Sec. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS

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## SEC. 40322 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 **[**[42 U.S.C. 18752](/us/usc/t42/s18752)**]** ####

(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)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). ####

(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 focused on development and demonstration. ####

(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 **[**[15 U.S.C. 3710a note](/us/usc/t15/s3710a)**]** #####

(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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