
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2493]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 147--COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND 
                          RECREATION ACTIVITIES
 
Sec. 2493. Fisher Houses: administration as nonappropriated fund 
        instrumentality
        
    (a) Fisher Houses and Suites Defined.--In this section:
        (1) The term ``Fisher House'' means a housing facility that--
            (A) is located in proximity to a health care facility of the 
        Army, the Air Force, or the Navy;
            (B) is available for residential use on a temporary basis by 
        patients of that health care facility, members of the families 
        of such patients, and others providing the equivalent of 
        familial support for such patients; and
            (C) is constructed and donated by--
                (i) the Zachary and Elizabeth M. Fisher Armed Services 
            Foundation; or
                (ii) another source, if the Secretary of the military 
            department concerned designates the housing facility as a 
            Fisher House.

        (2) The term ``Fisher Suite'' means one or more rooms that--
            (A) meet the requirements of subparagraphs (A) and (B) of 
        paragraph (1);
            (B) are constructed, altered, or repaired and donated by a 
        source described in subparagraph (C) of that paragraph; and
            (C) are designated by the Secretary of the military 
        department concerned as a Fisher Suite.

    (b) Nonappropriated Fund Instrumentality.--The Secretary of each 
military department shall administer all Fisher Houses and Fisher Suites 
associated with health care facilities of that military department as a 
nonappropriated fund instrumentality of the United States.
    (c) Governance.--The Secretary of each military department shall 
establish a system for the governance of the nonappropriated fund 
instrumentality required by subsection (b) for that military department.
    (d) Central Fund.--The Secretary of each military department shall 
establish a single fund as the source of funding for the operation, 
maintenance, and improvement of all Fisher Houses and Fisher Suites of 
the nonappropriated fund instrumentality required by subsection (b) for 
that military department.
    (e) Acceptance of Contributions; Imposition of Fees.--(1) The 
Secretary of a military department may--
        (A) accept money, property, and services donated for the support 
    of a Fisher House or Fisher Suite associated with health care 
    facilities of that military department; and
        (B) may impose fees relating to the use of such Fisher Houses 
    and Fisher Suites.

    (2) All monetary donations, and the proceeds of the disposal of any 
other donated property, accepted by the Secretary of a military 
department under this subsection shall be credited to the fund 
established under subsection (d) for the Fisher Houses and Fisher Suites 
associated with health care facilities of that military department and 
shall be available to that Secretary to support all such Fisher Houses 
and Fisher Suites.
    (f) Special Authority for Navy.--The Secretary of the Navy shall 
provide base operating support for Fisher Houses associated with health 
care facilities of the Navy. The level of the support shall be 
equivalent to the base operating support that the Secretary provides for 
morale, welfare, and recreation category B community activities (as 
defined in regulations, prescribed by the Secretary, that govern morale, 
welfare, and recreation activities associated with Navy installations).
    (g) Annual Report.--Not later than January 15 of each year, the 
Secretary of each military department shall submit to Congress a report 
describing the operation of Fisher Houses and Fisher Suites associated 
with health care facilities of that military department. The report 
shall include, at a minimum, the following:
        (1) The amount in the fund established by that Secretary under 
    subsection (d) as of October 1 of the previous year.
        (2) The operation of the fund during the preceding fiscal year, 
    including--
            (A) all gifts, fees, and interest credited to the fund; and
            (B) all disbursements from the fund.

        (3) The budget for the operation of the Fisher Houses and Fisher 
    Suites for the fiscal year in which the report is submitted.

(Added Pub. L. 105-261, div. A, title IX, Sec. 906(a)(1), Oct. 17, 1998, 
112 Stat. 2093; amended Pub. L. 106-398, Sec. 1 [[div. A], title IX, 
Sec. 914(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-230.)


                               Amendments

    2000--Subsecs. (f), (g). Pub. L. 106-398 added subsec. (f) and 
redesignated former subsec. (f) as (g).


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 914(c)(1)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-230, provided that: ``The amendments 
made by subsection (a) [amending this section] shall be effective as of 
October 17, 1998, as if included in section 2493 of title 10, United 
States Code, as enacted by section 906(a) of Public Law 105-261.''


              Savings Provisions for Certain Navy Employees

    Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 914(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-230, provided that:
    ``(1) The Secretary of the Navy may continue to employ, and pay out 
of appropriated funds, any employee of the Navy in the competitive 
service who, as of October 17, 1998, was employed by the Navy in a 
position at a Fisher House administered by the Navy, but only for so 
long as the employee is continuously employed in that position.
    ``(2) After a person vacates a position in which the person was 
continued to be employed under the authority of paragraph (1), a person 
employed in that position shall be employed as an employee of a 
nonappropriated fund instrumentality of the United States and may not be 
paid for services in that position out of appropriated funds.
    ``(3) In this subsection:
        ``(A) The term `Fisher House' has the meaning given the term in 
    section 2493(a)(1) of title 10, United States Code.
        ``(B) The term `competitive service' has the meaning given the 
    term in section 2102 of title 5, United States Code.''
    [Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 914(c)(2)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-230, provided that: ``Subsection (b) 
[set out above] applies with respect to the pay period that includes 
October 17, 1998, and subsequent pay periods.'']


              Establishment of Funds and Funding Transition

    Pub. L. 105-261, div. A, title IX, Sec. 906(b)-(e), Oct. 17, 1998, 
112 Stat. 2095, provided that:
    ``(b) Establishment of Funds.--Not later than 90 days after the date 
of the enactment of this Act [Oct. 17, 1998], the Secretary of each 
military department shall--
        ``(1) establish the fund required under section 2493(d) of title 
    10, United States Code (as added by subsection (a)); and
        ``(2) close the Fisher House Trust Fund established for that 
    department under section 2221 of such title and transfer the amounts 
    in the closed fund to the newly established fund.
    ``(c) Funding Transition.--(1) Of the amount authorized to be 
appropriated pursuant to section 301(2) [112 Stat. 1960] for operation 
and maintenance for the Navy, the Secretary of the Navy shall transfer 
to the fund established by that Secretary under section 2493(d) of title 
10, United States Code (as added by subsection (a)), such amount as that 
Secretary considers appropriate for establishing in the fund a corpus 
sufficient for operating Fisher Houses and Fisher Suites associated with 
health care facilities of the Department of the Navy.
    ``(2) Of the amount authorized to be appropriated pursuant to 
section 301(4) for operation and maintenance for the Air Force, the 
Secretary of the Air Force shall transfer to the fund established by 
that Secretary under section 2493(d) of title 10, United States Code (as 
added by subsection (a)), such amount as that Secretary considers 
appropriate for establishing in the fund a corpus sufficient for 
operating Fisher Houses and Fisher Suites associated with health care 
facilities of the Department of the Air Force.
    ``(d) Reporting Requirements.--The Secretary of each military 
department, upon completing the actions required of the Secretary under 
subsections (b) and (c), shall submit to Congress a report containing--
        ``(1) the certification of that Secretary that those actions 
    have been completed; and
        ``(2) a statement of the amount deposited in the fund 
    established by that Secretary under section 2493(d) of title 10, 
    United States Code (as added by subsection (a)).
    ``(e) Availability of Transferred Amounts.--Amounts transferred 
under subsection (b) or (c) to a fund established under section 2493(d) 
of title 10, United States Code (as added by subsection (a)), shall be 
available without fiscal year limitation for the purposes for which the 
fund is established and shall be administered as nonappropriated 
funds.''
