HOLD FOR RELEASE 

UNTIL PRESENTED 

BY WITNESS 

December 1, 2010

Statement of 

The Honorable Elizabeth M. Robinson

Chief Financial Officer 

National Aeronautics and Space Administration 

before the 

Committee on Commerce, Science and Transportation 

United States Senate

Chairman Nelson and Members of the Committee, thank you for the opportunity to appear before you 

today to discuss the NASA Authorization Act of 2010 and how NASA is implementing direction in that 

Act, while NASA is operating under a FY 2011 continuing resolution. 

With the President’s signing the NASA Authorization Act of 2010 (P.L. 111-267), NASA has a clear 

direction and can begin making plans for moving the Agency forward. NASA appreciates the significant 

effort that has gone into advancing this bipartisan legislation, particularly efforts by the leadership and 

Members of this Committee. There are still details that the final FY 2011 appropriations outcome will 

provide but broad guidelines have now been enacted into law, making the road ahead much clearer. This 

is a time of excellent opportunity for NASA to shape a promising future for the Nation's space program. 

Today it is no longer a question of IF we will explore, but how.

The NASA Authorization Act of 2010 represents an important step forward in that, among other things, 

it: 

• Authorizes continued investment in Science and Aeronautics, including an increase to accelerate 

deployment of important Earth science observation satellites.

• Extends the International Space Station (ISS) to 2020 and makes funding available for the NASA 

Launch Support and Infrastructure Modernization Program.

• Supports current commercial cargo efforts and supports expanding commercial crew development 

activities. Facilitation of the Nation’s commercial spaceflight sector is a key component of the 

U.S. strategy to maintain safe and affordable space exploration capabilities throughout the next 

century. 

• Authorizes development of a heavy-launch vehicle and continues the development of a crew 

capsule that will transport astronauts to many exciting destinations beyond low-Earth orbit 

(LEO). 

• Authorizes a new space technology program that will provide cutting-edge, transformative 

technologies to support our future space exploration endeavors.

There is no doubt that this year has been a challenging one for the NASA workforce, both civil service 

and contractors. These men and women have been asked to put in long hours planning new missions for 

which funding was unknown, while at the same time, they were asked to steadfastly continue work on 

missions for which the future was uncertain or which were soon to be retired. Still, NASA’s workforce 
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rose to the challenge because they are people who make the impossible happen every day. They are to be 

commended for their outstanding accomplishments over this past year. And, based on enactment of the 

NASA Authorization Act of 2010, the NASA workforce can look forward to many accomplishments yet 

to come.

FY 2011 Continuing Resolution

As noted earlier, NASA is looking forward to the completion of the FY 2011 appropriations process, so 

that the Agency can begin the important new work authorized by Congress.

As with other Federal agencies, NASA is operating under the restrictions set forth by the FY 2011

Continuing Resolution (CR). While NASA is funded to continue work that was already underway on 

programs and projects across the Agency, work may not begin on “new starts,” which may prevent NASA 

from moving forward on elements of the new programs and projects outlined in the NASA Authorization 

Act of 2010. Implementation of the NASA Authorization Act of 2010 provisions during the period of the 

current CR must, as a general rule, rely on existing authority. Each of these must be assessed on a caseby-case basis, and must be individually and specifically tied to prior authorization and appropriations acts, 

legislative history, and budget requests. The NASA Office of General Counsel (OGC) is conducting this 

analysis on an ongoing basis, and we will keep the Committee informed of our progress. Attached to my 

testimony is an assessment by the OGC which outlines the legal issues that need to be considered, the 

conclusions that have been reached to date, and a timeline for evaluating and reaching a conclusion on the

critical initiatives in the NASA Authorization Act. To-date, however, NASA has not identified any 

particular activity authorized in the NASA Authorization Act of 2010 that would be considered a new 

start under guidelines set forth in the Government Accountability Office legal opinion issued on July 26, 

2010 (B-320091).

While work within Exploration may begin to address the provisions of the Authorization Act, the CR 

restrictions maintain prohibitions on program element terminations within the Constellation Program, 

which may eventually limit application of funding needed for key Exploration activities.

