A New Mission for the Federal Reserves
Well, it looks like the Federal Reserve components (USAR, USAFR, USNR, and USMCR) now have a new mission. A recent change in law explicitly authorizes state governors to request and receive extended support from Federal reserve forces in the event of a disaster. The previousl law/policy was that such support could only be given for a short period of time (72 hours) without Federal orders. Federal law now allows up to 4 months of such support with the President’s/Pentagon’s approval.
On the surface, this seems like it should be a good idea. However, as with many things the “devil is in the details”. And there are indeed many potential devils here.
First, this adds yet another rock to the Reserve rucksack. They’re already stressed heavily by current operations.
Second, Federal Reserve units will have to be prepared to respond more often and longer to state authorities. This potentially provides a confused chain-of-command. While providing support, to whom does the unit commander turn for definitive direction – the State AG? The governor? His/her normal Reserve chain-of-command? All of the above? Confused chains-of-command are not a good thing.
Third, I can easily see cash-strapped state governments requesting Federal assistance in lieu of fully mobilizing state resources – e.g., before calling up all appropriate state National Guard units – to save money. But disaster support is one of the primary reasons states have National Guard units in the first place. And last time I checked, the Federal budget is in bad shape too.
Finally, this also may make Federal Reserve units more subject to political pressure from state authorities. Because if a unit commander knows he might have to work for the State AG or governor for long enough to get an OER or letter input to same – well, let’s just say that commander might be a bit more willing to bend a few rules if asked.
As I said: on the surface, this looks like a good idea. I’m hoping this is not a case where good intentions end up paving the road to hell. Because IMO that potential certainly exists here.
Thoughts?
Category: Military issues, Reserve Issues
This means that us CA folks can actually practice our specific skill sets, AND help out the communities we live and work around! This is good, because back in 2005, FEMA told the Reserve to stay away from New Orleans, that FEMA would fix the post Katrina clean up, and look how well that turned out! I know most of you hate Reserve Civil Affairs, but, many of us in the CA community are not the minority of retarded CA O-4 through O-6 that you were in contact with, and TSO, Duncan was a big minority back in 2004-5. The majority of us just want to do the job and help people.
I spent 21 years in the California Army National Guard, after 6 years of active duty, and two in the reserves, and I cannot think of an idea that could possibly be worse than this one. While the guard is ostensibly a state resource, it is already basically a federal resource on loan, subject to the vicissitudes of bullshit state politics…as I used to point out to some of my less astute peers “That tape over your pocket doesn’t say California; it says U.S. Army.” As odd as this may sound coming from a sado-masochist who spent WAY to much time in a so called state service, I wouldn’t wish this fate on anybody.
The commenters in the Army Times link to the story seem to fall into two camps,with some ovelap. Camp 1 consists of those who see the reservists being called out only to provide help following a natural disaster. Camp 2 eyes the change in law with much suspicion and wonders whether the reservists might be used as a tool by government for other than natural disaster. My tent is pitched in camp 2.
Lucky: TSO? I don’t think he wrote this article. (smile)
My issue with this is the possible counterproductive unintended consequences. I can easily see the possibility USAR and/or USAFR units in Florida doing 30 to 90 days active duty for 3 or 4 years straight for hurricane relief – while FL ARNG or ANG units stay at home. From the governor’s perspective, it’s a “freebie” – because the Federal government pays for it, not the state.
And if that starts to happen, good luck with managing a civilian career while you’re a member of such a unit. After a couple of years, you’ll be so far behind your civilian peers that you might as well apply for active duty.
Call me a pessimist, but I just don’t see this as being a particularly good idea. Governors could always ask for Federal disaster assistance in the event of natural disasters; the POTUS could always order the military to support same. This new change seems absolutely unnecessary – and a recipe for abuse down the road.
