[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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