Statement of Administration Policy: S. 1405 - National Oceanic and Atmospheric Administration (NOAA) Authorization Act of 1991

(SENT 11/25/91)
(Senate)
(Kerry (D) Massachusetts and 2 others)

The Secretary of Commerce will recommend that the President veto S. 1405, unless section 111 is deleted and section 401 is satisfactorily amended.

Section 111 would add significantly to existing restrictions on efforts to modernize the National Weather Service. The restrictions in the section include a prohibition until 1996 on consolidations and relocations needed to implement the gradual and planned transition to modern operations. Section 111's provisions, which constrain the Secretary's authority, will delay the planned phase-in of weather operations and jeopardize public safety. Further, the section will increase modernization costs by $30 million to $50 million.

Portions of section 401 would place restrictions on the construction or repair of NOAA vessels in foreign shipyards. This provision could undermine international negotiations in which the United States is seeking to increase procurement opportunities for U.S. suppliers ln foreign markets, particularly with respect to construction services. These restrictions should be deleted.

The Administration recommends deletions or modifications to other troublesome provisions of S. 1405, which would:

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

— Seek to ensure that NOAA vessels are interoperable with Navy vessels. This provision could add considerably to the cost of constructing and maintaining NOAA vessels.

— Establish a NOAA Foundation. The Foundation would not be clearly governmental or clearly private. As the President noted in a 1990 signing statement, establishing such entities "undermines the separation of power principles of our Constitution, blurring the distinction between public and private entities ln a way that may diminish the political accountability of government."

— Authorize new programs for NOAA. These activities are currently being performed under existing authorities.

— Provide appropriations authorizations that are inconsistent with the FY 1992 enacted appropriation.

— Establish reprogramming requirements. The reprogramming requirements should be amended to be consistent with those of section 606 of P.L. 102-140, the 1992 Department of Commerce Appropriations Act.

— Target funds or mandate activities in specific geographic areas.

With these changes, S. 1405 would be preferable to the House-passed bill, H.R. 2130.