Lucky, I have to say that I personally LOVE the CA people that I have known…well, except for THAT guy…you know who I’m talking about. I was attached to detachments form the 432nd CA and 353 CACOM in Kosovo in 2005-2006…probably best experience I ever had in military service. That being said, be careful what you wish for. FEMA is made of of retard bureaucrats. State goverment governments are a caustic onion of bureauacracy, and everyime you peel off a layer you will cry when you realize you are getting nowhere. Ahhhhh cynicism…
Residing at each FEMA region (there are 10) is a US Army COL. His title is Defense Coordinating Element (DCE). The DCE reporting ISIC is NORTHCOM. The DCE works for and provides support to FEMA during emergencies and disasters. In addition, they coordinate through FEMA for National Security Special Events (NSSE). The DCE with reach back to NORTHCOM can Mission Assign with FEMA other military units that have special skills and unigue capabilities. This concept is referred to as Support to Civil Authorities. We have seen this since the beginning of our country. Hospital ships set to NYC, SPEC OPS guys working with President, comms guys, equipment and logistics, aircraft, and BTW YES CBNRE specialists to name only a few. The chain of command is not muttled. If fed military is mobilized in support of civil authorities they will report to their fed command but completing missions assignment for the benefit of a state govenor and its citizens. The National Response Framework and the 15 Emergency Support Functions is your best bet to full understand this. If I have erred in my discription, it is my wifes fault … she is yelling at me to get off the computer again. I work in this world and have a decent understanding of this issue. Not to worry. It is all about preparedness planning for worst case and catastrophic incidents: Terrorism; Earthguake; Tsunami; Cat 3 Hurricane; et al. If something bad happened I would want the US Military involved as they have deep skills, capabilities, resources, and personnel. Shit … have to go she is yelling now!
Hondo, TSO and I have a mutual acquaintance from 2004-2005 in Ghazni, who went full on “I’m Spec Ops” Retard there. CW: I DO know that guy!!! And, thats kinda my point, with the State governments being that way, who better to send in, than the cultural experts who have dealt with the corrupt local politicians than the CA folks that have been doing it in Iraq, Afghanistan, and HOA for the last 10 years, and Kosovo before that? Fuck FEMA! They are a waste of resources!
Lucky please be nice ….. I … um … KNOW FEMA VERY WELL!
ALL HAZARDS approach!
I need to come to an understanding of just what is broke that this change would fix. Not seeing it yet. Until I do, it just looks like fixin’ that which ain’t broke.
MCPO, I am being nice, they seriously screwed the pooch with Katrina, and suck when it comes to hiring disabled Vets, so pardon me if I am slightly hostile toward that particular agency…
I respect your opinion. The local govt’s screwed the pooch. FEMA’s mission is to provide support to first responders and citizens and coordinate resources through the ESF’s at the request of the govenors.
Hondo … it is not free. Mission Assignments are 75% fed and 25 % state. That is why the state has to request assistance … there is no free money here!
Every nickle and dime is charged to a mission assignment that is handled by and ESF and coordianted by local FEMA region. There are two collors of money. Public Asstistance (PA) for roads and bridges et al that is paid for at 75 % fed and 25 % state. There is Individual Assistance (IA) paid directly to homeowners for replacement of boilers, hot water systems, drywall and other immediate items.
One other thing, just because the govenor asks for emergency declaration or Fed assistance it does not mean they will get it. And on the flip side, if the Fed govt believes the state will need it, FEMA will not wait for the request.
It is complicated and easy alll at the same time …. wife yelling again!
MCPO: thanks for the correction; I wasn’t aware that states picked up part of the tab for Federal disaster relief operations. But I’ll also observe that paying 25% of a unit’s operational cost is a better deal than paying 100% – which I believe is what the state pays when it orders ARNG units to perform state active duty. (smile)
The “problem” with this is not that part-timers might be called up for domestic, as well as national missions. That already happens, and is called the National Guard.
The problem is that this is an attempt by the Federal politicians to further erode State jurisdiction. In reality there is no need for BOTH a National Guard and an Army/Air Force Reserve. The Reserves have no mission distinctly different than the National Guard, though they do have different types of units. The National Guard does have the additional mission of natural disaster response.
Except for mobilizations by the President, the National Guard reports to the State Governors. Because they are Title 32, they can operate in a Law Enforcement capacity inside the US. Because the Reserves are Title 10, they cannot.
If the Federal Government believes that the Administration cut too many Troops from the National Guard (2009) to continue their domestic mission, then it could request those 20,000 be returned to the Guard, or it could request that units be transferred from the Reserves to the Guard.
