Page:United States Statutes at Large Volume 103 Part 2.djvu/666

 103 STAT. 1676 PUBLIC LAW 101-189—NOV. 29, 1989 (6) in subsection (c)(5), by adding at the end the following new X subparagraph: "(C)(i) Any agency which has contracted with a non-Federal entity to operate a laboratory shall review and approve, request specific modifications to, or disapprove a joint work statement that is submitted by the director of such laboratory within 90 days after such submission. In any case where an agency has requested specific modifications to a joint work statement, the agency shall approve or disapprove any resubmission of such joint work statement within 30 days after such resubmission, or 90 days after the original submis- sion, whichever occurs later. No agreement may be entered into by a Government-owned, contractor-operated laboratory under this sec- tion before both approval of the agreement under clause (iv) and approval under this clause of a joint work statement. '(ii) In any case in which an agency which has contracted with a non-Federal entity to operate a laboratory disapproves or requests the modil^cation of a joint work statement submitted under this section, the agency shall promptly transmit a written explanation of such disapproval or modification to the director of the laboratory concerned. "(iii) Any agency which has contracted with a non-Federal entity to operate a laboratory or laboratories shall develop and provide to such laboratory or laboratories one or more model cooperative research and development agreements, for the purposes of standard- izing practices and procedures, resolving common legal issues, and enabling review of cooperative research and development agree- ments to be carried out in a routine and prompt manner. "(iv) An agency which has contracted with a non-Federal entity to operate a laboratory shall review each agreement under this section. Within 30 days after the presentation, by the director of the labora- tory, of such agreement, the agency shall, on the basis of such review, approve or request speciftc modification to such agreement. Such agreement shall not take effect before approval under this clause. Reports. "(v) If an agency fails to complete a review under clause (iv) within the 30-day period specified therein, the agency shall submit to the Congress, within 10 days after the end of that 30-day period, a report on the reasons for such failure. The cigency shall, at the end of each successive 30-day period thereafter during which such fail- ure continues, submit to the Congress another report on the reasons for the continuing failure. Nothing in this clause relieves the agency of the requirement to complete a review under clause (iv). "(vi) In any case in which an agency which has contracted with a non-Federal entity to operate a laboratory requests the modification of an agreement presented under this section, the agency shall promptly transmit a written explanation of such modification to the ' director of the laboratory concerned."; (7) in subsection (c), by adding at the end the following new paragraph: Classified "(7)(A) No trade secrets or commercial or financial information information. \h&\. is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained in the conduct of research or as a result of activities under this Act from a non-Federal party participating in a cooperative research and devel- opment agreement shall be disclosed. "(B) The director, or in the case of a contractor-operated labora- tory, the agency, for a period of up to 5 years after development of

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