Feral Jundi

Thursday, September 24, 2009

Legal News: Some Thoughts on HR 3571

Filed under: Legal News — Tags: , , , , , , , — Matt @ 12:09 PM

There was a 19 % increase (from 10,743 to 13,232) of armed DoD PSCs in Iraq compared to the 2nd quarter FY 2009 census. This increase can be attributed to an increased need for PSCs to provide security as the military begins to drawdown forces and to our continued improved ability to account for subcontractors who are providing security services. 

. There was a 20% increase (from 4,111 to 5,165) of armed DoD PSCs in Afghanistan compared to the 1st quarter FY 2009 census. The increase correlates to the build up of forces in that AOR. -Contractor Support of U.S. Operations in USCENTCOM AOR, Iraq, and Afghanistan, June 30,2009

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   There is a lot of talk in the anti-defense industry circles these days about HR 3571 and how it could apply to the removal of a lot of the big players in the defense industry.  You don’t hear about reforming the industry or anything, just the idiotic notion of eradicating the defense industry–national security be damned. I am sure our enemies are liking this one…Pffffft.

   The other thing to note, is that HR 3571 was created as a mechanism to defund ACORN.  I don’t think lawmakers intended on inadvertently defunding the entire defense industry. It is all about the intent people, and the intent to do such a thing is not there.

    It’s as ridiculous as saying that the entire medical industry should be shut down, because every major company in the medical industry has had a lawsuit filed against it, and there is a law supporting the legal authority to do so.  How many folks would die, because of the literal translation of the law?  Intent comes to mind, and having a strong defense industry is absolutely vital to National Security.

    To me, this is more of the ‘burn the village down’, and ‘throw the baby out with the bath water’ politics from this crowd.  You guys would be better suited on seeking some kind of middle ground by supporting legislation that reforms the defense industry.  You will not make this industry go away, and the best thing you could do is work on making it accountable and providing sensible solutions for making it accountable. The literal translation of this legislation, is dangerous and stupid. It is a threat to national security, and I will not support that, nor should any reasonable person who cares about the defense of their country.

   To me, this is all about the intent of the bill, and I see nothing in this bill that indicates that congress wanted to go after the defense industry. Yet because it was broadly written, the anti-war crowd feels like it could be applied as such to the defense industry. Pee shaw.  Matter of fact, the bill is plastered with language about defunding ACORN, and if the bill is used to go after the defense industry, it will probably be shut down by the commander in chief through whatever mechanism our government has to do so.

    Obama has a little thing called Afghanistan and Iraq on his front burner, and a little bill called the Defund ACORN Act will not stop him from using contractors or the defense industry to prosecute this war…..Period. (please note the statistics up top) –Matt

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H.R.3571 – Defund ACORN Act

To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain indicted organizations.

Display Version

    Introduced in House

HR 3571 IH

111th CONGRESS

1st Session

H. R. 3571

To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain indicted organizations.

