mation was presented, so please be mindful of anything you might say based on what you heard in the closed briefing. Again, we welcome our witnesses. Thank you for being here. And we are looking forward to your remarks. And we will take your whole text for the record, but I would ask you to keep your pre- pared remarks fairly brief so that we can get to our questions. And now I would like to turn to my colleague, Mr. Akin, our ranking member, for any opening remarks that he might have. [The prepared statement of Mr. Meehan can be found in the Ap- pendix on page 69.] STATEMENT OF HON. W. TODD AKIN, A REPRESENTATIVE FROM MISSOURI, RANKING MEMBER, OVERSIGHT AND IN- VESTIGATIONS SUBCOMMITTEE Mr. AKIN. Thank you, Mr. Chairman. And thank you to our witnesses for taking time to join us. And I think today's hearing is starting to come toward ti of our hearing overall study of how things are going in training the Iraqi Security Forces, and particularly the focus today is on con- tractors and how the contractors help to fill this critical mission, particularly building the Iraqi Security Forces. Specifically, I am interested in how we use contractors for train- ing the Iraq police services. And it seems to be that the police area is one that we need to pay some particular attention to and under- stand what is going on there, for no other reason, the police, as sort of a new idea, I suppose, to the Iraqis. The U.S. government's reliance on contracts raises a second, re- lated issue that has come up indirectly a number of times over the course of our investigation. I am referring to the challenge of effec- tive interagency participation in Iraq. Today's hearing should shed light on how agencies other than Department of Defense have and inue to contribute to the development of the ISF, in particular, and improving the overall situation in Iraq in general. Winning this war requires the application of all elements of na- tional power; we must be able to tap into a wide-ranging expertise resident across the U.S. Government. It seems to me that both the State and Justice Departments rely on contractors to carry out missions that reside within their area of expertise, at least with respect to training local police. I would like our witnesses to comment on the rationale for this practice and the benefits and drawbacks of using contractors in Iraq. Finally, I want to comment on one specific contract matter. Use of contractors in theater is a complicated situation. When contrac- tors are embedding in the U.S. police transition teams, as in the case of the international police liaison officers, an already com- plicated matter turns into a matter of concern. I am curious about the guidance we give these contractors with respect to co and control, personal security, and logistical support. I look forward to the witnesses elaborating on some of these points. And, once again, thank you all for joining us. And thank you, Mr. Chairman. [The prepared statement of Mr. Akin can be found in the Appen- dix on page 71.] Mr. MEEHAN. Thank you, Mr. Akin. ment Agency (DEA), Alcohol, Tobacco, & Firearms Bureau (ATF), and the U.S. Marshals. I might also note that even the most effective police will not be successful if the rest of the criminal justice system is broken. We are therefore providing substantial support to the criminal justice sector in concert with our interagency partners and contractors. Today, it also my pleasure to review the steps INL has taken to improve contract management and oversight. ČPATT and the mili- tary continue to set the overall requirements for the mission and exercise operational control over the police advisers and trainers that INL supplies. However, we are responsible for managing and overseeing our contracts with service providers and for monitoring our agreements with interagency partners. We have cooperated closely with the various inspectors general and have undertaken our own assessments, asset verifications, and audits to identify problems in management contract oversight. Nu- merous remedial measures to have already been taken, and we are constantly exploring ways to be more effective. In the past, the mission in Iraq has often outstripped our staffing and oversight capabilities, both domestically and in the field. Rec- ognizing this, we added 64 permanent positions, recently obtained approval from Embassy Baghdad to increase INL's permanent staffing from 4 to 20 people—4 are from a contract officer rep- resentatives—and created an entire contract support division for programs in Iraq, Jordan and Afghanistan, which consist of 15 em- ployees. We are also expanding our Washington-based Iraq pro- gram staff. We continue to strengthen internal controls, as well, in areas such as inventory oversight and performance reporting on property management. Statements of work are now more detailed provide contractors with specific requirements and performance standards. INL is improving our invoice files and significantly is actively reconciling all past payments made since the inception of our con- tracts in Iraq and Jordan, as well as Afghanistan. This is an inten- sive process, which includes the review of an estimated 2 million pages of supporting documentation, covering roughly $2.5 billion in contracts, that will require approximately 10 full-time staff mem- bers an estimated three years to complete, but I assure you we will recover any payments inconsistent with contract terms and condi- tions. The Department of State and INL are committed to promoting competition and have recently competed or are in the process of competing several of our Iraq contracts and task orders. We re- cently began the process of competing the task order for most of the personnel and related support INL