§ 12311. Active duty agreements

Statutory text

To provide definite terms of active duty (other than for training) for Reserves with their consent, the Secretary concerned may make a standard written agreement with any member of a reserve component under his jurisdiction requiring the member to serve for a period of active duty (other than for training) of not more than five years. When such an agreement expires, a new one may be made. This subsection does not apply in time of war declared by Congress.

An agreement may not be made under subsection (a) unless the specified period of duty is at least 12 months longer than any period of active duty that the member is otherwise required to perform.

Agreements made under subsection (a) shall be uniform so far as practicable, and are subject to such standards and policies as may be prescribed by the Secretary of Defense for the armed forces under his jurisdiction or by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

If an agreement made under subsection (a) expires during a war or during a national emergency declared by Congress or the President after January 1, 1953, the Reserve concerned may be kept on active duty, without his consent, as otherwise prescribed by law.

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.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679 · 70A Stat. 30
Enacted · 10 U.S.C. § 12311
Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(19) · 94 Stat. 2835
Substituted · 10 U.S.C. § 12311(c)
Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Enacted provision · exact public law section
(19) Section 679(c) is amended by striking out “Secretary of the Treasury” and inserting in lieu thereof “Secretary of Transportation”.
1994
Reserve Officer Personnel Management Act
Pub. L. 103–337 div. A title XVI § 1662(e)(2) · 108 Stat. 2663
Changed · 10 U.S.C. § 12311
Pub. L. 103–337 renumbered section 679 of this title as this section
Source evidence
Code amendment note
Pub. L. 103–337 renumbered section 679 of this title as this section.
Enacted provision · exact public law section
(2) Sections 672 through 673a, section 673b (as amended by section 511), sections 673c through 687, section 689 (as amended by section 1625), and section 690 are transferred to chapter 1209, as added by paragraph (1), inserted after the table of sections, and redesignated as follows: Section Redesignated section 672 12301 673 12302 673a 12303 673b 12304 673c 12305 674 12306 675 12307 676 12308 677 12309 678 12310 679 12311 680 12312 681 12313 682 12314 683 12315 684 12316 685 12317 686 12318 687 12319 689 12320 690 12321
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135
Substituted · 10 U.S.C. § 12311(c)
Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Enacted provision · exact public law section
(1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.
Effective date note
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
679(a)	50:963(a) (less last sentence).50:963(c).50:963(f).	July 9, 1952, ch. 608, §§ 235 (less last sentence of (a), and less (b)), 236, 66 Stat. 491.
679(b)	50:963(d).
679(c)	50:963(e).
679(d)	50:964.

In subsection (a), the words “To provide definite terms of active duty for” are substituted for the words “In order that * * * may remain on or be ordered to active duty * * * for terms of service of definite duration”. The words “with their consent” are substituted for the word “voluntarily”. The words “requiring the member to serve” are substituted for 50:963(c). The words “more than” are substituted for the words “to exceed”. The second sentence is substituted for 50:963(a) (2d sentence). The word “hereafter” is omitted as surplusage. 50:963(f) is omitted as executed. The words “under his jurisdiction” are inserted for clarity.

In subsection (b), the words “is at least * * * longer” are substituted for the words “exceeds by at least”. The words “active duty that the member is otherwise required to perform” are substituted for the words “obligated or involuntary active duty to which he is otherwise liable”.

In subsection (c), the words “for the armed forces under his jurisdiction” are inserted for clarity.

Editorial Notes

Amendments1980–2002 · 3 rounds

2002

Subsec. (c). Pub. L. 107–296 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

1994

Pub. L. 103–337 renumbered section 679 of this title as this section.

1980

Subsec. (c). Pub. L. 96–513 substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–2002 · 4 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679
1980Pub. L. 96–513, title V, § 511(19), Dec. 12, 1980, 94 Stat. 2921
1994renumbered § 12311, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992
2002Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, § 679; Pub. L. 96–513, title V, § 511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12311, Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)