For that matter the Army and Air Force Reserves could be completely transferred to the National Guard. (US Navy and Marine Reserves have no National Guard equivalents and hence should be left in their current capacity.)
And if you wonder why the National Guard is State and Navy is Federal, well that goes back to the US Constitution and Founding Fathers intent. They saw the need for shipping to be protected, while they wished to prevent a Standing Army to be used to inflict the political will of rulers on the people, hence, Congress cannot authorize an Army for more than 2 years at a time, while the Navy is constant.
Count me in the “Do Not Like This” category. I’ve grown from naive to cynical about such things over the past 40 years.
What I would prefer to do is have the Reserves always be under absolute Federal control, with the Governors who are asking for assistance being mandated to state exactly what they want done, then having the feds consider the request, and handing off orders to the Reserves to do a specific mission.
The Governors can ask, but they shouldn’t have ANY ability to mandate, order, or in any way interfere with a Reserve unit.
I do not like this one little bit and what I can see happening isn’t good at all.
A better law, to my mind (and rather off-topic) would be one that prohibits the President from “federalizing” the National Guard. No state unit should EVER be forced to work under federal authority/command without the Governor’s (and legislature’s) specific authorization. Never. Nada. Period.
YMMV, of course, but that’s how I see it.
Guyz if a 10 ton IND went off in your home city … you would want (and will need) the full force of the US Military to respond and assist in recovery. Same goes for a CAT 3 hurricane or 7.0 or above earthquake. Think ALL HAZARDS!
The support to civil authorities still limits and restricts law enforcment activities. However, military can provide security. LE and security are oranges and apples.
WOTN: specious argument. One can make a similar argument that the National Guard is unnecessary and that most National Guard units should be transferred to the Federal Reserve side of the house. States have the requisite authority and ability to create their own militias outside the National Guard force structure, and several have indeed done so. Georgia and South Carolina come to mind, if I recall correctly.
The bottom line is – as you have pointed out, albeit indirectly – the roles of the Federal Reserves and National Guard are different. The former is a Federal force, used at the discretion of the Federal government to support Federal military missions. The latter is a state force with Federal obligations; however, unless and until it is called to Federal service it reports to its respective state government. Because of differing roles, responsibilities, and legal authorities – e.g., Federalism – the roles and abilities of each force to respond to domestic issues are different. That’s by design.
IMO OWB is 100% correct. This change is a case of “fixing” something that was not broken. And in my experience, such changes generally only rarely improve things – and often make things worse.
MCPO: that is true, but also irrelevant to the topic of discussion. There was already an existing process for states to obtain Federal assistance in such cases. This most recent change was IMO unnecessary, and appears to have the potential for doing more harm than good. The potential to do more long-term harm than good is precisely the point of my article.
Hondo … rog that on all … I got off track ….
AW1 Tim: See my comment 18. Part of the “deal” with the National Guard is that the Federal government largely funds and equips National Guard units – but as a result has legal authority over them and the power to involuntarily tap them for active duty service. States are free to decline to make their militias part of the National Guard – if they’re willing to also give up the financial assistance in equipping, building facilities, training, and paying their militia forces. They can also create adjuncts that are not subject to Federal service.
Bottom line: as another commenter elsewhere put it: “Take the emperor’s coin, do the emperor’s bidding.” Every state knew the deal when they accepted Federal funding and recognition for their National Guard units.
I still don’t understand this belief that the Reserves are “overworked.”
I’m in the USAR and there’s planty of shitbags just laying around, never deploying. There’s even more that have been soaking up benefits and tax dollars to dodge deployments with their profiles.
I guess I’m not seeing the “overworked” part of the USAR. If anything, they need to be worked more and given more OCONUS missions.
No, Hondo, it is hardly a specious argument. It is a fundamentally Constitutional argument.
There are limitations on the Federal Reserves, due to the prohibition of use of Federal Troops in domestic missions. This is by design. Those limitations do not exist on National Guard Troops, which report to the Governor.
Hence, you can eliminate the Army/Air Force Reserves by transferring those positions to the National Guard, without losing capability, or erosion of that fundamental Constitutional principle that Federal Troops are forbidden from acting domestically, but you cannot eliminate the National Guard without losing that capability.
