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Title 10, Armed ForcesRelease 119-110

§9459 Mixed-funded Athletic and Recreational Extracurricular Programs: Authority to Manage Appropriated Funds in Same Manner as Nonappropriated Funds

Title 10 › Subtitle D — Air Force and Space Force › PART III — TRAINING › CHAPTER 953 — UNITED STATES AIR FORCE ACADEMY › § 9459

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Air Force can decide that money from the Air Force budget for a qualifying Academy athletic or recreational extracurricular program will be handled like nonappropriated fund money. Once chosen, that money is treated the same as nonappropriated funds and stays available until it is spent. Academy mixed-funded athletic or recreational extracurricular program — an Academy sports or recreation program that is not a morale/welfare/recreation program, is paid for by both appropriated funds and a nonappropriated fund instrumentality, and is not a private group or run by one.

Full Legal Text

Title 10, §9459

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—
In the case of an Academy mixed-funded athletic 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 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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9359 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

Section applicable only with respect to funds appropriated for fiscal years after fiscal year 2004, see section 544(d) of Pub. L. 108–375, set out as a note under section 7459 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 9459

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110