Part 3 - ObamaCare's Presidential Army? A Closer Look at the Ready Reserve Corps

This is the third in a series which attempts to explore the establishment of a Ready Reserve Corps in the passage of HR 3590, or AKA ObamaCare. I encourage anyone finding this to have a look at the prior two hubs for continuity and context of what is presented.

Part 1 - ObamaCare's Presidential Army? The Ready Reserve Corps - A Closer Look

Part 2 - ObamaCare's Presidential Army? The Ready Reserve Corps - A Closer Look

In Part 2, I compared key elements of the language establishing a new Ready Reserve Corps in the health care bill, to the language existing in January 2009 ( and know, I've no idea right now if perhaps changes had already been made by this administration at this date.). There was one item that was completely different, and that was the reference to the law that would govern the compensation of the Ready Reserve Corps.

In the new health care bill, ObamaCare, it clearly states that officers will be ". . .compensated without regard to the Classification Act of 1923, as amended." (Follow Link to full text of this act at familyguardian.org)

The compensation language as it existed in 2009 was as follows " . . .compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5."

So, what a puzzle. First of all, it only very recently occurred to me that perhaps what is more critical in understanding this section, is the fact that the phrase is "without regard". Like, what exactly does that mean, what does it accomplish? If you know, please let me know! (But do note, this is also a consistent phrase historically, not a change.)

I did my best to try and grasp the significance of the change in the compensation language, and at one point (and still think it might be likely, they did rush through the bill) I decided maybe this was just a flat out error in the bill. But operating on the assumption that it is not an error, and that it does have significance, I have presented below what I could find pertinent to the Classification Act of 1923 and the many repeals, new Classification Acts, etc... that have occurred since 1923.

The reality is that the Classification Act of 1923, as amended, was repealed long ago by the Classification Act of 1949, and many many changes have occurred since in the machinations that result in federal personnel pay decisions. So, why would this reference be made to a long dead, long out of date, compensation Act, be included in the ObamaCare bill of 2010?

That remains a really big question.......if you have the answer, please do share with me and everyone the rationale for this.

And I also have to say, I have yet to see where any of this relates to the rah rah out there in cyber-space that this particular part of the Ready Reserve Corps amendment provides in any way for Corps officers to be anti-American. Doesn't mean I'm not missing something for sure, I'm just stating I don't see it here, nor in the 'without regard for civil service' phrasing, as that one is consistent with years past.

I ran across another bill/statute that dates from at least  2003 that provides for the establishment of a Civilian Community Corps, operated with the training provided by our veteran reservists, etc..., that actually looks like a more pertinent codified law that could be used with ease to establish President Obama's clearly stated wish for a National Security Force. See the details below.........

I Recommend following the OPM History Link below to the rest of this very lengthy history of the complicated issue of Federal Pay..........

U.S. Office of Personnel Management

EVOLUTION OF FEDERAL WHITE-COLLAR PAY

The following are direct excerpts from the OPM History Page:

Classification Act of 1923 – divides work into five services and covers only headquarters positions.

Classification Act of 1949 – establishes the General Schedule nationwide.

• The General Schedule becomes the core of the pay system and is defined in terms of:

• Method – evaluating a position's duties and responsibilities through application of government wide classification standards becomes the basis for setting the pay of Federal employees.
• Structure – a system of pay grades with associated fixed pay rates.

• The 1923 Classification Act divides work into five services:

• Professional and Scientific
• Subprofessional
• Clerical, Administrative, and Fiscal
• Custodial
• Clerical-Mechanical (covering only jobs in the Bureau of Engraving)

The Classification Act of 1949 subsequently consolidates the first three of these "services" into the General Schedule. Principle – the 1923 Classification Act introduces the principle of "equal compensation for equal work irrespective of sex," which is a significant shift from past practice in both the public and private sector. The 1923 Classification Act covers only headquarters positions. The subsequent 1949 Classification Act extends the classification system nation-wide.

This excerpt of the U.S. Code is actually the continuation of the portion (as of 2009) I presented in Part 2 for comparison to the new ObamaCare Ready Reserve Corps language. It seemed too much to put in that earlier hub, but I now think it is pertinent to this compensation issue, as well as GustheRedneck and PCcoach's concerns about the Surgeon General's powers and the appointment of warrant officers;

"The civil-service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

CODIFICATION

"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

AMENDMENTS

1979 - Pub. L. 96-76 inserted provisions relating to appointment and status of warrant officers.

1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

1948 - Act Feb. 28, 1948, struck out provision that all active service in Reserve Corps, as well as service in Regular Corps, shall be credited for purpose of promotion in Regular Corps.

REPEALS

Act Oct. 28, 1949, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title."   See this link for full text of this exedutive order.

Reference to the Classification Act of 1949, and the repeal of the Act of 1923, and the use of the terminology in regard to compensation as ". . .chapter 51 and subchapter III of chapter 53 of Title 5, -- which is found in the law regarding the Reserve Corps as of 2009. (Source Document Link)

As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.

