
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12311]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 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 Transportation 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, Sec. 679; Pub. L. 96-513, title 
V, Sec. 511(19), Dec. 12, 1980, 94 Stat. 2921; renumbered Sec. 12311, 
Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 
Stat. 2992.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
679(a)................................  50:963(a) (less last sentence).      Ju
ly 9, 1952, ch. 608, Secs.  235
                                        50:963(c).                            (
less last sentence of (a), and
                                        50:963(f).                            l
ess (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

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 12312 of this title; title 14 
section 41a.
