2018 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components
Part V - Service, Supply, and Procurement
Chapter 1803 - Facilities for Reserve Components
Sec. 18239 - Waiver of certain restrictions

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Citation 10 U.S.C. § 18239 (2018)
Section Name §18239. Waiver of certain restrictions
Section Text

(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.

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). 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".

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. 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.

Publication Title United States Code, 2018 Edition, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle E - Reserve Components
PART V - SERVICE, SUPPLY, AND PROCUREMENT
CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS
Sec. 18239 - Waiver of certain restrictions
Contains section 18239
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 96 Stat. 169, 1290, 1573
108 Stat. 3010
116 Stat. 1298
Public Law References Public Law 97-214, Public Law 97-295, Public Law 97-321, Public Law 103-337, Public Law 107-217
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