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Title 6 — Domestic SecurityRelease 119-73

§103a Department of Homeland Security Nonrecurring Expenses Fund

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › § 103a

Last updated Apr 6, 2026|Official source

Summary

Creates a Treasury account called the Department of Homeland Security Nonrecurring Expenses Fund. Unused, expired discretionary money that was given to DHS from the federal General Fund can be moved into this account, but only within five fiscal years after those funds stopped being available. Money in the account stays available until spent and can be used for IT modernization and facility infrastructure needed to run DHS, with Office of Management and Budget approval. The money can’t be allocated for a fiscal year until after the law that provides DHS full-year appropriations for that year is enacted, and the House and Senate Appropriations Committees must get at least 15 days’ notice before planned use.

Full Legal Text

Title 6, §103a

Domestic Security — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

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.

Amendments

2024—Subsecs. (d), (e). Pub. L. 118–47 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 Amendment Pub. L. 118–47, 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. 117–103, 6 U.S.C. 103a] on or after the date of enactment of this Act [Mar. 23, 2024].”

Reference

Citations & Metadata

Citation

6 U.S.C. § 103a

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73