
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: 10USC12310]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 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 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))).
    (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--
        (A) while assigned to the Department of Defense Consequence 
    Management Program Integration Office; or
        (B) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 30, Sec. 678; renumbered Sec. 12310 
and amended Pub. L. 103-337, div. A, title XVI, Secs. 1662(e)(2), 
1675(c)(7), Oct. 5, 1994, 108 Stat. 2992, 3017; Pub. L. 104-201, div. A, 
title V, Sec. 541, Sept. 23, 1996, 110 Stat. 2521; Pub. L. 105-261, div. 
A, title V, Sec. 511(b)(1), Oct. 17, 1998, 112 Stat. 2006; Pub. L. 106-
65, div. A, title V, Secs. 555(a), (b), 556, title X, Sec. 1067(1), Oct. 
5, 1999, 113 Stat. 617-619, 774.)

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

    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).


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65, Sec. 555(b)(1), inserted heading.
    Subsec. (b). Pub. L. 106-65, Sec. 555(a)(2), added subsec. (b). 
Former subsec. (b) redesignated (d).
    Subsec. (c). Pub. L. 106-65, Sec. 555(b)(2), inserted heading.
    Subsec. (c)(1). Pub. L. 106-65, Sec. 555(b)(2), substituted 
``Notwithstanding subsection (b), a Reserve'' for ``A Reserve''.
    Subsec. (c)(4). Pub. L. 106-65, Sec. 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, Sec. 1067(1), substituted ``and the 
Committee on Armed Services'' for ``and the Committee on National 
Security''.
    Subsec. (c)(6). Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 1662(e)(2), renumbered section 678 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(c)(7), substituted 
``12301(d)'' for ``672(d)''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 12318 of this title.
