Federal law does not allow for closure
of Guard bases        

[MARCH 28, 2005]  WASHINGTON -- In a letter delivered Thursday to Secretary of Defense Donald Rumsfeld, three Illinois legislators stated that any actions by the Base Realignment and Closure Commission to close Army and Air National Guard bases without the consent of the governor of the state in which that base is located would be in violation of federal law. House Speaker Dennis Hastert joined U.S.  Sen. Richard Durbin, D-Ill., and U.S. Rep. Ray LaHood, R-Ill., in sending the letter.

The Illinois legislators, all of whom have been at the forefront of protecting Illinois bases from closure under the commission, called on the secretary to immediately stop any actions by the commission that might violate this law.

The letter outlines federal statute that prevents the closure of a base without a governor's consent. The letter says this provision is "clearly outlined in Title 10, United States Code, as follows:"

"Title 10 USC 18238 (e):
'(e) A unit of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the state or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia.' "

The letter also states that it is the opinion of the U.S. House of Representatives Office of Legislative Counsel that nothing in the Base Realignment and Closure Commission provisions supersedes or amends Title 10 USC 18238 (e). 

"The men and women in the Illinois National Guard and Reserve are serving a series of vital functions in this post-9/11 world," said Durbin. "It's in our nation's best interest to keep our bases active and operational."

"The Guard bases we have in Illinois, including both the 183rd Fighter Wing and the 182nd Airlift Wing located within my congressional district, are vitally important to our national defense as well as the economy of the state of Illinois," LaHood said. "I believe this provision of federal law is very clear and is not superseded by the BRAC law, and therefore I believe the commission does not have jurisdiction over closing the 182nd or 183rd without the consent of the governor."

Text of letter:

The Honorable Donald Rumsfeld, Secretary
Department of Defense
1000 Defense, The Pentagon
Washington, DC  20301-1000

Dear Mr. Secretary:

As the Base Realignment and Closure (BRAC) process begins, it has come to our attention that federal law prohibits the closure or relocation of Army National Guard installations or Air National Guard bases without the consent of the governor of the state.  This is clearly outlined in Title 10, United States Code, as follows:

Title 10 USC 18238 (e):
"(e) A unit of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the state or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia."

This language has been discussed with the United States House of Representatives Legislative Counsel and it is their opinion that nothing in the BRAC provisions neither amends nor calls for the amending of the above Title 10 provision, which is part of the general and permanent law applicable to the National Guard.

Therefore, pursuant to Title 10 section 18238(e), we respectfully request that any and all actions taken under BRAC against Air and Army National Guard bases without the consent of the governors of those states be stopped immediately.  We appreciate your prompt attention to this request, as the BRAC process continues.

Respectfully,

J. Dennis Hastert
Speaker of the House

Richard Durbin
United States Senator

Ray LaHood
Member of Congress

[News release from Rep. Ray LaHood,
18th Congressional District]