§2491 — Title 10 Armed Forces | U.S. Code

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

Title 10 › Subtitle 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 Apr 3, 2026|Official source

Summary

The Secretary of Defense may make rules that let money Congress gives the Department of Defense for morale, welfare, and recreation (MWR) be treated and spent like nonappropriated funds. When used this way, that money counts as nonappropriated funds for all purposes and stays available until spent. Appropriated money can only support MWR programs that are authorized to receive it, and only up to the amount they are allowed. The Secretary can identify MWR jobs paid with appropriated money and offer to convert them to nonappropriated-fund jobs. The employee must agree; if they refuse, they cannot be removed for that reason. Conversion keeps the employee’s service continuous, but it does not give severance pay, back pay, or separation pay under subchapter IX of chapter 55 of title 5, and is not treated as an involuntary separation or other adverse action. "Employee of a nonappropriated fund instrumentality" means the type of employee listed in section 2105(c) of title 5.

Title 10, §2491

Armed Forces — Source: USLM XML via OLRC

(a)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)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)(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

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