provides in Iraq. Contractors are critical to implementing programs in Iraq and other crisis zones, but we recognize it is our duty to ensure that contracts are carefully monitored, as American lives and tax dollars are at stake. We have made significant progress in recent months, but this effort will require constant vigilance. Thank you. [The prepared statement of Ambassador Patterson can be found in the Appendix on page 74.] Mr. MEEHAN. Thank you very much. Lonciling all past prdan, as well a view of an esthlu$2.5 billion Turning now to the mission in Iraq, the United States Depart- ment of Justice has been involved, in terms of police training, po- lice development, from the very start in Iraq. Shortly after the fall of Baghdad, in May 2003, the Department of Justice criminal division deployed, with funding from INL, a se- lect team of 25 senior Federal law enforcement officials to assess the state of the justice system in Iraq. And the result of that as- sessment team was a comprehensive set of three reports regarding the police services, the corrections services, and the justice element of the country of Iraq. The ICITAP portion, the police training portion of that mission, stayed on and was critical in helping to stand up, from the start, the Irag police services, the border agency, and the corrections services. And from that day until the current time, ICITAP has been in the country of Iraq for the Department of Justice, working in three critical areas: police strategy, in terms of development and training; corrections, where, too, we have helped establish the strategy for the corrections services and implement it; and, finally, anti-corruption, where the Department of Justice, through ICITAP, has been extremely active in the Commission for Public Integrity. Our current staffing is four authorized slots for senior, full-time employees, Federal senior law enforcement agencies, and a number of contractor positions for each of these missions. And in each of these areas, corrections, police, anti-corruption, we have helped cre- ate and develop strategies; we have helped formulate training g cur- riculum, and provide that training curriculum; helped established and lead academies; and have participated under the direction of CPATT, in particular, in the training of tens of thousands of Iraqi police and correctional officers. I would be remiss, however, if I did not, in my third topic, point out that ICITAP's efforts, dramatic as they have been and, we be- lieve, as dedicated as they have been, are only part of the efforts undertaken by the Department of Justice, with regard to Iraq and the rule of law in Iraq. There are a number of Federal law enforcement agencies from the Department of Justice that have been involved, again, from the start in police training and police-related activities in Iraq. Among those are OPDAT, as mentioned, our overseas prosecutorial devel- opment office, which has deployed a number of assistant United States attorneys or other Federal prosecutors to serve both in the embassy in Baghdad, as rule of law advisers, and on the provincial reconstruction teams. Those advisers have helped mentor and train investigative judges and trial judges, have provided advice on both the structure and the implementation of the prosecutorial service, and have been instrumental throughout in building up the counterpart to the po- lice and correctional aspects of our work there. In addition, the United States Marshals service, again, often- times with funding from State and INL, has provided invaluable training, with regard to judicial security, witness security, and re- lated court personnel security matters, and is now engaged in help- ing to establish a similar marshals service in Iraq itself. The ATF, our alcohol, tobacco, firearms and explosives agency, has been involved in training, with regard to explosives and 10 STATEMENT OF COL. ANITA M. RAINES, CHIEF, LOGISTICS SERVICES DIVISION, J4 DIRECTORATE, JOINT STAFF, U.S. DEPARTMENT OF DEFENSE Colonel RAINES. Good morning, sir. Chairman Meehan, Congressman Akin, and members of the com- mittee, thank you for the opportunity to appear before you today to discuss contracting issues related to the Iraqi and Afghan secu- rity forces. To put my testimony into context, I am speaking to you today as the chief of the logistics services division within the J4 lo- gistics directorate of the Joint Staff. As a career multifunctional logistician, I have served as the divi- sion chief for six months and have supervisory responsibility for 's primary functions, which include mortuary affairs, base camp services, and contracting. We serve as the combatant command's advocate and integrator for these joint functions within the Joint Staff. Mr. Chairman and members of the committee, thank you for your continued support, and I am happy to address your questions. [The joint prepared statement of Colonel Raines and Mr. Motsek can be found in the Appendix on page 94.] Mr. AKIN (presiding). The chairman stepped out for just a minute, so I get to enjoy for a moment a chance to ask a question or two. And I guess I had quite a few, but, Mr. Swartz, maybe I would start where you are. And I would like to just make something that is an intuitive kind of thing that I have been seeing, as we have been having hearings, and also my trip to Iraq several times. And tell me if you think that at least I am on to something, and how does that relate to your area of expertise. It is my sense is that our warfighters have been reasonably well- organized, done a pretty good job, but when it comes to the non- military pieces that we have to do to build a civilization, particu- larly things like wire transfers of money and banking, creating an entire judicial system, it