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EO to Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty

bubblehead

Registered Member
Contributor

EO to Order the Selected Reserve and Certain Members of the Individual Ready Reserve of the Armed Forces to Active Duty

National Security & Defense
Issued on: March 27, 2020

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and in furtherance of Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), which declared a national emergency by reason of the threat that the novel (new) coronavirus known as SARS-CoV-2 poses to our Nation’s healthcare systems, I hereby order as follows:

Section 1. Emergency Authority. To provide additional authority to the Secretaries of Defense and Homeland Security to respond to the national emergency declared by Proclamation 9994, the authorities under section 12302 of title 10, United States Code, and sections 2127, 2308, 2314, and 3735 of title 14, United States Code, are invoked and made available, according to their terms, to the Secretaries of Defense and Homeland Security. The Secretaries of the Army, Navy, and Air Force, at the direction of the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, are authorized to order to active duty not to exceed 24 consecutive months, such units, and individual members of the Ready Reserve under the jurisdiction of the Secretary concerned, not to exceed 1,000,000 members on active duty at any one time, as the Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security consider necessary. The Secretary of Defense or the Secretary of Homeland Security, as applicable, will ensure appropriate consultation is undertaken with relevant state officials with respect to the utilization of National Guard Reserve Component units activated under this authority.

Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
March 27, 2020.
 

fieldrat

Fully Qualified 1815
Yeah, cross-posted on Reddit.

Only gives the Secretaries the auth to call folks up, but doesn't mandate it.

I don't see many IWC members pulling extra duty because of this, unless they actually need the paycheck due to #COVIDFurlough. Kinda selfish, but yeah... that's where I'm at.

If my number gets pulled, I'm fine with packing my bags, since I was hoping for deployment around this time anyhow.
 

bubblehead

Registered Member
Contributor
I don't see many IWC members pulling extra duty because of this, unless they actually need the paycheck due to #COVIDFurlough. Kinda selfish, but yeah... that's where I'm at.
I could see them mobilizing Reservists to for general help, not necessarily for help in designator or rate. Say the NOSCs suddenly turn in to supply distribution depots or other. They will need lots of help.

If my number gets pulled, I'm fine with packing my bags, since I was hoping for deployment around this time anyhow.
IMHO, better to help out with this than that clusterf*ck that is Afghanistan.
 

WestNavyTX

New Member
I could see them mobilizing Reservists to for general help, not necessarily for help in designator or rate. Say the NOSCs suddenly turn in to supply distribution depots or other. They will need lots of help.


IMHO, better to help out with this than that clusterf*ck that is Afghanistan.

@bubblehead - thanks for making an new thread on this. Let’s monitor closely. Going to be interesting to see how / who / when they call SELRES and IRR members up...
 

nittany03

Recovering NFO. Herder of Programmers.
pilot
None
Super Moderator
Contributor
This is the same as the EO Bush put out that underpins our GWOT-related MOBs. It's a partial mobilization of the reserves. Full call-up requires Congressional action. So from an individual reservist perspective, I would expect this works exactly like the GWOT MOBs as far as dwell, deferments, etc.

Pretty sure any MOB billets they create are still going to have to go through the standard sourcing process of COCOM (what do we need?) -> Joint Staff (which service provides the IA?) -> Fleet Forces (is it an active or reserve IA?) -> CNRFC (pick a qualified body). I've read in other fora that NORTHCOM is executing CONPLANS 3400 and 3500, which are existing frameworks for defense support to civil authorities. So this EO provides the authorities to MOB people for whatever billets are needed to execute the CONOPS NORTHCOM has decided on.

Maybe later I'll jump on ZipServe out of curiosity and see if they're advertising anything yet.
 

SynixMan

HKG Based Artificial Excrement Pilot
pilot
Contributor
Well, I'll be a reservist in about two weeks and suddenly have a lot of free time, so something tells me this may be in my future.
 

nittany03

Recovering NFO. Herder of Programmers.
pilot
None
Super Moderator
Contributor
There will be a need. Sh*t is going to get really bad in the next two weeks.
Well until someone publishes something different, it's still a 180-day hook for involuntary MOBs and 75 days for volunteers.
 

nittany03

Recovering NFO. Herder of Programmers.
pilot
None
Super Moderator
Contributor
COVID sh*t is going to get really bad in the next two weeks, not mobilizations.
My point is that the authorities to do anything with IA reservists are the same as they've always been, absent a Congressional call-up or change to the policy. So if anyone is wondering how this will effect them as reservists, it's just another 12302 MOB that looks, acts, and smells just like GWOT. I wasn't commenting on epidemiology.
 

Jim123

DD-214 in hand and I'm gonna party like it's 1998
pilot
Hypothetically, if they call up the fleet reserve ("retired"), how many of those guys will flat out refuse to do their GMT?

? Smilies and shit
 

bubblehead

Registered Member
Contributor
...the authorities to do anything with IA reservists are the same as they've always been
The authorities are different. From a JAG buddy

using Title 50 vs Title 10 would make it easier to avoid any posse comitatus issues, especially for missions that might include enforcing social distancing and enforcing quarantine (e.g. stopping vehicles as they cross state lines, etc.) The national guard could do those types of missions under Title 32 but the states would be paying for it. Perhaps this is a way for the federal government to direct and pay for troops to do things as law enforcement functions under the national emergency provisions. Plus, Title 32 alone might not permit Navy and Marine members to do anything, whereas Title 50 would permit the use of Navy and Marine Corps to set up and man checkpoints, etc.
 

nittany03

Recovering NFO. Herder of Programmers.
pilot
None
Super Moderator
Contributor
The authorities are different. From a JAG buddy

using Title 50 vs Title 10 would make it easier to avoid any posse comitatus issues, especially for missions that might include enforcing social distancing and enforcing quarantine (e.g. stopping vehicles as they cross state lines, etc.) The national guard could do those types of missions under Title 32 but the states would be paying for it. Perhaps this is a way for the federal government to direct and pay for troops to do things as law enforcement functions under the national emergency provisions. Plus, Title 32 alone might not permit Navy and Marine members to do anything, whereas Title 50 would permit the use of Navy and Marine Corps to set up and man checkpoints, etc.
Where in the world of Title 50 is your JAG buddy getting that? Because I don't see it.

Title 50 USC § 1601-1651 is the National Emergencies Act, which gives the President power to declare a national emergency. Title 10 USC § 12302 is the section cited in the EO that allows the President to conduct a partial callup of the reserves, not to exceed 24 months per person, and not to exceed 1,000,000 reservists called up at a time. 12302 kicks in when the emergency is declared under Title 50. GWOT MOBs are covered under President Bush's EO right after 9/11. This EO is designed to expand those same authorities to this national emergency.

You can't call up reservists under Title 50, unless you can point to a citation somewhere in the law that I missed. You call up federal reservists under Title 10 sections 12301, 12302, 12304, 12304a, or 12304b. Again, this EO cites 12302, so that is what applies. They could have picked 12304a, but that would require an ask from a state governor and limit the MOBs to 120 days.

Title 32 regulates the National Guard. It has precisely zero to do with federal reservists. Also, the Navy and Marine Corps don't fall under the Posse Comitatus Act. We follow DoD regs concerning support to civil authorities, and are barred from participating in searches, seizures, and arrests by Title 10 USC § 275. That's why counterdrug ops have Coasties onboard to do the arresting.

A Guide to Emergency Powers And Their Use
 
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