10 U.S.C. § 12310
10 U.S.C. § 12310
| HISTORICAL AND REVISION NOTE | ||
| 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. |
EDITORIAL NOTES
AMENDMENTS2009-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."
- includes
- "includes" means "includes but is not limited to"; and
- Active Guard and Reserve
- The term "Active Guard and Reserve" means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty.
- National Guard
- The term "National Guard" means the Army National Guard and the Air National Guard.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active Guard and Reserve duty
- The term "active Guard and Reserve duty" means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- possessions
- The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.