IN THE HOUSE OF REPRESENTATIVES

September 15, 2009

Mr. BOEHNER (for himself, Mr. CANTOR, Mr. PENCE, Mr. ISSA, Mr. ADERHOLT, Mr. AKIN, Mr. ALEXANDER, Mrs. BACHMANN, Mr. BACHUS, Mr. BARRETT of South Carolina, Mr. BARTLETT, Mr. BILIRAKIS, Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. BLUNT, Mr. BONNER, Mrs. BONO MACK, Mr. BOOZMAN, Mr. BOUSTANY, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. BROWN of South Carolina, Mr. BURTON of Indiana, Mr. BUYER, Mr. CALVERT, Mr. CAMP, Mrs. CAPITO, Mr. CARTER, Mr. CHAFFETZ, Mr. COFFMAN of Colorado, Mr. COLE, Mr. CONAWAY, Mr. CULBERSON, Mr. DAVIS of Kentucky, Mr. DENT, Mr. DREIER, Mr. DUNCAN, Mr. EHLERS, Ms. FALLIN, Ms. FOXX, Mr. FRANKS of Arizona, Mr. GALLEGLY, Mr. GARRETT of New Jersey, Mr. GERLACH, Mr. GOODLATTE, Ms. GRANGER, Mr. GRAVES, Mr. HARPER, Mr. HELLER, Mr. HENSARLING, Mr. HERGER, Mr. INGLIS, Mr. SAM JOHNSON of Texas, Mr. JONES, Mr. JORDAN of Ohio, Mr. KING of New York, Mr. KINGSTON, Mr. KLINE of Minnesota, Mr. LAMBORN, Mr. LANCE, Mr. LATOURETTE, Mr. LATTA, Mr. LEE of New York, Mr. LEWIS of California, Mr. LINDER, Mr. LOBIONDO, Mr. LUETKEMEYER, Mrs. LUMMIS, Mr. DANIEL E. LUNGREN of California, Mr. MACK, Mr. MARCHANT, Mr. MCCAUL, Mr. MCCARTHY of California, Mr. MCCOTTER, Mrs. MCMORRIS RODGERS, Mr. MCHENRY, Mr. MCKEON, Mr. MILLER of Florida, Mrs. MILLER of Michigan, Mr. MORAN of Kansas, Mrs. MYRICK, Mr. NEUGEBAUER, Mr. OLSON, Mr. PAUL, Mr. PETRI, Mr. PLATTS, Mr. POSEY, Mr. PUTNAM, Mr. RADANOVICH, Mr. ROGERS of Alabama, Mr. ROGERS of Kentucky, Mr. ROSKAM, Mr. ROYCE, Mr. SCALISE, Mr. SESSIONS, Mr. SHIMKUS, Mr. SHUSTER, Mr. SIMPSON, Mr. SMITH of Texas, Mr. SOUDER, Mr. SULLIVAN, Mr. TERRY, Mr. TIBERI, Mr. TIAHRT, Mr. THOMPSON of Pennsylvania, Mr. TURNER, Mr. UPTON, Mr. WALDEN, Mr. WAMP, Mr. WESTMORELAND, Mr. WHITFIELD, Mr. WILSON of South Carolina, Mr. WOLF, Mr. YOUNG of Florida, and Mrs. BIGGERT) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To prohibit the Federal Government from awarding contracts, grants, or other agreements to, providing any other Federal funds to, or engaging in activities that promote certain indicted organizations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Defund ACORN Act’.

SEC. 2. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT TO CERTAIN INDICTED ORGANIZATIONS.

(a) Prohibitions- With respect to any covered organization, the following prohibitions apply:

? (1) No Federal contract, grant, cooperative agreement, or any other form of agreement (including a memorandum of understanding) may be awarded to or entered into with the organization.(2) No Federal funds in any other form may be provided to the organization.(3) No Federal employee or contractor may promote in any way (including recommending to a person or referring to a person for any purpose) the organization.

(b) Covered Organization- In this section, the term ‘covered organization’ means any of the following:

 (1) Any organization that has been indicted for a violation under any Federal or State law governing the financing of a campaign for election for public office or any law governing the administration of an election for public office, including a law relating to voter registration.(2) Any organization that had its State corporate charter terminated due to its failure to comply with Federal or State lobbying disclosure requirements.(3) Any organization that has filed a fraudulent form with any Federal or State regulatory agency.(4) Any organization that–

? (A) employs any applicable individual, in a permanent or temporary capacity;(B) has under contract or retains any applicable individual; or(C) has any applicable individual acting on the organization’s behalf or with the express or apparent authority of the organization.

(c) Additional Definitions- In this section:

 (1) The term ‘organization’ includes the Association of Community Organizations for Reform Now (in this subsection referred to as ‘ACORN’) and any ACORN-related affiliate.

(2) The term ‘ACORN-related affiliate’ means any of the following:

? (A) Any State chapter of ACORN registered with the Secretary of State’s office in that State.(B) Any organization that shares directors, employees, or independent contractors with ACORN.(C) Any organization that has a financial stake in ACORN.(D) Any organization whose finances, whether federally funded, donor-funded, or raised through organizational goods and services, are shared or controlled by ACORN.

? (3) The term ‘applicable individual’ means an individual who has been indicted for a violation under Federal or State law relating to an election for Federal or State office.

(d) Revision of Federal Acquisition Regulation- The Federal Acquisition Regulation shall be revised to carry out the provisions of this Act relating to contracts.

Link Here

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