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Title 10 — Armed ForcesRelease 119-73

§12311 Active duty agreements

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12311

Last updated Apr 6, 2026|Official source

Summary

The Secretary in charge may offer a reservist, with their consent, a written agreement to serve on active duty (not for training) for up to five years. The Secretary can renew the agreement when it ends. The agreed time must be at least 12 months longer than any active duty the member would otherwise owe. These agreements should be uniform and must follow rules set by the Secretary of Defense (or the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy). If an agreement ends during a war or a national emergency declared by Congress or the President after January 1, 1953, the member can be kept on active duty without their consent under other law.

Full Legal Text

Title 10, §12311

Armed Forces — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12311

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73