### §2481. Functions transferred

#### (a) Transfers

There are hereby transferred to the Administrator all national security functions and activities performed immediately before October 5, 1999, 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 of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.

#### (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.

(Pub. L. 106–65, div. C, title XXXII, §3291, Oct. 5, 1999, 113 Stat. 968; Pub. L. 112–239, div. C, title XXXI, §3132(b)(1), Jan. 2, 2013, 126 Stat. 2185; Pub. L. 113–66, div. C, title XXXI, §3145(j), Dec. 26, 2013, 127 Stat. 1072.)

#### **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 Mar. 1, 2000, 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), Jan. 2, 2013, 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 [Jan. 2, 2013]."

#### 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.