In general, NASA is following several principles as we proceed under the FY 2011 CR:

1. The current FY 2011 CR directs funding at the FY 2010 “current rate.” As such, NASA has 

released funds to all programs in proportion to FY 2010 enacted controls, generally at the 

appropriations account level.

2. Since a CR generally provides a lump sum for each appropriations account, the sub-allocations 

outlined in the Authorization Act become the controlling factor, and would continue to govern 

unless specifically modified by the final FY 2011 appropriations act.

3. Any provisions of the NASA Authorization Act of 2010 that affect NASA operations must be 

followed unless or until modified by an Appropriations Act. The one exception is Authorized 

provisions deemed to be “new starts,” if any, that were not funded by a previous appropriations 

bill, i.e. FY 2010 appropriations. (See item 4 below.)

4. All administrative and other provisions from the FY 2010 appropriation continue to apply and 

NASA cannot begin or resume activities that were not funded the previous year. The FY 2010 

Appropriations Act (Section 505) and the CR itself prohibit new starts and, other than continuing 

low-level planning activities, NASA is not providing funding for any activity that may be deemed 

a new start until a final FY 2011 appropriations bill is enacted. 
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5. Exploration work can begin to address direction included in NASA Authorization Act of 2010, so 

long as no program element terminations prohibited in the FY 2010 Omnibus Appropriation 

occur, and as long as NASA meets the restrictions outlined in item 4 above.

As programs proceed under CRs, NASA has been cognizant of what the House and Senate have included 

in their legislation with regard to the Agency, and we are reading the Authorization Act and the CR in 

concert wherever possible. NASA also continues to observe the FY 2010 Omnibus Appropriations 

limitations with regard to continuing work on Exploration activities during the period of the CR. When 

the final bills are adopted, NASA will have to apply constraints and funding levels in the final bill to the 

CR period. Therefore, during a long-term CR, NASA must generally reserve funding to accommodate 

potential new starts and differing funding levels in the final FY 2011 appropriations bill. 

It should be noted that NASA is also working to complete reporting requirements outlined in the NASA 

Authorization Act of 2010 as soon as possible. However, due to the lack of a final FY 2011 

appropriations act, NASA’s ability to complete some of those reports may be hampered and, as such, 

interim reports may become necessary. NASA will continue to keep this Committee apprised about our 

status on these reports, particularly if interim reports are required.

The FY 2011 CR and NASA’s Exploration Programs 

As noted earlier, the FY 2011 CR is especially challenging for NASA’s human spaceflight programs, 

particularly those currently managed by the Exploration Systems Mission Directorate (ESMD), as well as 

those that will be stood up once a final FY 2011 appropriation is received. A low-level planning effort is 

underway for robotic precursor and flagship missions, and commercial crew development efforts have 

been limited. Further complicating the matter is that the planning teams are working multiple planning 

scenarios for FY 2011, in anticipation of final appropriations outcomes.

On August 6, 2010, initial CR guidance was provided to ESMD programs. At that time, the most 

complete programmatic and funding information available for FY 2011 was contained in the pending 

Senate Appropriations Report. For that reason, NASA looked to the report to determine priorities and 

funding allocations at the program/project levels, while capping the total budget at the $3.746B FY 2010 

enacted level, consistent with the terms of the CR. 

For the period of the FY 2011 CR, the Agency determined that the monthly funding distribution during 

the CR period through December 3, 2010 should support spend rates consistent with fourth quarter FY 

2010 estimated cost levels. The Constellation Program was directed to place the additional funding on 

the prime contracts. (To date, all funds have been or are in the process of being placed on contracts.) 

Note that this monthly funding distribution during the CR will require significant adjustments post-CR to 

meet annual marks for FY 2011. 

