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(4) the existing nuclear technical community
and faculties are aging, and new, younger graduates
are not entering the field, threatening the United
States technological superiority in this area;
(5) a robust, long-term fusion program will be
dependent on the availability of properly trained sci-
entific experts to carry on the program from the cur-
rent leaders in the field;
(6) in the 1950s and 1960s, the Federal Gov-
ernment was instrumental in founding and funding
the University Research Reactor program and the
Nuclear Engineering Education and Research pro-
gram, and as a primary user of the graduates of
these programs, continued strong support for these
programs for decades;
(7) the decline of Federal support for these pro-
grams has forced many universities to close down re-
search reactors and seriously erode the accompany-
ing academic programs;
(8) the current condition of the university re-
search reactors needs attention and funding to up-
grade instrumentation and safety features; and
(9) the Federal Government should continue its
fuel assistance program in order to avert further
hardships to the universities.
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(b) PURPOSES.—The purposes of this section are
to—
(1) provide Federal support and maintain and
upgrade the Nation’s Nuclear Engineering Edu-
cation and Research and University Research Reac-
tor programs, while continuing the University Reac-
tor Fuel Assistance program;
(2) combine these programs into a comprehen-
sive and cohesive national program which will sup-
port the future needs of the Nation across many sci-
entific and technological disciplines; and
(3) provide the nuclear engineering education
and university research reactor academic community
opportunities to consult and cooperate with the De-
partment of Energy and the national laboratories in
the decisionmaking and priority setting processes.
(c) PROGRAM DIRECTION.—
(1) COMBINING OF PROGRAMS.—The Secretary
shall combine the Nuclear Engineering Research and
Education program, the University Research Reac-
tor program, and the University Reactor Fuel As-
sistance program to form a new University Radi-
ation Science and Technology program to be in-
cluded as a separate and distinct part of the Univer-
sity and Science Education program.
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(2) COLLABORATION.—The Secretary, in devel-
oping the annual budget request and program plan
for the University Radiation Science and Technology
program, shall collaborate with the university radi-
ation science and technology community (including
academia, professional societies, and the national
laboratories).
(d) REPORTS.—
(1) COMPREHENSIVE
PLAN.—The Secretary
shall request the Nuclear Engineering Education
Department Heads Organization and the National
Organization of Test, Research, and Training Reac-
tors to submit, within 60 days after the date of en-
actment of this Act, to the Congress and the Sec-
retary a minimum of a 5-year comprehensive na-
tional plan for the University Radiation Science and
Technology program. Such plan shall include com-
ments from industry and all appropriate professional
societies.
(2) PROGRAM
PROPOSAL.—Within 120 days
after the submittal of the plan under paragraph (1),
the Secretary shall submit to the Congress a Univer-
sity Radiation Science and Technology program pro-
posal, which shall incorporate the plan submitted
under paragraph (1) and shall include comments
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from the National Academy of Sciences regarding
the completeness of the program proposal.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for car-
rying out the University Radiation Science and Tech-
nology Program $25,000,000 for fiscal year 1995,
$25,000,000 for fiscal year 1996, and $25,000,000 for fis-
cal year 1997.
SEC. 402. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of law, no funds
are authorized to be appropriated for carrying out the pro-
grams for which funds are authorized by this Act for any
fiscal year other than as provided by this Act.
SEC. 403. FOREIGN PARTICIPATION REPORT.
Within 1 year after the date of enactment of this Act,
and annually thereafter, the Secretary shall report to the
Congress on the status of foreign participation in and con-
tributions to projects for which funding is authorized
under this Act.
SEC. 404. MERIT REVIEW REQUIREMENT FOR AWARDS OF
FINANCIAL ASSISTANCE.
(a) MERIT REVIEW REQUIREMENT.—Except as pro-
vided in sections 204 and 205, the Secretary may not
award financial assistance to any person under this Act
for research, development, or precommercial demonstra-
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tion activities, including related facility construction, un-
less an objective merit review process is used to award the
financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
MERIT REVIEW PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance be
awarded by the Secretary in a manner inconsistent
with subsection (a), unless such provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision
of law modifies or supersedes subsection (a);
and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance may be awarded pursuant to a
provision of law that requires or authorizes the
award of the financial assistance in a manner incon-
sistent with subsection (a) until—
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(A) the Secretary submits to the Congress
a written notice of the Secretary’s intent to
award the financial assistance; and
(B) 180 days has elapsed after the date on
which the notice is received by the Congress.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘objective merit review process’’
means a thorough, consistent, and independent ex-
amination of requests for financial assistance based
on pre-established criteria and scientific and tech-
nical merit by persons knowledgeable in the field for
which the financial assistance is requested.
(2) The term ‘‘financial assistance’’ means the
transfer of funds or property to a recipient or sub-
recipient to accomplish a public purpose of support
or stimulation authorized by Federal law. Such term
includes 
grants, 
cooperative 
agreements, 
and
subawards but does not include cooperative research
and development agreements as defined in sub-
section 12(d)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)).
Passed the House of Representatives August 19,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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