Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, July 13, 2006

NSA: A Contract Method To Track NSA Violations

How to Deny Funding For Illegal Things: Congress doesn't realize what it did with this Amendment:
An amendment to prohibit the use of funds from being made available to provide award fees to any defense contractor for performance that does not meet the requirements of the contract concerned.

Link backup: With temporary files, unable to directly link: Choose "Amendments", then select [ H.AMDT.1060 ]

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By denying award fee funds to contractors who don't meet the contract requirements, Congress has punched a hole in the NSA illegal activity.

When a contract is drafted, there is a universal Federal Acquisition Requirement that the conduct and program activity only be for legal things.

Given that the FISA-violating contracts related to the illegal NSA surveillance are, just that . . .illegal, the contractor has a problem:

  • By complying with the contract, it's violating the law;

  • If it refuses to comply with the contract, it loses its award fee.

    What you can do

    Let your friends know that because the Congress voted to deny funds for non-performance, there has to be a public review of whether those funds are or are not expended.

    Translation: The House Judiciary Committee has a budget-related mechanism to track whether DoD is or is not complying with the Amendment.

  • If the funds are expended, then we can presume NSA and the contractor have jointly agreed to violate the law, warranting a review as to why money is being spent on illegal things, in violation of Article 1 Section 9; however,

  • If the funds are not expended, we can presume the contractor has failed to perform, warranting the House Appropriations Committee and Congress to review.

    Either (unfavorable) result does not require access to classified information. DoD, NSA, and the NSA contactors are stuck.