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10 U.S.C. § 8385 — Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—
(1) in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;
(2) in time of national emergency declared by the President; or
(3) when otherwise authorized by law.
**(b)** In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.
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Source file: Laws/federal/codes/united-states-code/title-10/section-8385-members-of-the-fleet-reserve-and-fleet-marine-corps-reserve-authority-to--d108c73b9d.md
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Source location: Title 10, Chapter 845, § 8385; chapter-845-recall-to-active-duty.md
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**(a)** A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—
(1) in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;
(2) in time of national emergency declared by the President; or
(3) when otherwise authorized by law.
**(b)** In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When he has completed 30 years of service, or when he is found not physically qualified in an examination under [section 8385 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8385&num=0&edition=prelim), a member of the Fleet Reserve or the Fleet Marine Corps Reserve shall be transferred—
(1) to the retired list of the Regular Navy or the Regular Marine Corps, as appropriate, if he was a member of the Regular Navy or the Regular Marine Corps at the time of his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve; or
(2) to the appropriate Retired Reserve, if he was a member of the Navy Reserve or the Marine Corps Reserve at the time of his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve.
**(b)** For the purpose of subsection (a), a member’s years of service are computed by adding—
(1) the years of service credited to him upon his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve;
(2) his years of active and inactive service in the armed forces before his transfer to the Fleet Reserve or the Fleet Marine Corps Reserve not credited to him upon that transfer; and
(3) his years of service, active and inactive, in the Fleet Reserve or the Fleet Marine Corps Reserve.
**(c)** Unless otherwise entitled to higher pay, each member transferred to the retired list or the Retired Reserve under this section is entitled to retired pay at the same rate as the retainer pay to which he was entitled at the time of his transfer to the retired list or the Retired Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
Page 3251
TITLE 10—ARMED FORCES
§ 8386
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 8385. Members of the Fleet Reserve and Fleet
Marine Corps Reserve: authority to recall
(a) A member of the Fleet Reserve or the Fleet
Marine Corps Reserve may be ordered by com-
petent authority to active duty without his con-
sent—
(1) in time of war or national emergency de-
clared by Congress, for the duration of the war
or national emergency and for six months
thereafter;
(2) in time of national emergency declared
by the President; or
(3) when otherwise authorized by law.
(b) In time of peace any member of the Fleet
Reserve or the Fleet Marine Corps Reserve may
be required to perform not more than two
months’ active duty for training in each four-
year period.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6485; Pub.
L. 95–79, title VIII, § 805, July 30, 1977, 91 Stat.
333; renumbered § 8385, Pub. L. 115–232, div. A,
title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat.
1836.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
6485 .........
34 U.S.C. 854d (1st 87
words of 2d proviso).
June 25, 1938, ch. 690, § 205
(1st 87 words of 2d pro-
viso), 52 Stat. 1179;
July 9, 1952, ch. 608,
§ 808, 66 Stat. 508.
34 U.S.C. 854e (less 2d
through 5th provisos).
June 25, 1938, ch. 690, § 206
(less 2d through 5th
provisos), 52 Stat. 1179;
Apr. 25, 1940, ch. 153, 54
Stat. 162.
34 U.S.C. 854 (note).
July 9, 1952, ch. 608, § 803
(3d sentence), 66 Stat.
505.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8385
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.