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Title 10 - ARMED FORCESSubtitle E - RESERVE COMPONENTSPart II - PERSONNEL GENERALLYChapter 1225 - RETIRED GRADEPart III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LISTChapter 1413 - ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIESPart IV - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMSChapter 1611 - OTHER EDUCATIONAL ASSISTANCE PROGRAMSPart V - SERVICE, SUPPLY, AND PROCUREMENT
Chapter 1803 - FACILITIES FOR RESERVE COMPONENTS
Section 18238 - Army National Guard of United States; Air National Guard of United States: limitation on relocation of units

10 U.S.C. § 18238

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Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
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of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State or, in the case of the District of Columbia, the commanding general of the National Guard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 §1 8238,Pub. L. 103-337, div. A, title XVI, §1664(b)(2)8238,, 108 Stat. 3010.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised sectionSource (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 sectionSource (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.