
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC18239]

 
                         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

    (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 355 of the Revised 
    Statutes (40 U.S.C. 255); 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.

(Added Pub. L. 97-214, Sec. 3(b)(1), July 12, 1982, 96 Stat. 169, 
Sec. 2239; amended Pub. L. 97-295, Sec. 1(23), Oct. 12, 1982, 96 Stat. 
1290; Pub. L. 97-321, title VIII, Sec. 805(a)(2), Oct. 15, 1982, 96 
Stat. 1573; renumbered Sec. 18239 and amended Pub. L. 103-337, div. A, 
title XVI, Sec. 1664(b)(2), (10), Oct. 5, 1994, 108 Stat. 3010, 3011.)


                               Amendments

    1994--Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2239 of 
this title as this section.
    Subsecs. (a), (b). Pub. L. 103-337, Sec. 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.
