Aderholt Asks GAO To Investigate NASA's Constellation Activities

Press Release

Congressman Robert Aderholt (R-AL) on Friday wrote a letter to the Government Accountability Office (GAO) asking for an investigation into 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.

On February 1, 2010, the President Obama Administration announced its FY2011 Budget, which proposes to eliminate the NASA Constellation program. Since that time, NASA has cancelled or put on hold numerous contracts which were a part of the regular, FY10 work for the Constellation program, despite the fact that Congress must first approve its termination before it becomes final policy.

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 passing law to provide or end funding for such programs.

The exact language of the bill reads, "…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 appropriation Acts."

This language requires the Administration to wait for Congressional approval prior to changing any plans to Constellation. Since the "initiation" of a new plan is also prohibited, Congressman Aderholt's letter also raises the question of whether the use of staff time represents an initiation of a new plan rather than simply planning activities.

Since the announcement of the President's proposal to end human space flight, Congressman Aderholt has worked with a bipartisan group of lawmakers to stop the plan and hold the Administration accountable to its activities relating to NASA and any policy change.

On February 12th, Congressman Aderholt was joined by 28 House lawmakers in asking NASA Chief Charles Bolden to confirm or deny reports that NASA was prematurely beginning the process of ending the Constellation program, and raised the issue of whether NASA's refusal to spend FY10 funds on the Constellation program represents a violation of law (the Impoundment Act). On February 24th, Congressman Aderholt pressed President Obama's top science and technology advisor, Dr. John P. Holdren, during an Appropriations subcommittee, on the Administration's plan to end Constellation. Aderholt will have the opportunity to directly address NASA Administrator Charles Bolden, as he is expected to testify before the House CJS Subcommittee on Appropriations the week of March 22nd.

Congressman Aderholt's Friday request for investigation is specifically addressed to GAO Comptroller General Mr. Gene L. Dodaro. The Government Accountability Office (GAO) is the nonpartisan audit, evaluation, and investigative arm of the United States Congress.

Congressman Aderholt serves on the powerful House Appropriations Committee, as a member of the Commerce, Justice and Science Subcommittee, which is responsible for funding NASA.

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