10 U.S.C. § 2493: Fisher Houses: administration as nonappropriated fund instrumentality

is located in proximity to a health care facility of the Army, the Air Force, or the Navy; is available for residential use on a temporary basis by authorized Fisher House residents; and the Zachary and Elizabeth M. Fisher Armed Services Foundation; or another source, if the Secretary of the military department concerned designates the housing facility as a Fisher House. The term “Fisher House” includes the Fisher House for the Families of the Fallen and Meditation Pavilion at Dover Air Force Base, Delaware, so long as such facility is available for residential use on a temporary basis by authorized Fisher House residents. meet the requirements of subparagraphs (A) and (B) of paragraph (1); are constructed, altered, or repaired and donated by a source described in subparagraph (C) of that paragraph; and are designated by the Secretary of the military department concerned as a Fisher Suite. Patients of that health care facility. Members of the families of such patients. Other persons providing the equivalent of familial support for such patients. The primary next of kin of a member of the armed forces who dies while located or serving overseas. Other family members of the deceased member who are eligible for transportation under section 453(f) of title 37 . An escort of a family member described in clause (i) or (ii). The Secretary of each military department shall administer all Fisher Houses and Fisher Suites associated with facilities of that military department as a nonappropriated fund instrumentality of the United States. 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. 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. accept money, property, and services donated for the support of a Fisher House or Fisher Suite associated with facilities of that military department; and may impose fees relating to the use of such Fisher Houses and Fisher Suites. 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 facilities of that military department and shall be available to that Secretary to support all such Fisher Houses and Fisher Suites. The Secretary of a military department may provide base operating support for Fisher Houses associated with facilities of that military department. 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. 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. The term ‘Fisher House’ has the meaning given the term in section 2493(a)(1) of title 10 , United States Code. The term ‘competitive service’ has the meaning given the term in section 2102 of title 5 , United States Code.” establish the fund required under section 2493(d) of title 10 , United States Code (as added by subsection (a)); and 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. 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. 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. the certification of that Secretary that those actions have been completed; and 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)). 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.”