And since the role of the National Guard has ALWAYS included National Defense, and being called up in that capacity, there is no loss of that capability either.
In fact, the National Guard was the original muscle for ground forces in National Defense.
Can you argue that the Federal Govt, not the State Govts should run disaster relief? Yes, and that is precisely what the current Administration IS arguing, and implementing.
But that argument occurred in 1787 & 1788, and it was settled in 1789 that the Sovereign States would be responsible for domestic governance while the Federal Government of the united States would run Foreign Policy and mitigate disputes between the States.
Having suffered the abuses of a standing army inflicting the will of a central government, the Founding Fathers limited the powers and authorities of the Federal Troops. It is also why Our Law Enforcement is municipally based, not National, like the majority of Nations in the World.
So I guess all of the time. money and effort in developing dedicated Homeland Response Forces in the National Guard was a big waste? Civil Support Teams, CBRNE response forces, Engineer Search & Extraction Teams, MPs for LEO support, and countless hours of training and exercises with FEMA, local and state LEOs is not needed anymore. Looks like I just busted my ass for the last 15 months for no reason. I really need to get back to an operational unit……
Every year, the NDAA bill is passed by the House and Senate. It is meant to provide the budget for DoD operations. The most recent version has some kind of disturbing sections. You should read it. Might want to read up on NDAA and Tricare for 2013, while you’re at it.
There is also an executve order signed by the preisdnet 3/16/2012 National Defense Resource Preparedness. It allows the government to seize control of all fuel and food resources as well as all transportation, public and private, and transportation routes, in an emergency.
It is the kind of thing that the tinfoil hat conspiracy crowd love to scream about. But when you read it, you have to ask yourself why we would need to have what is now a law in place that allows rationing of fuel and food and restricts travel? We’re not under any kind of emergency. While there has been a drought that affects grain crop prices and livestock prices, the drought is ending and the
winter wheat crops will be seeded in before too long.
I’ll add here something my mother said about rationing during World War II. I knew that the troops at the front lines weren’t getting anything good. They had C-rats, K-rats, and D-rats. I asked her where the rationed foods went. She said “Nobody knows.”
Just putting in my 3 cents here.
Hondo:
I’d prefer that the Emperor’s coin be severely reduced, inthat he and his minions be scaled back by about 70% or so, and let the states have all that potential revenue back. That could then be spent on their own Militia/Guard units, rather than sent to the “Emperor” and wasted on his frivolous programs and gluttonous/ravenous appetite for more power.
The real power should be held by the various governors within their own states. Our Federal government should be restricted to only those functions enumerated within the Constitution, and nothing more.
“Puts on Aluminum Foil Deflector Beanie”
Is Obama getting reelected by the dead vote considered an emergency?
This just seems like another power grab by the feds. This also seems like a solution in search of a problem.
I just read an article about the voter ID requirement and the early voting allowance for military, and the legal battles that are ongoing.
This linke is to an article in the Christian Science Monitor:
http://www.csmonitor.com/USA/Latest-News-Wires/2012/0902/Voter-ID-and-early-voting-cases-heat-up-in-courts-across-the-country
I did not realize until this morning that dead people have been stuffing ballot boxes in Texas, which was the reason for the photo ID rule. I thought Chicago-style voting was held only in Chicago. Can I get my great-granddads (all four of them) to vote, too?
Ex-PH2: stuffing ballot boxes in Texas is a tradition 70+ years old. Read Robert Cano’s Means of Ascent, the 2nd volume of his bio of LBJ. It details LBJ’s career from 1941-1948, including his “victory” in the 1948 Democratic Senatorial Primary – by 87 votes.
One of the chapter titles is “The Stealing”. That and the next 2 chapters will absolutely turn your stomach.
Hondo, thanks for the enlightenment!
I guess some things never change, eh?
The sad thing about election fraud is that we have the technology to totally eliminate it, while increasing voter mobility: ie. the very same chip that is implanted in every Military ID card and easily be added to Driver’s Licenses as the means of voter ID, or the bar codes (yes, multiple) on those same ID’s that are lower tech.
Additional to the high tech solution is the low tech solution that WE use in 3rd world countries like Iraq and Afghanistan: indelible ink, which is used as a mark of honor during elections, and demonstrates to an election official that someone has already voted.
