PRIA, Government Policy, Made Personal

§2491 Uniform Funding and Management of Morale, Welfare, and Recreation Programs

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 147 — COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES › SUBCHAPTER III — MORALE, WELFARE, AND RECREATION PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES › § 2491

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense can allow money that was appropriated for morale, welfare, and recreation (MWR) programs to be treated and spent like nonappropriated funds, under rules the Secretary sets. When used that way, the money is treated as nonappropriated funds and stays available until it is spent. Only MWR programs that are allowed to get appropriated money may receive this support, and they may get only the amounts they are authorized to receive. The Secretary can also pick jobs paid with appropriated funds and offer to change those workers into employees of a nonappropriated fund instrumentality. The worker must agree to the change, and if they refuse they cannot be removed for saying no. If the worker agrees, the change happens with no break in service. The change does not give rights to severance pay, back pay, or separation pay under subchapter IX of chapter 55 of title 5, and it is not treated as an involuntary separation or other adverse action. “Employee of a nonappropriated fund instrumentality” means the kind of employee described in section 2105(c) of title 5.

Title 10, §2491

Armed Forces, Source: USLM XML via OLRC

(a)Authority for Uniform Funding and Management.—

Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense and available for morale, welfare, and recreation programs may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditures of nonappropriated funds. When made available for morale, welfare, and recreation programs under such regulations, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.

(b)Conditions on Availability.—

Funds appropriated to the Department of Defense may be made available to support a morale, welfare, or recreation program only if the program is authorized to receive appropriated fund support and only in the amounts the program is authorized to receive.

(c)Conversion of Employment Positions.—

(1)The Secretary of Defense may identify positions of employees in morale, welfare, and recreation programs within the Department of Defense who are paid with appropriated funds whose status may be converted from the status of an employee paid with appropriated funds to the status of an employee of a nonappropriated fund instrumentality.

(2)The status of an employee in a position identified by the Secretary under paragraph (1) may, with the consent of the employee, be converted to the status of an employee of a nonappropriated fund instrumentality. An employee who does not consent to the conversion may not be removed from the position because of the failure to provide such consent.

(3)The conversion of an employee from the status of an employee paid by appropriated funds to the status of an employee of a nonappropriated fund instrumentality shall be without a break in service for the concerned employee. The conversion shall not entitle an employee to severance pay, back pay or separation pay under subchapter IX of chapter 55 of title 5, or be considered an involuntary separation or other adverse personnel action entitling an employee to any right or benefit under such title or any other provision of law or regulation.

(4)In this subsection, the term “an employee of a nonappropriated fund instrumentality” means an employee described in section 2105(c) of title 5.

§2491 Uniform Funding and Management of Morale, Welfare, and Recreation Programs

Summary

Title 10, §2491

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Citations & Metadata