When the NASA Authorization Act of 2010 became law, the Agency adjusted CR guidance to reflect 

authorized priorities and funding distribution, while continuing to use the FY 2010 enacted appropriations 

level to set the overall spending rate for exploration. Also at this time, ESMD performed a reassessment 

of labor allocations across the portfolio of authorized programs, resulting in a shift between “Large 

Developments” (i.e., current Constellation and authorized Space Launch System and Multi-Purpose Crew 

Vehicle development) and “Other Exploration” (i.e., current and authorized technology, research and 

commercial capability development), resulting in a revised labor allocation for Constellation, and an 

increase in the program’s annual mark from $2.265B to $2.308B (without labor). 
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On October 18, 2010, ESMD issued the following guidance to the Constellation Program: 

• The Constellation Program should not exceed a monthly rate of $243M a month through the 

period of the FY 2011 CR for procurement and travel. However, Constellation should plan to an 

annual control of $2.308 billion (the authorized level, less labor) for procurement and travel. 

• In FY 2011 execution during the CR, the following priorities that have been in place since the 

June re-plan are being used:

o Avoid termination of prime contracts and sustain current operations (and avoid workforce 

dislocations) to the maximum extent practicable;

o Continue development of critical capabilities, technologies, and commercial services; 

and, 

o Prioritize investments that support the initiatives under FY 2011 President’s budget 

request and the NASA Authorization Act of 2010. 

Since the $243M monthly funding level (without labor) for the current CR period was established, actual 

Constellation/Large Development spending during September and October has been ~$40M lower than 

planned. This means that the program faces no funding shortfall as the end of the initial CR period 

approaches. Under a full year CR scenario, to meet the total authorized level, monthly funding for 

Constellation/Large Developments would need to average ~$182M (without labor) for the remaining ten 

months of the fiscal year.

Work on the heavy lift launch vehicle and multi-purpose crew vehicle was authorized by the NASA 

Authorization Act of 2010, and can proceed without an FY 2011 appropriations bill because it is 

associated with NASA’s current Constellation Program. For example, on November 8, 2010, NASA 

announced the results of a Broad Agency Announcement issued in May with regard to Heavy Lift and 

Propulsion. As part of this competitive solicitation, utilizing approximately $7.5M in FY 2010 dollars, 

NASA selected 13 companies to conduct studies examining the trade space of potential heavy-lift launch 

and space transfer vehicle concepts. The BAA is focused on achieving affordability, operability, 

reliability and commonality at the system and subsystem levels with multiple users, including other 

Government, commercial, science and international partners.

Additionally, work on NASA’s successful Commercial Crew Development (CCDev) initiative, which 

was begun in FY 2010, continues. On October 25, 2010, NASA released a solicitation for CCDev2, 

seeking proposals to further advance commercial crew space transportation system concepts and mature

the design and development of elements of the system such as launch vehicles and spacecraft. Proposals 

are due December 13, 2010, and award of multiple Space Act Agreements is planned for March 2011 for 

terms of 12-14 months. However, the awards are contingent on FY 2011 appropriations.

Together, the CCDev1 and CCDev2 efforts will stimulate efforts within the industry to develop and 

demonstrate human spaceflight capabilities, which could lead to the development of commercial crew 

transportation systems – one of the highest priorities in the President’s FY 2011 budget request. NASA is 

cognizant of the restrictions included in the NASA Authorization Act of 2010 before we are authorized to 

proceed with a full-up commercial crew development competition, and we are developing our commercial 

crew plans based on those directives. We also are working in an expeditious manner to meet the 

associated reporting requirements outlined in the NASA Authorization Act of 2010.
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Other FY 2011 CR Implications

The following is a summary of how other NASA programs are operating under the restrictions imposed 

by the FY 2011 CR:

• Space Operations:

 Space Shuttle: Because the Shuttle continues to operate based on the FY 2010 rate under 

the FY 2011 CR, the program is able to meet all of its funding requirements during the 

first half of the fiscal year. 

 STS-135: If NASA is provided the funding, it would be able to support the flight of the 

STS-135 logistics mission to the International Space Station (ISS) as authorized under the 

NASA Authorization Act of 2010. To best manage workforce impacts, the Shuttle 

program needs to confirm approval to add the STS-135 mission by December 2010.