If the high tech solution were used, a voter could literally be enabled to go into ANY polling station, anywhere in the world, and vote for the local elections in their registered district, with the individual behind them getting their own district’s ballot. It would END the problem of disenfranchised Troops, because their own officers would be able to run polls in the Battalion/Brigade TOC’s, with instanteous feed to the voting district.
Of course, that would also mean that States like NY and CA would have to verify citizenship before giving out voter ID cards, but the DNC is fighting to prevent even a Picture ID to vote.
WOTN: the “problem” could also be fixed by transferring the National Guard en masse to exclusively Federal service and changing/repealing the Posse Commitatus Act. But I don’t think either of us believes that’s a good idea either.
The current system of having an exclusively Federal Reserve plus a group of State Militias that are trained to Federal standards and can be mobilized to Federal service if needed (e.g., the National Guard) has worked for eight decades or more. IMO there’s no compelling need for the system to be changed. The roles for the two are different, as are the authorities each possesses – by design.
“If it ain’t broke, don’t fix it.” As far as I can tell that’s virtually always great advice.
It would require a Constitutional Amendment to repeal Posse Commitatus. That wouldn’t just be a bad idea, but would cause a fundamental fracture in the very principals of the Constitution. But erosion of that is precisely the purpose in the use of Reserves for National Disasters.
The “problems” with the current system are a result of the cuts Obama enacted in 2009 of the National Guard, and the re-alignment enacted by Clinton in the 90’s.
While the current system could work if the 2009 cuts were reversed, the best system would be to just transfer Army Reserves to National Guard and quit playing the Title 10 game with the Reserves.
Looking forward, the bigger problem will be Employer/Guardsman fatique if Obama gets his way and keeps the Reserve Forces on active duty 1 year out of 5, during peacetime, and ups the Annual Training requirement from 2 weeks to 7.
Actually, WOTN, that is incorrect. The Posse Comitatus Act bars discretionary use of the Army (and since 1956, the Air Force) in a domestic LE role except in cases where explicit Constitutional authority for such use exist. (DoD regulations prohibit the USN and USMC from acting in such a role, as they are not covered by the Posse Comitatus Act.) Prior to passage of the Posse Comitatus Act, Federal armed forces legally could be – and, during Reconstruction, were – used to enforce local law and order on a discretionary basis (e.g., without specific Constitutional authority and on the order of the President). The Posse Comitatus Act itself was largely a reaction to this Reconstruction-era practice. A repeal of the Posse Comitatus Act would again allow Federal armed forces to be used in such a role lawfully. Absent the Posse Comitatus Act, the POTUS would indeed have the authority to use Federal forces to enforce Federal law domestically. This authority stems from the powers granted to the President in Article II of the Constitution, where he is named the CINC of US forces (Section 2) and is specifically charged to “take Care that the Laws be faithfully executed” (Section 3). If the Posse Comitatus Act did not require explicit Constitutional authority for each instance of such use, the President would thus have the authority for discretionary use all Federal assets to enforce Federal law wherever state and local control had broken down or proven themselves incapable of protecting individual civil rights. Examples would include disaster recovery and other public unrest the control of which was beyond the means of local authority. Only the Posse Comitatus Act, Insurrection Act, and DoD policy prohibits the POTUS from doing so. Indeed, for a brief time recently such legal authority to use Federal forces in a LE role existed. The FY 2006 DAA repealed many of the Posse Comitatus and Insurrection Acts’ prohibitions on the use of Federal armed forces for domestic LE, most likely as a reaction to the aftermath of Katrina. These changes were repealed and the Posse Comitatus Act and Insurrection… Read more »
What a joke the homeland response force is. It’s a huge waste of money.
Anonymous (35): then why don’t you just write Utah’s governor and tell him he should decline all federal assistance in the event of disasters. Like the recent wildfires which hit Utah pretty hard. DoD provided assistance in that case, as did many other Federal agencies.
http://www.defense.gov/news/newsarticle.aspx?id=116976
The point here is not that the Federal government can, should, and does often provide disaster relief in CONUS; it does. The point is that the recent legal change allowing the Federal reserve to be tapped more easily may well have a ton of unintended consequences, thus rendering the “cure” here worse than the original “problem”.