[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR44.3]



[Page 285-286]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 44_SCREENING THE READY RESERVE--Table of Contents

 

Sec.  44.3  Definitions.



    For purposes of this part, the following definitions apply:

    Extreme community hardship. A situation that, because of a 

Reservist's mobilization, may have a substantially adverse effect on the 

health, safety, or welfare of the community. Any request for a 

determination of such hardship shall be made by the Reservist and must 

be supported by documentation, as required by the Secretary concerned.

    Extreme personal hardship. An adverse impact on a Reservist's 

dependents resulting from his or her mobilization. Any request for a 

determination of such hardship shall be made by the Reservist and must 

be supported by documentation, as required by the Secretary concerned.

    Individual Ready Reserve. Within the Ready Reserve of each of the 

Reserve Components there is an Individual Ready Reserve. The Individual 

Ready Reserve consists of members of the Ready Reserve who are not in 

the Selected Reserve or the Inactive National Guard.

    Key employee. Any Federal employee occupying a key position.

    Key position. A Federal position that shall not be vacated during a 

national emergency or mobilization without SERIOUSLY impairing the 

capability of the parent Federal Agency or office to function 

effectively. The four categories of Federal key positions are set out in 

this paragraph. The first three categories are, by definition, key 

positions. However, the third category, Article III Judges, provides for 

exceptions on a case-by-case basis. The fourth category requires a case-

by-case determination and designation as described in the following:

    (1) The Vice President of the United States or any official 

specified in the order of presidential succession as in 3 U.S.C. 19.

    (2) The members of the Congress and the heads of the Federal 

Agencies appointed by the President with the consent of the Senate. For 

this part, the term ``the heads of the Federal Agencies'' does not-

include any person appointed by the President with the consent of the 

Senate to a Federal Agency as a member of a multimember board or 

commission. Such positions may be designated as key positions only in 

accordance with paragraph (4) of this definition.

    (3) Article III Judges. However, each Article III Judge, who is a 

member of the Ready Reserve and desires to remain in the Ready Reserve, 

must have his or her position reviewed by the Chief Judge of the 

affected Judge's Circuit. If the Chief Judge determines that 

mobilization of the Article III Judge concerned will not seriously 

impair the capability of the Judge's court to function effectively, the 

Chief Judge will provide a certification to that effect to the Secretary 

of the Military Department concerned. Concurrently, the affected Judge 

will provide a statement to the Secretary concerned requesting continued 

service in the



[[Page 286]]



Ready Reserve and acknowledging that he or she may be involuntarily 

called to active duty (AD) under the laws of the United States and the 

Directives and Regulations of the Department of Defense and pledging not 

to seek to be excused from such orders based upon his or her judicial 

duties.

    (4) Other Federal positions determined by the Federal Agency heads, 

or their designees, to be key positions in accordance with the 

guidelines in the appendix to this part.

    Mobilization. Involuntary call-up of Reserve component members in 

accordance with 10 U.S.C. 12301, 12302, or 12304. That includes full 

mobilization, partial mobilization and, selective mobilization 

(Presidential Reserve Call-Up Authority).

    Ready reserve. Reserve unit members or individual Reserve and 

National Guard members, or both, liable for AD, as provided in 10 U.S.C. 

12301, 12302, and, for some members, 10 U.S.C. 12304. It consists of the 

Selected Reserve, the Individual Ready Reserve, and the Inactive 

National Guard.

    Selected reserve. A category of the Ready Reserve in each of the 

Reserve components. The Selected Reserve consists of units, and, as 

designated by the Secretary concerned, of individual Reserve members, 

trained as prescribed in 10 U.S.C. 10147(a)(1) or 32 U.S.C. 502(a), as 

appropriate.

    Standby reserve. The Standby Reserve consists of those units or 

members, or both, of the Reserve components, other than those in the 

Ready Reserve or the Retired Reserve, who are liable for active duty 

only as provided for in 10 U.S.C. 12301 and 12306. The Standby Reserve 

consists of personnel who are maintaining their military affiliation 

without being in the Ready Reserve, but have been designated ``key 

civilian employees,'' or have a temporary hardship or disability. Those 

individuals are not required to perform training and are not part of the 

Ready Reserve. The Standby Reserve is a pool of trained individuals who 

may be mobilized as needed to fill manpower needs in specific skills. 

The Standby Reserve consists of the active status list and the inactive 

status list categories.