112 STAT. 2006 PUBLIC LAW 105-261—OCT. 17, 1998 "(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 PROCE- DURES.— " 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 (bonly— "(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.
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