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 period of duty is at least 12 months longer than any period of ac- tive 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 emer- gency declared by Congress or the President after January 1, 1953, the Reserve concerned may be kept on active duty, without his con- sent, as otherwise prescribed by law. (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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 679(a) ...... 50:963(a) (less last sen- tence). 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 ac- tive duty * * * for terms of service of definite dura- tion’’. 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 sur- plusage. 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 ‘‘ob- ligated or involuntary active duty to which he is other- wise 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 ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of Trans- portation’’. 1994—Pub. L. 103–337 renumbered section 679 of this title as this section. 1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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 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. § 12312. Active duty agreements: release from duty (a) Each agreement made under section 12311(a) of this title shall provide that the mem- ber may not be released from active duty with- out his consent during the period of the agree- ment— (1) because of a reduction in the actual per- sonnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers ap- pointed by an authority designated by the Sec- retary concerned to determine the members to be released from active duty under regulations prescribed by the Secretary; or (2) for any other reason, without an oppor- tunity to be heard by a board of officers before the release, unless he is (A) dismissed or dis- charged under the sentence of a court-martial, (B) released because of an unexplained absence without leave for at least three months, (C) re- leased because he is convicted and sentenced to confinement in a Federal or State peniten- tiary or correctional institution and the sen- tence has become final, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade or because he is considered as having failed of selection for promotion to the next higher grade and has not been rec-