Aderholt Statement On Today's CJS Subcommittee Markup

Contact: Darrell "DJ" Jordan
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ADERHOLT STATEMENT ON TODAY’S APPROPRIATIONS SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE MARKUP

WASHINGTON, D.C. – Congressman Robert Aderholt (R-Haleyville) released the following statement after today’s Appropriations Subcommittee on Commerce, Justice and Science markup hearing.

“The President’s proposal to cancel Constellation will forfeit America’s leadership in space and possibly cut thousands of jobs across Alabama and the nation. After 6 months, Congress is still not comfortable moving forward with the President’s plan and many of my colleagues on both side of the aisle agree that the Appropriations Committee must reject this proposal.”

“Since the announcement of the President’s proposal to cancel Constellation, NASA has cancelled the awarding of contracts or put on hold parts of numerous contracts. I believe that these actions regarding Constellation are, very likely, a violation of a clause in the FY2010 Consolidated Appropriations Act of 2009, which says that NASA cannot terminate the current Constellation program without Congressional approval.”

“The final, two-thirds of the GAO investigation will be complete in a few weeks and I greatly anticipate its findings. The report will answer if NASA has violated law and address whether NASA has misapplied the Anti-Deficiency Act as a way of choking the life out of the Constellation program. As of June 21, some $890 million of Exploration funds had not been released and this could be a violation of the Impoundment and Control Act.”

“I believe that we must fund NASA in a way which ensures that America’s space program remains a World leader in technology and access to space. Other than some support for the ongoing Commercial Orbital Transportation Services (COTS) cargo contracts, this CJS bill refuses to adopt the President’s plan. Our Committee still has important work to do on NASA’s budget and I look forward to working further with my colleagues and the authorizing committee.”

Yesterday, Congressman Aderholt introducing a bill titled the “Protecting Human Space Flight Act of 2010.” This bill would force NASA to stop the suspension or expiration of Constellation contracts until Congress votes on the President’s proposal to cancel the Constellation program. The bill does not take any congressional action on FY2011 space policy or funding. At the time of the CJS markup, there were 14 cosponsors of the bill.

In March, Congressman Robert Aderholt (R-AL) led several lawmakers in requesting that the Government Accountability Office (GAO) investigate whether NASA’s actions regarding the Constellation program, as well as the extent to which it is working on a new, unauthorized plan, violates law. GAO’s first reply of a 2-part response, confirmed that, even though NASA hadn’t violated law by its planning activities, its employees had devoted a significant amount of time, roughly 13,000 staff hours of high-level employees, on a plan which Congress has not approved yet.

GAO’s stern response was a reminder to NASA that its planning activities should not materialize into the creation or initiation of a new program, activity or project before Congress approves it. Within the next 45 days, GAO will complete phase 2 of its report, investigating whether NASA is improperly withholding funds (violating the Impoundment and Control Act), and improperly applying the Anti-Deficiency Act as a means of chilling progress on Constellation work.

According to the FY2010 “Consolidated Appropriations Act of 2009” (H.R.3288), which passed the House on December 10th, the Senate on December 14th, and signed into law on December 16, 2009, NASA cannot terminate the current Constellation program, without Congress Congressional approval.

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