---
kind: "section"
citation: "10 U.S.C. § 12323"
title: "10"
title_heading: "Armed Forces"
number: "12323"
heading: "Active duty pending line of duty determination required for response to sexual assault"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12323"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1209 — Active Duty"
---

# §12323. Active duty pending line of duty determination required for response to sexual assault

- (a) **Continuation on Active Duty.—** In the case of a member of a [reserve](/usc/10/101.md?p=c-6) component who is the alleged victim of sexual assault committed while on [active duty](/usc/10/101.md?p=d-1) and who is expected to be released from [active duty](/usc/10/101.md?p=d-1) before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a “line of duty determination”), the [Secretary concerned](/usc/10/101.md?p=a-9), upon the request of the member, may order the member to be retained on [active duty](/usc/10/101.md?p=d-1) until completion of the line of duty determination. A member eligible for continuation on [active duty](/usc/10/101.md?p=d-1) under this subsection shall be informed as soon as practicable after the alleged assault of the option to request continuation on [active duty](/usc/10/101.md?p=d-1) under this subsection.
- (b) **Return to Active Duty.—** In the case of a member of a [reserve](/usc/10/101.md?p=c-6) component not on [active duty](/usc/10/101.md?p=d-1) who is the alleged victim of a sexual assault that occurred while the member was on [active duty](/usc/10/101.md?p=d-1) and when the line of duty determination is not completed, the [Secretary concerned](/usc/10/101.md?p=a-9), upon the request of the member, may order the member to [active duty](/usc/10/101.md?p=d-1) for such time as necessary for completion of the line of duty determination.
- (c) **Regulations.—** The [Secretaries](/usc/10/12521.md?p=4) of the [military departments](/usc/10/101.md?p=a-8) shall prescribe regulations to carry out this section, subject to guidelines prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense. The guidelines of the [Secretary](/usc/10/12521.md?p=4) of Defense shall provide that—
  - (1) a request submitted by a member described in subsection [(a)](#a) or [(b)](#b) to continue on [active duty](/usc/10/101.md?p=d-1), or to be ordered to [active duty](/usc/10/101.md?p=d-1), respectively, must be decided within 30 days from the date of the request; and
  - (2) if the request is denied, the member may appeal to the first [general officer](/usc/10/101.md?p=b-4) or [flag officer](/usc/10/101.md?p=b-5) in the chain of command of the member, and in the case of such an appeal a decision on the appeal must be made within 15 days from the date of the appeal.

## Source credit

(Added Pub. L. 112–239, div. A, title V, § 571(a), Jan. 2, 2013, 126 Stat. 1753.)