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10 U.S.C. § 12311 — Active duty agreements

Federal law — U.S. Code and appendices · legal_authorities

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 January 1, 1953, the Reserve concerned may be kept on active duty, without his consent, as otherwise prescribed by law.

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Stable record: federal_law:legal_authorities:record_usc_20586263d8486048cf5fb0a9
Source file: Laws/federal/codes/united-states-code/title-10/section-12311-active-duty-agreements--d66b5fbc5f.md
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Passage SHA-256: 5600917a6a19778d0b98bc291601c55cb861627646ba3c9da577f770f05da61e

Source location: Title 10, Chapter 1209, § 12311; chapter-1209-active-duty.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 679 — Renumbered § 12311]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2102 — Active duty promotion list

**(a)** The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under [section 12311 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12311&num=0&edition=prelim), retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section shall not be included on the active duty promotion list. **(b)** Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error. **(c)** An individual appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. **(d)** A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2102

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 961 to 967 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 961, acts July 9, 1952, ch. 608, pt. II, § 233, 66 Stat. 489; Aug. 9, 1955, ch. 665, § 2(e)–(g), 69 Stat. 599, related to liability of members for active duty, limitation on recall, annual training, voluntary active duty, notification prior to active-duty orders, utilization of officers, protection of members of organized units, and to ministers of religion. See sections 12102, 12201, 12204, 12301, 12302, 12317, and 12682 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 665, § 2(e)–(g), 69 Stat. 599, was repealed by Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569. Section 962, act July 9, 1952, ch. 608, pt. II, § 234, 66 Stat. 490, related to active duty in connection with Reserve training and administration. See sections 12301 and 12310 of Title 10. Section 963, act July 9, 1952, ch. 608, pt. II, § 235, 66 Stat. 491, provided for active duty agreements, involuntary release, obligation to serve full term, prior obligated or involuntary service, uniformity of agreements. See sections 12311 and 12312 of Title 10. Section 964, act July 9, 1952, ch. 608, pt. II, § 236, 66 Stat. 491, provided for continuation of active duty. See [section 12311 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12311&num=0&edition=prelim). Section 965, act July 9, 1952, ch. 608, pt. II, § 237, 66 Stat. 492, authorized detail or assignment to duties authorized for regulars. See [section 12314 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12314&num=0&edition=prelim). Section 966, act July 9, 1952, ch. 608, pt. II, § 238, 66 Stat. 492, related to maintenance of Reserve forces in time of partial mobilization. See [section 10207 of Title 10](https://uscode.house.gov/view.xhtml?req

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 961 to 967

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12311 — Active duty agreements

Page 3675 TITLE 10—ARMED FORCES § 12312 actment of the National Defense Authorization Act for Fiscal Year 2013. ‘‘(d) NOTIFICATION OF DISESTABLISHMENT OF TEAMS.— No Weapons of Mass Destruction Civil Support Team established pursuant to this section may be disestab- lished unless, by not later than 90 days before the date on which such team is disestablished, the Secretary submits to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of the proposed disestablishment of the team and the date on which the disestablishment is proposed to take place. ‘‘(e) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘Weapons of Mass Destruction Civil Support Team’ means a team of members of the re- serve components of the Armed Forces that is estab- lished under section 12310(c) of title 10, United States Code, in support of emergency preparedness programs to prepare for or to respond to any emergency involv- ing the use of a weapon of mass destruction. ‘‘(2) The term ‘State and territory’ means each of the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.’’ § 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 re- quiring the member to serve for a period of ac- tive duty (other than for training) of not more than five years. When such an agreement ex- pires, a new one may be made. This subsection does not apply in time of war declared by Con- gress. (b) An agreement may not be made under sub- section (a) unless the specified p

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12311

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