10 USC § 18239 - Waiver of certain restrictions

---
identifier: "/us/usc/t10/s18239"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 18239 - Waiver of certain restrictions"
title_number: 10
title_name: "ARMED FORCES"
section_number: "18239"
section_name: "Waiver of certain restrictions"
chapter_number: 1803
chapter_name: "FACILITIES FOR RESERVE COMPONENTS"
part_number: "V"
part_name: "SERVICE, SUPPLY, AND PROCUREMENT"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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; renumbered § 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.)"
---


# § 18239. Waiver of certain restrictions

**(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.

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**Source Credit**: (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; renumbered § 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).  substituted “” for “section 355 of the Revised Statutes ()”.

1994—, renumbered  as this section.

Subsecs. (a), (b). , substituted “18233” for “2233”.

1982—Subsec. (a).  substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes ()”.

Subsec. (b). , 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 Amendment

Amendment by  effective , except as otherwise provided, see , set out as an Effective Date note under .

### Effective Date

Section effective , and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see , set out as a note under .