is not just a matter of police, which they don't really understand the technology of police anyway, but aside from that, a judicial system, some kind of system of law and a place to put the bad guys and lock them up, that entire system, my sense is that we can tell a general to go somewhere and go fight a way, but we don't tell the Department of Justice to take a battal- ion over and set up a judicial system. We don't say to Commerce, you know, “Go set up a banking system,” or whatever it is. So I guess my question is, is that true, that we are not as well- equipped to do the non-military functions? And you said that you made what sounded like a great statement, all the stuff that Jus- tice has done and everything, but there is one thing you said. You said we had four full-time employees—that seemed like maybe you needed a little more than that to set up a justice system in Iraq, if that is what I heard you saying. So if you would comment on that. And I can cheat with this question a little bit and say that relates, also, to the development of the police services, but that is my overall concern. Are we really equipped and organizationally set up to do things other than just military? And I hate to use the word nation-building, but anybody has a free shot at that. I have a couple of minutes. 12 of 40 to 50. I will do the math while my colleagues address this, but we do have- Mr. AKIN. It is still a relatively small number, though. So you are counting a lot on contractors to help do what has to be done over there? Mr. SWARTZ. In terms of the implementing the day-to-day train- ing, that is correct. That is an essential element of what we do. Mr. AKIN. Anybody else want to take a quick shot at that before my nickel runs out here? Ambassador PATTERSON. Mr. Akin, let me just say that this issue has provoked a lot of soul-searching on the part of the Administra- tion, and there is a special office that has been set up in the State Department led by Ambassador John Herbst. And he has the full support of Secretary Rice. And you might want to ask him for a briefing directly, but he has about 30 people working for him. And he designing, basically, a civilian reserve corps. ivilian reserve corps. And he has reached out to a number of other agencies and his colleagues with- in the State Department to plan. And the idea of this would be that it could deploy quickly in emergency situations, that security on the ground get basic economic services restored. And, again, I think it might be interesting to hear from him directly. But this, as you say, is a real issue. Mr. AKIN. So you are agreeing with me that it is an issue, but you are also saying that we are trying to address that, Ambassador PATTERSON. Yes, sir. Mr. AKIN. And, I guess, my question is, I assume we have run into this in other nations where we have been, but we don't always learn by our mistakes, either. So my question is, do we have some- thing ready to go so that we end up getting into some conflict and we have to do some rebuilding, do we have teams that can go in? So you are saying he is the guy to talk to? Ambassador PATTERSON. Sir, I have been in the foreign service for almost 34 years, and I have never seen anything on this scale. For instance, in Haiti, in 1994, it was a much easier situation. We confronted many of the same problems you are seeing in Iraq today, but the scale was simply a lot less, so it was easier to take them out of the civilian agencies and deploy them more rapidly. And, frankly, the sums involved were a lot less, as well. Mr. SWARTZ. And, Mr. Akin, if I may return to that topic, as I think we demonstrated in Iraq with the support of our other agen- cies, particularly State Department, the criminal division of the Department of Justice and the other law enforcement entities in the Department of Justice can deploy almost immediately a rapid force to assess the situation and to put in place the structure that needs to be put in place for whatever—work is done. And if I may supplement my answer, just doing the math Mr. AKIN. But for all of your assurances, there really isn't a court system in Iraq now, is there? Mr. SWARTZ. Well, I cannot say that we have successfully com- pleted that process, but I think we have certainly—we have made strides, in terms of the judges we have worked with. And I think umber of investigative judges who have shown a great deal of courage throughout this process and worked very closely with our Federal prosecutors over there. 13 And if I may just supplement my answer, it looks—just my quick calculation—we have approximately 75 to 100 personnel, with re- gard to training and operations, and that is not counting the ap- proximately 120 we have the regime crimes liaison office. Mr. AKIN. Not a word from Fort Belvoir here or anything? I am a survivor of Fort Belvoir. Mr. MOTSEK. I survived Fort Belvoir. In fact, they moved my old headquarters. So you bring up—the question you asked from the Department of Defense is in the larger context, which is, we made a conscious decision in the early 1990's to size the force at a particular size, and then we decided to focus our forces on the pointy end of the spear, if you will. And so we took the risk in the back end. So we knew consciously that we were going to have to rely on a package that was not organic to us, that was going to be con- tracted. That was a conscious decision. What Ambassador Patter- son said, though, was absolutely correct. The order of magnitude of this effort dwarfs anything we have done in the past. Just for a quick buzz, we constantly talk about the LOGCAP con- tract, the multibillion-dollar contract that we use for general sup- port inside the area of responsibility (AOR). That is multibillion dollars today. If you