USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS OF MASS DESTRUCTION.

SEC. 511. USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS OF MASS DESTRUCTION. (a) Order to Active Duty.— (1) Section 12304 of title 10, United States Code, is amended— (A) in subsection (a), by inserting “or that it is necessary to provide assistance referred to in subsection (b)” after “to augment the active forces for any operational mission”; (B) in subsection (b)— (i) by striking out “(b)” and inserting in lieu thereof “(c) Limitations.—(1)”; and (ii) by striking out “, or to provide” and inserting in lieu thereof “or, except as provided in subsection (b), to provide”; (C) by redesignating subsection (c) as paragraph (2); and (D) by inserting after subsection (a) the following new subsection (b): “(b) Support for Responses to Certain Emergencies.— The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving a use or threatened use of a weapon of mass destruction.”. (2) subsection (i) of such section is amended to read as follows: “(i) Definitions.— In this section: 112 STAT. 2006 “(1) The term ‘Individual Ready Reserve mobilization category’ means, in the case of any reserve component, the category of the Individual Ready Reserve described in section 10144(b) of this title. “(2) The term ‘weapon of mass destruction’ has the meaning given that term in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).”. (3) Such section is further amended— (A) in subsection (a), by inserting “Authority.—” after “(a)”; (B) in subsection (d), by inserting “Exclusion From Strength Limitations.—” after “(d)”; (C) in subsection (e), by inserting “Policies and Procedures.—” after “(e)”; (D) in subsection (f), by inserting “Notification of Congress.—” after “(f)”; (E) in subsection (g), by inserting “Termination of Duty.—” after “(g)”; and (F) in subsection (h), by inserting “Relationship to War Powers Resolution.—” after “(h)”. (b) Use of Active Guard and Reserve Personnel.— (1) Section 12310 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) (1) 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) The number of Reserves on active duty who are performing duties described in paragraph (1) at the same time may not exceed 228. 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.112 STAT. 2007 “(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 National Security 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) or to increase the number of personnel authorized by paragraph (4), the Secretary shall provide with the request— “(A) justification for each such requested modification 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; and “(B) the Secretary’s plan for sustaining the qualifications of the personnel and teams described in paragraph (3)(B).”. (2) The Secretary of Defense may not submit to Congress earlier than 90 days after the date of the receipt by Congress of the report required by section 1411 of this Act a request for the enactment of legislation to modify the requirements of paragraph (3), or to increase the number of personnel authorized by paragraph (4), of section 12310(c) of title 10, United States Code, as added by paragraph (1).