Secretaries of the military departments”.
10 U.S.C. § 674 (ARMED FORCES)
§ 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 1 receipt of notification of an unrestricted 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.)
heading: Prior Provisions
text: A prior section 674 was renumbered section 12306 of this title.
10 U.S.C. § 846 (ARMED FORCES)
§ 846. Art. 46. Opportunity to obtain witnesses and other evidence
(a) Opportunity To Obtain Witnesses and Other Evidence.—
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe.
(b) Defense Counsel Interview of Victim of Alleged Sex-Related Offense.—
(1) Upon notice by trial counsel to defense counsel of the name of an alleged victim of an alleged sex-related offense who trial counsel intends to call to testify at a preliminary hearing under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make any request to interview the victim through trial counsel.
(2) If requested by an alleged victim of an alleged sex-related offense who is subject to a request for interview under paragraph (1), any interview of the victim by defense counsel shall take place only in the presence of trial counsel, a counsel for the victim, or a Sexual Assault Victim Advocate.
(3) In this subsection, the term “alleged sex-related offense” means any allegation of—
(A) a violation of section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125); or
(B) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80).
(c) Process.—
Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–163, div. A, title X, § 1057(a)(6), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 113–66, div. A, title XVII, § 1704, Dec. 26, 2013, 127 Stat. 958.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
846
50:621.
May 5, 1950, ch. 169, § 1 (Art. 46), 64 Stat. 122.
The word “Commonwealths” is inserted to reflect the present status of Puerto Rico.
heading: Amendments
text: 2013—Pub. L. 113–66 designated existing provisions as subsecs. (a) and (c), inserted headings, and added subsec. (b).
2006—Pub. L. 109–163 substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.
10 U.S.C. § 856 (ARMED FORCES)
§ 856. Art. 56. Maximum limits
The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 113–66, div. A, title XVII, § 1702(a)(1), (2)(A), Dec. 26, 2013, 127 Stat. 959.)
heading: Amendment of Section
text: Pub. L. 113–66, div. A, title XVII, § 1705(a)(1), (2)(A), (c), Dec. 26, 2013, 127 Stat. 959, 960, provided that, effective 180 days after Dec. 26, 2013, and applicable to offenses specified in subsection (b)(2) of this section committed on or after that date, this section is amended:
(1) by amending the section catchline to read as follows:
“§ 856. Art. 56. Maximum and minimum limits”;
(2) by inserting “(a)” before “The punishment”; and
(3) by adding at the end the following new subsection:
(b)(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60).
(2) Paragraph (1) applies to the following offenses:
(A) An offense in violation of subsection (a) or (b) of section 920 of this title (article 120(a) or (b)).
(B) Rape and sexual assault of a child under subsection (a) or (b) of section 920b of this title (article 120b).
(C) Forcible sodomy under section 925 of this title (article 125).
(D) An attempt to commit an offense specified in subparagraph (A), (B), or (C) that is punishable under section 880 of this title (article 80).
See 2013 Amendment notes below.
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
856
50:637.
May 5, 1950, ch. 169, § 1 (Art. 56), 64 Stat. 126.
The word “may” is substituted for the word “shall”.
heading: Amendments
text: 2013—Pub. L. 113–66 substituted “Maximum and minimum limits” for “Maximum limits” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).
heading: Effective Date of 2013 Amendment
text: Amendments by Pub. L. 113–66 effective 180 days after Dec. 26, 2013, and applicable to offenses specified in section 856(b)(2) of title 10 committed on or after that date, see section 1705(c) of Pub. L. 113–66, set out as a note under section 818 of this title.
10 U.S.C. § 925 (ARMED FORCES)
§ 925. Art 125. Forcible sodomy; bestiality
(a) Forcible Sodomy.—
Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex by force or without the consent of the other person is guilty of forcible sodomy and shall be punished as a court-martial may direct.
(b) Bestiality.—
Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct.
(c) Scope of Offenses.—
Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).
(Aug. 10, 1956, ch. 1041, 70A Stat. 74; Pub. L. 113–66, div. A, title XVII, § 1707(a), Dec. 26, 2013, 127 Stat. 961.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
925(a)
925(b)
50:719(a).
50:719(b).
May 5, 1950, ch. 169, § 1 (Art. 125), 64 Stat. 141.
heading: Amendments
text: 2013—Pub. L. 113–66 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offense.
