---
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"
date: "2026-07-12"
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](/usc/10/4951.md?p=3) of Defense, funds appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense and available for morale, welfare, and recreation [programs](/usc/10/2101.md?p=1) 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](/usc/10/2101.md?p=1) 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](/usc/10/101.md?p=a-6) of Defense may be made available to support a morale, welfare, or recreation [program](/usc/10/2101.md?p=1) only if the [program](/usc/10/2101.md?p=1) is authorized to receive appropriated fund support and only in the amounts the [program](/usc/10/2101.md?p=1) is authorized to receive.
- (c) **Conversion of Employment Positions.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may identify positions of employees in morale, welfare, and recreation [programs](/usc/10/2101.md?p=1) within the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/4951.md?p=3) 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. 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](/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.