
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6485]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 575--RECALL TO ACTIVE DUTY
 
Sec. 6485. 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 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 417; Pub. L. 95-79, title VIII, 
Sec. 805, July 30, 1977, 91 Stat. 333.)

                                          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   Ju
ne 25, 1938, ch. 690, Sec.  205
                                         proviso).                            (
1st 87 words of 2d proviso), 52
                                                                              S
tat. 1179; July 9, 1952, ch. 608,
                                                                              S
ec.  808, 66 Stat. 508.
                                        34 U.S.C. 854e (less 2d through 5th  Ju
ne 25, 1938, ch. 690, Sec.  206
                                         provisos).                           (
less 2d through 5th provisos), 52
                                                                              S
tat. 1179; Apr. 25, 1940, ch.
                                                                              1
53, 54 Stat. 162.
                                        34 U.S.C. 854 (note).                Ju
ly 9, 1952, ch. 608, Sec.  803
                                                                              (
3d sentence), 66 Stat. 505.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the words ``A member of the Fleet Reserve or the 
Fleet Marine Corps Reserve'' are substituted for the words ``That men so 
transferred to the Fleet Reserve * * * or other provision of law'' for 
clarity. It is clear from the legislative history of the Armed Forces 
Reserve Act of 1952 that the amendment to the second proviso of 34 
U.S.C. 854d made by that Act was intended to cover all members of the 
Fleet Reserve and Fleet Marine Corps Reserve.
    In subsection (b) the word ``enlisted'' is omitted as surplusage 
since only enlisted members may transfer to the Fleet Reserve and Fleet 
Marine Corps Reserve. The words ``after 16 years' or more service'' are 
omitted as surplusage since all the members of the Fleet Reserve and 
Fleet Marine Corps Reserve are in that category. The words ``If any 
member fails to report for the physical examination'' are substituted 
for the words ``upon failure * * * of such member to report for 
inspection'' to reflect the true meaning of the section. The words 
``Under such conditions as may be prescribed by the Secretary of the 
Navy'' are omitted as unnecessary since the authority to order a 
forfeiture is entirely within the Secretary's discretion.


                               Amendments

    1977--Subsec. (b). Pub. L. 95-79 struck out requirements relating to 
physical examinations for members of the Fleet Reserve and Fleet Marine 
Corps Reserve.

                  Section Referred to in Other Sections

    This section is referred to in section 6331 of this title.
