Statement of Administration Policy: H.R. 5373 - Energy and Water Development Appropriations Bill, FY 1993

(House Floor)
(Sponsors: Whitten (D), Mississippi; Bevill (D), Alabama)

This Statement of Administration Policy expresses the Administration's views on the Energy and Water Development Appropriations Bill, as reported by the Committee.

The Administration strongly objects to section 507 of the Committee bill, which would impose a one-year moratorium on the testing of nuclear weapons. The stability of the world and the secure position of the United States are safeguarded by our possession of a credible nuclear deterrent. Underground nuclear testing provides an essential element in maintaining the credibility of this deterrent. A moratorium would postpone safety improvements for our nuclear weapons and preclude assessment of the reliability of the existing inventory.

The Administration objects to the Committee's reductions of $166 million from the President's request for the Superconducting Super Collider and $15 million from the request for the new Fermilab Main Injector for high energy physics research. Funding at requested levels for these crucial investments in the nation's science infrastructure is needed to ensure America's competitive position in research and development in the future.

The reduction in funding for the Superconducting Super Collider would result in the same funding level as in FY 1992. A budget freeze would risk forfeiting U.S. international leadership and would delay the schedule by as much as a year. The Department of Energy estimates that the reduced funding level for the Fermilab Injector would cause a delay of seven months.

The Administration strongly opposes an amendment expected to be offered to strike all funds for the Superconducting Super Collider. Its adoption would constitute a major retreat from U.S. leadership in superconductivity -- with highly adverse consequences to America's competitive position not only in science but in a number of important energy technologies.

The Committee has rejected the Administration's proposal for an environmental cleanup fee that would generate $183 million in receipts. This fee would require owners or operators of domestic nuclear power reactors to share in the cost of environmental cleanup of the uranium enrichment enterprises. Without this user fee, the taxpayers would be forced to pay 100% of this cleanup cost.

The Administration is concerned that the reduction of $117 million from requested funding for the Nuclear Waste Disposal Fund would delay geological studies at the Yucca Mountain site that are required to construct and operate a nuclear waste management system. Permits have been obtained to begin work on the repository, and the Committee's action would unnecessarily delay planned construction.

The Administration objects to the shift of $25 million within the civilian portion of the Environmental Restoration and Waste Management (ERWM) program to provide additional funds for the operation of the Fast Flux Test Facility. The Administration has made every effort to ensure that funds are available in the ERWM program to meet all legally mandated schedules and milestones. Shifting funds to reactor operations could cause the Department of Energy to miss milestones that are legally enforceable under the terms of compliance agreements that the Department has signed with both EPA and State regulatory agencies.

The Administration is concerned that the Committee has reduced — and in some cases eliminated — requested funding for various programs of the Army Corps of Engineers, while funding lower priority activities. These reductions include $6.6 million for the regulatory program, which would increase delays in the granting of Section 404 permits, and $13 million for magnetically-levitated transportation systems.

The House is urged to consider reducing those items for which funding was provided in excess of the President's request so that funding can be provided for the items discussed above. In addition to approving the environmental cleanup fee, the House is urged to consider decreases in funding for the Tennessee Valley Authority and lower priority projects of the Army Corps of Engineers.

Finally, the Administration objects to the language of section 505, which would bar the use of appropriated funds to conduct certain studies of the pricing of hydroelectric power. In signing the FY 1991 and FY 1992 Energy and Water Appropriations Bills, the President objected to language identical to the language in section 505 on constitutional grounds. The Constitution grants the President the authority to recommend to the Congress any legislative measures considered "necessary and expedient." Any restrictions on studies would be interpreted so as to not limit the President's ability to carry out his constitutional responsibilities.

On the basis of our initial scoring of the bill, the Committee's recommendations are within the House 602(b) allocation for domestic discretionary budget authority, but exceed the outlay allocation by $69 million. The Committee recommendations for defense items are within the House 602(b) allocations. The House 602(b) allocations are consistent with the statutory spending limits enacted in the Budget Enforcement Act.

Attached is a table that reflects preliminary OMB scoring of the Committee bill.

The attached data table can be downloaded in PDF format by clicking this link