Part 2 - ObamaCare’s New Presidential Army? - The Ready Reserve Corps – A Closer Look
69Welcome! See Part 1........and Part 3..........of this series for background and reference made here exploring the idea that the seed of a Presidential Army has been put in place by the establishment of a Ready Reserve Corps in the 2010 Health Care Bill, AKA ObamaCare........
All comments are welcome and wanted in exploring this topic, in exploring the accuracy of the new Ready Reserve Corp's interpretative function as the seed of a new 'Presidential Army'.
Presidential Army? Does ObamaCare's Ready Reserve Corps Seek to Establish One?
This article is a continuation of the examination of the portion of ObamaCare, or HR 3590, that pertains to the establishment of a Ready Reserve Corps, as a support extension of the Commissioned Corps of the U.S. Surgeon General. See: ObamaCare’s New Presidential Army? - The Ready Reserve Corps – A Closer Look, for the first article.
When you compare the language of the code existing at the time of the passage of ObamaCare, to the changes made by ObamaCare, in these particular sections under review, you should note that only one of the often referenced items as 'alarming' are actually changed from the language of the original code. (See the full text of both the old codified law and the changes below.)
Judging from what I've read thus far, the notion of this some how being the beginning stages of a plan to establish a 'Presidential Army', seems pretty far-fetched. The funds budgeted are even pretty slim to accomplish such a feat.
That said, many things can be found to be 'harmful' to the public health, etc...and found as a basis for a 'national emergency' and so it is plausible that this new Ready Reserve Corps could be put to use in a negative fashion against the citizens of the USA. However, that has been the case for quite a long time. It is the personal integrity, the proper use of power, that we expect from our elected officials, including our President, upon which we have to rely for proper application of many of the laws of our great Nation.
One item that is fairly constantly upheld as a booger bear of this new Ready Reserve Corps, is the complete lack of specificity of the qualifications to join this new Reserve Corps. If it proves that non-medical citizens of the USA are allowed to qualify for this new Corps - then alarm bells should probably ring, and ring loudly. But, it would take a lot more budgeted money for this to ever be the sort of National Security Force that President Obama has clearly told us he would like to have established in the USA.
The intent of the Retired Officers Association in pushing for a Ready Reserve Corps comparable to that of the armed forces, is to have at the 'ready' greater numbers of trained medical personnel, not just anyone. The Office of the Civilian Volunteer Medical Reserve Corps, established at the prompting of President George Bush in 2002, and under the sponsorship of the U.S. Surgeon General, actually serves the very purpose of this Ready Reserve Corps. So we should expect to see these same participants become a part of the new Ready Reserve Corps.
Executive Order 11140, Jan. 30 1964, granted HHS the Power to Appoint Officers
In 1964, then President Lyndon B. Johnson, signed the following Executive Order, which delegated presidential powers in regard to appointing Officers of the Corps to the Dept. of Health and Human Services. At some point this delegation was repealed prior to at least January of 2009.
Executive Order 11140--
Section 1. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the following-described functions vested in the President under the Public Health Service Act (58 Stat. 682), as amended:
(a) The authority under Section 203 (42 U.S.C. 204) to appoint commissioned officers of the Reserve Corps.
Ready Reserve Corps - And Changes in Title 42
The first section below is the text of Title 42, Section 204, Chapter 6A , apparently as of January 2009, which addresses the Commissioned Corps, and Regular and Reserve officers.
The second section below is the text of the amended Section 204 from the new March 2010 health care bill, HR 3590.
The main items of contention, that have been played up as insidious and alarming by right wing extremists, have been bolded and underlined below.
1) in time of National Emergency
- this has been particularly pointed to as a vague terminology granting Presidential powers to declare most anything a national emergency and call out a National Civilian Security force to contain and control U.S. citizens. Clearly the language is consistent with the Jan. 2009 wording.
2) appointed by the President
- this has been highlighted as a usurpation of power by our POTUS, this ability to 'appoint' officers of the new Ready Reserve Corps, without the consent of the Senate. However, again, the language is consistent with the ACT as it existed in January 2009.