 NASA Launch Support and Infrastructure Modernization Program: Although the 

NASA Authorization Act of 2010 authorizes upgrades of the launch complex at Kennedy 

Space Center (KSC), NASA is waiting for the enactment of an FY 2011 appropriations 

bill to fund this activity. A team at KSC is preparing to start up this program upon 

receipt of funding. They will select and initiate a set of projects consistent with the 

Authorization Act direction to support the Space Launch System. A report outlining the 

implementation plan for this modernization program is due to Congress no later than 

February 2011. 

 ISS: Both the President’s FY 2011 budget request and the Authorization Act extended 

the ISS until at least 2020. Required activities to support ISS life extension will be 

performed under the FY 2011 CR and ISS research based on the FY 2010 budget also 

will continue during the CR. However, activities to increase ISS functionality will be 

delayed until FY 2011 funding is received. During the CR, SOMD will continue to plan 

to ramp up ISS user operations and to complete assembly of the ISS. Additionally, the 

Directorate will restructure the existing ISS utilization program into three primary 

components: 1) international partner uses; 2) NASA uses to enable future exploration; 

and, 3) U.S. uses by organizations other than NASA. This restructuring does not 

represent new research program content given that NASA has been pursuing ISS 

utilization in all three of these domains throughout the assembly period. Finally, SOMD 

plans to conduct a competitive acquisition for a cooperative agreement to manage a 

portion of the research on ISS. This initiative is a continuation of the existing research 

program under an alternate management structure that includes a “single Point Of 

Contact” for ISS research, consistent with specific Administration and Congressional 

guidance. The schedule for this initiative would lead to award of a cooperative 

agreement in the May 2011 timeframe pending the availability of funds within the FY 

2011 appropriation.

• Science: Plutonium-238 (Pu-238) has provided power for 26 different NASA missions that have 

flown over the years, missions that have been enabled with radioisotope power systems that 

require this particular fuel. The NASA mission to explore the solar system depends upon 

spacecraft that rely on Pu-238 to fuel their energy needs because solar power is not a practical 

option for many missions. NASA’s access to secure and reliable sources of Pu-238 is 

endangered. Russia has suspended implementation of its contract with the Department of Energy 

(DOE) for purchase of Russia’s remaining supplies of Pu-238. Our existing domestic stockpile of 

Pu-238 is not being replenished and is expected to be depleted before the end of the decade. 

NASA and DOE have submitted to the Congress a plan for restarting domestic production to 
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provide a reliable and secure supply of Pu-238. Specifically, the President’s FY 2011 budget 

request proposes $30M for this purpose, $15M in the request for DOE and $15M in the request 

for NASA. The NASA Authorization Act of 2010 authorizes NASA to pursue a joint approach 

with DOE beginning in FY 2011 toward restarting and sustaining the domestic production of Pu238. However, the FY 2011 CR does not fund NASA or DOE to initiate the authorized restart of 

domestic Pu-238 production. NASA and DOE will require appropriation of funds for FY 2011 

and beyond in order to keep the supply of Pu-238, and with it the Nation’s Planetary Science 

program, on track.

• Space Technology: While Space Technology planning continues during the FY 2011 CR, the 

Office of the Chief Technologist cannot fund this work until FY 2011 appropriations are enacted. 

This may have an impact on schedule given the time required to make awards once a final 

appropriation is received. NASA recently completed an analysis of the content of six Space 

Technology initiatives in the FY 2011 budget request: Space Technology Research Grants; 

NASA Institute for Advanced Concepts; Game-Changing Development; Franklin Small Satellite 

Subsystem Technology; Technology Demonstration Missions; and, Edison Small Satellite 

Missions. The NASA Office of the General Counsel concluded that they are continuations of 

existing initiatives from prior budget requests and program descriptions, with management 

consolidated in the Office of the Chief Technologist rather than managed across other Mission 

Directorates as was the prior practice. As such, continuation of these initiatives is not subject to 

the current CR restriction on “new starts,” and NASA could issue solicitations for these efforts, 

subject to final FY 2011 appropriations. 

Per direction contained in the NASA Authorization Act of 2010, the Office of the Chief 

Technologist has initiated a technology roadmapping activity to guide the Agency’s long-term 

technology needs and inform the National Space Technology policy called for in this Act. NASA 

will complete development of this strategic guidance through a national dialogue with industry, 

academia and other government agencies facilitated through the National Research Council. The 

Office of the Chief Technologist anticipates the release of 14 draft technology area roadmaps to 

the NRC and the public in December 2010.

