10-U.S.C.-12311
§12311 – Active Duty Agreements
Pathway
Title 10 > Subtitle E > Part II > Chapter 1209 > Section 12311
Details
- Reference: Section 12311
- Legend: §12311 – Active Duty Agreements
- USCode Year: 2013
Provision Content
(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 §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.)
| 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.
Amendments
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.
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12244 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12244, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12243 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12243, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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