Senator Hutchison Lashes Out at NASA Leadership

Senator Kay Bailey Hutchison (R-TX), ranking member of the Senate Commerce, Science, and Transportation Committee, issued a press release today taking NASA to task for the actions outlined in Administrator Bolden’s June 9 letter to Members of Congress. That letter describes NASA’s plans to scale back Constellation program activities because of funding shortfalls in FY2010. It also informs Congress that the agency reminded Constellation contractors of their obligations to absorb termination costs if the program is cancelled as President Obama proposes, with potential layoffs of 2,500-5,000 workers before the end of the fiscal year.

“The leadership of the world’s preeminent space agency has strained its credibility to the breaking point and something has to change,” she said. Among her complaints is the timing of NASA’s action. She points out that a bill (the FY2010 Supplemental Appropriations bill, H.R. 4899) recently passed the Senate that “clearly affirms Congressional direction that work [on Constellation] should continue.” The language in the Senate version of H.R. 4899 states that funds made available for Constellation in FY2010 and prior years “shall be available to fund continued performance of Constellation contracts” and NASA may not terminate those contracts “for convenience.” The FY2010 Consolidated Appropriations Act (P.L. 111-117) already prohibits NASA from spending funds to cancel Constellation or initiate a new program until directed to do so by Congress in a subsequent appropriations act.

It should be noted that under the WARN Act (Worker Adjustment and Retraining Notification Act, P.L. 100-379), in certain circumstances contractors must give 60 days notice to workers before layoffs can occur. With only three and a half months remaining in the fiscal year, if the WARN Act applies contractors would have to send out notifications soon, which might also have a bearing on the timing of NASA’s actions. Constellation supporters argue that NASA should not be cutting back on Constellation funding at all while Congress continues to debate the President’s proposal.