added up all the previous LOGCAP contracts, summed them for all the previous contingencies that we had, you be somewhere in a little bit of excess of $600 million. So that gives you a sizing issue that we have been faced with. And so the discussion might be appropriate as to, did we do the right thing? Do we need to re-look consciously where the chop lines need to be on the variety of functions? And I am sure that the other agencies in government have a similar function. It is exacer- bated at DOD simply because of our size. Mr. AKIN. The scale of what you are dealing with. Mr. MOTSEK. Yes, sir. Mr. AKIN. Mr. Chairman, I have strayed a little bit, I confess, from the strictly police and all, but it does connect to the contract- ing. Thanks so much. Mr. MEEHAN (presiding). Thank you very much, Mr. Akin. My question is primarily for Ambassador Patterson, but I would like the other panelists to comment. What is the current status of the contracts overseen by the INL, the Bureau of International Narcotics and Law Enforcement Affairs, and ICITAP, the Inter- national Criminal Investigative Training Assistance Program, with respect to the international police trainers and international police liaison offices that are providing training to the Iraqi police? What is the status of those contracts? Ambassador PATTERSON. Well, the status of INL's portion with DynCorp, the contract—we went out to our three main contractors with a statement of objectives last week. We are in the process of re-bidding this contract, and we hope we will be finished by the 19th of July. Mr. MEEHAN. We have heard varying reports regarding the qual- ity of police trainers being provided for police liaison officers. How do you respond to our reference that they tend to lack the manage- ment and training experience that would truly make them useful for the mission that they were tasked with? 15 of the decision the President made, but he made the decision. We need to do what we can to make it work. But we can't be satisfied with where we are at, and I know you are not satisfied, either. So then the—not the frustration—chal- lenge for Mr. Akin, and Mr. Meehan, this committee, and the Con- gress, American people, is how we can we be of help? I mean, how can we help sort this stuff out, not in a combative relationship? That is what was so discouraging about this memo a few days ago, is this committee is not trying to be in a combat with the Sec- retary of Defense's office. But we are trying to figure out ways that we can help, because no one is satisfied with how it is going. So part of, it seems to me, what we try to do is to look at, well, do we have the right people? Do we have the right congressional oversight? Do you have the tools—or the financing? Do you have the right tools that you need to help you deal with wayward con- tractors, when someone goes awry, I mean, all those kind of things? Because, obviously, we don't know how to do your work. We don't know how to do it. And it is a frustrating thing. I wanted to ask a series of questions in that vein. Secretary Pat- terson, what languages, foreign languages, do you speak? Ambassador PATTERSON. I speak decent Spanish and have had a year of Arabic, which I don't remember very well. Dr. SNYDER. And Arkansan? Ambassador PATTERSON. Yes. [Laughter.] Dr. SNYDER. What has been your experience with regard to try- ing to fill these positions with contractors or State Department per- sonnel with regard to language skills? Ambassador PATTERSON. I can speak to my INL office there. I be- lieve we have one person there who speaks some Arabic. We have a 10-person office of 10 professionals that is going increasingly up to 20. It has been an enormous challenge, and I can't speak for the department as a whole. I know the Secretary has addressed this in her hearings, but language capability has been a huge challenge in all the deployments. Dr. SNYDER. Now, as somebody who has been in the business since—I think 1973 is when your career started, and you ha very illustrious career, we are proud of you—when September 11th occurred, the whole country was stymied by this whole issue of, how do we get language-skilled peoples that meet the security clas- sification and everything? But we are now five years later from that. Why are we still sty- mied with regard to language skills in State Department person- nel? Why has there not been a successful effort so that there would have been the kind of focus on, I assume that we think language skills are important to do these jobs—why are we still behind, this many years later from when the war started and when the war in Afghanistan started? Ambassador PATTERSON. Sir, I will take that question back to our management and get an answer for you, because I have heard the Secretary answer this in other oversight hearings. And, frank- ly, I don't want to v [The information referred to can be found in the Appendix begin- ning on page 139.] Dr. SNYDER. We like winging it. 16 Ambassador PATTERSON. I must say that a lot of the Arabic speakers have done service in Iraq. And then it is not as if they are sitting in Paris. They have been to places like Yemen or Saudi Arabia, too, where we served, my husband and I served. So I think the system is just stressed, but I will take tion back and get an answer for you from the director general. Dr. SNYDER. And then one final question, if I might, Mr. Chair- man. Mr. Swartz, if Ms. Patterson has a U.S. contractor—and I have had some in my district that have served both DOD and State De- partment—and it turns out that an individual turns out to be a drug dealer, who, in the course of the drug dealing, has shot and killed a couple of Iraqi civilians, what is your ability—how is that person dealt with in the legal