“(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.”
10 U.S.C. § 949f (ARMED FORCES)
§ 949f. Challenges
(a) Challenges Authorized.—
The military judge and primary or alternate members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Peremptory Challenges.—
The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause. Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.
(c) Challenges Against Additional Members.—
Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2586; amended Pub. L. 113–66, div. A, title X, § 1031(b), Dec. 26, 2013, 127 Stat. 850.)
heading: Prior Provisions
text: A prior section 949f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to challenges, prior to the general amendment of this chapter by Pub. L. 111–84.
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 113–66, § 1031(b)(1), inserted “primary or alternate” before “members”.
Subsec. (b). Pub. L. 113–66, § 1031(b)(2), inserted at end “Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.”.
10 U.S.C. § 1036 (ARMED FORCES)
[§ 1036. Repealed. Pub. L. 113–66, div. A, title VI, § 621(a)(2)(A), Dec. 26, 2013, 127 Stat. 783]
text: Section, added Pub. L. 86–160, § 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, § 913(a), Sept. 24, 1983, 97 Stat. 640, provided for transportation and travel allowances for escorts for dependents of members.
10 U.S.C. § 1053a (ARMED FORCES)
§ 1053a. Repealed. Pub. L. 113–66, div. A, title VI, § 621(c)(2)(A), Dec. 26, 2013, 127 Stat. 784
text: Section, added Pub. L. 106–398, § 1 [[div. A], title V, § 579(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141, related to reimbursement for expenses incurred in connection with leave canceled due to contingency operations.
10 U.S.C. § 1134a (ARMED FORCES)
§ 1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
(a) Establishment.—
There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
(b) Enrollment.—
The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
(c) Issuance of Enrollment Certificate.—
Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
(d) Entitlement to Special Pension; Notice to Secretary of Veterans Affairs.—
The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.
(Added Pub. L. 113–66, div. A, title V, § 563(a)(1), Dec. 26, 2013, 127 Stat. 767.)
heading: Effective Date
text: Pub. L. 113–66, div. A, title V, § 563(d), Dec. 26, 2013, 127 Stat. 768, provided that: “The amendments made by this section [enacting this section, amending section 1562 of Title 38, Veterans’ Benefits, and repealing sections 1560 and 1561 of Title 38] shall apply with respect to Medals of Honor awarded on or after the date of the enactment of this Act [Dec. 26, 2013].”
10 U.S.C. § 1135 (ARMED FORCES)
§ 1135. Replacement of military decorations
(a) Replacement.—
In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.
(b) Prompt Replacement Required.—
When a request for the replacement of a military decoration is received under this section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary concerned shall ensure that—
(1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and
(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 90 days after verification of the service record.
(c) Military Decoration Defined.—
In this section, the term “decoration” means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.
(Added Pub. L. 110–417, [div. A], title V, § 571(a), Oct. 14, 2008, 122 Stat. 4471; amended Pub. L. 113–66, div. A, title V, § 564, Dec. 26, 2013, 127 Stat. 768.)
heading: Amendments
text: 2013—Subsecs. (b), (c). Pub. L. 113–66 added subsec. (b) and redesignated former subsec. (b) as (c).
10 U.S.C. § 1565b (ARMED FORCES)
§ 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates
(a) Availability of Legal Assistance and Victim Advocate Services.—
(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following:
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title.
(B) Assistance provided by a Sexual Assault Response Coordinator.
(C) Assistance provided by a Sexual Assault Victim Advocate.
(2) A member of the armed forces or dependent who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
(3) Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates under paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault.
(b) Restricted Reporting.—
(1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, without initiating an official investigation of the allegations.
(2) The individuals specified in this paragraph are the following:
(A) A Sexual Assault Response Coordinator.
(B) A Sexual Assault Victim Advocate.
(C) Healthcare personnel specifically identified in the regulations required by paragraph (1).
(Added Pub. L. 112–81, div. A, title V, § 581(b)(1), Dec. 31, 2011, 125 Stat. 1431; amended Pub. L. 113–66, div. A, title XVII, § 1716(a)(3)(C), Dec. 26, 2013, 127 Stat. 969.)
heading: Amendments
text: 2013—Subsec. (a)(1)(A). Pub. L. 113–66 substituted “sections 1044 and 1044e” for “section 1044”.
heading: Legal Assistance for Victims of Sexual Assault
text: Pub. L. 112–81, div. A, title V, § 581(a), Dec. 31, 2011, 125 Stat. 1430, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to victims of sexual assault. Such regulations shall require that legal assistance be provided by military or civilian legal assistance counsel pursuant to section 1044 of title 10, United States Code.”
