Title 50 — War and National Defense
Chapter 41 — National Nuclear Security Administration
§ 2481. Functions transferred
Statutory text
Transfers
There are hereby transferred to the Administrator all national security functions and activities performed immediately before , by the following elements of the Department of Energy:
The Office of Defense Programs.
The Office of Nonproliferation and National Security.
The Office of Fissile Materials Disposition.
The nuclear weapons production facilities.
The national security laboratories.
The Office of Naval Reactors.
Authority to transfer additional functions
The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
Environmental remediation and waste management activities
In the case of any environmental remediation and waste management activity of any element of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.
Transfer of funds
Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall—
be credited to any applicable appropriation account of the Administration; or
be credited to a new account that may be established on the books of the Department of the Treasury;
and shall be merged with the funds already credited to that account and accounted for as one fund.
Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.
Personnel
With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration.
The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.
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.
Pub. L. 106–65 div. C title XXXII § 3291 · 113 Stat. 512
Enacted · 50 U.S.C. § 2481
Pub. L. 106–65, div. C, title XXXII, § 3291, Oct. 5, 1999, 113 Stat. 968
Source evidence
Code source credit
Pub. L. 106–65, div. C, title XXXII, § 3291, Oct. 5, 1999, 113 Stat. 968Enacted provision · exact public law section
SEC. 3291. FUNCTIONS TRANSFERRED. (a) Transfers.— There are hereby transferred to the Administrator all national security functions and activities performed immediately before the date of the enactment of this Act by the following elements of the Department of Energy: (1) The Office of Defense Programs. (2) The Office of Nonproliferation and National Security. (3) The Office of Fissile Materials Disposition. (4) The nuclear weapons production facilities. (5) The national security laboratories. (6) The Office of Naval Reactors. (b) Authority to Transfer Additional Functions.— The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration. (c) Environmental Remediation and Waste Management Activities.— In the case of any environmental remediation and waste management activity of any element specified in subsection (a), the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 3132(b)(1)(A) · 126 Stat. 1632
Substituted · 50 U.S.C. § 2481(c)
Pub. L. 112–239, § 3132(b)(1)(A), substituted “of the Administration” for “specified in subsection (a)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–239, § 3132(b)(1)(A), substituted “of the Administration” for “specified in subsection (a)”.Enacted provision · exact public law section
(A) in subsection (c), by striking “specified in subsection (a)” and inserting “of the Administration”; andNational Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 3132(b)(1)(B) · 126 Stat. 1632
Added · 50 U.S.C. § 2481(d)
Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (d).Enacted provision · exact public law section
(B) by adding at the end the following new subsections: “(d) Transfer of Funds.— (1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall— “(A) be credited to any applicable appropriation account of the Administration; or “(B) be credited to a new account that may be established on the books of the Department of the Treasury; and shall be merged with the funds already credited to that account and accounted for as one fund. “(2) Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred. “(e) Personnel.— (1) With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration. “(2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.” .National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 3132(b)(1)(B) · 126 Stat. 1632
Added · 50 U.S.C. § 2481(e)
Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (e).Enacted provision · exact public law section
(B) by adding at the end the following new subsections: “(d) Transfer of Funds.— (1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall— “(A) be credited to any applicable appropriation account of the Administration; or “(B) be credited to a new account that may be established on the books of the Department of the Treasury; and shall be merged with the funds already credited to that account and accounted for as one fund. “(2) Balances of appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred. “(e) Personnel.— (1) With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration. “(2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.” .National Defense Authorization Act for Fiscal Year 2014
Pub. L. 113–66 div. C title XXXI § 3145(j) · 127 Stat. 672
Changed · 50 U.S.C. § 2481(d)(1)
Pub. L. 113–66 realigned margins of concluding provisions
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 113–66 realigned margins of concluding provisions.Enacted provision · exact public law section
(j) Functions Transferred.— Section 3291(d)(1) of such Act (50 U.S.C. 2481(d)(1)) is amended by moving the flush text after subparagraph (B) 2 ems to the left.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments
2013—Subsec. (c). Pub. L. 112–239, § 3132(b)(1)(A), substituted “of the Administration” for “specified in subsection (a)”.
Subsec. (d). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (d).
Subsec. (d)(1). Pub. L. 113–66 realigned margins of concluding provisions.
Subsec. (e). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
Construction
Pub. L. 112–239, div. C, title XXXI, § 3132(b)(3), , 126 Stat. 2186, provided that: “Nothing in section 3291 of the National Nuclear Security Administration Act (50 U.S.C. 2481), as amended by paragraph (1), may be construed to affect any function or activity transferred by the Secretary of Energy to the Administrator for Nuclear Security before the date of the enactment of this Act [].”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.