system? Who has the authority to prosecute that person? And how many people have we had those kinds of issues? Do we have people out there with those kinds of challenges that are not being dealt with by anyone's legal system? Mr. SWARTZ. Sir, I think that that is a question that I will also take back, but I can tell you that, thanks to the work of Congress, with regard to the Military Extraterritorial Jurisdiction Act, MEJA, we have certainly had expansive and expanded powers to deal with that type of issue, that is, to deal with criminal actions taken in certain circumstances for those accompanying military forces abroad. In terms of people out there, as Ambassador Patterson has sug- gested, we have, I think, all three entities here have moved quickly to deal with any questions of misconduct, in terms of leaving people in place. And I could give you further information, I believe, with regard to, in general terms, any ongoing criminal investigations, with the main focus on contractors. [The information referred to can be found in the Appendix begin- ning on page 139.] Dr. SNYDER. Well, I want to be sure what part you are taking for the record and what part you are not. Who is going to prosecute the person I described? Mr. SWARTZ. Sir, it would depend. I would have to look at the facts of the particular case to see whether we can fit into one of our particular jurisdictional statutes within the Federal criminal justice system. The Department of Defense can address the capac- ity of the Iraqi government to deal with contractors or not, in terms of what is permitted. But in terms of our actions, of course, the criminal division, whenever possible, seeks to prosecute any criminal activity that is engaged in by contractors. And it would depend, again, on whether the jurisdictional prerequisites for our statutes were met in a par- ticular instance. I would believe, again, in the hypothetical you have provided, that we would be able to find a basis of prosecution of such an indi- vidual, probably on several different jurisdictional bases. Dr. SNYDER. Thank you, Mr. Chairman. Mr. MEEHAN. Thank you. Mr. Gingrey. Dr. GINGREY. Thank you, Mr. Chairman. 20 is in our interest to start consolidating these down to a more man- ageable level. And so we are in the process of doing that, as we speak, as well. Dr. GINGREY. Thank you, Mr. Chairman. Mr. MEEHAN. Mr. Andrews. Mr. ANDREWS. Thank you. I would like to thank the witnesses for their testimony this morning and each of you for your service to the country, as well. We greatly appreciate it. And particularly you, Mr. Motsek, please give your son our best wishes and our thanks for his service. Mr. Motsek used the phrase "effective stewardship” a few min- utes ago. And, Ms. Patterson, I want to ask you about some con- cerns we have about effective stewardship at the Joint Police Training Academy in Jordan (JIPTC). Two months ago, the chairman led members of this subcommit- tee and others to a visit to Iraq, and Jordan, and Kuwait, Brussels. And one of the stops was at the police training academy in Jordan, which I will call the JIPTC for purposes of our discussion. In your testimony, you note that more than 54,000 Iraqi police recruits have been trained in the basic training at the JIPTC. When we visited the JIPTC, we were told—now, let me preface this by saying, I was very impressed by the quality of the work by the people running by the JIPTC. They were sincere, and they are very competent. They are very committed to their mission. And I have no doubt that they do a very good job training police recruits. My concern is the quality of the recruits coming in and what happens when they leave. We were essentially told that referrals to the JIPTC were done by the Iraqi government without a signifi- cant background check. Whomever they sent got trained. There is a biometric identification process when recruits arrive, but that process is not then matched against any database, we were told, so that we can determine who, in fact, is coming in the front door of the academy. Is that so? Do we know who was coming in the front door of the JIPTC? Ambassador PATTERSON. Let me first say, Congressman, that ba- sically the role of the trainers and the officers at JIPTC is not to handle recruitment, nor is it to handle deployment after they re- turn. But on the recruitment side, it is CPATT that handles recruit- ment, and I know they are working vigorously to improve the re- cruitment process and the vetting process. But the biometric thing that you saw there—and I have seen it myself—is a feedback mech- anism to develop databases— Mr. ANDREWS. If I may, who is responsible for the recruitment of people coming into the JIPTC? Ambassador PATTERSON. CPATT, the civilian police mission han- dles recruitment. Certainly in the early stages—I am not trying to duck your question. Mr. ANDREWS. Yes. Ambassador PATTERSON. Certainly in the early stages there was a problem with recruiting and with vetting. They have been run- ning these names against existing Iraqi criminal databases, and 21 one figure that sticks in my mind—and this is a better question for DOD than for ourselves—they have gotten rid of over 3,000 people, because they have found criminal records on these individuals. So this is an ongoing challenge. You bet, it is an ongoing chal- lenge. But there has been some improvement Mr. ANDREWS. Here is the specific question I am asking. When a recruit walked through the front door of the JIPTC a year ago, did we know, in fact, who that person was, or did we have to rely upon who they said they were? Ambassador PATTERSON. I don't know the answer to that. Mr. ANDREWS. Could you get the answer for us? Ambassador PATTERSON. We will ask CPATT to give you the an- swer. [The