Military contractors : legal status, oversight and security / Richard M. Quigly, editor.

Format:

Book

Contributor:

Quigly, Richard M.

Language:

English

Subjects (All):

Defense contracts--United States.

Defense contracts.

Government contractors--Legal status, laws, etc--United States.

Government contractors.

Contracting out--United States.

Contracting out.

Iraq War, 2003-2011--Law and legislation.

Iraq War, 2003-2011.

Private security services--Law and legislation--Iraq.

Private security services.

United States--Armed Forces--Procurement.

United States.

Physical Description:

1 online resource (163 p.)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, c2009.

Language Note:

English

Summary:

The United States is relying heavily on private firms to supply a wide variety of services in Iraq, including security. In Iraq, private firms known as Private Security Companies (PSC) are providing security services such as the protection of individuals, non-military transport convoys, and buildings and other economic infrastructure.

Contents:

Intro

MILITARY CONTRACTORS:LEGAL STATUS, OVERSIGHTAND SECURITY

CONTENTS

PREFACE

CONTRACTORS'SUPPORT OFU.S. OPERATIONS IN IRAQ

INTRODUCTION AND SUMMARY

COSTS, FUNCTIONS, AND NUMBERS OF CONTRACTORPERSONNEL IN THE IRAQ THEATER

The U.S. Government's Obligations for ContractsPrincipally Performed in the Iraq Theater

Products and Services Provided by Contractors in the Iraq Theater

Counting and Tracking Contractor Personnel in the Iraq Theater

COMPARING PAST AND PRESENT USE OF CONTRACTORSDURING MILITARY OPERATIONS

PRIVATE SECURITY CONTRACTORS

Costs for Private Security Contractors and Subcontractors

Costs for PSC Personnel Compared with a Military Alternative

Number of PSC Personnel in Iraq

PSC Personnel Who Are Armed

LEGAL ISSUES ASSOCIATED WITH CONTRACTORPERSONNEL SUPPORTING U.S. OPERATIONS

Restrictions on the Use and Armingof Contractor Personnel

Military Authority over Contractor Personnel

Legal Status of Contractor Personnel

REFERENCES

PRIVATE SECURITY CONTRACTORS IN IRAQ:BACKGROUND, LEGAL STATUS,AND OTHER ISSUES*

ABSTRACT

INTRODUCTION

BACKGROUND

State Department and DOD Private Security Contracts[22]

Sources of Controversy

LEGAL STATUS AND AUTHORITIES

International Law

IRAQI LAW (INCLUDING COALITIONPROVISIONAL AUTHORITY ORDERS)

U.S. Law

ISSUES FOR CONGRESS

Need for and Suitability of Private Contractors[119]

Oversight and Control/Coordination Issues

Cost Issues

Implications for U.S. Foreign Policy

SELECTED LEGISLATION

S. 674 (Obama) - Transparency and Accountabilityin Military and Security Contracting Act of 2007

S. 1547 (Levin) - National Defense Authorization Act for FY2008.

H.R. 369 (Price) - Transparency and Accountabilityin Military and Security Contracting Act of 2007

H.R. 528 (Lynch) - Iraq Contracting Fraud Review Act of 2007

H.R. 663 (Blumenauer) - New Direction for Iraq Act of 2007

H.R. 897 (Schakowsky) - Iraq and AfghanistanContractor Sunshine Act

H.R. 1581 (Lantos) - Iraq Reconstruction Improvement Act of 2007

H.R. 1585 (Skelton) - National Defense Authorization Act for FY2008

H.R. 2740 (Price) - MEJA Expansion and Enforcement Act of 2007

H.Res. 97 (Murphy, Patrick) - Providing for OperationIraqi Freedom Cost Accountability

REBUILDING IRAQ: DOD AND STATE DEPARTMENTHAVE IMPROVED OVERSIGHT AND COORDINATIONOF PRIVATE SECURITY CONTRACTORS IN IRAQ,BUT FURTHER ACTIONS ARE NEEDED TOSUSTAIN IMPROVEMENTS*

