US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 18239

Waiver of certain restrictions

(a)
section 18233 of this title The Secretary of Defense and the Secretary of each military department may make expenditures and contributions under without regard to section 3324(a) and (b) of title 31.
(b)
section 18233 of this title Authority provided by law to place permanent or temporary improvements on land under may be exercised on land not owned by the United States—
(1)
section 3111 of title 40 before title to the land on which the improvement is located (or is to be located) is approved under ; 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.

Pub. L. 97–214, § 3(b)(1)96 Stat. 169Pub. L. 97–295, § 1(23)96 Stat. 1290Pub. L. 97–321, title VIII, § 805(a)(2)96 Stat. 1573Pub. L. 103–337, div. A, title XVI, § 1664(b)(2)108 Stat. 3010Pub. L. 107–217, § 3(b)(42)116 Stat. 1298(Added , , , § 2239; amended , , ; , , ; renumbered § 18239 and amended , (10), , , 3011; , , .)

Editorial Notes

Amendments

Pub. L. 107–217section 3111 of title 4040 U.S.C. 2552002—Subsec. (b)(1). substituted “” for “section 355 of the Revised Statutes ()”.

Pub. L. 103–337, § 1664(b)(2)section 2239 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1664(b)(10)Subsecs. (a), (b). , substituted “18233” for “2233”.

Pub. L. 97–29531 U.S.C. 5291982—Subsec. (a). substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes ()”.

Pub. L. 97–321Subsec. (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

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date

section 12(a) of Pub. L. 97–214section 2801 of this titleSection 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 .