(FAL 2025-04) Guidance for the Implementation of Section 40322 of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 in Notices of Funding Opportunities, Financial Assistance Awards, and Other Transaction Authority Agreements

Financial Assistance Letter

What is the purpose of this FAL?

The purpose of this FAL/OTL is to provide information and guidance regarding the authority under the IIJA to extend the existing data protection authority for data first produced in the performance of an award from five years to up to thirty years which applies, by statute, to research, development, demonstration, and commercial application programs, projects and activities under the Energy Policy Acts of 1992 and 2005 (jointly referred to as “EPAct”) and to other transactions for research, development and demonstration projects under 42 U.S.C. § 7256(g)(5) (research, development and demonstration are collectively, “RD&D”).

Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at [email protected].

FAL 2025-04 OTL Extended Data Protection

FAL 2025-04 OTL Extended Data Protection (Attachment 1)

FAL 2025-04 OTL Extended Data Protection (Attachment 2)