Page:United States Statutes at Large Volume 103 Part 2.djvu/668

 note. 103 STAT. 1678 PUBLIC LAW 101-189—NOV. 29, 1989 (3) in subsection (a)(l)(B)(iv), by striking "Government-oper- ated". 15 ysc 3710a (d) CoNTRACT PROVISIONS.—(1) Not later than 150 days after the date of enactment of this Act, each agency which has contracted with a non-Federfid entity to operate a Government-owned labora- tory shall propose for inclusion in that laboratory's operating con- tract, to the extent not already included, appropriate contract provi- sions that— (A) establish technology transfer, including cooperative re- search and development agreements, as a mission for the lab- oratory under section ll(a)(l) of the Stevenson-Wydler Tech- nology Innovation Act of 1980; (B) describe the respective obligations and responsibilities of the agency and the laboratory with respect to this part and section 12 of the Stevenson-Wydler Technology Innovation Act of 1980; (C) require that, except as provided in paragraph (2), no employee of the laboratory shall have a substantial role (includ- ing an advisory role) in the preparation, negotiation, or ap- proval of a cooperative research and development agreement if, to such employee's knowledge— (i) such employee, or the spouse, child, parent, sibling, or partner of such employee, or an organization (other than the laboratory) in which such employee serves as an officer, director, trustee, partner, or employee— (I) holds a Hnancial interest in any entity, other than the laboratory, that has a substantial interest in the preparation, negotiation, or approval of the cooperative ^ research and development agreement; or (II) receives a gift or gratuity from any entity, other than the laboratory, that has a substantial interest in the preparation, negotiation, or approval of the co- operative research and development agreement; or (ii) a financial interest in any entity, other than the laboratory, that has a substantial interest in the prepara- tion, negotiation, or approval of the cooperative research and development agn*eement, is held by any person or organization with whom such employee is negotiating or has any arrangement concerning prospective employment; (D) require that each employee of the laboratory who nego- tiates or approves a cooperative research and development agreement shall certify to the agency that the circumstances described in subparagraph (C)(i) and (ii) do not apply to such employee; (E) require the laboratory to widely disseminate information on opportunities to participate with the laboratory in tech- nology transfer, including cooperative research and develop- ment agreements; and (F) provides for an accounting of all royalty or other income received under cooperative research and development agree- ments. (2) The requirements described in paragraph (I)(C) and (D) shall not apply in a case where the negotiating or approving employee advises the agency that reviewed the applicable joint work state- ment under section 12(c)(5)(C)(i) of the Stevenson-Wydler Technology Innovation Act of 1980 in advance of the matter in which he is to participate and the nature of any financial interest described in

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