10 U.S.C. § 18238 — Army National Guard of United States;

Page 3798 TITLE 10—ARMED FORCES § 18238 Subsec. (a). Pub. L. 85–861 designated existing provi- sions as subsec. (a) and substituted ‘‘under any provi- sion of this chapter except section 2233(a)(2), (3), and (4) of this title’’ for ‘‘under this chapter’’. Subsec. (b). Pub. L. 85–861 added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1664(b)(2), (9) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. 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 hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 18238. Army National Guard of United States; Air National Guard of United States: limita- tion 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 with- drawn 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 Colum- bia. (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; re- numbered § 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 omit- ted 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 ap- plied to the District of Columbia and there is no ‘‘gov- ernor’’ 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 sur- plusage. Editorial Notes AMENDMENTS 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 gov- ernor, 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 hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 18239. Waiver of certain restrictions (a) The Secretary of Defense and the Secretary of each military department may make expendi- tures and contributions under section 18233 of this title without regard to section 3324(a) and (b) of title 31. (b) Authority provided by law to place perma- nent or temporary improvements on land under section 18233 of this title may be exercised on land not owned by the United States— (1) before title to the land on which the im- provement is located (or is to be located) is ap- proved under section 3111 of title 40; and (2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department con- cerned determines that the interest to be ac- quired in the land is sufficient for the purposes of the project. (Added Pub. L. 97–214, § 3(b)(1), July 12, 1982, 96 Stat. 169, § 2239; amended Pub. L. 97–295, § 1(23), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–321, title VIII, § 805(a)(2), Oct. 15, 1982, 96 Stat. 1573; re- numbered § 18239 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (10), Oct. 5, 1994, 108 Stat. 3010, 3011; Pub. L. 107–217, § 3(b)(42), Aug. 21, 2002, 116 Stat. 1298.) Editorial Notes AMENDMENTS 2002—Subsec. (b)(1). Pub. L. 107–217 substituted ‘‘sec- tion 3111 of title 40’’ for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2239 of this title as this section. Subsecs. (a), (b). Pub. L. 103–337, § 1664(b)(10), sub- stituted ‘‘18233’’ for ‘‘2233’’. 1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 3648 of the Re- vised Statutes (31 U.S.C. 529)’’. Subsec. (b). Pub. L. 97–321, in introductory text, sub- stituted ‘‘on land’’ for ‘‘on lands’’ and inserted ‘‘on land not owned by the United States’’; redesignated former cl. (1) as par. (1); added par. (2) and struck out former cl. (2) ‘‘even though the land is held temporarily’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L.