Page:United States Statutes at Large Volume 103 Part 2.djvu/667

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1677 information that results from research and development activities conducted under this Act and that would be a trade secret or commercial or financial information that is privileged or confiden- tial if the information had been obtained from a non-Federal party participating in a cooperative research and development agreement, may provide appropriate protections against the dissemination of such information, including exemption from subchapter II of chap- ter 5 of title 5, United States Code.'; and (8) in subsection (d)— (A) by striking "and" at the end of paragraph (1); (B) by amending paragraph (2) to read as follows: "(2) the term 'laboratory' means— "(A) a facility or group of facilities owned, leased, or otherwise used by a Federal agency, a substantial purpose of which is the performance of research, development, or engineering by employees of the Federal Government; "(B) a group of Government-owned, contractor-operated facilities under a common contract, when a substantial purpose of the contract is the performance of research and development for the Federal Government; and "(C) a Cxovernment-owned, contractor-operated facility that is not under a common contract described in sub- paragraph (B), and the primary purpose of which is the performance of research and development for the Federal (jovernment, but such term does not include any facility covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program; and"; and (C) by adding at the end the following new paragraph: "(3) the term 'joint work statement' means a proposal pre- pared for a Federal agency by the director of a Government- owned, contractor-operated laboratory describing the purpose and scope of a proposed cooperative research and development agreement, and assigning rights and responsibilities among the agency, the laboratory, and any other party or parties to the proposed agreement.". (b) PRINCIPLES.— Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended by adding at the end the following new subsection: "(g) PRINCIPLES.—In implementing this section, each agency which has contracted with a non-Federal entity to operate a labora- tory shall be guided by the following principles: "(1) The implementation shall advance program missions at the laboratory, including any national security mission. "(2) Classified information and unclassified sensitive informa- tion protected by law, regulation, or Executive order shall be appropriately safeguarded. ". (c) "TECHNICAL AMENDMENTS.— Section 14 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c) is amended— (1) in subsection (a)(D, by inserting "by Government-operated Federal laboratories" after "entered into"; and by striking "11" and inserting in lieu thereof "12"; (2) in sul:^ection (a)(l)(B)(ii), by inserting ", including pay- ments to inventors and developers of sensitive or classified technology, regardless of whether the technology has commer- cial applications" after "that laboratory"; and

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