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10 U.S.C. § 2491 — Uniform funding and management of morale, welfare, and recreation programs
Federal law — U.S. Code and appendices · legal_authorities
**(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 serv
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Source file: Laws/federal/codes/united-states-code/title-10/section-2491-uniform-funding-and-management-of-morale-welfare-and-recreation-programs--6b66b5de9e.md
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Source location: Title 10, Chapter 147, § 2491; chapter-147-commissaries-and-exchanges-and-other-morale-welfare-and-recreation-activities.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In this subpart:
(1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.
(2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.
(3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications.
(4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.
(5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency.
(6) The term “critical technology” means a technology that is—
(A) a national critical technology; or
(B) a defense critical technology.
(7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
Appropriations for the Department of Defense may be used to provide utility services for—
(1) buildings on military installations authorized by regulation to be used for morale, welfare, and recreation purposes; and
(2) other morale, welfare, and recreation activities for members of the armed forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2494
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** As provided in [section 2481(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2481/a&num=0&edition=prelim), commissary stores are intended to be similar to commercial grocery stores and may sell merchandise similar to that sold in commercial grocery stores.
**(b) Authorized Commissary Merchandise Categories.—** Merchandise sold in, at, or by commissary stores may include items in the following categories:
(1) Meat, poultry, seafood, and fresh-water fish.
(2) Nonalcoholic beverages.
(3) Produce.
(4) Grocery food, whether stored chilled, frozen, or at room temperature.
(5) Dairy products.
(6) Bakery and delicatessen items.
(7) Nonfood grocery items.
(8) Tobacco products.
(9) Health and beauty aids.
(10) Magazines and periodicals.
**(c) Inclusion of Other Merchandise Items.—**
(1) The Secretary of Defense may authorize the sale in, at, or by commissary stores of merchandise not covered by a category specified in subsection (b). The Secretary shall notify Congress of all merchandise authorized for sale pursuant to this paragraph, as well as the removal of any such authorization.
(2) Notwithstanding paragraph (1), the Department of Defense military resale system shall continue to maintain the exclusive right to operate convenience stores, shopettes, and troop stores, including such stores established to support contingency operations.
(3)
(A) A military exchange shall be the vendor for the sale of tobacco products in commissary stores and may be the vendor for such merchandise as may be authorized for sale in commissary stores under paragraph (1). Except as provided in subparagraph (B), subsections (d) and (e) shall not apply to the pricing of such an item when a military exchange serves as t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2484
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Federal law — U.S. Code and appendices · legal_authorities
Page 1974
TITLE 10—ARMED FORCES
§ 2491
Congress of any change proposed or made to any of the
host nation laws or any of the treaty obligations of the
United States, and any changed conditions within host
nations, if the change would necessitate the use of
quantity or other restrictions on purchases in com-
missary and exchange stores located outside the United
States.’’
1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘October
17, 1998’’ for ‘‘the date of the enactment of this sec-
tion’’.
SUBCHAPTER III—MORALE, WELFARE, AND
RECREATION
PROGRAMS
AND
NON-
APPROPRIATED
FUND
INSTRUMENTAL-
ITIES
Sec.
2491.
Uniform funding and management of morale,
welfare, and recreation programs.
2491a.
Department of Defense golf courses: limita-
tion on use of appropriated funds.
2491b.
Use of appropriated funds for operation of
Armed Forces Recreation Center, Europe:
limitation.
2491c.
Retention of morale, welfare, and recreation
funds by military installations: limitation.
2492.
Nonappropriated fund instrumentalities: con-
tracts with other agencies and instrumen-
talities to provide and obtain goods and
services.
2492a.
Limitation on Department of Defense entities
competing with private sector in offering
personal information services.
2493.
Fisher
Houses:
administration
as
non-
appropriated fund instrumentality.
2494.
Nonappropriated fund instrumentalities: fur-
nishing utility services for morale, welfare,
and recreation purposes.
2495.
Nonappropriated fund instrumentalities: pur-
chase of alcoholic beverages.
2495a.
Overseas package stores: treatment of United
States wines.
2495b.
Sale or rental of sexually explicit material
prohibited.
2496.
Sale of certain goods from the Xinjiang
Uyghur Autonomous Region prohibited.
Editorial Notes
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2491
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