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
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.
Full Legal Text
Armed Forces, Source: USLM XML via OLRC
Legislative History
Reference
Citation
10 U.S.C. § 2491
Title 10, Armed Forces
Last Updated
Sep 22, 2026
Release point: 119-110