Section 12311 - Active duty agreements(a) 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.(b) 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.(c) 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.(d) 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.Aug. 10, 1956, ch. 1041, 70A Stat. 30, §679; Pub. L. 96-513, title V, §511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered §1 2311,Pub. L. 103-337, div. A, title XVI, §1662(e)(2)2311,, 108 Stat. 2992; Pub. L. 107-296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.| 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
AMENDMENTS2002-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.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.