---
kind: "section"
citation: "10 U.S.C. § 2491"
title: "10"
title_heading: "Armed Forces"
number: "2491"
heading: "Uniform funding and management of morale, welfare, and recreation programs"
release: "119-102"
url: "https://uscodex.org/usc/10/2491"
units:
  - "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. Uniform funding and management of morale, welfare, and recreation programs

- (a) **Authority for Uniform Funding and Management.—** Under regulations prescribed by the Secretary of Defense, [funds](/usc/10/2871.md?p=6) appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense and available for morale, welfare, and recreation programs may be treated as nonappropriated [funds](/usc/10/2871.md?p=6) and expended in accordance with laws applicable to the expenditures of nonappropriated [funds](/usc/10/2871.md?p=6). When made available for morale, welfare, and recreation programs under such regulations, appropriated [funds](/usc/10/2871.md?p=6) shall be considered to be nonappropriated [funds](/usc/10/2871.md?p=6) for all purposes and shall remain available until expended.
- (b) **Conditions on Availability.—** [Funds](/usc/10/2871.md?p=6) appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense may be made available to support a morale, welfare, or recreation program only if the program is authorized to receive appropriated [fund](/usc/10/2871.md?p=6) 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](/usc/10/101.md?p=a-6) of Defense who are paid with appropriated [funds](/usc/10/2871.md?p=6) whose status may be converted from the status of an employee paid with appropriated [funds](/usc/10/2871.md?p=6) to the status of [an employee of a nonappropriated fund instrumentality](#c-4).
  - (2) The status of an employee in a position identified by the Secretary under [paragraph (1)](#c-1) may, with the consent of the employee, be converted to the status of [an employee of a nonappropriated fund instrumentality](#c-4). 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](/usc/10/2871.md?p=6) to the status of [an employee of a nonappropriated fund instrumentality](#c-4) shall be without a break in service for the concerned employee. The conversion shall not entitle an employee to severance [pay](/usc/10/101.md?p=a-15), back [pay](/usc/10/101.md?p=a-15) or separation [pay](/usc/10/101.md?p=a-15) under subchapter IX of [chapter 55](/usc/5/chptIII-sptD-ch55.md) 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](/usc/5/2105.md?p=c).

## Source credit

(Added Pub. L. 107–314, div. A, title III, § 323(a), Dec. 2, 2002, 116 Stat. 2510, § 2494; renumbered § 2491, Pub. L. 108–375, div. A, title VI, § 651(c)(2), Oct. 28, 2004, 118 Stat. 1972.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 2491 was renumbered section 4801 of this title.

### Amendments

2004—Pub. L. 108–375 renumbered section 2494 of this title as this section.