information referred to can be found in the Appendix begin- ning on page 140.] Mr. ANDREWS. Okay. Second is, when this biometric database was up and running, against what was it checked? So if we collect someone's biometric information, did we check it against a database that would have identified a Shiite militia fighter or an al Qaeda member? Did we or did we not? Mr. MOTSEK. Sir, we will have to take most of that for the record, but when you talk about those specific sub-elements, part of the databases that are referenced—and, again, you are only as good as your databases, as you are alluding to—are the field inter- views and the field records that are prepared by the military side of the house. So that is included in the Mr. ANDREWS. Let me ask you this specific question. If, in March of 2004, a suspected al Qaeda fighter is arrested and detained in Iraq, and he or she is then biometrically identified when they are held in Baghdad, and then they are released for whatever reason, and then they use a different name and enroll in the JIPTC, would we know that the person who enrolled in JIPTC was that suspected al Qaeda fighter? Ambassador PATTERSON. I think so. Mr. ANDREWS. You think so. How would we know that? Ambassador PATTERSON. We can't–because we have fingerprint checks. And we will get you more definition here, but there is a fin- gerprint check, and it does get checked against Iraqi databases. So I think that would be the case. We need to get- [The information referred to can be found in the Appendix begin- ning on page 140.] Mr. ANDREWS. That is not what we were told by the people run- ning the JIPTC. Ambassador PATTERSON. Okay, well, we need to get you more precision- Mr. ANDREWS. What they told us 60 days ago was that a large majority of the people who came through the front door were not checked against any existing database. Could you clarify that dif- ference for me? Ambassador PATTERSON. Absolutely. Absolutely. Mr. ANDREWS. All right, the second question I have is about cost. Our research indicates that, by the time the chairman led the CODEL to the JIPTC, that the American taxpayers had spent 24 I would be astonished if it were not true that some percentage of these graduates are out there attacking our forces today, after we have spent $500 million on this. The final question I have for you is— Mr. MEEHAN. Mr. Andrews, just on that point, what was inter- esting about it was, it seemed, in the screening process, the only Iraqis who they screened out were Iraqis who had already been trained prior to—in other words, they had the fingerprints of some- body who had already gone through the training, who would come back to the facility to be trained again under a different name, however—for a refresher course under a different name. However, because of the system with the fingerprinting, we were able, it seems, to weed those people out, but I don't think there NDREWS. Well, if the chairman will recall, the other thing that we found very disconcerting is that we asked, who was ex- pelled and on what basis? Because we were told by the leaders of the academy they do expel people. And the basis for expulsion for really misbehavior during the training course. So this means that, if an al Qaeda member was polite for eight weeks, they stayed, and they learned all of it. I mean, here is the final question I have for you. How many peo- ple are being trained at the JIPTC this morning? Ambassador PATTERSON. This morning? Mr. ANDREWS. Yes. Ambassador PATTERSON. I think we started our corrections pro- gram at 830. Mr. ANDREWS. Eight hundred and thirty people. Ambassador PATTERSON. Or in the process of arriving. This is a new course, Congressman, for corrections officials. Mr. ANDREWS. How many Iraqi police are being trained at the facility this morning? Ambassador PATTERSON. None. Mr. ANDREWS. None? So all the Iraqi police are now being trained somewhere else in Iraq? Ambassador PATTERSON. In Iraq. Mr. ANDREWS. This is after we spent $150 million on the facility, we are not training Iraqi police anymore? Why is that? Ambassador PATTERSON. Because they are being trained in Iraq. And the idea is that we don't want to continue paying the overhead on what you aptly described is a very expensive facility, if we have no reason to use it. Mr. ANDREWS. But how does it make sense, from a cost manage- ment perspective, to incur an entirely different set of overhead for new places in Iraq that I assume we are paying for, as well? Ambassador PATTERSON. We are not paying for them. That func- tion has been largely turned over to the Iraqis. Mr. ANDREWS. The Iraqi government is paying for these training facilities? Ambassador PATTERSON. The Iraqi-yes, again, this is a question more appropriately addressed to CPATT, but the training function has been largely turned over the Iraqis. Mr. ANDREWS. Mr. Motsek, are we paying any of the overhead in those new facilities or are the Iraqis paying for all of it? 29 to start at it. Your role is obviously to come in here and put the absolute best foot forward, your organizations, and I understand that. But, together, our role is to try to get it right. And parts of my frustration is, this system, this deal doesn't allow you to share is not working. We heard about that you have done, and it is positive, and all those kinds of things, but I don't think anybody remotely thinks that the Iraqi justice system, the Iraqi police system, any of those Iraqi functions are working the way that we would want to. And to the extent that we still have a role in that, I understand the chairman's frustration, in that sovereign government's going to make decisions that we disagree with, but it is their government. If they decide to move all the training to Baghdad, and it is on