of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,432,000 is for deposit
into the Utah Reclamation Mitigation and Conservation
Account pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided fur-
ther, That the Secretary of the Treasury is authorized to
transfer from the Colorado River Dam Fund to the West-
ern Area Power Administration $3,774,000 to carry out
the power marketing and transmission activities of the
Boulder Canyon project as provided in section 104(a)(4)
of the Hoover Power Plant Act of 1984, to remain avail-
able until expended.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $970,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Adminis-
tration, as provided in section 423 of the Foreign Rela-
tions Authorization Act, fiscal years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101,
et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed
$3,000), $141,290,000, to remain available until ex-
pended: Provided, That notwithstanding any other provi-
sion of law, not to exceed $141,290,000 of revenues from
fees and annual charges, and other services and collections
in fiscal year 1997 shall be retained and used for nec-
essary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated shall be reduced as revenues are received dur-
ing fiscal year 1997 so as to result in a final fiscal year
1997 appropriation from the General Fund estimated at
not more than $0.
GENERAL PROVISION
SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RE-
TRAINING, 
AND 
COUNSELING 
PROGRAMS
FOR UNITED STATES DEPARTMENT OF EN-
ERGY EMPLOYEES AFFECTED BY A REDUC-
TION IN FORCE.
(a) DEFINITIONS.—
(1) for the purposes of this section, the term
‘‘agency’’ means the United States Department of
Energy.
(2) For the purposes of this section, the term
‘‘eligible employee’’ means any employee of the agen-
cy who—
(A) is scheduled to be separated from serv-
ice due to a reduction in force under—
(i) regulations prescribed under sec-
tion 3502 of title 5, United States Code; or
(ii) procedures established under sec-
tion 3595 of title 5, United States Code; or
(B) is separated from service due to such
a reduction in force, but does not include—
(i) an employee separated from service
for cause on charges of misconduct or de-
linquency; or
(ii) an employee who, at the time of
separation, meets the age and service re-
quirements for an immediate annuity
under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code.
(b) PRIORITY PLACEMENT AND RETRAINING PRO-
GRAM.—Not later than 30 days after the date of the en-
actment of this Act, the United States Department of En-
ergy shall establish an agency-wide priority placement and
retraining program for eligible employees.
(c) The priority placement program established under
subsection (b) shall include provisions under which a va-
cant position shall not be filled by the appointment or
transfer of any individual from outside of the agency if—
(1) there is then available any eligible employee
who applies for the position within 30 days of the
agency issuing a job announcement and is qualified
(or can be trained or retrained to become qualified
within 90 days of assuming the position) for the po-
sition; and
(2) the position is within the same commuting
area as the eligible employee’s last-held position or
residence.
(d) JOB PLACEMENT AND COUNSELING SERVICES.—
The head of the agency may establish a program to pro-
vide job placement and counseling services to eligible em-
ployees.
(1) TYPES
OF
SERVICES.—A program estab-
lished under subsection (d) may include, but is not
limited to, such services as—
(A) career and personal counseling;
(B) training and job search skills; and
(C) job placement assistance, including as-
sistance provided through cooperative arrange-
ments with State and local employment services
offices.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said
Act, and for necessary expenses for the Federal Co-Chair-
man and the alternate on the Appalachian Regional Com-
mission and for payment of the Federal share of the ad-
ministrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $155,331,000, to remain available until ex-
pended.
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $12,000,000, to remain
available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Commission in carry-
ing out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including the employment of aliens; services
authorized by 5 U.S.C. 3109; publication and dissemina-
tion of atomic information; purchase, repair, and cleaning
of uniforms; official representation expenses (not to exceed
$20,000); reimbursements to the General Services Admin-
istration for security guard services; hire of passenger
motor vehicles and aircraft, $471,800,000, to remain
available until expended: Provided, That of the amount ap-
propriated herein, $11,000,000 shall be derived from the
Nuclear Waste Fund, subject to the authorization required
in this bill under the heading, ‘‘Nuclear Waste Disposal
Fund’’: Provided further, That from this appropriation,
transfer of sums may be made to other agencies of the
Government for the performance of the work for which
this appropriation is made, and in such cases the sums
so transferred may be merged with the appropriation to
which transferred: Provided further, That moneys received
by the Commission for the cooperative nuclear safety re-
search program, services rendered to foreign governments
and international organizations, and the material and in-
formation access authorization programs, including crimi-
nal history checks under section 149 of the Atomic Energy
Act may be retained and used for salaries and expenses
associated with those activities, notwithstanding 31 U.S.C.
