
In 2007 Congress passed legislation that I introduced designed to improve Department of Defense tracking of private security personnel, require the registration of contractor vehicles, and create a system to report incidents and ensure that they are independently reviewed. This legislation also requires that contractors fully meet their obligation to comply with U.S. law, and improves contractor interactions with the military and Iraqi nationals.
In 2008, I cosponsored an amendment that extends the wartime statute of limitations in cases where Congress has authorized the use of military force, making it easier to prosecute fraud in places like Iraq and Afghanistan. This amendment was incorporated in the fiscal year 2009 defense authorization bill that was signed into law by the president October 14, 2008.
The Commission on Wartime Contracting, established in 2008 as the result of legislation I introduced with Senator Claire McCaskill, is also tasked to study and make recommendations concerning wartime contracting for security functions in Iraq and Afghanistan. It has held public hearings and issues several special reports. Its final report to Congress will be issued in 2011 at the end of its three-year mandate.
In October 2008 I wrote Secretary of Defense Gates to voice concern over reports that the U.S. Central Command planned to pay private contractors $300 million over three years to write news stories and other information for Iraqi media. I asked that no funds be expended on this contract for information operations until it could be reviewed. Secretary Gates agreed and placed a hold on renewing the contract.
In November, I met with Admiral Michael Mullen, the chairman of the Joint Chiefs of Staff, and General David Petraeus, the commander of the U.S. Central Command, to discuss my concerns. General Petraeus subsequently requested the Department of Defense Inspector General to conduct audits to determine that these contracts were awarded in full compliance with Federal Acquisition Regulations (FAR).
In August 2009, Admiral Mullen confirmed that the contract was in accordance with the FAR and other legal authorities, but its language did not clearly differentiate between psychological operations and public affairs. As a result, the contract was judged to lack sufficient oversight and allowed to expire without renewal. The Central Command also instituted strengthened contracting measures and the Senate Committee on Armed Services added more oversight provisions in the defense authorization bills for fiscal year 2010 and 2011.
I meet regularly with senior officials in the Department of Defense to discuss these and other concerns as part of my effort to strengthen congressional oversight, increase transparency and accountability, and restore a more proper balance in the relationship between the Congress and the Executive Branch.