(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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