ABBREVIATIONS

RESULTS IN BRIEF

DOD AND THE STATE DEPARTMENT HAVE INCREASED OVERSIGHTEFFORTS REGARDING PSCS, BUT STAFFING AND TRAININGCHALLENGES REMAIN FOR DOD

Multi-National Force-Iraq Has established anOffice to Provide Oversight over DOD PSCs in Iraq

DOD Has Consolidated and Strengthened Its PSC Oversight Guidanceby Requiring Further Incident Investigation

DOD HAS INCREASED THE NUMBER OF PERSONNEL DEVOTED TOCONTRACT MANAGEMENT AND OVERSIGHT, BUT IT IS UNCLEARWHETHER THE INCREASE CAN BE SUSTAINED

Units Continue to Deploy to Iraq without Trainingon Increased PSC Oversight Responsibilities

The State Department Has Begun to IncreaseIts Oversight Efforts in Iraq

COORDINATION, INCLUDING INTERAGENCY COORDINATION,RELATED TO PSCS IN IRAQ HAS IMPROVED

Interagency Coordination Has Improved between DOD and the Department ofState and between the U.S. Government and the Government of Iraq

Multi-National Corps-Iraq Has Createda Group of Operations Centers to CoordinateMovement of DOD and State PSCS.

The Department of Defense and Department of State HaveDeveloped a Memorandum of Agreement to Improve Coordination of PSCs in Iraq

AN OVERVIEW OF THE LEGAL FRAMEWORK FORHOLDING PRIVATE SECURITY CONTRACTOR EMPLOYEESACCOUNTABLE FOR THEIR ACTIONS IN IRAQ

U.S. Laws May Be Applied Extraterritorially in Certain Instances

MEJA Applies to Contractors Supporting DOD's Mission Overseas

Certain Contractors May Be Subject to Prosecution under the UCMJ

PSCs in Iraq Operate under the Law of the Government of Iraq

Contract Provisions also Regulate Contractor Behavior

CONCLUSION

RECOMMENDATIONS FOR EXECUTIVE ACTION

AGENCY COMMENTS AND OUR EVALUATIONS

APPENDIX I: SCOPE AND METHODOLOGY

APPENDIX II:IMPLEMENTATION STATUS OF RECOMMENDATIONSFROM THE SECRETARY OF STATE'S PANEL ONPERSONAL PROTECTIVE SERVICES IN IRAQ

APPENDIX III: COMMENTS FROM THE DEPARTMENT OF DEFENSE

APPENDIX IV: COMMENTS FROM THE DEPARTMENT OF STATE

GAO COMMENTS

GAO'S MISSION

MEMORANDUM TO MEMBERS OF THECOMMITTEE ON OVERSIGHT ANDGOVERNMENT REFORM

BLACKWATER SHOOTING INCIDENTS

STATE DEPARTMENT RESPONSES

COSTS TO TAXPAYERS

I. BLACKWATER'S FEDERAL CONTRACTS

II. BLACKWATER'S ESCALATION OF FORCE INCIDENTS

III. STATE DEPARTMENT OVERSIGHT OF BLACKWATER

A. State Department's Response to the Christmas Eve Shooting

B. A1 Hillah Incident

C. Contract Terminations

III.COSTS TO THE TAXPAYER

IV. CONCLUSION

TESTIMONY

CONTRACTOR ROLE IN DETAINEE INTERROGATIONS

STATUS OF LEGAL ACCOUNTABILITY JURISDICTIONOVER DEPLOYED CONTRACTORS

STATUS OF EFFORTS TO IMPLEMENTSECTIONS 861 AND 862 OF THE 2008 NDAA

INDEX.

Notes:

Includes previously published Congressional documents.

Includes bibliographical references and index.

ISBN:

1-61470-310-8

OCLC:

776660820