their nickel, you know, that is one of the joys of working with a partner that gets to control their deal. They make decisions that we don't necessarily agree with. On a second comment, I was in a hearing yesterday in which the Department of Agriculture was complaining about not being able to contract for stenographers, hearing reporters, and how difficult that was for them. And they were using that as an excuse as to why it took so long to make certain changes in the milk program. Last time I checked, I don't think we have had an IED or a gun- fight at any of those hearings, so figuring out how you find contrac- tors, and how you manage those contractors, and how you get rid of the bad ones and keep the good ones, can you talk to us—I am a Certified Public Accountant (CPA) by background, and so I have a sheet in here that is labeled “Exhibit E” from some place, that says somebody did some sort of an audit—they use that phrase $3.2 billion has been looked at. How do you coordinate-obviously, you have three different orga- nizations at the table. You all have your own funding streams. You all have your own ideas about how-how do you coordinate be- tween each other just the review of contractors? Or do your con- tractors just work for you and you are solely responsible for that work? In other words, how do you manage that contractor group? Do you ever actually fire somebody? And not these individual folks who are actually providing the work, but I am talking about the DynCorps and the umbrella folks, who actually you looked at first. How do you set up a system to evaluate those guys or do you, I guess is a better question? Mr. MOTSEK. Sir, we are principally responsible for contract exe- cution. Mr. CONAWAY. Even on the State Department side? Mr. MOTSEK. Sir, it is not an easy question to answer, because, as I said, this is a rather unique lash-up. And what will happen is, we have two sets of overriding direction on what we are doing. We have the Federal Acquisition Regulations (FAR), the acquisition regulations, but then we also have the FMR, the financial manage- ment regulations. So those are the two big, broad contexts, big muscle moves, CPA-oriented-type documents we have to operate under. 33 would like to be able to come tell you where we stand at any given date so you can see the progress made. But I honestly got to tell you, you have to give us a chance to implement it, because a lot of people are demanding a lot of infor- mation, and a lot of sub-element pieces that we are trying to pull together to give you a coherent package. So, from a personal stand- point, if we can have the chance to actually implement that, which we are aggressively doing, and I fully support it, it is a logical thing for us to have to do. And it was a very good piece of legisla- tion, which we are following as best that we can. The second piece is just Mr. MEEHAN. Excuse me. On the first piece, does that mean you think that, in the defense authorization bill, there should be an ad- justment in the lang Mr. MOTSEK. No, sir, just give me a chance to implement what you got, because we are pushing the envelope. But I am more than willing to come up and let you know where we stand on any given day as to how we are doing and implementing, and then the warts will become obvious where I have a problem. And the second piece of that will be that and this is just for your information now-it would be premature for me to ask for your direct help, but just to be aware of it, is that the contractor personnel issue is bigger than the Department of Defense. You of Congress keep on talking about the AOR in general. And we are backing into the control of that. The field, the commander in the field has published fraggos that talk about the responsibility of non-DOD contractors to report into our automated system so we can get a feel for them. It is very im- portant, as I said early on, the man in the field, I am principally interested for the numbers, for the sake of a security and force pro- tection. And so, at some point in time, we may need assistance in making that a forcing function, if we can't get it through fraggos in the field and compliance at DFAR. So we may come back to you for some help there. Mr. SWARTZ. And, Mr. Conaway and Mr. Chairman, if I may add, as a general matter, I think that hearings that let us explore the importance of technical assistance and developmental work with regard to security forces and police forces around the world are very useful to highlight, I think, the important work that is being done by the Department of State, the Department of Justice, and DOD. And it is seldom recognized, but it is critical, we believe, to our national security interests. Mr. MEEHAN. Mrs. Davis. Ms. DAVIS OF CALIFORNIA. Thank you. Thank you, Mr. Chair- man. Thank you to all of It is clear this is very complicated. I think, Ms. Patterson, you probably put it best when you said that the requirement here has outstripped our efforts, and a lot of catching up to do. About how long has it been, then, since you feel that you actually are moving in a direction that is going to accomplish results? How long has it been, if at all? Where do you think that has been, the last year- Ambassador PATTERSON. For my own operation, I have been here about a year and a half, but I would put it well before that, about all of you for being here 49 highlighted in this hearing. The role of the private sector is too lit- tle understood and too often treated with suspicion. About ourselves, the International Peace Operations Association (IPOA) is a non-profit, non-partisan, nongovernmental association of service companies providing critical services to peace and stabil- ity operations worldwide. We have more than 30 member