3) call to active duty in time of crisis
- this authority was vested in the Surgeon General as of January 2009, and it continues to be vested in the Surgeon General in the March 2010 Amended Act.
4) Corps officer appointments without regard to Civil Service Laws
- Sounds somehow ominous, and has been played as ominous, however the language is consistent in both the old and new Act, as amended.
5) Compensated without regard to the Classification Act of 1923
- this portion is actually different from the ACT as it existed in January 2009, where instead you will note that it reads 'without regard to Chapter 51, etc.. of Title 5. At the moment, I haven't determined the significance of this change in wording. But, I have read, such as at the TenthAmendmentCenter.com web site, that this somehow allows members of the Ready Reserve Corps to have political beliefs and affiliations that are in direct conflict with the United States of America. I will check it out. (PLEASE SEE PART 3 OF THIS SERIES FOR FURTHER DISCUSSION OF THIS QUITE ODD LANGUAGE CHANGE!)
Summary:
Only Item 5 is in fact a change from existing language in Title 42 resulting from the passage of the new Patient Protection and Affordable Care Act, otherwise known as ObamaCare.
Excerpt from the US Code, Title 42, As Existing at Jan. 2009
-CITE- 42 USC Sec. 204 01/05/2009
Part A - Administration
-HEAD-
Sec. 204. Commissioned corps; composition; appointment of Regular and Reserve officers; appointment and status of warrant officers
-STATUTE-
There shall be in the Service a commissioned Regular Corps and, for the purpose of securing a reserve for duty in the Service in time of national emergency, a Reserve Corps. All commissioned officers shall be citizens and shall be appointed without regard to the civil-service laws and compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Commissioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training and active duty for the purpose of determining their fitness for appointment in the Regular Corps. Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service.
See Part 3 of this series for the remaiing legal code of this old section of Title 42, it seems pertinent to this discussion, as it addresses changes to warrant officers, and references in the notes the basis for the portion above about compensation without regard to chapter 51, etc....
Excerpt From the new Health Care Bill
H. R. 3590—496
SEC. 5210. ESTABLISHING A READY RESERVE CORPS. Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended to read as follows:
‘‘SEC. 203. COMMISSIONED CORPS AND READY RESERVE CORPS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency.
‘‘(2) REQUIREMENT.—All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended.
‘‘(3) APPOINTMENT.—Commissioned officers of the Ready Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by the President with the advice and consent of the Senate.
‘‘(4) ACTIVE DUTY.—Commissioned officers of the Ready Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training.
‘‘(5) WARRANT OFFICERS.—Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this Act and title 37, United States Code, to be a commissioned officer within the Commissioned Corps of the Service.
‘‘(b) ASSIMILATING RESERVE CORP OFFICERS INTO THE REGULAR CORPS.—Effective on the date of enactment of the Patient Protection and Affordable Care Act, all individuals classified as officers in the Reserve Corps under this section (as such section existed onthe day before the date of enactment of such Act) and serving on active duty shall be deemed to be commissioned officers of the Regular Corps.
‘‘(c) PURPOSE AND USE OF READY RESEARCH.—
‘‘(1) PURPOSE.—The purpose of the Ready Reserve Corps is to fulfill the need to have additional Commissioned Corps personnel available on short notice (similar to the uniformed service’s reserve program) to assist regular Commissioned Corps personnel to meet both routine public health and emergency response missions.
‘‘(2) USES.—The Ready Reserve Corps shall—
‘‘(A) participate in routine training to meet the general and specific needs of the Commissioned Corps;
‘‘(B) be available and ready for involuntary calls to active duty during national emergencies and public health crises, similar to the uniformed service reserve personnel;
‘‘(C) be available for backfilling critical positions left vacant during deployment of active duty Commissioned Corps members, as well as for deployment to respond to public health emergencies, both foreign and domestic; and
‘‘(D) be available for service assignment in isolated,hardship, and medically underserved communities (as defined in section 799B) to improve access to health services.
H. R. 3590—497
‘‘(d) FUNDING.—For the purpose of carrying out the duties and responsibilities of the Commissioned Corps under this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2010 through 2014 for recruitment and training and $12,500,000 for each of fiscal years 2010 through 2014 for the Ready Reserve Corps.’’.