• Aeronautics: The Aeronautics Research Mission Directorate (ARMD) has two new activities 

planned for FY 2011 that we are eager to move forward with: the Unmanned Aerial System 

(UAS) Integration in the National Airspace System (NAS) Project and the Verification and 

Validation (V&V) of Flight-Critical Systems sub-project, which is under the Aviation Safety 

Program’s System-Wide Safety and Assurance Technologies Project. Since these activities are 

new, ARMD can only engage in low-level planning activities until there is an enacted FY 2011 

appropriation. These programs will benefit two segments of the aviation community: the 

segment involved with UAS access to the NAS, and the Joint Planning & Development Office. 

Although there is stakeholder interest in both of these research activities, lasting detrimental 

effects are not expected as a result of a FY 2011 CR due to the long-term nature of the work. To 

address near-term issues, ARMD remediation options include delaying the start of these 

activities, which will in turn delay the benefits of research results. Additionally, ARMD may 

have to re-scope activities for FY 2011, depending on how long NASA must operate under a CR.

Human Exploration Planning Efforts

As noted earlier, the Agency is reading the NASA Authorization Act of 2010 and the CR in concert, and 

we are continuing to observe any restrictions on new starts. However, NASA is also continuing prudent 

planning efforts to integrate new Exploration work across the Agency so that we are ready to move out 
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once FY 2011 appropriations are received. In particular, NASA is continuing the efforts of the Human 

Exploration Framework Team (HEFT).

HEFT was chartered in April 2010 for the purpose of establishing a framework for human space 

exploration that defines the knowledge, capabilities and infrastructure that NASA needs to send people to 

explore multiple destinations in the Solar System in an efficient, sustainable way. HEFT is not a decision 

making body; it is intended to provide decision support to NASA senior leaders as they plan the 

spaceflight activities for human exploration beyond LEO. HEFT will inform NASA senior leadership by 

providing credible, consistent, coherent, and transparent analyses of all aspects of potential human 

spaceflight architectures. In addition to its Steering Council, HEFT includes an Integration Team and 

domain experts drawn from across NASA.

The near-term objective for HEFT is to provide analysis to NASA leadership for consideration; this 

analysis will integrate the options, related priorities, and architecture implications of potential decisions. 

Per the Administrator’s direction, HEFT is following three important principles in developing and 

analyzing architecture options; architectures must be:

(1) Affordable during development and operations; 

(2) Sustainable over multiple years; and,

(3) Feasible so that, in consultation with its international partners and our contractors, NASA knows 

that it can be achieved.

HEFT is seeking one or more human spaceflight architectures that “close” by satisfying key stakeholder 

expectations, including fitting within projected human spaceflight budget limits. This will enable NASA 

to proceed with developments that enable human exploration beyond LEO as soon as affordable, open up 

the inner solar system to human presence, and preserve planning flexibility deep into the future. The 

realization of any architecture option is, of course, subject to the availability of appropriated funds. 

The first phase of HEFT concluded in early September 2010, and the second phase will conclude in 

December 2010. A smaller HEFT effort may continue indefinitely since the human spaceflight technical 

and programmatic environment will continue to evolve. Ultimately, the goal for HEFT is to generate a 

process that evolves into a long-term, permanent NASA activity to support human spaceflight strategic 

planning.

Conclusion

Chairman Nelson and Members of the Committee, thank you for the opportunity to appear before you 

today to discuss the NASA Authorization Act of 2010 and how NASA plans to implement that direction. 

NASA appreciates all the hard work and effort that has gone into enacting this legislation. 

In the end, one thing is clear; even with the tremendous accomplishments of our past, NASA's best days 

are still ahead. NASA is at the beginning of a great adventure that will create opportunities and 

discoveries for generations and so, like you, NASA is eager to get started on that journey of exploration, 

both on our home planet and in the stars above.

I would be pleased to respond to any questions that you or the other Members of the Committee may 

have.