10 U.S. Code § 188 - Interagency Council on the Strategic Capability of the National Laboratories
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(a) Establishment.— There is an Interagency Council on the Strategic Capability of the National Laboratories (in this section referred to as the “Council”).
(b) Membership.— The membership of the Council is comprised of the following:
(c) Structure and Procedures.— The President may determine the chair, structure, staff, and procedures of the Council.
(d) Responsibilities.— The Council shall be responsible for the following matters:
(1) Identifying and considering the science, technology, and engineering capabilities of the national laboratories that could be leveraged by each participating agency to support national security missions.
(2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national laboratories for supporting national security missions throughout the Federal Government.
(3) Establishing and overseeing means of ensuring that—
(A) capabilities identified by the Council under paragraph (1) are sustained to an appropriate level; and
(4) In accordance with acquisition rules regarding federally funded research and development centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, including the identification of appropriate mission areas and capabilities.
(5) Making recommendations to the President and Congress regarding regulatory or statutory changes needed to better support—
(e) Streamlined Process.— With respect to the participating agency for which a member of the Council is the head of, each member of the Council shall—
(1) establish processes to streamline the consideration and approval of procuring the services of the national laboratories on appropriate matters; and
(f) Definitions.— In this section:
(1) The term “participating agency” means a department or agency of the Federal Government that is represented on the Council by a member under subsection (b).
Source(Added Pub. L. 112–239, div. A, title X, § 1040(a),Jan. 2, 2013, 126 Stat. 1928.)
Pub. L. 112–239, div. A, title X, § 1040(d),Jan. 2, 2013, 126 Stat. 1931, provided that: “Nothing in section 188 of title 10, United States Code, as added by subsection (a), shall be construed to limit section 309 of the Homeland Security Act of 2002 (6 U.S.C. 189).”
“(1) In general.—Not later than September 30, 2013, the Interagency Council on the Strategic Capability of the National Laboratories established under section 188 of title 10, United States Code, as added by subsection (a), shall submit to the appropriate congressional committees a report describing and assessing the following:
“(A) The actions taken to implement the requirements of such section 188 and the charter titled ‘Governance Charter for an Interagency Council on the Strategic Capability of DOE National Laboratories as National Security Assets’ signed by the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence in July 2010.
“(B) The effectiveness of the Council in accomplishing the purpose and objectives of such section and such Charter.
“(C) Efforts to strengthen work-for-others programs at the national laboratories.
“(D) Efforts to make work-for-others opportunities at the national laboratories more cost-effective.
“(E) Ongoing and planned measures for increasing cost-sharing and institutional support investments at the national laboratories from other agencies.
“(F) Any regulatory or statutory changes recommended to improve the ability of such other agencies to leverage expertise and capabilities at the national laboratories.
“(G) The strategic capabilities and core competencies of laboratories and engineering centers operated by the Department of Defense, including identification of mission areas and functions that should be carried out by such laboratories and engineering centers.
“(H) Consistent with the protection of sources and methods, the level of funding and general description of programs that were funded during fiscal year 2012 by—
“(i) the Department of Defense and carried out at the national laboratories; and
“(ii) the Department of Energy and the national laboratories and carried out at the laboratories and engineering centers of the Department of Defense.
“(2) Form.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(3) Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means the following:
“(A) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
“(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
“(C) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
“(D) The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(E) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
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