Flippin Note:
Given the particularly disturbing nature of the controversy and speculation about this new Ready Reserve Corps, I hope that any readers will review the information presented here and give their view on the language changes, etc... as well as any other pertinent aspects of this that I've failed to locate or recognize.
There are so many real and pertinent issues of the health care bill that are in fact a travesty, such as the necessary corruption of the Commerce Clause in order to command that each and everyone in the USA, that's here legally, purchase health insurance or pay a government penalty, or tax. If in fact this issue, this fear of a "Presidential Army", is one that has been blown out of the water with gross exaggeration in an attempt to drum up fear, then it would be best if the matter were laid to rest.
I'm going to continue to look into this more, particularly Item 5 above, as the language is clearly changed, and because some sources indicate it is a critical item providing foranti-Americans to serve in the Ready Reserve. It will as well be very informing when we finally learn just what the qualifications are for members of this Ready Reserve Corps.
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Ya know, regarding the inner city, my opinion to some extent, is because 1) monies that are provided to many inner city community groups is heisted by the people providing the services leaving the IC folks not much better off than they were, 2) drugs and drug dealers make it impossible for bright children who want an education, and 3) people of color, ALL colors, who manage often beyond the odds in these areas to get an education and become successful should be bringing their education and assistance back to their communities and showing these young people that they can get out. With the money the feds have been providing, you are quite correct. It should have and could have made a lot of difference had it been used properly and if the intentions had been good to begin with but that's a whole other topic now, isn't it! Thanks for commenting on my comment. Feel free to comment! Jeez its been a long night!
Hi Coach, That is interesting about the warrant officers, that sort of thing I for sure wouldn't have known about or noticed. One thing that has struck me about a lot of this is that everyone in the Regular Corps seems to be an 'officer' and the existing Reserve Corps are now all 'officers' as well, with this bill change, it's like everyone is an officer.
The D) item you noted is definitely consistent with a lot of the rest of health care bills focus on underserved communities. I have to say though, that I'm always left puzzled as to why 'inner city' areas have remained for decades 'inner city' areas, rather than by now, with the wealth of tax dollars paid to the fed, there hasn't been revitalization, industry brought in, something tangible done.
I'm going to try to get the part 3 of this evening, still trying to track down something, needed a break from the reading. Thanks very much for commenting.....Katie
Hi Jim, I'm glad to hear your appreciative comments. Hopefully, in a few hours I'll have pulled together an update of what I've found today, so maybe it will be here when you check back to read this more closely. And you are precisely right, it is a redistribution of health care, that's effectively just exactly what it is. Also, there are provisions for loans for nurses and new 'nursing centers' where you visit a nurse, rather than a doctor, and just so much it really gives you an extreme headache.
Getting cut on by a pissed off doctor, that had me laughing! And you are so right, some are grouchy enough as it is. I did notice today that there is a "hospital insurance tax" on "high income" earners, didn't follow through on what that was all about, but sure sounds like a 'tax' in this bill that isn't supposed to be about raising taxes, maybe one that hits a high income person IF they have a hospital stay, makes me wonder if now we will have to bring our most recent tax return with us to the emergency room.
Thanks for giving my hubs a read, and hope to hear your comments and take on things more in the future....Katie
Hey Gus, Thanks as always for your encouraging words and 5 Stars!. The funding does look too limited for building a large national police force. I've been trying to find any mention of if, ands, and buts about this funding, so far haven't. I kind of doubt the Surgeon General would call for much without the President's request or his declaration of a natinal emergency, but from what I've read the Surgeon General sends Corps officers to lots of stations around the world, including serving on Navy ships, etc... when needed. So, it is probaly less ominous than it sounds, and these are all medical professionals, and more a needed authority of the SG during normal times -- we're just not in normal times. :)
Hey POP, You're right, the use of the term national emergency is alarming. The thing is, in the years past, I don't think it would be to any of us, it is this climate of distrust we have now, with extremely good reason, that has us looking at everything with suspicious eyes. The main Commissioners Corps has been around a long time, and they had a reserve officer system, it just wasn't the same as say the Army reserves. I'm going to add another section here, hopefully tonight, to try to clarify some more of this, need some time let it settle, and figure out one more thing in particular.
