10 U.S.C. § 187 — Untitled legal text

Page 284 TITLE 10—ARMED FORCES [§ 187 [§ 187. Repealed. Pub. L. 117–263, div. A, title XIV, § 1411(a), Dec. 23, 2022, 136 Stat. 2869] Section, added Pub. L. 109–364, div. A, title VIII, § 843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, § 829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, § 901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, § 1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, § 1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Mate- rials Protection Board. See section 98h–1 of Title 50, War and National Defense. § 188. Interagency Council on the Strategic Capa- bility of the National Laboratories (a) ESTABLISHMENT.—There is an Interagency Council on the Strategic Capability of the Na- tional Laboratories (in this section referred to as the ‘‘Council’’). (b) MEMBERSHIP.—The membership of the Council is comprised of the following: (1) The Secretary of Defense. (2) The Secretary of Energy. (3) The Secretary of Homeland Security. (4) The Director of National Intelligence. (5) The Administrator for Nuclear Security. (6) Such other officials as the President con- siders appropriate. (c) STRUCTURE AND PROCEDURES.—The Presi- dent may determine the chair, structure, staff, and procedures of the Council. (d) RESPONSIBILITIES.—The Council shall be re- sponsible 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 na- tional security missions. (2) Reviewing and assessing the adequacy of the national security science, technology, and engineering capabilities of the national lab- oratories for supporting national security mis- sions throughout the Federal Government. (3) Establishing and overseeing means of en- suring that— (A) capabilities identified by the Council under paragraph (1) are sustained to an ap- propriate level; and (B) each participating agency provides the appropriate level of institutional support to sustain such capabilities. (4) In accordance with acquisition rules re- garding federally funded research and develop- ment centers, establishing criteria for when each participating agency should seek to use the services of the national laboratories, in- cluding the identification of appropriate mis- sion areas and capabilities. (5) Making recommendations to the Presi- dent and Congress regarding regulatory or statutory changes needed to better support— (A) the strategic capabilities of the na- tional laboratories; and (B) the use of such laboratories by each participating agency. (6) Other actions the Council considers ap- propriate with respect to— (A) the sustainment of the national lab- oratories; and (B) the use of the strategic capabilities of such laboratories. (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 con- sideration and approval of procuring the serv- ices of the national laboratories on appro- priate matters; and (2) ensure that such processes are used in ac- cordance with the criteria established under subsection (d)(4). (f) DEFINITIONS.—In this section: (1) The term ‘‘participating agency’’ means a department or agency of the Federal Govern- ment that is represented on the Council by a member under subsection (b). (2) The term ‘‘national laboratories’’ means— (A) each national security laboratory (as defined in section 3281(1) of the National Nu- clear Security Administration Act (50 U.S.C. 2471(1))); and (B) each national laboratory of the Depart- ment of Energy. (Added Pub. L. 112–239, div. A, title X, § 1040(a), Jan. 2, 2013, 126 Stat. 1928.) Statutory Notes and Related Subsidiaries CONSTRUCTION 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).’’ REPORT Pub. L. 112–239, div. A, title X, § 1040(c), Jan. 2, 2013, 126 Stat. 1930, provided that: ‘‘(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 com- mittees a report describing and assessing the following: ‘‘(A) The actions taken to implement the require- ments of such section 188 and the charter titled ‘Gov- ernance 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 In- telligence in July 2010. ‘‘(B) The effectiveness of the Council in accom- plishing the purpose and objectives of such section and such Charter. ‘‘(C) Efforts to strengthen work-for-others pro- grams 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 rec- ommended to improve the ability of such other agen- cies to leverage expertise and capabilities at the na- tional laboratories. ‘‘(G) The strategic capabilities and core com- petencies of laboratories and engineering centers op- erated by the Department of Defense, including iden- tification of mission areas and functions that should be carried out by such laboratories and engineering centers.