Title 10 — Armed ForcesRelease 119-73not60
§18239 Waiver of Certain Restrictions
Title 10 › Subtitle Subtitle E— Reserve Components › Part V— SERVICE, SUPPLY, AND PROCUREMENT › Chapter 1803— FACILITIES FOR RESERVE COMPONENTS › § 18239
Summary
Allows the Secretary of Defense and military department secretaries to use section 18233 funds without following 31 U.S.C. 3324(a)–(b). It also permits placing improvements on non‑Federal land before approval under section 3111 of title 40 and acquiring less than fee simple interests if the department secretary finds them sufficient.
Full Legal Text
Title 10, §18239
Armed Forces — Source: USLM XML via OLRC
(a)The Secretary of Defense and the Secretary of each military department may make expenditures 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 permanent 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 improvement is located (or is to be located) is approved 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 concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Subsec. (b)(1). Pub. L. 107–217 substituted “section 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), substituted “18233” for “2233”. 1982—Subsec. (a). Pub. L. 97–295 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”. Subsec. (b). Pub. L. 97–321, in introductory text, substituted “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 AmendmentAmendment by 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
Section 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 a note under section 2801 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 18239
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60