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U.S. Code as of:
01/19/04
Section 12310. Reserves: for organizing, administering, etc., reserve components
(a) Grade When Ordered to Active Duty. - A Reserve ordered to
active duty under section 12301(d) of this title in connection with
organizing, administering, recruiting, instructing, or training the
reserve components shall be ordered in his reserve grade. While so
serving he continues to be eligible for promotion as a Reserve, if
he is otherwise qualified.
(b) Duties. - A Reserve on active duty as described in subsection
(a) may be assigned only duties in connection with the functions
described in that subsection, which may include the following:
(1) Supporting operations or missions assigned in whole or in
part to reserve components.
(2) Supporting operations or missions performed or to be
performed by -
(A) a unit composed of elements from more than one component
of the same armed force; or
(B) a joint forces unit that includes -
(i) one or more reserve component units; or
(ii) a member of a reserve component whose reserve
component assignment is in a position in an element of the
joint forces unit.
(3) Advising the Secretary of Defense, the Secretaries of the
military departments, the Joint Chiefs of Staff, and the
commanders of the unified combatant command regarding reserve
component matters.
(c) Duties Relating to Defense Against Weapons of Mass
Destruction. - (1) Notwithstanding subsection (b), a Reserve on
active duty as described in subsection (a), or a Reserve who is a
member of the National Guard serving on full-time National Guard
duty under section 502(f) of title 32 in connection with functions
referred to in subsection (a), may, subject to paragraph (3),
perform duties in support of emergency preparedness programs to
prepare for or to respond to any emergency involving -
(A) the use of a weapon of mass destruction (as defined in
section 12304(i)(2) of this title); or
(B) a terrorist attack or threatened terrorist attack in the
United States that results, or could result, in catastrophic loss
of life or property.
(2) 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).
(3) A Reserve may perform duties described in paragraph (1) only
while assigned to a reserve component rapid assessment element team
and performing those duties within the geographical limits of the
United States, its territories and possessions, the District of
Columbia, and the Commonwealth of Puerto Rico.
(4) 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.
(5) A reserve component rapid assessment element 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.
(6) If the Secretary of Defense submits to Congress any request
for the enactment of legislation to modify the requirements of
paragraph (3), the Secretary shall provide with the request -
(A) justification for each such requested modification; and
(B) the Secretary's plan for sustaining the qualifications of
the personnel and teams described in paragraph (3)(B).
(d) Training. - 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.
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