Clearly, the Classification Act of 1923 has long since been repealed.

I found this in the 2009 Title 42 reference document, I haven't had a look at whether this has been amended in any way during the Obama Administration. I'm including this here as there are many, such as Breakfastpop and Gus, who very rightfully question just what defines a National Emergency. It would be worthwhile to spend some time investigating whether the U.S. Code presented below has been changed.

42 USC Sec. 204a 01/05/2009

TITLE 42 - THE PUBLIC HEALTH AND WELFARE, CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration, Sec. 204a. Deployment readiness

For purposes of this section and section 215 of this title, the term "urgent or emergency public health care need" means a health care need, as determined by the Secretary, arising as the result of -

(A) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.);

(B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

(C) a public health emergency declared by the Secretary under section 247d of this title; or

(D) any emergency that, in the judgment of the Secretary, is appropriate for the deployment of members of the Corps.

What follows is the oldest version of U.S. Law in regard to the Commissioned Corps and Reserve Corps that I can find, and it does make reference to the legit. citation of the Classification Act of 1923, as it had not yet been repealed in 1944. I would also add the the language is very straightforward in my opinion, in comparison to all that has followed. So, here is a bit of our American History............

SOURCE: CENTER FOR DISEASE CONTROL (ODDLY ENOUGH)

78TH LONG., 2n SESS.-CH. 373--JULY 1, 1944

COMMISSIONED CORPS - PUBLIC LAWS-CH. 373--,JULY 1, 1944

[58 STAT. SEC. 203. 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 the Classification Act of 1923, as amended. 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 . All active service in the Reserve Corps, as well, as service in the Regular Corps, shall be credited for the purpose of promotion in the Regular Corps.

SPECIAL TEMPORARY POSITIONS

SEC. 207. (a) -When necessary for the accomplishment of important temporary work in time of war, or of emergency proclaimed by him, the President may establish special temporary positions in the Service and prescribe grades which shall be applicable to officers during periods they are assigned to such positions.

While assigned to any such position an officer shall receive the pay and allowances applicable to the grade so prescribed . Not more than three such positions existing at any one time shall have the grade of Assistant Surgeon General . The Surgeon General shall assign commissioned officers to such positions.

USE OF SERVICE IN EMERGENCY

SEC. 216. In time of war, or of emergency proclaimed by the President, he may utilize the Service to such extent and in such manner as shall in his judgment promote the public interest, and in time of war he may by Executive order declare the commissioned corps of the Service to be a military service.

Upon such declaration, and during the period of such war or such part thereof as the President shall prescribe, the commissioned corps (1) shall constitute a branch of the land and naval forces of the United States, and (2) to the extent prescribed by regulations of the President, shall be subject to the Articles of War and to the Articles for the Government of the Navy : Provided, That during such period or part thereof the commissioned corps shall continue to operate as part of the Service except to the extent that the President may direct as Commander in Chief.

42 USC Sec. 26 01/05/2009 TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 1 - THE PUBLIC HEALTH SERVICE, SUBCHAPTER I - GENERALLY

Sec. 26. Isolation of civilians for protection of military, air and naval forces

-STATUTE-

The Secretary of the Army, the Secretary of the Air Force and the Secretary of the Navy are authorized and directed to adopt measures for the purpose of assisting the various States in caring for civilian persons whose detention, isolation, quarantine, or commitment to institutions may be found necessary for the protection of the military, air and naval forces of the United States against venereal diseases.

While many Americans are on 'pins and needles' of stressful thoughts and ruminations about the legislation we know has been passed, that we as well know - we don't really know - just what the final impact will be on our lives. It would appear there are more minor laws that could perhaps be used for less than desirable purposes, and I would suggest that perhaps this is one of them:

42 USC 12611 - Sec. 12611. Purpose

42 USC - US Code - Title 42: The Public Health and Welfare (January 2003)

It is the purpose of this division to authorize the establishment of a Civilian Community Corps to provide a basis for determining -

(1) whether residential service programs administered by the Federal Government can significantly increase the support for national service and community service by the people of the United States;

(2) whether such programs can expand the opportunities for willing young men and women to perform meaningful, direct, and consequential acts of community service in a manner that will enhance their own skills while contributing to their understanding of civic responsibility in the United States;

(3) whether retired members and former members of the Armed Forces of the United States, members and former members of the Armed Forces discharged or released from active duty in connection with reduced Department of Defense spending, members and former members of the Armed Forces discharged or transferred from the Selected Reserve of the Ready Reserve in connection with reduced Department of Defense spending, and other members of the Armed Forces not on active duty and not actively participating in a reserve component of the Armed Forces can provide guidance and training under such programs that contribute meaningfully to the encouragement of national and community service; and

(4) whether domestic national service programs can serve as a substitute for the traditional option of military service in the Armed Forces of the United States which, in times of reductions in the size of the Armed Forces, is a diminishing national service opportunity for young Americans.