6 U.S.C. § 189 : US Code - Section 189: Utilization of Department of Energy national laboratories and sites in support of homeland security activities

Search 6 U.S.C. § 189 : US Code - Section 189: Utilization of Department of Energy national laboratories and sites in support of homeland security activities

(a) Authority to utilize national laboratories and sites
(1) In general
In carrying out the missions of the Department, the Secretary
may utilize the Department of Energy national laboratories and
sites through any 1 or more of the following methods, as the
Secretary considers appropriate:
(A) A joint sponsorship arrangement referred to in subsection
(b) of this section.
(B) A direct contract between the Department and the
applicable Department of Energy laboratory or site, subject to
subsection (c) of this section.
(C) Any "work for others" basis made available by that
laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and performance by labs and sites
Notwithstanding any other law governing the administration,
mission, use, or operations of any of the Department of Energy
national laboratories and sites, such laboratories and sites are
authorized to accept and perform work for the Secretary,
consistent with resources provided, and perform such work on an
equal basis to other missions at the laboratory and not on a
noninterference basis with other missions of such laboratory or
site.
(b) Joint sponsorship arrangements
(1) Laboratories
The Department may be a joint sponsor, under a multiple agency
sponsorship arrangement with the Department of Energy, of 1 or
more Department of Energy national laboratories in the
performance of work.
(2) Sites
The Department may be a joint sponsor of a Department of Energy
site in the performance of work as if such site were a federally
funded research and development center and the work were
performed under a multiple agency sponsorship arrangement with
the Department.
(3) Primary sponsor
The Department of Energy shall be the primary sponsor under a
multiple agency sponsorship arrangement referred to in paragraph
(1) or (2).
(4) Lead agent
The Secretary of Energy shall act as the lead agent in
coordinating the formation and performance of a joint sponsorship
arrangement under this subsection between the Department and a
Department of Energy national laboratory or site.
(5) Federal acquisition regulation
Any work performed by a Department of Energy national
laboratory or site under a joint sponsorship arrangement under
this subsection shall comply with the policy on the use of
federally funded research and development centers under the
Federal Acquisition Regulations.
(6) Funding
The Department shall provide funds for work at the Department
of Energy national laboratories or sites, as the case may be,
under a joint sponsorship arrangement under this subsection under
the same terms and conditions as apply to the primary sponsor of
such national laboratory under section 253(b)(1)(C) of title 41
or of such site to the extent such section applies to such site
as a federally funded research and development center by reason
of this subsection.
(c) Separate contracting
To the extent that programs or activities transferred by this
chapter from the Department of Energy to the Department of Homeland
Security are being carried out through direct contracts with the
operator of a national laboratory or site of the Department of
Energy, the Secretary of Homeland Security and the Secretary of
Energy shall ensure that direct contracts for such programs and
activities between the Department of Homeland Security and such
operator are separate from the direct contracts of the Department
of Energy with such operator.
(d) Authority with respect to cooperative research and development
agreements and licensing agreements
In connection with any utilization of the Department of Energy
national laboratories and sites under this section, the Secretary
may permit the director of any such national laboratory or site to
enter into cooperative research and development agreements or to
negotiate licensing agreements with any person, any agency or
instrumentality, of the United States, any unit of State or local
government, and any other entity under the authority granted by
section 3710a of title 15. Technology may be transferred to a non-
Federal party to such an agreement consistent with the provisions
of sections 3710 and 3710a of title 15.
(e) Reimbursement of costs
In the case of an activity carried out by the operator of a
Department of Energy national laboratory or site in connection with
any utilization of such laboratory or site under this section, the
Department of Homeland Security shall reimburse the Department of
Energy for costs of such activity through a method under which the
Secretary of Energy waives any requirement for the Department of
Homeland Security to pay administrative charges or personnel costs
of the Department of Energy or its contractors in excess of the
amount that the Secretary of Energy pays for an activity carried
out by such contractor and paid for by the Department of Energy.
(f) Laboratory directed research and development by the Department
of Energy
No funds authorized to be appropriated or otherwise made
available to the Department in any fiscal year may be obligated or
expended for laboratory directed research and development
activities carried out by the Department of Energy unless such
activities support the missions of the Department of Homeland
Security.
(g) Office for National Laboratories
There is established within the Directorate of Science and
Technology an Office for National Laboratories, which shall be
responsible for the coordination and utilization of the Department
of Energy national laboratories and sites under this section in a
manner to create a networked laboratory system for the purpose of
supporting the missions of the Department.
(h) Department of Energy coordination on homeland security related
research
The Secretary of Energy shall ensure that any research,
development, test, and evaluation activities conducted within the
Department of Energy that are directly or indirectly related to
homeland security are fully coordinated with the Secretary to
minimize duplication of effort and maximize the effective
application of Federal budget resources.