118 STAT. 1907 PUBLIC LAW 108–375—OCT. 28, 2004 Appropriated funds so designated shall be considered to be non appropriated funds for all purposes and shall remain available until expended. ‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Naval Academy mixed funded athletic or recreational extracurricular pro gram’ means an athletic or recreational extracurricular program of the Naval Academy to which each of the following applies: ‘‘(1) The program is not considered a morale, welfare, or recreation program. ‘‘(2) The program is supported through appropriated funds. ‘‘(3) The program is supported by a nonappropriated fund instrumentality. ‘‘(4) The program is not a private organization and is not operated by a private organization.’’. (2) The table of sections at the beginning of such title is amended by adding at the end the following new item: ‘‘6978. Mixed funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.’’. (c) UNITED STATES AIR FORCE ACADEMY.—(1) Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 9359. Mixed funded athletic and recreational extra curricular programs: authority to manage appro priated funds in same manner as non appropriated funds ‘‘(a) AUTHORITY.—In the case of an Academy mixed funded ath letic or recreational extracurricular program, the Secretary of the Air Force may designate funds appropriated to the Department of the Air Force and available for that program to be treated as nonappropriated funds and expended for that program in accord ance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain avail able until expended. ‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Academy mixed funded athletic or recreational extracurricular program’ means an athletic or recreational extracurricular program of the Academy to which each of the following applies: ‘‘(1) The program is not considered a morale, welfare, or recreation program. ‘‘(2) The program is supported through appropriated funds. ‘‘(3) The program is supported by a nonappropriated fund instrumentality. ‘‘(4) The program is not a private organization and is not operated by a private organization.’’. (2) The table of sections at the beginning of such title is amended by adding at the end the following new item: ‘‘9359. Mixed funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.’’. (d) EFFECTIVE DATE AND APPLICABILITY.—Sections 4359, 6978, and 9359 of title 10, United States Code, shall apply only with respect to funds appropriated for fiscal years after fiscal year 2004. 10 USC 4359 note.
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