Title 10 — Armed ForcesRelease 119-73
§7459 Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
Title 10 › Subtitle Subtitle B— - Army › Part PART III— - TRAINING › Chapter CHAPTER 753— - UNITED STATES MILITARY ACADEMY › § 7459
Summary
The Secretary of the Army may treat certain appropriated Academy funds for sports or recreation as nonappropriated funds so they can be spent under nonappropriated rules and stay available until used. Those programs are not MWR programs, are supported by appropriated and nonappropriated funds, and are not private organizations.
Full Legal Text
Title 10, §7459
Armed Forces — Source: USLM XML via OLRC
(a)In the case of an Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Army may designate funds appropriated to the Department of the Army and available for that program to be treated as nonappropriated funds and expended for that program in accordance 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 available until expended.
(b)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 4359 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
Pub. L. 108–375, div. A, title V, § 544(d), Oct. 28, 2004, 118 Stat. 1907, provided that: “section 4359, 6978, and 9359 [now 7459, 8478, and 9459] of title 10, United States Code, shall apply only with respect to funds appropriated for fiscal years after fiscal year 2004.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 7459
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73