Page:United States Statutes at Large Volume 102 Part 2.djvu/437

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1441

tion (b)(2) shall be used only for direct costs and not for indirect costs, profits, or management fees of the contractor. "(4) In determining whether to make an award to a particular joint venture, the Program shall consider whether the members of the joint venture have made provisions for the appropriate participation of small United States businesses in such joint venture. "(5) Section 552 of title 5, United States Code, shall not apply to ^ e following information obtained by the Federal Government on a confidential basis in connection with the activities of any business or any joint venture receiving funding under the Program— "(A) information on the business operation of any member of the business or joint venture; and "(B) trade secrets possessed by any business or any member of the joint venture. "(6) Intellectual property owned and developed by any business or joint ventiu« receiving funding or by any member of such a joint venture may not be disclosed by any officer or employee of the Federal Government except in accordance with « written agreement between the owner or developer and the Program. "Cf) The Federal Government shall be entitled to a share of the licensing fees and royalty payments made to and retained by any business or joint venture to which it contributes under this section in an amount proportional to the Federal share of the costs incurred by the business or joint venture as determined by independent audit. "(8) If a business or joint venture fails before the completion of the period for which a contract or award has been made, after all allowable costs have been paid and appropriate audits conducted, the unspent balance of the Federal funds shall be returned by the recipient to the Pn^ram. "(9) Upon dissolution of any joint venture or at the time otherwise agreed upon, the Federal Government shall be entitled to a share of the residual assets of the joint venture proportional to the Federal share of the costs of the joint venture as determined by independent audit. "(e) As used in this section, the term 'joint research and development venture' has the meaning given to such term in section 2(a)(6) of the National Cooperative Research Act of 1984 (15 U.S.C. 4301(a)(6)).".

Clsissified information.

Copyrights. Patents and trademarks. Classified information.

(b) VismNG COMMITTEE ON ADVANCED TBCHNOIJOGY.—Section 10

of the Act of March 3, 1901, is amended to read as follows: VISITING OOMMirTEE ON ADVANCED TECHNOLOGY

"SEC. 10. (a) There is established within the Institute a Visiting Establishment. Committee on Advanced Technology (hereafter in this Act referred 15 USC 278. to as the 'Committee'). The Committee shall consist of nine members appointed by the Director, at least five of whom shall be from United States industry. The Director shall appoint as original members of the Committee any final members of the National Bureau of Standards Visiting Committee who wish to serve in such capacity. In addition to any powers and functions otherwise granted to it by this Act, the Committee shall review and make recommendations r^arding general policy for the Institute, its organization, its

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