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Capito Wants West Virginia Five to Lay Down the Law on BRAC Commission

Date: May 10, 2005
Location: Washington, DC
Issues: Defense


Capito Wants West Virginia Five to Lay Down the Law on BRAC Commission
5/10/2005

She seeks support of her WV Colleague in calling for the BRAC Commission to obey Federal Law

WASHINGTON, DC (5/10) In response to concerns about the 130th Airlift Wing being impacted by the Base Realignment and Closure (BRAC) process, Congresswoman Shelley Moore Capito (R-WV) is seeking the support of her colleagues in the West Virginia Congressional Delegation to sign onto a letter to the Defense Secretary calling on the BRAC commission to obey a federal law that states a National Guard unit cannot be moved or withdrawn from a state without consent from that states Governor.

The letter addressed to Defense Secretary Rumsfeld reads: "West Virginias Guard and Air National Guard represent the best of the Mountain State. As you continue with the Base Realignment and Closure (BRAC) process we implore you to recognize federal law that 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National Guard of the United States may not be relocated or withdrawn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 West Virginia Air and Army National Guard bases without the consent of Governor Manchin be stopped immediately. We appreciate your prompt attention to this request, as the BRAC process continues."

http://capito.house.gov/press_office/detail-page.aspx?id=71&whichone=pr

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