10 U.S.C. § 18238

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 18238 - Army National Guard of United States; Air National Guard of United States: limitation on relocation of units

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of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State or, in the case of the District of Columbia, the commanding general of the National Guard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.

10 U.S.C. § 18238

Aug. 10, 1956, ch. 1041, 70A Stat. 123, §2238; Pub. L. 85-861, §1(43), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 97-214, §3(d)(4), July 12, 1982, 96 Stat. 170; renumbered §18238, Pub. L. 103-337, div. A, title XVI, §1664(b)(2), Oct. 5, 1994, 108 Stat. 3010.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
2238	50:883(b).	Sept. 11, 1950, ch. 945, §4(b), 64 Stat. 830.

The words "from any community or area" are omitted as surplusage. The word "relocated" is substituted for the words "location *** be changed". The words "Territory, or Puerto Rico, or the commanding general of the National Guard of the District of Columbia" are inserted to reflect 50:886(b), since the source statute applied to the District of Columbia and there is no "governor" of the District of Columbia. The words "as the case may be" are substituted for the words "within which such unit is situated". The words "with regard to such withdrawal or change of location" are omitted as surplusage.

1958 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
2238	50:883(b).	Aug. 9, 1955, ch. 662, §1(c), 69 Stat. 593.

The words "shall have been consulted" and "such withdrawal or change of location" are omitted as surplusage.

EDITORIAL NOTES

AMENDMENTS1994- Pub. L. 103-337 renumbered section 2238 of this title as this section. 1982-Pub. L. 97-214 substituted "or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia" for "or Territory, or Puerto Rico, or the commanding general of the District of Columbia, as the case may be". 1958-Pub. L. 85-861 required the consent of the governor, or the commanding general of the National Guard of the District of Columbia, prior to relocation or withdrawal.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as an Effective Date note under section 2801 of this title.

Air National Guard of the United States: The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
Army National Guard of the United States: The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
National Guard: The term "National Guard" means the Army National Guard and the Air National Guard.
State: The term "State" means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States and includes political subdivisions and military units thereof and tax-supported agencies therein.