10 U.S.C. § 12311 — Active duty agreements
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 222 words · no verdicts yet
The Secretary can sign a reservist to a written active-duty agreement of up to five years. The term must be at least 12 months longer than duty already owed. If it expires during a war or emergency, the member can be kept on duty without consent.
(a) To set definite terms of active duty* (other than for training) with a consenting reservist, the Secretary can make a standard written agreement requiring the member to serve up to five years of active duty. When that agreement expires, a new one can be made. This doesn't apply during a war Congress has declared.
(b) An agreement under (a) can't be made unless the agreed period is at least 12 months longer than any active duty the member is already required to serve.
(c) Agreements under (a) must be uniform as far as practical, and follow standards the Defense Secretary sets (or the Homeland Security Secretary sets for the Coast Guard, when it's not part of the Navy).
(d) If an agreement under (a) expires during a war or a national emergency Congress or the President declared after January 1, 1953, the reservist can be kept on active duty without consent, as otherwise allowed by law.
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.
Source credit: (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.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2921
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2992
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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