204 
Energy, of one or more Department of Energy national laboratories in 
the performance of work. 
(2) SITES.—The Department may be a joint sponsor of a Depart-
ment of Energy site in the performance of work as if the 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 pri-
mary sponsor under a multiple agency sponsorship arrangement re-
ferred 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 spon-
sorship arrangement under this subsection between the Department 
and a Department of Energy national laboratory or site. 
(5) COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.—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 Regulation. 
(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 a 
national laboratory under section 3303(a)(1)(C) of title 41 or of a site 
to the extent the section applies to the site as a federally funded re-
search and development center by reason of this subsection. 
(c) SEPARATE CONTRACTING.—To the extent that programs or activities 
transferred by the Homeland Security Act of 2002 (Public Law 107-296, 
116 Stat. 2135) from the Department of Energy to the Department are 
being carried out through direct contracts with the operator of a national 
laboratory or site of the Department of Energy, the Secretary and the Sec-
retary of Energy shall ensure that direct contracts for the programs and 
activities between the Department and the operator are separate from the 
direct contracts of the Department of Energy with the operator. 
(d) AUTHORITY WITH RESPECT TO COOPERATIVE RESEARCH AND DE-
VELOPMENT AGREEMENTS AND LICENSING AGREEMENTS.—In connection 
with utilization of Department of Energy national laboratories and sites 
under this section, the Secretary may permit the director of a national lab-
oratory or site to enter into cooperative research and development agree-
ments or to negotiate licensing agreements with any person, any agency or 
instrumentality, of the United States, any unit of State or local government, 
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205 
and any other entity under the authority granted by section 12 of the Ste-
venson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). 
Technology may be transferred to a non-Federal party to an agreement con-
sistent with the provisions of sections 11 and 12 of that Act (15 U.S.C. 
3710, 3710a). 
(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 the utilization of the laboratory or site under this section, 
the Department shall reimburse the Department of Energy for costs of the 
activity through a method under which the Secretary of Energy waives any 
requirement for the Department 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 the 
contractor and paid for by the Department of Energy. 
(f) LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT BY THE DE-
PARTMENT OF ENERGY.—No funds authorized to be appropriated or other-
wise made available to the Department in a fiscal year may be obligated 
or expended for laboratory directed research and development activities car-
ried out by the Department of Energy unless the activities support the mis-
sions of the Department. 
(g) OFFICE FOR NATIONAL LABORATORIES.—There is in the Directorate 
of Science and Technology the Office for National Laboratories. The Office 
is responsible for the coordination and utilization of the Department of En-
ergy 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 research, 
development, test, and evaluation activities conducted in 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 maxi-
mize the effective application of Federal budget resources. 
§ 10709. Transfer of Plum Island Animal Disease Center, De-
partment of Agriculture 
(a) IN GENERAL.— The Secretary succeeds the Secretary of Agriculture 
as head of the Plum Island Animal Disease Center of the Department of 
Agriculture (in this section referred to as the ‘‘Center’’), including the as-
sets and liabilities of the Center. 
(b) CONTINUED DEPARTMENT OF AGRICULTURE ACCESS.—On comple-
tion of the transfer of the Center under subsection (a), the Secretary and 
the Secretary of Agriculture shall enter into an agreement to ensure that 
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the Department of Agriculture is able to carry out research, diagnostic, and 
other activities of the Department of Agriculture at the Center. 
(c) DIRECTION OF ACTIVITIES.—The Secretary of Agriculture shall con-
tinue to direct the research, diagnostic, and other activities of the Depart-
ment of Agriculture at the Center. 
(d) NOTIFICATION.—At least 180 days before a change in the biosafety 
level at the Center, the President shall notify Congress of the change and 
describe the reasons for the change. 
(e) RELOCATION OF NATIONAL BIO- AND AGRO-DEFENSE FACILITY.— 
(1) IN GENERAL.—Notwithstanding any other provision of law, if the 
Secretary determines that the National Bio- and Agro-defense Facility 
should be located at a site other than Plum Island, New York, the Sec-
retary shall ensure that the Administrator of General Services sells 
through public sale all real and related personal property and transpor-
tation assets that support Plum Island operations, subject to terms and 
conditions necessary to protect Government interests and meet program 
requirements. 
(2) PROCEEDS OF SALE.—The proceeds of the sale described in sub-
section (a) shall be deposited as offsetting collections into the Depart-
ment of Homeland Security Science and Technology ‘‘Research, Devel-
opment, Acquisition, and Operations’’ account and, subject to appro-
priation, shall be available until expended, for site acquisition, construc-
tion, and costs related to the construction of the National Bio- and 
Agro-defense Facility, including the costs associated with the sale, in-
cluding due diligence requirements, necessary environmental remedi-
ation at Plum Island, and reimbursement of expenses incurred by the 
General Services Administration. 
§ 10710. Homeland Security Science and Technology Advi-
sory Committee 
(a) ESTABLISHMENT.—There is in the Department a Homeland Security 
Science and Technology Advisory Committee (in this section referred to as 
the ‘‘Advisory Committee’’). The Advisory Committee shall make rec-
ommendations with respect to the activities of the Under Secretary for 
Science and Technology, including identifying research areas of potential 
importance to the security of the Nation. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The Advisory Committee consists of 20 mem-
bers appointed by the Under Secretary for Science and Technology, in-
cluding emergency first-responders or representatives of organizations 
or associations of emergency first-responders. The Advisory Committee 
also shall include representatives of citizen groups, including economi-
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cally disadvantaged communities. The individuals appointed as mem-
bers of the Advisory Committee— 
(A) shall be eminent in fields such as emergency response, re-
search, engineering, new product development, business, and man-
agement consulting; 
(B) shall be selected solely on the basis of established records 
of distinguished service; 
(C) shall not be employees of the Federal Government; and 
(D) shall be selected to provide representation of a cross-section 
of the research, development, demonstration, and deployment ac-
tivities supported by the Under Secretary for Science and Tech-
nology. 
(2) NATIONAL
RESEARCH
COUNCIL.—The Under Secretary for 
Science and Technology may enter into an arrangement for the Na-
tional Research Council to select members of the Advisory Committee, 
but only if the panel used by the National Research Council reflects 
the representation described in paragraph (1). 
(c) TERMS OF OFFICE.— 
(1) IN GENERAL.—Except as otherwise provided in this subsection, 
the term of office of each member of the Advisory Committee shall be 
3 years. 
(2) VACANCIES.—A member appointed to fill a vacancy occurring be-
fore the expiration of the term for which the member’s predecessor was 
appointed shall be appointed for the remainder of the term. 
(d) ELIGIBILITY.—A person who has completed 2 consecutive full terms 
of service on the Advisory Committee is ineligible for appointment during 
the 1-year period following the expiration of the 2d term. 
(e) MEETINGS.—The Advisory Committee shall meet at least quarterly at 
the call of the Chair or whenever one-third of the members request a meet-
ing in writing. Each member shall be given appropriate notice of the call 
of each meeting, whenever possible not less than 15 days before the meet-
ing. 
(f) QUORUM.—A majority of the members of the Advisory Committee not 
having a conflict of interest in the matter being considered by the Advisory 
Committee constitutes a quorum. 
(g) CONFLICT OF INTEREST RULES.—The Advisory Committee shall es-
tablish rules for determining when 1 of its members has a conflict of inter-
est in a matter being considered by the Advisory Committee. 
(h) REPORTS.— 
(1) ANNUAL REPORT.—The Advisory Committee shall submit an an-
nual report to the Under Secretary for Science and Technology for 
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