Statement of Administration Policy: H.R. 2130 - National Oceanic and Atmospheric Administration (NOAA) Authorization Act of 1991

(SENT 11/15/91)
(House)
(Hertel (D) Michigan and 6 others)

The Secretary of Commerce would recommend that the President veto H.R. 2130 unless it is amended to delete or modify satisfactorily provisions that impair the Department's ability to effectively manage authorized activities. These provisions:

—   Limit the Secretary's ability to deactivate old, obsolete radars as new NEXRAD radars are installed. As a consequence, both new and old systems may have to be operated concurrently. This would be costly and could delay modernization.

—   Further complicate the already burdensome certification requirements for the weather service modernization.

—   Specify conditions to be met before NOAA may obligate funds for certain weather modernization systems (i.e., NEXRAD radars and ASOS weather observation devices). The required conditions do not reflect recent changes in technical performance. Their effect would be to deny availability of funds already appropriated.

—   Require the Department to certify that GOES and Polar satellite systems meet specified requirements before appropriated funds may be obligated. These provisions would also deny availability of appropriations. They could result in increased program costs and gaps in satellite coverage. In addition, H.R. 2130 authorizes more than $300 million less than is likely to be required for the GOES and Polar satellites.

—   Require at least one public liaison officer to be provided for two years after a weather service office is closed, consolidated, automated, or relocated. This is required even in the case of offices which provide no public liaison services now. The result will be additional expense and duplication of services that will be provided at the new, modern offices.

—   Prohibit the deactivation of any research vessel until an equivalent replacement is available. This provision imposes unjustified and unreasonable constraints on the management of the NOAA fleet.

—   Place restrictions on the construction or repair of NOAA vessels in foreign shipyards. The provision could undermine international negotiations in which the United States is seeking to increase procurement opportunities for U.S. suppliers in foreign markets. It might be viewed as a violation of our international obligations.

—   Require the Department to ensure that NOAA vessels are interoperable with Navy vessels. This restriction would add considerably to the cost of constructing and maintaining NOAA vessels.

—   Exempt NOAA's proposed financial assistance awards from review by the Department's Financial Assistance Review Board. This infringes on the Secretary's right and obligation to ensure that public funds are obligated in a financially sound manner.

The Secretary of Commerce would also recommend a veto of H.R. 2130 if it were amended to further restrict the Department's efforts to modernize the weather service.

The Administration opposes numerous other provisions in H.R. 2130. The most objectionable of these include excessive appropriations authorizations; ceilings on future user fees; and the targeting of funds to or mandating activities in specific geographic areas.

Scoring for Purposes of Pay-As-You-Go

The Omnibus Budget Reconciliation Act (OBRA) requires that all revenue and direct spending legislation meet a pay-as-you-go requirement. That is, no such bill should result in an increase in the deficit; and if it does, it must trigger a sequester if it is not fully offset. H.R. 2130 would constrain increases in fees for nautical charts to the current fee plus inflation. OMB's preliminary estimate is that this provision would not affect the deficit for pay-as-you-go purposes.