Senate Approves Brown-Ayotte; No Contracting with the Enemy Measure

Press Release

Date: Dec. 1, 2011
Location: Washington, DC
Issues: Defense

U.S. Senators Scott Brown (R-MA) and Kelly Ayotte (R-NH) announced tonight that key provisions of legislation they authored to keep taxpayer dollars out of the hands of America's enemies have been approved by the full Senate as part of the Fiscal Year 2012 National Defense Authorization Act (NDAA).

Senator Brown, with Senator Ayotte as the lead co-sponsor, introduced the "No Contracting With the Enemy Act" in February, aiming to make it easier for U.S. contracting officials to void contracts with contractors who funnel taxpayer resources to enemies of the United States, such as the Taliban. The NDAA now goes to conference with the House.

"The Senate's action today will give our Defense Department a critical tool in ensuring our tax dollars aren't being siphoned off by the enemies of the United States and used against us. The stronger oversight and ability to void bad contracts will directly benefit our troops on the battlefield. I thank Senator Ayotte for working with me nearly all year to advance this legislation and I look forward to the President signing it into law," said Senator Brown.

"Under no circumstances should American taxpayer dollars fall into the hands of our enemies," said Senator Ayotte. "Our contracting practices must reflect the reality that we are war, and this measure provides contracting officials with the flexibility they need to immediately stop the flow of money to insurgents. I have appreciated the opportunity to work with Senator Brown on this commonsense measure."

In its final report to Congress on the management of U.S. government contracting funds during the wars in Iraq and Afghanistan, the Commission on Wartime Contracting found that as much as $60 billion has been wasted or misspent, and that the second largest source of income for insurgents is U.S. contracting dollars. The Commission's report, released in September, was part of a series of investigations that found U.S. taxpayer money had been indirectly funneled to corrupt powerbrokers and insurgents.

At a meeting of the Senate Armed Services Committee in February, on which Brown and Ayotte serve, General David Petraeus highlighted the urgency of legislation that would achieve the goals of the Brown-Ayotte bill, testifying that it was needed "the sooner the better."

In Senator Brown's role as the ranking member of the Subcommittee on Contracting Oversight of the Homeland Security and Governmental Affairs Committee, he has held hearings with the Special Inspector General for Afghanistan and other Inspectors General about the need to cease the flow of American funds to the enemy.


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