National Space Society Opposes HR 3625

The Washington DC-based National Space Society (NSS) strongly opposes the passage of House of Representatives bill HR 3625. This bill would (a) require NASA to obtain legislative permission to cancel four of its most expensive human spaceflight and science programs, and (b) allow contractors for these programs to have immediate access to hundreds of millions of dollars in funds which currently are held in reserve to pay the government’s obligations in the event of such termination. The four covered programs are the Space Launch System, the Orion crew capsule, the James Webb Space Telescope (JWST), and the International Space Station.

Ordinarily, government agencies like NASA have the right to terminate a project if it no longer appears necessary or cost effective, provided it pays “termination liability costs” which are sometimes provided for in such contracts. It is unusual to require an act of Congress in order to stop a program. As a practical matter, getting Congress to pass such an act would be extremely difficult.

Consequently, if HR 3625 is enacted, even after the responsible agency determined that a project was no longer useful, contractors would continue to get millions of dollars for unnecessary and unwanted programs until such a time as Congress passed a bill specifically calling for the cancellation of the project and allocating the funds required for program termination.

“The ability to cancel a program for convenience is essential to allow the government to deal with changing circumstances,” said NSS Executive Vice President Paul Werbos. “Requiring explicit Congressional approval to terminate a program for convenience represents a significant shift in power between the Executive and Legislative branches of government that should not be taken lightly.”

National Space Society Position Statement on HR 3625
December 2013

The National Space Society (NSS) opposes passage of HR3625, which was approved December 11, 2013 by the House Science, Space and Technology Committee. This bill, if approved by the full House and Senate, would have the impact of requiring that funds currently reserved for termination costs in the case of program cancellation for convenience be immediately spent on a short list of named programs. HR3625 also states that NASA cannot cancel these programs without Congress first passing a law to that effect.

Although this may initially sound like a good idea, HR3625 violates standards of professional program management and creates a special class of NASA programs that may be more difficult to cancel in the future. As a result, potential termination actions could focus on other NASA programs that are not covered by this Act. Additionally, HR3625 sets a bad example for management across the entire US government, and may lead to further attempts to create a wide range of specially protected programs. All NASA, and all government programs, are normally evaluated regularly on their merits by both executive and legislative branches. Although it is probable that HR3625 would have minimal impact on termination-for-cause actions that derive from poor performance, it would add additional obstacles to termination-for-convenience actions and make such actions more difficult. Finally, this bill potentially could create a “moral hazard” — a precedent encouraging companies to take additional risks if they felt a covered program would be more difficult to terminate.

Share:

Facebook
Twitter
Pinterest
LinkedIn
National Space Society

National Space Society

Leave a Comment

Search
Categories
future 1

Don't Miss a Beat!

Be the first to know when new articles are posted!

Follow Us On Social Media

JOIN THE
GREATEST ADVENTURE

Give The Gift Of Space: Membership For Friends and Family

Book Review

Archives

ISDC 2024:
A NEW SPACE AGE

International Space Development Conference May 23rd-26th, 2024

FEATURED BLOG

Image of Kalpana One space settlement courtesy Bryan Versteeg, spacehabs.com $32,000 in Cash Awards Given for Best Space-Related Business Plans — Deadline March 1, 2024

Category: Nonfiction Reviewed by: John J. Vester Title: Nuclear Rockets: To the Moon and Mars Author: Manfred “Dutch” von Ehrenfried Format: Paperback/Kindle Pages: 270 Publisher:

Partially Successful Flight Reached Space and Demonstrated New “Hot Staging” System The National Space Society congratulates SpaceX on the second test of its Starship/Super Heavy

Ad Astra, the NSS quarterly print, digital, and audio magazine, has won a 2023 MARCOM Gold Award. The awards are given yearly for “Excellence in

By Jennifer Muntz, NSS Member Coordinator On October 10th, an inspiring breakfast event took flight at the Center for Space Education at the Kennedy Space

By Grant Henriksen NSS Policy Committee Benefit sharing is a concept that refers to the distribution of benefits derived from the exploration and use of

People residing and working in space, space settlements, or on long-duration space flights will need to produce infrastructures and food to maintain healthy lifestyles. The

Image: Artist’s concept of the Blue Moon lander. Credit: Blue Origin. Second Human Landing System Contract Encourages Competition and Innovation The National Space Society congratulates