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Title 10 — Armed Forces

Part V · Chapter 1803 — Facilities for Reserve Components

§ 18238. Army National Guard of United States; Air National Guard of United States: limitation on relocation of units

Statutory text

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of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State or, in the case of the District of Columbia, the commanding general of the National Guard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

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. Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2238 · 70A Stat. 123

    Enacted · 10 U.S.C. § 18238

    Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2238

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2238

  2. Pub. L. 85–861 § 1(43) · 72 Stat. 1437

    Changed · 10 U.S.C. § 18238

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  3. Military Construction Codification Act

    Pub. L. 97–214 § 3(d)(4) · 96 Stat. 153

    Substituted · 10 U.S.C. § 18238

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) Section 2238 of such title is amended by striking out “or 10 USC 2238. Territory” and all that follows and inserting in lieu thereof “or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia.”.

    Effective date note
    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.

  4. Reserve Officer Personnel Management Act

    Pub. L. 103–337 div. A title XVI § 1664(b)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 18238

    Pub. L. 103–337 renumbered section 2238 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337 renumbered section 2238 of this title as this section.

    Enacted provision · exact public law section
    (2) The sections of that chapter are redesignated as follows: Section Redesignated section  2231 18231  2232 18232  2233 18233  2233a 18233a  2234 18234  2235 18235  2236 18236  2237 18237  2238 18238  2239 18239

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

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
223850:883(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.

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
223850:883(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

Amendments1958–1994 · 3 rounds

1994

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 , 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.

Credits

1956–1994 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2238
  2. 1958Pub. L. 85–861, § 1(43), , 72 Stat. 1457
  3. 1982Pub. L. 97–214, § 3(d)(4), , 96 Stat. 170
  4. 1994renumbered § 18238, Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), , 108 Stat. 3010.
Show as published

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

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