WASHINGTON, D.C. – Senator Kay Bailey Hutchison (R-Texas),
Ranking Member of the Senate Commerce, Science, and Transportation Committee,
today said NASA leadership was skirting the law to shut down the Constellation
program after NASA leadership publicly announced a decision to reprioritize
work on the program. NASA’s stated justification for these actions is the Anti-Deficiency
Act (ADA), which prohibits spending funds beyond levels that are appropriated
in a given year, or obligating the government to pay money before funds have
been appropriated. There are a number of unanswered questions on whether the
ADA would apply in this situation, and if it did, the recently passed Defense
Supplemental legislation clarifies that regardless of any provision of law,
work must continue on the Constellation program.
“While Congress considers the President’s Budget request,
the Constellation program remains the law of the land and we have repeatedly
affirmed that Constellation work should continue unless Congress approves a
different program,” said Senator Hutchison. “For months, NASA’s
leadership has claimed they are not working to subvert Constellation despite information
to the contrary. This includes letters sent from the agency to
contractors about their termination liability, internal direction given to
agency personnel to give ‘lowest priority’ to spending that does not fit into
the President’s proposal, and the recent reassignment of the Constellation
program manager, who was reported to be working on plans to continue
implementation of the program of record.”
“All of these are deeply troubling developments, but perhaps
the most disturbing evidence that the Administration is motivated to subvert
the Constellation program and effectively burn the bridge to the program is
found in the timing of this public announcement and the argument used to
justify it,” Senator Hutchison said. “Two weeks ago, the Senate passed a
Defense Supplemental spending measure with language requiring NASA to continue
work on the Constellation program unless Congress directs otherwise. This
language clearly affirms Congressional direction that work should
continue. This measure is expected to reach the President’s desk before
the end of this month. The timing of NASA’s decision to push forward with
these actions now, before this becomes law, rather than working with Congress
to identify ways to mitigate uncertainty and allow workers to remain on the job
is highly questionable.”
Senator Hutchison today received a letter from NASA
Administrator Bolden outlining the decision and NASA’s justification. She noted that it further underscores the
extent to which NASA has taken aggressive steps to move in a different
direction without providing ample explanation or justification to Congress.
The letter from Administrator Bolden contains language discussing the new
“principles” to guide spending that are virtually identical to direction
reportedly given by NASA headquarters in an email to the now reassigned
Constellation program manager more than three weeks ago. The email with
these operational instructions has been provided to the NASA Inspector General
as part of the investigation Hutchison requested with Chairman Rockefeller into
the reassignment of the Constellation program manager.
“At best, this demonstrates that, at least three weeks
before briefing members of Congress about issues related to funding challenges,
NASA’s leadership had already taken steps to implement a course that today
leads to the loss of hundreds, perhaps thousands, of jobs,” said Senator
Hutchison. “At worst, it shows an agency
that is willfully subverting the repeatedly expressed will of Congress.
In either case, the result is the same. The leadership of the world’s
preeminent space agency has strained its credibility to the breaking point and
something has to change.”
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Senator Hutchison is releasing a copy of the internal
email and the letter from Administrator
Bolden.