Title 6 — Domestic Security
Chapter 1 — Homeland Security Organization
§ 103a. Department of Homeland Security Nonrecurring Expenses Fund
Statutory text
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).
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.
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.
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).
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022
Pub. L. 117–103 div. F title V § 538 · 136 Stat. 49
Enacted · 6 U.S.C. § 103a
Pub. L. 117–103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343
Source evidence
Code source credit
Pub. L. 117–103, div. F, title V, § 538, Mar. 15, 2022, 136 Stat. 343Enacted provision · exact public law section
Sec. 538. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.Effective date note
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].”Pub. L. 118–47 div. C title V § 539(a) · 138 Stat. 623
Added · 6 U.S.C. § 103a(d); 6 U.S.C. § 103a(e)
Pub. L. 118–47 added subsecs. (d) and (e)
Struck · 6 U.S.C. § 103a(d); 6 U.S.C. § 103a(e)
Pub. L. 118–47 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.”
Unresolved: Pub. L. 118–47 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.”Effective date note
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].”
1 of 3 references resolved to an enrolled provision · 2 unresolved
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), , 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 [].”
Credits
2022–2024 · 2 acts
- 2022Pub. L. 117–103, div. F, title V, § 538, , 136 Stat. 343
- 2024Pub. L. 118–47, div. C, title V, § 539(a), , 138 Stat. 623.
Show as published
(Pub. L. 117–103, div. F, title V, § 538, , 136 Stat. 343; Pub. L. 118–47, div. C, title V, § 539(a), , 138 Stat. 623.)