[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1808. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title III of division F,
insert the following:
SECTION 63__. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS
AND PROTECTION OF INFORMATION RELATING TO
CERTAIN AGREEMENTS.
(a) Property Interests Relating to Federally Funded
Advanced Nuclear Reactor Projects.--
(1) Definitions.--In this section:
(A) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(B) Department.--The term ``Department'' means the
Department of Energy.
(C) Property interest.--
(i) In general.--Except as provided in clause (ii), the
term ``property interest'' means any interest in real
property or personal property (as those terms are defined in
section 200.1 of title 2, Code of Federal Regulations (as in
effect on the date of enactment of this Act)).
(ii) Exclusion.--The term ``property interest'' does not
include any interest in intellectual property developed using
funding provided under a project described in paragraph (3).
(D) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Assignment of property interests.--The Secretary may
assign to any entity, including the United States, fee title
or any other property interest acquired by the Secretary
under an agreement entered into with respect to a project
described in paragraph (3).
(3) Project described.--A project referred to in paragraph
(2) is--
(A) a project for which funding is provided pursuant to the
funding opportunity announcement of the Department numbered
DE-FOA-0002271, including any project for which funding has
been provided pursuant to that announcement as of the date of
enactment of this Act;
(B) any other project for which funding is provided using
amounts made available for the Advanced Reactor Demonstration
Program of the Department under the heading ``Nuclear
Energy'' under the heading ``ENERGY PROGRAMS'' in title III
of division C of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94; 133 Stat. 2670);
(C) any other project for which Federal funding is provided
under the Advanced Reactor Demonstration Program of the
Department; or
(D) a project--
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under a program
that is similar to, or a successor of, the Advanced Reactor
Demonstration Program of the Department.
(4) Retroactive vesting.--The vesting of fee title or any
other property interest assigned under paragraph (2) shall be
retroactive to the date on which the applicable project first
received Federal funding as described in any of subparagraphs
(A) through (D) of paragraph (3).
(b) Considerations in Cooperative Research and Development
Agreements.--
(1) In general.--Section 12(c)(7)(B) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)(7)(B)) is amended--
(A) by inserting ``(i)'' after ``(B)'';
(B) in clause (i), as so designated, by striking ``The
director'' and inserting ``Subject to clause (ii), the
director''; and
(C) by adding at the end the following:
``(II) The agency may authorize the director to provide
appropriate protections against dissemination described in
clause (i) for a total period of not more than 30 years if
the agency determines that the nature of the information
protected against dissemination, including nuclear
technology, could reasonably require an extended period of
that protection to reach commercialization.''.
(2) Applicability.--
(A) Definition.--In this subsection, the term ``cooperative
research and development agreement'' has the meaning given
the term in section 12(d) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)).
(B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this
section, shall apply with respect to any cooperative research
and development agreement that is in effect as of the day
before the date of enactment of this Act.
(c) Department of Energy Contracts.--Section 646(g)(5) of
the Department of Energy Organization Act (42 U.S.C.
7256(g)(5)) is amended--
(1) by striking ``(5) The Secretary'' and inserting the
following:
``(5) Protection from disclosure.--
``(A) In general.--The Secretary''; and
(2) in subparagraph (A) (as so designated)--
(A) by striking ``, for up to 5 years after the date on
which the information is developed,''; and
(B) by striking ``agency.'' and inserting the following:
``agency--
``(i) for up to 5 years after the date on which the
information is developed; or
``(ii) for up to 30 years after the date on which the
information is developed, if the Secretary determines that
the nature of the technology under the transaction, including
nuclear technology, could reasonably require an extended
period of protection from disclosure to reach
commercialization.
``(B) Extension during term.--The Secretary may extend the
period of protection from disclosure during the term of any
transaction described in subparagraph (A) in accordance with
that subparagraph.''.
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