3302, and shall remain available until expended: Provided
further, That revenues from licensing fees, inspection serv-
ices, and other services and collections estimated at
$457,300,000 in fiscal year 1997 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the funds here-
in appropriated for regulatory reviews and other activities
pertaining to waste stored at the Hanford site, Washing-
ton, shall be excluded from license fee revenues, notwith-
standing 42 U.S.C. 2214: Provided further, That the sum
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 1997 from licensing fees,
inspection services and other services and collections, ex-
cluding those moneys received for the cooperative nuclear
safety research program, services rendered to foreign gov-
ernments and international organizations, and the mate-
rial and information access authorization programs, so as
to result in a final fiscal year 1997 appropriation esti-
mated at not more than $14,500,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, including services au-
thorized by 5 U.S.C. 3109, $5,000,000, to remain avail-
able until expended; and in addition, an amount not to
exceed 5 percent of this sum may be transferred from Sal-
aries and Expenses, Nuclear Regulatory Commission: Pro-
vided, That notice of such transfers shall be given to the
Committees on Appropriations of the House and Senate:
Provided further, That from this appropriation, transfers
of sums may be made to other agencies of the Government
for the performance of the work for which this appropria-
tion is made, and in such cases the sums so transferred
may be merged with the appropriation to which trans-
ferred: Provided further, That revenues from licensing
fees, inspection services, and other services and collections
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced
by the amount of revenues received during fiscal year
1997 from licensing fees, inspection services, and other
services and collections, so as to result in a final fiscal
year 1997 appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $2,531,000, to be derived from the Nu-
clear Waste Fund, subject to the authorization required
in this bill under the heading, ‘‘Nuclear Waste Disposal
Fund’’, and to remain available until expended.
TENNESSEE VALLEY AUTHORITY
For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16
U.S.C. ch. 12A), including hire, maintenance, and oper-
ation of aircraft, and purchase and hire of passenger
motor vehicles, $97,169,000, to remain available until ex-
pended: Provided, That none of the funds provided herein
shall be available for activities of the Environmental Re-
search Center in Muscle Shoals, Alabama, except for nec-
essary termination expenses: Provided further, That of the
funds provided herein, not more than $5,000,000 shall be
made available for operation, maintenance, improvement,
and surveillance of Land Between the Lakes: Provided fur-
ther, That of the amount provided herein, not more than
$16,000,000 shall be available for Economic Development
activities.
TITLE V—GENERAL PROVISIONS
SEC. 501. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act
should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial as-
sistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement
made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 502. Section 508(f) of Public Law 104–46, the
Energy and Water Development Appropriations Act,
1996, is repealed.
SEC. 503. 42 U.S.C. 7262 is repealed.
SEC. 504. Public Law 101–514, the Energy and
Water Development Appropriations Act, 1991, is amended
by striking ‘‘: Provided’’ and all that follows through ‘‘non-
reimbursable’’ under the heading, ‘‘Construction, Reha-
bilitation, Operation and Maintenance, Western Area
Power Administration’’.
SEC. 505. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain
for the San Luis Unit until development by the Secretary
of the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detrimen-
tal effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the
Interior as reimbursable or nonreimbursable and collected
until fully repaid pursuant to the ‘‘Cleanup Program—
Alternative Repayment plan’’ and the ‘‘SJVDP—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 1995’’, prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds
by the United States relating to, or providing for, drainage
service or drainage studies for the San Luis Unit shall
be fully reimbursable by San Luis Unit beneficiaries of
such service or studies pursuant to Federal Reclamation
law.
SEC. 506. (a) DENIAL OF FUNDS FOR PREVENTING
ROTC ACCESS TO CAMPUS.—None of the funds made
available in this Act may be provided by contract or by
grant (including a grant of funds to be available for stu-
dent aid) to an institution of higher education when it is
made known to the Federal official having authority to
obligate or expend such funds that the institution (or any
subelement thereof) has a policy or practice (regardless
of when implemented) that prohibits, or in effect pre-
vents—
(1) the maintaining, establishing, or operation
of a unit of the Senior Reserve Officer Training
Corps (in accordance with section 654 of title 10,
United States Code, and other applicable Federal
laws) at the institution (or subelement); or
(2) a student at the institution (or subelement)
from enrolling in a unit of the Senior Reserve Offi-
cer Training Corps at another institution of higher
education.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 507. (a) DENIAL OF FUNDS FOR PREVENTING
FEDERAL MILITARY RECRUITING ON CAMPUS.—None of
the funds made available in this Act may be provided by
contract or grant (including a grant of funds to be avail-
able for student aid) to any institution of higher education
when it is made known to the Federal official having au-
thority to obligate or expend such funds that the institu-
tion (or any subelement thereof) has a policy or practice
(regardless of when implemented) that prohibits, or in ef-
fect prevents—
(1) entry to campuses, or access to students
(who are 17 years of age or older) on campuses, for
purposes of Federal military recruiting; or
(2) access to the following information pertain-
ing to students (who are 17 years of age or older)
for purposes of Federal military recruiting: student
names, addresses, telephone listings, dates and
places of birth, levels of education, degrees received,
prior military experience, and the most recent pre-
vious educational institutions enrolled in by the stu-
dents.
(b) EXCEPTION.—The limitation established in sub-
section (a) shall not apply to an institution of higher edu-
cation when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) the institution (or subelement) has ceased
the policy or practice described in such subsection;
or
(2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 508. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with an entity when it is made known to the
Federal official having authority to obligate or expend
such funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-
retary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such en-
tity.
SEC. 509. None of the funds made available in this
Act may be used to revise the Missouri River Master
Water Control Manual when it is made known to the Fed-
eral entity or official to which the funds are made available
that such revision provides for an increase in the spring-
time water release program during the spring heavy rain-
fall and snow melt period in States that have rivers drain-
ing into the Missouri River below the Gavins Point Dam.
SEC. 510. None of the funds made available to the
Tennessee Valley Authority by this Act may be appro-
priated when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that the
Tennessee Valley Authority is imposing a performance de-
posit on persons constructing docks or making other resi-
dential shoreline alterations.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1997’’.
Passed the House of Representatives July 25, 1996.
Attest:
Clerk.