§ 327. Courts-martial of National Guard not in Federal service: convening authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 608 · 70A Stat. 608

   Enacted · 32 U.S.C. § 327

   Aug. 10, 1956, ch. 1041, 70A Stat. 608

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 608

2. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1234(b)(4) · 102 Stat. 1918

   Substituted · 32 U.S.C. § 327(a)

   Pub. L. 100–456 substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–456 substituted “Territory or Puerto Rico” for “Territory, Puerto Rico, or the Canal Zone,”.

   Enacted provision · exact public law section
   (4) Sections 327(a), 505(a), and 702(a) are each amended by striking out “Territory, Puerto Rico, or the Canal Zone,” and inserting in lieu thereof “Territory or Puerto Rico”.

3. 2002

   Pub. L. 107–314 div. A title V § 512(b) · 116 Stat. 2458

   Amended · 32 U.S.C. § 327

   Pub. L. 107–314 amended section catchline and text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 107–314 amended section catchline and text generally. Prior to amendment, text read as follows:

   “(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia. “(b) A general court-martial may sentence to— “(1) a fine of not more than $200; “(2) forfeiture of pay and allowances; “(3) a reprimand; “(4) dismissal or dishonorable discharge; “(5) reduction of a noncommissioned officer to the ranks; or “(6) any combination of these punishments.”

   Enacted provision · exact public law section
   (b) Convening Authority.— Section 327 of such title is amended to read as follows: “§327. Courts-martial of National Guard not in Federal service: convening authority “(a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia. “(b) In the National Guard not in Federal service— “(1) general courts-martial may be convened by the President; “(2) special courts-martial may be convened— “(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or “(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and “(3) summary courts-martial may be convened— “(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or “(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment. “(c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).”.

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1057(b)(7) · 119 Stat. 3136

   Substituted · 32 U.S.C. § 327(a)

   Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”.

   Enacted provision · exact public law section
   (7) Sections 326, 327, and 501 are amended by striking “States and Territories, Puerto Rico, and the District of Columbia” each place it appears and inserting “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands”.

3 of 4 references resolved to an enrolled provision · 1 partial