6 U.S.C. § 189 — Utilization of Department of Energy na-

Page 72 TITLE 6—DOMESTIC SECURITY § 189 1 So in original. There is no par. (2). title 48, Code of Federal Regulations, or any successor thereto. (3) 1 Waivers (A) In general Subject to subparagraph (B), in individual cases, the requirements under section 204 of title 35 may be waived by the Secretary upon a showing by the small business firm, non- profit organization, or assignee that reason- able but unsuccessful efforts have been made to grant licenses on similar terms to poten- tial licensees that would be likely to manu- facture substantially in the United States or that under the circumstances domestic man- ufacture is not commercially feasible. (B) Conditions on waivers granted by De- partment (i) Before grant of waiver Before granting a waiver under subpara- graph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of Public Law 117–58). (ii) Prohibition on granting certain waivers The Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the ap- plicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substan- tially in a country of concern. (Pub. L. 107–296, title III, § 308, Nov. 25, 2002, 116 Stat. 2170; Pub. L. 108–7, div. L, § 101(1), Feb. 20, 2003, 117 Stat. 526; Pub. L. 117–263, div. G, title LXXI, § 7114, Dec. 23, 2022, 136 Stat. 3633.) Editorial Notes REFERENCES IN TEXT The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by Pub. L. 107–296, which was approved Nov. 25, 2002. Section 70923(b)(2) of the Build America, Buy America Act, referred to in subsec. (d)(3)(B)(i), is section 70923(b)(2) of Pub. L. 117–58, div. G, title IX, Nov. 15, 2021, 135 Stat. 1306, which is not classified to the Code. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–263 added subsec. (d). 2003—Subsecs. (a) to (c)(1). Pub. L. 108–7 added sub- secs. (a) to (c)(1) and struck out former subsecs. (a) to (c)(1) which related to the responsibilities of the Sec- retary, acting through the Under Secretary for Science and Technology, to carry out the responsibilities under section 182(4) of this title through both extramural and intramural programs, to operate extramural research, development, demonstration, testing, and evaluation programs, to establish a coordinated, university-based system to enhance the Nation’s homeland security, and to draw upon the expertise of any laboratory of the Federal Government. § 189. Utilization of Department of Energy na- tional 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 Depart- ment, the Secretary may utilize the Depart- ment of Energy national laboratories and sites through any 1 or more of the following meth- ods, as the Secretary considers appropriate: (A) A joint sponsorship arrangement re- ferred to in subsection (b). (B) A direct contract between the Depart- ment and the applicable Department of En- ergy laboratory or site, subject to subsection (c). (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 oper- ations of any of the Department of Energy na- tional laboratories and sites, such laboratories and sites are authorized to accept and perform work for the Secretary, consistent with re- sources 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 arrange- ment with the Department of Energy, of 1 or more Department of Energy national labora- tories 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 spon- sorship arrangement with the Department. (3) Primary sponsor The Department of Energy shall be the pri- mary sponsor under a multiple agency spon- sorship 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 arrange- ment under this subsection between the De- partment and a Department of Energy na- tional laboratory or site. (5) Federal Acquisition Regulation Any work performed by a Department of En- ergy national laboratory or site under a joint sponsorship arrangement under this sub- section shall comply with the policy on the use of federally funded research and develop- ment centers under the Federal Acquisition Regulations. Page 73 TITLE 6—DOMESTIC SECURITY § 189 (6) Funding The Department shall provide funds for work at the Department of Energy national labora- tories or sites, as the case may be, under a joint sponsorship arrangement under this sub- section under the same terms and conditions as apply to the primary sponsor of such na- tional laboratory under section 3303(a)(1)(C) of title 41 or of such site to the extent such sec- tion 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 Depart- ment of Energy to the Department of Homeland Security are being carried out through direct contracts with the operator of a national labora- tory or site of the Department of Energy, the Secretary of Homeland Security and the Sec- retary of Energy shall ensure that direct con- tracts 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 re- search and development agreements and li- censing agreements In connection with any utilization of the De- partment of Energy national laboratories and sites under this section, the Secretary may per- mit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licens- ing agreements with any person, any agency or instrumentality, of the United States, any unit of State or local government, and any other en- tity 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 utili- zation of such laboratory or site under this sec- tion, 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 re- quirement for the Department of Homeland Se- curity to pay administrative charges or per- sonnel 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 De- partment of Energy. (f) Laboratory directed research and develop- ment by the Department of Energy No funds authorized to be appropriated or oth- erwise made available to the Department in any fiscal year may be obligated or expended for lab- oratory directed research and development ac- tivities carried out by the Department of En- ergy 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 home- land security related research The Secretary of Energy shall ensure that any research, development, test, and evaluation ac- tivities conducted within the Department of En- ergy 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 Fed- eral budget resources. (Pub. L. 107–296, title III, § 309, Nov. 25, 2002, 116 Stat. 2172.