10 U.S.C. § 2277 (ARMED FORCES)
§ 2277. Report on foreign counter-space programs
(a) Report Required.—
Not later than January 1 of each year, the Secretary of Defense and the Director of National Intelligence shall jointly submit to Congress a report on the counter-space programs of foreign countries.
(b) Contents.—
Each report required under subsection (a) shall include—
(1) an explanation of whether any foreign country has a counter-space program that could be a threat to the national security or commercial space systems of the United States; and
(2) the name of each country with a counter-space program described in paragraph (1).
(c) Form.—
(1) In general.—
Except as provided in paragraphs (2) and (3), each report required under subsection (a) shall be submitted in unclassified form.
(2) Classified annex.—
The Secretary of Defense and the Director of National Intelligence may submit to the covered congressional committees a classified annex to a report required under subsection (a) containing any classified information required to be submitted for such report.
(3) Foreign country names.—
(A) Unclassified form.—
Subject to subparagraph (B), each report required under subsection (a) shall include the information required under subsection (b)(2) in unclassified form.
(B) National security waiver.—
The Secretary of Defense and the Director of National Intelligence may waive the requirement under subparagraph (A) if the Secretary and the Director of National Intelligence jointly determine it is in the interests of national security to waive such requirement and submits to Congress an explanation of why the Secretary and the Director waived such requirement.
(d) Covered Congressional Committees Defined.—
In this section, the term “covered congressional committees” means the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(Added Pub. L. 112–239, div. A, title IX, § 913(c)(1), Jan. 2, 2013, 126 Stat. 1875.)
heading: Prior Provisions
text: A prior section 2277, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to availability of appropriations, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
10 U.S.C. § 2278 (ARMED FORCES)
§ 2278. Notification of foreign interference of national security space
(a) Notice Required.—
The Commander of the United States Strategic Command shall, with respect to each intentional attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability, provide to the appropriate congressional committees—
(1) not later than 48 hours after the Commander determines that there is reason to believe such attempt occurred, notice of such attempt; and
(2) not later than 10 days after the date on which the Commander determines that there is reason to believe such attempt occurred, a notification described in subsection (b) with respect to such attempt.
(b) Notification Description.—
A notification described in this subsection is a written notification that includes—
(1) the name and a brief description of the national security space capability that was impacted by an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability;
(2) a description of such attempt, including the foreign actor, the date and time of such attempt, and any related capability outage and the mission impact of such outage; and
(3) any other information the Commander considers relevant.
(c) Appropriate Congressional Committees Defined.—
In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees; and
(2) with respect to a notice or notification related to an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(Added Pub. L. 113–66, div. A, title IX, § 911(a), Dec. 26, 2013, 127 Stat. 823.)
heading: Prior Provisions
text: A prior section 2278, act Aug. 10, 1956, ch. 1041, 70A Stat. 127, related to purchases of sample aircraft, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(1), Nov. 30, 1993, 107 Stat. 1704.
10 U.S.C. § 2359a (ARMED FORCES)
[§ 2359a. Repealed. Pub. L. 112–81, div. A, title II, § 251(a)(1), Dec. 31, 2011, 125 Stat. 1347]
text: Section, added Pub. L. 107–314, div. A, title II, § 242(a)(1), Dec. 2, 2002, 116 Stat. 2494; amended Pub. L. 109–163, div. A, title II, § 255(a), Jan. 6, 2006, 119 Stat. 3180; Pub. L. 109–364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title II, § 233, Jan. 28, 2008, 122 Stat. 46; Pub. L. 110–417, [div. A], title II, § 253(b), Oct. 14, 2008, 122 Stat. 4402, related to Technology Transition Initiative.
heading: Effective Date of Repeal
text: Pub. L. 112–81, div. A, title II, § 251(b), Dec. 31, 2011, 125 Stat. 1347, provided that: “The amendments made by subsection (a) [repealing this section] shall take effect on October 1, 2013.”