You are right, we no longer can afford to be vague anymore, although my brain feels vague at the moment. :)
The language about Warrant Officers is disconcerting since, as I recall from about 35 years ago, Warrant Officers became obsolete and no additional Warrant Officers were appointed (warrant officers do not require a college degree). While this may have been in the previous language, it's revival gives me pause, and gives them the same powers as commissioned officers.
‘‘(D) be available for service assignment in isolated,hardship, and medically underserved communities (as defined in section 799B) to improve access to health services." Well, this could be any Inner City, America. We have other ways and means to deal with this without adding something like this. It has an intention, undoubtedly, that we do not yet see.
And lastly, I have a problem with any "law" that allows gov't employees to have political beliefs and/or affiliations that conflict with the USA. This is just an open door inviting trouble.
Fantastic, well-researched hub, K! I look forward to Part 3.
Hi Sheila, Yes, definitely it's best to keep eyes and ears open on new legislation, I'm glad you've had a look at this yourself, it has been bending my brain today! Thanks for ocmmenting.
I'm a fan, Flippin, or is it a Flippin fan? Anyway .. Unbelievable research and presentation. I'm going to have to go back and re read later today when I've got the time to absorb. I don't know jack about this health care, and I've been putting off breaking it down because of it's complexity and the fact that you almost need a Constitutional lawyer with you to make sure you get it right when you do break it down. As always, I tend to simplify. There is only so much water in the cup. Only so many doctors, so many nurses, and hospitols. Only so much money. To me, over all this amounts to a re- distribution of health care. I will start taking this apart and looking at it, but for now I'll just say that I'm paying more, and getting less, while a couple of my kids in college don't have any helath insurance. I've a friend who's a doctor, and he says no doctors like this bill. Personally ... I'm a little nervous getting cut open by a pissed off doctor.
Again, excellent job. Thumbs up, useful, and awesome!
jim
Katie - Great article because you did great research and clear writing. I concur with the opinions of breakfastpop, above. I also agree with you and sheila b that there is not enough funding in all of this stuff to allow for too tremendous amounts of mickey mouse. What interested me (kinda stood out) was the ability of the surgeon general to call out the troops and assign them to duty in "medically underserved" areas. That reads much like the secretary of defense being able to assign armed forces to places that are "underwarred" and in need of military conflagration because they are so peaceful. Five stars, Katie, on this one (as usual).
Gus :-)))
I am not comfortable with this clause. Who defines what is a national emergency. Who are these people in the corps? We can't afford to be vague. Not being thorough and alert got us Obama, didn't it? Thanks for a very interesting and well researched piece of writing. Voted up!
Like you, I looked into this and concluded it's a wait-and-see issue. We should all just keep our eyes and ears open to find out how it's being implemented.
Hey Pamela,
Indeed we are living in very scary times and need to be alert. In the case of this issue, this Ready Reserve Corps, so far it doesn't look like a plot and path toward having a national security force.
But I've not finished looking at the language of the bill, etc... Please do read through this hub and let me know if you can shed a different light on things. I'm hoping voices beyond my own will look at the content of this hub and the first hub, and give me their thoughts.
As there is 'duplicate' content in both, from quoting the bills and the ROA resolutions, most likely both hubs will never gain much visibility on HP. But, it's such an important issue, I hope that it will be read and anyone with more to add in understanding will contribute.......thanks very much for commenting.
KFlippin, I think we are living in very scary times and we need to be alert to every little change and I sure don't know what the motivation is with some of these issues, except to push us toward socialism.
KFlippin Hub Author 21 months ago
You are probably right in your speculation about what happens to the money targeted for the inner cities, I'm reminded of all the problems in Haiti, all the money that's disappeared without much result, even before the earthquake. Certainly, in our own poor areas the very same sort of theft of aid most likely happens. But, I still don't see why there haven't been built things like sewing factories, candle-making businesses, just any number of things that could be done, with a unique inner city spin or label even. Definitely, something is stinky about why this has never happened......thanks for commenting Coach, it was late :)))) Katie