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. CODIFICATION In subsec. (b)(6), ‘‘section 3303(a)(1)(C) of title 41’’ sub- stituted for ‘‘section 303(b)(1)(C) of the Federal Prop- erty and Administrative Services Act of 1949 (41 U.S.C. 253(b)(1)(C))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Statutory Notes and Related Subsidiaries SECURING ENERGY INFRASTRUCTURE Pub. L. 116–92, div. E, title LVII, § 5726, Dec. 20, 2019, 133 Stat. 2179, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives]; ‘‘(B) the Committee on Homeland Security and Governmental Affairs and the Committee on En- ergy and Natural Resources of the Senate; and ‘‘(C) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives. ‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means an entity identified pursuant to section 9(a) of Executive Order No. 13636 of February 12, 2013 (78 Fed. Reg. 11742) [6 U.S.C. 121 note], relating to identifica- tion of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic re- gional or national effects on public health or safety, economic security, or national security. ‘‘(3) EXPLOIT.—The term ‘exploit’ means a software tool designed to take advantage of a security vulner- ability. ‘‘(4) INDUSTRIAL CONTROL SYSTEM.—The term ‘indus- trial control system’ means an operational tech- nology used to measure, control, or manage indus- trial functions, and includes supervisory control and Page 74 TITLE 6—DOMESTIC SECURITY § 190 data acquisition systems, distributed control sys- tems, and programmable logic or embedded control- lers. ‘‘(5) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in sec- tion 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). ‘‘(6) PROGRAM.—The term ‘Program’ means the pilot program established under subsection (b). ‘‘(7) SECRETARY.—Except as otherwise specifically provided, the term ‘Secretary’ means the Secretary of Energy. ‘‘(8) SECURITY VULNERABILITY.—The term ‘security vulnerability’ means any attribute of hardware, soft- ware, process, or procedure that could enable or fa- cilitate the defeat of a security control. ‘‘(b) PILOT PROGRAM FOR SECURING ENERGY INFRA- STRUCTURE.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall establish a 2-year control systems implementa- tion pilot program within the National Laboratories for the purposes of— ‘‘(1) partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and ‘‘(2) evaluating technology and standards, in part- nership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most crit- ical systems of the covered entities, including— ‘‘(A) analog and nondigital control systems; ‘‘(B) purpose-built control systems; and ‘‘(C) physical controls. ‘‘(c) WORKING GROUP TO EVALUATE PROGRAM STAND- ARDS AND DEVELOP STRATEGY.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a working group— ‘‘(A) to evaluate the technology and standards used in the Program under subsection (b)(2); and ‘‘(B) to develop a national cyber-informed engi- neering strategy to isolate and defend covered enti- ties from security vulnerabilities and exploits in the most critical systems of the covered entities. ‘‘(2) MEMBERSHIP.—The working group established under paragraph (1) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following: ‘‘(A) The Department of Energy. ‘‘(B) The energy industry, including electric utili- ties and manufacturers recommended by the En- ergy Sector coordinating councils. ‘‘(C)(i) The Department of Homeland Security; or ‘‘(ii) the Industrial Control Systems Cyber Emer- gency Response Team. ‘‘(D) The North American Electric Reliability Corporation. ‘‘(E) The Nuclear Regulatory Commission. ‘‘(F)(i) The Office of the Director of National In- telligence; or ‘‘(ii) the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). ‘‘(G)(i) The Department of Defense; or ‘‘(ii) the Assistant Secretary of Defense for Home- land Security and America’s Security Affairs. ‘‘(H) A State or regional energy agency. ‘‘(I) A national research body or academic institu- tion. ‘‘(J) The National Laboratories. ‘‘(d) REPORTS ON THE PROGRAM.— ‘‘(1) INTERIM REPORT.—Not later than 180 days after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appro- priate congressional committees an interim report that— ‘‘(A) describes the results of the Program; ‘‘(B) includes an analysis of the feasibility of each method studied under the Program; and ‘‘(C) describes the results of the evaluations con- ducted by the working group established under sub- section (c)(1). ‘‘(2) FINAL REPORT.—Not later than 2 years after the date on which funds are first disbursed under the Pro- gram, the Secretary shall submit to the appropriate congressional committees a final report that— ‘‘(A) describes the results of the Program; ‘‘(B) includes an analysis of the feasibility of each method studied under the Program; and ‘‘(C) describes the results of the evaluations con- ducted by the working group established under sub- section (c)(1). ‘‘(e) EXEMPTION FROM DISCLOSURE.—Information shared by or with the Federal Government or a State, Tribal, or local government under this section— ‘‘(1) shall be deemed to be voluntarily shared infor- mation; ‘‘(2) shall be exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records; and ‘‘(3) shall be withheld from the public, without dis- cretion, under section 552(b)(3) of title 5, United States Code, and any provision of any State, Tribal, or local law requiring the disclosure of information or records. ‘‘(f) PROTECTION FROM LIABILITY.— ‘‘(1) IN GENERAL.—A cause of action against a cov- ered entity for engaging in the voluntary activities authorized under subsection (b)— ‘‘(A) shall not lie or be maintained in any court; and ‘‘(B) shall be promptly dismissed by the applica- ble court. ‘‘(2) VOLUNTARY ACTIVITIES.—Nothing in this sec- tion subjects any covered entity to liability for not engaging in the voluntary activities authorized under subsection (b). ‘‘(g) NO NEW REGULATORY AUTHORITY FOR FEDERAL AGENCIES.—Nothing in this section authorizes the Sec- retary or the head of any other department or agency of the Federal Government to issue new regulations. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) PILOT PROGRAM.—There is authorized to be ap- propriated $10,000,000 to carry out subsection (b). ‘‘(2) WORKING GROUP AND REPORT.—There is author- ized to be appropriated $1,500,000 to carry out sub- sections (c) and (d). ‘‘(3) AVAILABILITY.—Amounts made available under paragraphs (1) and (2) shall remain available until ex- pended.’’ § 190. Transfer of Plum Island Animal Disease Center, Department of Agriculture (a) In general In accordance with subchapter XII, the Sec- retary of Agriculture shall transfer to the Sec- retary of Homeland Security the Plum Island Animal Disease Center of the Department of Ag- riculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture access On completion of the transfer of the Plum Is- land Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Ag- riculture is able to carry out research, diag- nostic, and other activities of the Department of Agriculture at the Center. (c) Direction of activities The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activi-