[Public Papers of the Presidents of the United States: George H. W. Bush (1992-1993, Book II)]
[October 2, 1992]
[Pages 1736-1737]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Energy and Water Development Appropriations 
Act, 1993
October 2, 1992

    Today I have signed into law H.R. 5373, the ``Energy and Water 
Development Appropriations Act, 1993.'' The Act provides funding for the 
Department of Energy. The Act also provides funds for the water 
resources development activities of the Corps of Engineers and the 
Department of the Interior's Bureau of Reclamation, as well as funds for 
various related independent agencies such as the Appalachian Regional 
Commission, the Nuclear Regulatory Commission, and the Tennessee Valley 
Authority.
    I am pleased that the Congress has provided funding for the 
Superconducting super collider (SSC). This action will help us to 
maintain U.S. leadership in the field of high-energy physics. SSC-
related research has spawned, and will continue to spawn, advances in 
many fields of technology, including accelerators, cryogenics, 
superconductivity, and computing. The program serves as a national 
resource for inspiring students to pursue careers in math and science. 
SSC-related work will support 7,000 first tier jobs in the United 
States. In addition, 23,000 contracts have been awarded to businesses 
and universities around the country.
    I must, however, note a number of objectionable provisions in the 
Act. Specifically, Section 507 of H.R. 5373, which concerns nuclear 
testing, is highly objectionable. It may prevent the United States from 
conducting underground nuclear tests that are necessary to maintain a 
safe and reliable nuclear deterrent. This provision unwisely restricts 
the number and purpose of U.S. nuclear tests and will make future U.S. 
nu-

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clear testing dependent on actions by another country, rather than on 
our own national security requirements. Despite the dramatic reductions 
in nuclear arsenals, the United States continues to rely on nuclear 
deterrence as an essential element of our national security. We must 
ensure that our forces are as safe and reliable as possible. To do so, 
we must continue to conduct a minimal number of underground nuclear 
tests, regardless of the actions of other countries. Therefore, I will 
work for new legislation to permit the conduct of a modest number of 
necessary underground nuclear tests.
    In July 1992, I adopted a new nuclear testing policy to reflect the 
changes in the international security environment and in the size and 
nature of our nuclear deterrent. That policy imposed strict new limits 
on the purpose, number, and yield of U.S. nuclear tests, consistent with 
our national security and safety requirements and with our international 
obligations. It remains the soundest approach to U.S. nuclear testing.
    Sections 304 and 505 of the Act also raise constitutional concerns. 
Section 304 would establish certain racial, ethnic, and gender criteria 
for businesses and other organizations seeking Federal funding for the 
development, construction, and operation of the Superconducting super 
collider. A congressional grant of Federal money or benefits based 
solely on the recipient's race, ethnicity, or gender is presumptively 
unconstitutional under the equal protection standards of the 
Constitution.
    Accordingly, I will construe this provision consistently with the 
demands of the Constitution and, in particular, monies appropriated by 
this Act cannot be awarded solely on the basis of race, ethnicity, or 
gender.
    Section 505 of the Act provides that none of the funds appropriated 
by this or any other legislation may be used to conduct studies 
concerning ``the possibility of changing from the currently required `at 
cost' to a `market rate' or any other noncost-based method for the 
pricing of hydroelectric power'' by Federal power authorities.
    Article II, section 3, of the Constitution grants the President 
authority to recommend to the Congress any legislative measures 
considered ``necessary and expedient.'' Accordingly, in keeping with the 
well-settled obligation to construe statutory provisions to avoid 
constitutional questions, I will interpret section 505 so as not to 
infringe on the Executive's authority to conduct studies that might 
assist in the evaluation and preparation of such measures.

                                                             George Bush

The White House,
October 2, 1992.

                    Note: H.R. 5373, approved October 2, was assigned 
                        Public Law No. 102-377.