US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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 , the Reserve concerned may be kept on active duty, without his consent, as otherwise prescribed by law.

Aug. 10, 1956, ch. 104170A Stat. 30Pub. L. 96–513, title V, § 511(19)94 Stat. 2921Pub. L. 103–337, div. A, title XVI, § 1662(e)(2)108 Stat. 2992Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314(, , § 679; , , ; renumbered § 12311, , , ; , , .)

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

Amendments

Pub. L. 107–2962002—Subsec. (c). substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Pub. L. 103–337section 679 of this title1994— renumbered as this section.

Pub. L. 96–5131980—Subsec. (c). substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .