### §12310. Reserves: for organizing, administering, etc., reserve components

(a) Authority.—(1) 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.

(2) 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.

(b) Duties.—A Reserve on active duty under subsection (a) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve's primary Active Guard and Reserve duties described in subsection (a)(1):

(1) Supporting operations or missions assigned in whole or in part to the 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 combatant commands regarding reserve component matters.

(4) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—

(A) active-duty members of the armed forces;

(B) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);

(C) Department of Defense contractor personnel; or

(D) Department of Defense civilian employees.

(c) Operations Relating to Defense Against Weapons of Mass Destruction and Terrorist Attacks.—(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 any of the following:

(A) 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.

(B) A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.

(C) 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.

(D) A natural or manmade disaster in the United States that results in, 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 duty described in paragraph (1) only while assigned to a reserve component weapons of mass destruction civil support team.

(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 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.

(6) If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of paragraphs (1) and (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).

(7) In this subsection, the term "United States" includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, §678; renumbered §12310 and amended Pub. L. 103–337, div. A, title XVI, §§1662(e)(2), 1675(c)(7), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 104–201, div. A, title V, §541, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105–261, div. A, title V, §511(b)(1), Oct. 17, 1998, 112 Stat. 2006; Pub. L. 106–65, div. A, title V, §§555(a), (b), 556, title X, §1067(1), Oct. 5, 1999, 113 Stat. 617–619, 774; Pub. L. 107–314, div. A, title V, §514(b), title IX, §933, Dec. 2, 2002, 116 Stat. 2539, 2626; Pub. L. 109–364, div. A, title V, §§525(a), 527, Oct. 17, 2006, 120 Stat. 2193, 2196; Pub. L. 111–84, div. A, title X, §1073(a)(34), Oct. 28, 2009, 123 Stat. 2474.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 678(a)678(b) | 50:962 (2d sentence).50:962 (less 1st and 2d sentences). | July 9, 1952, ch. 608, §234, (less 1st sentence), 66 Stat. 490. |

678(b)

50:962 (less 1st and 2d sentences).

In subsection (a), the words "to active duty under section 672(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components" are substituted for the words "into the active military service of the United States under the provisions of this section". The words "his reserve grade" are substituted for the words "held by them in the Reserve of their Armed Force". The words "as a Reserve", in the last sentence of the revised subsection, are substituted for the words "in the Reserve of their Armed Force". The word "Hereafter" is omitted as surplusage.

Subsection (b) is substituted for 50:962 (less 1st and 2d sentences).

#### **Editorial Notes**

#### Amendments

2009—Subsec. (c)(1)(A). Pub. L. 111–84 substituted "section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1))" for "section 12304(i)(2) of this title".

2006—Subsecs. (a), (b). Pub. L. 109–364, §525(a), amended subsecs. (a) and (b) generally, substituting provisions relating to authority of the Secretary concerned to order a member of a reserve component to active duty and setting forth duties including supporting operations or missions, providing advice regarding reserve component matters, and providing instruction or training of active-duty members of the armed forces or foreign military forces and Department of Defense contractor personnel or civilian employees, for provisions relating to grade when a Reserve is ordered to active duty and setting forth duties including supporting operations or missions and providing advice regarding reserve component matters.

Subsec. (c). Pub. L. 109–364, §527(b)(1), substituted "Operations Relating to Defense Against Weapons of Mass Destruction and Terrorist Attacks" for "Duties Relating to Defense Against Weapons of Mass Destruction" in heading.

Subsec. (c)(1). Pub. L. 109–364, §527(a)(1)(A), substituted "involving any of the following:" for "involving—" in introductory provisions.

Subsec. (c)(1)(A) to (D). Pub. L. 109–364, §527(a)(1)(B), added subpars. (A) to (D) and struck out former subpars. (A) and (B) which read as follows:

"(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."

Subsec. (c)(3). Pub. L. 109–364, §527(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "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."

Subsec. (c)(5). Pub. L. 109–364, §527(b)(2), substituted "weapons of mass destruction civil support team" for "rapid assessment element team".

Subsec. (c)(6). Pub. L. 109–364, §527(b)(3)(A), substituted "paragraphs (1) and (3)" for "paragraph (3)" in introductory provisions.

Subsec. (c)(6)(B). Pub. L. 109–364, §527(b)(3)(B), substituted "(3)" for "(3)(B)".

Subsec. (c)(7). Pub. L. 109–364, §527(a)(3), added par. (7).

2002—Subsec. (c)(1). Pub. L. 107–314, §514(b), substituted "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."

for "involving the 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)))."

Subsec. (c)(3). Pub. L. 107–314, §933, substituted "only while assigned" for "only—

"(A) while assigned to the Department of Defense Consequence Management Program Integration Office; or

"(B) while assigned".

1999—Subsec. (a). Pub. L. 106–65, §555(b)(1), inserted heading.

Subsec. (b). Pub. L. 106–65, §555(a)(2), added subsec. (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 106–65, §555(b)(2), inserted heading.

Subsec. (c)(1). Pub. L. 106–65, §555(b)(2), substituted "Notwithstanding subsection (b), a Reserve" for "A Reserve".

Subsec. (c)(4). Pub. L. 106–65, §556(a), struck out first sentence which read as follows: "The number of Reserves on active duty who are performing duties described in paragraph (1) at the same time may not exceed 228."

Subsec. (c)(5). Pub. L. 106–65, §1067(1), substituted "and the Committee on Armed Services" for "and the Committee on National Security".

Subsec. (c)(6). Pub. L. 106–65, §556(b), struck out "or to increase the number of personnel authorized by paragraph (4)" after "requirements of paragraph (3)" in introductory provisions and "or for the requested additional personnel and explain the need for the increase in the context of existing or projected similar capabilities at the local, State, and Federal levels" after "modification" in subpar. (A).

Subsec. (d). Pub. L. 106–65, §555(a)(1), (b)(3), redesignated subsec. (b) as (d) and inserted heading.

1998—Subsec. (c). Pub. L. 105–261 added subsec. (c).

1996—Subsec. (b). Pub. L. 104–201 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "To assure that a Reserve on duty under subsection (a) receives periodic refresher training in the categories for which he is qualified, the Secretary concerned may detail him to duty with any armed force, or otherwise as the Secretary sees fit."

1994—Pub. L. 103–337, §1662(e)(2), renumbered section 678 of this title as this section.

Subsec. (a). Pub. L. 103–337, §1675(c)(7), substituted "12301(d)" for "672(d)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

#### Additional Weapons of Mass Destruction Civil Support Teams

Pub. L. 107–314, div. A, title XIV, §1403, Dec. 2, 2002, 116 Stat. 2676, as amended by Pub. L. 112–239, div. A, title XIV, §1435(a), Jan. 2, 2013, 126 Stat. 2051, provided that:

"(a) Establishment of Additional Teams.—The Secretary of Defense shall—

"(1) establish 23 additional teams designated as Weapons of Mass Destruction Civil Support Teams, for a total of 55 such teams; and

"(2) ensure that of such 55 teams, there is at least one team established in each State and territory.

"(b) Establishment of Further Additional Teams.—The Secretary of Defense is authorized to have established two additional teams designated as Weapons of Mass Destruction Civil Support Teams, beyond the 55 teams required in subsection (a), if—

"(1) 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

"(2) 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].

"(c) Limitation of Establishment of Further Teams.—No Weapons of Mass Destruction Civil Support Team may be established beyond the number authorized by subsections (a) and (b) unless—

"(1) the Secretary submits to Congress a request for authority to establish such team, including a detailed justification for its establishment; and

"(2) 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.

"(d) Notification of Disestablishment of Teams.—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.

"(e) Definitions.—For purposes of this section:

"(1) 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.

"(2) The term 'State and territory' means each of the several States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands."