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LegalText 6 U.S.C. § 103a Department of Homeland Security Nonrecurring Expenses Fund us united_states_code code_section 6 DOMESTIC SECURITY 1 HOMELAND SECURITY ORGANIZATION 103a 6 U.S.C. § 103a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc06@119-100.zip /us/usc/t6/s103a data/legal/raw/us/code/title-06/usc06.xml 4033fa9901f30108ba9c46871b5f4666d847851385812a97da518a03e1fc5394 a286ebc069cd8c7d317b4084d217abe94cd2a3642b1a3e409a909d1e92452161 c7ac183c20a8659d4a6402e559e04161d59e30512d8f61c22a3c05c320e02942 2026-07-04 official
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6 U.S.C. § 103a - Department of Homeland Security Nonrecurring Expenses Fund

Text

(a) Establishment There is hereby established in the Treasury of the United States a fund to be known as the “Department of Homeland Security Nonrecurring Expenses Fund” (the Fund).

(b) Transfer of unobligated balances of expired discretionary funds Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund.

(c) Availability of funds Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget.

(d) Limitation on apportionment or allotment of funds Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e).

(e) Notification of planned use of funds The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.

(Pub. L. 117103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343; Pub. L. 11847, div. C, title V, § 539(a), Mar. 23, 2024, 138 Stat. 623.)

Notes

Editorial Notes

Codification Section was enacted as part of the Department of Homeland Security Appropriations Act, 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments2024—Subsecs. (d), (e). Pub. L. 11847 added subsecs. (d) and (e) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.”

Statutory Notes and Related Subsidiaries

Effective Date of 2024 AmendmentPub. L. 11847, div. C, title V, § 539(b), Mar. 23, 2024, 138 Stat. 624, provided that: “The amendments made by this section [amending this section] shall apply to amounts transferred under such section 538 [of Pub. L. 117103, 6 U.S.C. 103a] on or after the date of enactment of this Act [Mar. 23, 2024].”