Federal · Title 10 — Armed Forces

10 U.S.C. § 12310: Reserves: for organizing, administering, etc., reserve components

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The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12301(d) of this title to perform Active Guard and Reserve duty organizing, administering, recruiting, instructing, or training the reserve components. A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified. Supporting operations or missions assigned in whole or in part to the reserve components. a unit composed of elements from more than one component of the same armed force; or one or more reserve component units; or a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit. Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters. active-duty members of the armed forces; members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); Department of Defense contractor personnel; or Department of Defense civilian employees. The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2302(1) )) in the United States. A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property. The intentional or unintentional release of nuclear, biological, radiological, or toxic or poisonous chemical materials in the United States that results, or could result, in catastrophic loss of life or property. A natural or manmade disaster in the United States that results in, or could result in, catastrophic loss of life or property. The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a Reserve performing duties under the authority of paragraph (1) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that Reserve who are performing duties as described in subsection (a). A Reserve may perform duty described in paragraph (1) only while assigned to a reserve component weapons of mass destruction civil support team. Reserves on active duty who are performing duties described in paragraph (1) shall be counted against the annual end strength authorizations required by section 115(a)(1)(B) and 115(a)(2) of this title. The justification material for the defense budget request for a fiscal year shall identify the number and component of the Reserves programmed to be performing duties described in paragraph (1) during that fiscal year. A reserve component weapons of mass destruction civil support team, and any Reserve assigned to such a team, may not be used to respond to an emergency described in paragraph (1) unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that that team, or that Reserve, possesses the requisite skills, training, and equipment to be proficient in all mission requirements. justification for each such requested modification; and the Secretary’s plan for sustaining the qualifications of the personnel and teams described in paragraph (3). In this subsection, the term “United States” includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. A Reserve on active duty as described in subsection (a) may be provided training consistent with training provided to other members on active duty, as the Secretary concerned sees fit. establish 23 additional teams designated as Weapons of Mass Destruction Civil Support Teams, for a total of 55 such teams; and ensure that of such 55 teams, there is at least one team established in each State and territory. the Secretary of Defense has made the certification provided for in section 12310(c)(5) of title 10 , United States Code, with respect to each of such additional teams before December 31, 2011 ; and the establishment of such additional teams does not require an increase in authorized personnel levels above the numbers authorized as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 [ Pub. L. 112–239 , approved Jan. 2, 2013 ]. the Secretary submits to Congress a request for authority to establish such team, including a detailed justification for its establishment; and the establishment of such team is specifically authorized by a law enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013. No Weapons of Mass Destruction Civil Support Team established pursuant to this section may be disestablished unless, by not later than 90 days before the date on which such team is disestablished, the Secretary submits to the congressional defense committees [Committees 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. The term ‘Weapons of Mass Destruction Civil Support Team’ means a team of members of the reserve components of the Armed Forces that is established 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 involving the use of a weapon of mass destruction. The term ‘State and territory’ means each of the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.”

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