Issue Position: Contracting

Issue Position

The United States needs to end its over-reliance on private, for-profit contractors without whom our military and intelligence community could not function. There are as many contractors as there are uniformed military personnel in both Iraq and Afghanistan. I am one of the few members of Congress who has focused particularly on the over 27,000 armed private security contractors in Iraq and Afghanistan who work for companies like the infamous Blackwater. Time and again, the cowboy-like behavior of these private contractors -- or mercenaries -- has endangered the men and women or our armed forces, damaged our relationships with foreign governments, and threatened our mission. To date, they have literally been able to get away with murder. Contractors are not subject to the same rigorous standards of behavior and conduct as are members of our armed forces, and they operate outside the traditional military chain of command, answering to a corporation, not a uniformed commander.

The Stop Outsourcing Security Act

I believe we should stop contracting out vital security tasks in war zones. Our reliance on contractors is extremely dangerous. The reality is that the people of Iraq and Afghanistan don't distinguish between contractors and the U.S. military. The name "Blackwater" has become such a flashpoint for the worst of contractor abuses that there have been reports of popular demonstrations against the company in Pakistan. Relying on companies like this is completely counter to our efforts to win "hearts and minds" in Afghanistan and Iraq.

That is why I have introduced the Stop Outsourcing Security Act (SOS), which would phase out all U.S. government-hired private security contractors war zones. For additional information about the SOS Act, click here.

Some of my key actions on contracting:

Added an amendment to the FY2011 National Defense Authorization act to improve government oversight of contractors. Passed in May 2010, my amendment requires the Special Inspector General for Afghanistan Reconstruction to report to Congress on existing contractor oversight and make recommendations for increasing oversight and preventing contractors with a history of waste, fraud, and abuse from getting future contracts.

Added language in the FY 2010 Intelligence Authorization bill requiring a comprehensive report on the Intelligence Community's use of personal service contracts (contracts under which the contract personnel generally appear to be government employees). This provision is intended to give us a better picture of how much of our national security has been doled out to the lowest bidder.

Wrote a provision in the FY 2010 Intelligence Authorization bill preventing the CIA from hiring private contractors to interrogate detainees or prisoners in its custody. Interrogation is a critical government function, and far too much is at stake (including our commitment to fundamental human rights) to outsource this task.

Cosponsored H.R. 963, the Transparency and Accountability in Intelligence Contracting Act. This legislation places restrictions on the use of contractors by the Intelligence Community, and the use of private contractors for the arrest, interrogation, detention, or transportation or transfer of persons under government custody or control.

Cosponsored H.R. 4567, the Civilian Extraterritorial Jurisdiction Act of 2010. Introduced by Congressman David Price, this legislation explicitly establishes U.S. legal jurisdiction over civilian contractors employed overseas.

Sent a letter to Secretary Gates urging him not to award a $1 billion contract to Xe/Blackwater to train the Afghan National Police. Sent in March 2010, this letter was also signed by 20 of my colleagues in Congress, this letter responded to media reports that Blackwater was the frontrunner for a lucrative and critical Pentagon contract and urged Secretary Gates not to hire Blackwater or any of its subsidiary companies.

Sent a letter to Secretary Gates urging him to reduce the U.S. reliance on private security contractors. Sent in January 2010, my letter cited Congressional Research Service estimates that up 18% of the Pentagon's armed force in Iraq, and as much as 30% of the armed force in Afghanistan, are private contractors. I also expressed particular concern that the U.S. government continues to hire Blackwater, despite the company's history of abuse.

Sent letters to Secretary Clinton and Secretary Gates urging them to terminate their relationship with Blackwater. These letters were sent on August 6, 2009, immediately following serious allegations against Blackwater, including illegal arms smuggling, destruction of evidence, intentional deception of the State Department, and even that the company "encouraged and rewarded the destruction of Iraqi life." I urged both Secretaries to not enter into any further contracts with the company and to immediately review any existing contracts with Blackwater.

Sent a letter to the editor of the Wall Street Journal in response to an op-ed by Blackwater founder Erik Prince entitled "How Blackwater Serves America." Published on December 20, 2008, my letter disputes Prince's claim that Americans should "think of our staff as soldiers who re-enlist," emphasizing that Blackwater guards operate outside the structure of the military and do not wear the uniform of the United States.

Sent a letter, signed by 24 members of Congress, to conferees on the FY 2010 National Defense Authorization Act, urging them to protect contracting oversight provisions passed by the House. This letter, sent in September 2009, urged conferees to include my two contracting-related amendments (opening up access to the federal contracting misconduct database and requiring reporting on the number of contract oversight officers who are themselves contractors), as well as language to prevent contractors responsible for serious injury or death of government personnel from receiving bonuses.

Sent a letter to the Pentagon regarding the death of Adam Hermanson, a contractor working for the company Triple Canopy on a Department of Defense security contract. Hermanson died, apparently of electrocution, in his compound in Baghdad's Green Zone. My letter, sent on September 17, 2009, urged the Pentagon to fully investigate his death (including allegations that Triple Canopy misled his family) and to take steps to ensure that U.S troops and contractors employed by DoD in warzones do not face unnecessary risks.

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