Congress and Contractors Fire Back

Hutchison: NASA Leadership Skirting the Law to Shut Down Space Programs

"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."

NASA Moves To Kill Moon Program Despite Congressional Prohibition, Florida Today

"The move to essentially kill Constellation comes despite joint legislation passed by the House and Senate Appropriations committees that prohibits NASA from terminating any Constellation work without congressional approval. It also comes despite rulings by both the U.S. Supreme Court and the U.S. Court of Appeals that places all termination liability on the government rather than contractors. One case in point: A lawsuit brought by DuPont in the U.S. Court of Appeals, Federal Circuit, in April 2004."

Congress and contractors reject NASA move on Constellation moon plan , Orlando Sentinel

"ATK believes this was contrived on a recent NASA premise that ATK has been obligated to set aside termination liability estimates on this contract when in fact NASA's contracting officer provided ATK the exact opposite instruction on numerous occasions over the last several years, and directed that such costs not be accounted in any contract processes or procedures."

Contractors Told to Prepare for Moon Program's End, NY Times

"If this is to be the new agency policy and practice, then NASA should shift responsibility for termination liability on all of its current contracts, not simply Constellation," Dr. Pace said. "As it stands, this appears to be purposefully punitive against a specific set of NASA contractors."


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"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."


The Obama adminstrations actions on this are shameful and repugnant.

This is not how one wisely governs and creates policy that is long lasting and sustainable.
They have burned bridges forever on this.

What they do manage to accomplish, will not stand the test of time.

Well CD

What did I write to you. "Keep writing Congress" Best wishes.

The steroids are gone, the injection site is infected. What is the next decision?

Hit the "reset" button and Cx is over and out!
The majority of NASA has left the building and is moving out!

This will surely test congressional resolve. There has been no attempt to veil the disregard for the wording of the 2010 NASA budget law. The executive branch has calculated that the Congress will be too busy with mid-term electioneering to worry about any reaction.

What will be interesting to watch is contractor reaction. Since the the same clause exists in Shuttle contracts and has been ignored for all these years we'll see if any of the contractors has the guts to stop work on the remaining shuttle launches to preserve close-out costs. ATK certainly seems to have the least to lose in this situation. Did Administrator Bolden just end the Shuttle program as well?

Excuse me, but when did committee report language have the effect of law? Unless Constellation protection is actually written into the legislation, report language means nothing. I say kill the damn program and get on with it. Let's see if the same baying wolves that were unable to add funds to the depleted Constellation budgets of 2005-2009 can rouse their colleagues to their cause. I bet the reaction from the rest of Congress is a big yawn. I hate to keep reminding folks but to the rest of America, where in some places 7,000 jobs have been lost per month, their is little sympathy for what's going to happen to Constellation contractors. Sad, but true. And, OBTW there has NEVER been an instance in American space history where Congress has successfully forced an administration to fund and operate a program that was marked for cancellation. Never.

Didn't Sen. Shelby insert language in the 2010 NASA budget that the Constellation program would not be changed without congressional approval? That's been widely reported but, truth be told, I haven't actually read the budget language. I've certainly read quotes from Sen. Shelby talking about that.

We live in an age where we watch stuff that's never happened before in congress. Filibuster by the Republicans is a given on every issue significant to a Republican senator. Some compromise will result since President Obama does not have NASA on the forefront of his political agenda. Stay tuned.

I believe it's in the report language (somebody correct me if I'm wrong) and if so, legally has as much effect as me saying I'm king of England. That said, rare it is that any agency head defies statements inserted in the report.

H.R. 3288, Consolidated Appropriations Act, 2010, passed into law, signed by the President, became law on 12/13/2009 states:

"Provided, That notwithstanding section 505 of this Act, none of the funds provided herein and from prior years that remain available for obligation during fiscal year 2010 shall be available for the termination or elimination of any program , project or activity of the architecture for the Constellation program nor shall such funds be available to create or initiate a new program , project or activity, unless such program termination, elimination, creation, or initiation is provided in subsequent appropriations Acts."

Another bill has been introduced S 3180 which has been read and sent to committee, it has not yet passed, states:

(a) Reaffirmation of Prohibition- The National Aeronautics and Space Administration shall comply with the provisions of the first proviso under the heading `EXPLORATION' under the heading `National Aeronautics and Space Administration' in the Science Appropriations Act (title III of division B of Public Law 111-117; 123 Stat. 3147), relating to a prohibition on the use of funds for the termination or elimination of any program , project, or activity of the architecture of the Constellation Program of the National Aeronautics and Space Administration.

(b) Limitation- The provisions of section 1341 of title 31, United States Code (commonly referred to as the `Anti-Deficiency Act'), may not be utilized as a basis for the termination or elimination of any contract, program , project, or activity of the Constellation Program of the National Aeronautics and Space Administration.

(c) Comptroller General Report- Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the Constellation Program of the National Aeronautics and Space Administration. The report shall set forth a description and assessment by the Comptroller General of the contracts, programs, projects, or activities of the Constellation Program , if any, that are contrary to law or are experiencing waste, fraud, or abuse.

(d) Current Shuttle Manifest Flight Assurance- The Administrator of the National Aeronautics and Space Administration shall take all actions necessary to ensure shuttle launch capability, including not terminating any contractor support that will limit or impair the launching of, at a minimum, the payloads manifested for the shuttle as of the date of the enactment of this Act.

Editor's note: This is report language, not "law". Here is the actual Public Law 111-117 CONSOLIDATED APPROPRIATIONS ACT, 2010 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_public_laws&docid=f:publ117.111

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This page contains a single entry by Keith Cowing published on June 10, 2010 5:43 PM.

NASA Invokes Anti-Deficiency Act was the previous entry in this blog.

JSC Begins Constellation Changes is the next entry in this blog.

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