compa- nies providing services, including training, logistics, security, avia- tion, mine action, and medical support. We represent a demand- driven industry, providing cost-effective services in some of the most dangerous environments imaginable. This testimony will provide some background information and explain why our government utilizes these companies to enhance policies and ways the government could be a smart client. First, I want to be clear. The leadership, initiative and oversight of the training effort must come from the governments of the United States and Iraq. While some of the actual training can be done by U.S. military and government employees, a significant por- tion of the expertise, resources, and hundreds of the experienced long-term personnel doing the hands-on training and mentoring are necessarily going to come from the private sector. This is a concept where an effective public-private partnership is simply indispensable. Indeed, it is inconceivable that success could be achieved any other way. Attempting reconstruction and redevel- opment in the face of an ongoing conflict is necessarily difficult, and nothing quite like the operation in Iraq has been attempted in the past. The closest parallel might be the Civilian Operations and Revolu- tionary Development Support, the CORDS program, in Vietnam, which did show a surprising degree of success in the face of con- stant attacks by the Vietcong, but only with an astonishing level of national commitment, which we do not have today. While there are a number of actions that can be taken to im- ove the training process, the ultimate success of Iraq depends on dramatic political improvements in that country, as well. Simply put, a professional security sector is not a replacement for a func- tioning government, and it is inconceivable that a functioning gov- ernment could survive long without a reliable security sector. sector has been active in the training process. And if called upon, they will increase its role even more. In the years since 2003, much has been done to increase and improve the secu- rity sector training capacity. At the same time, much has been done to address the contractual and oversight problems that are in- evitable in any operation on this scale. We need to get it right. The private sector is playing a critical role and will be an essential player during and beyond any with- drawal. Why do we use the private sector? Well, first of all, I think con- tractors are cost-effective. Contractors are veterans and ex-cops that live side-by-side with the military personnel in the same dan- gerous, rough conditions. They provide an astonishing degree of ex- perience and expertise. They usually stay in the country longer than the troops, and Dr. Avant addressed that point. 57 Dr. AVANT. If I could just add to that, I think, in terms of not just a timeline, but having some mechanism to punish failure to develop is important. And in Croatia, it was very important to be able to freeze the training funds. And so the threat of a freeze even would often create movement, even in Tudjman's government, in ways that would be very useful. Ănd so I think, even if you are not talking about a timeline, talk- ing about some sort of institutional milestones and some amount of money that is tied to that, or resources that are tied to that, is very important. Dr. SNYDER. Secretary Gates has been candid, both with Mem- bers of Congress, but also publicly about, while he doesn't agree with the House Democratic bill, that the debate has helped nudged the ball down the field a little bit, and we have a good cop-bad cop thing. Thank you, Mr. Chairman. Mr. MEEHAN. Thank you. Mrs. Davis. Ms. DAVIS OF CALIFORNIA. Thank you, Mr. Chairman. Thank you for being here. I am sorry I missed some of the early testimony, but I will try and follow up and take your comments from your written testimony. I would like to go to the question—and I know you were here when we discussing with the first panel—you just mentioned a gen- eration to train the Iraqi police. Do you believe that, in what you thought of our trainers, five years experience that was requested, and what kind of training do you think they got to be trainers? And are we developing, basically, the capacity to do that kind of train- ing? Mr. BURKE. First, we need to divide the training concept up into two. We have classroom trainers who are, you know, platform in- structors. And they come under the MPRI contract, I believe, right now. It had been SAIC. And they work under ICITAP, Department of Justice. And that is the cost-plus contract, where they are able to set standards for the people they want to employ, and then the contractor gets the cost of the employee, plus a profit margin, whatever that is. The other contract, which I think is still held by DynCorp, is a competitive, low-bid contract, where it is in DynCorp's interest to perhaps lower the price paid to the employees that they are hiring. And these are the advisers who are going out on the streets, who are running the streets of Baghdad and Iraq. It is where the 17 of them have been killed, so I want to be careful how I say this, but I think we could do better, perhaps, raising the standards of the people who are going into that advisory role, going out in the police stations. If you are at 5 years as a police officer and you are walking into a police station and trying to advise a 25-, 30-year veteran, police colonel, he is going to look at you as a 5-year—you know, he knows you are obviously young, if you have only 5 years on the job. And you are not going to have quite the same impact if you come in with the years of experience that the classroom instructors have. So I think we could perhaps- 58 Ms. DAVIS OF CALIFORNIA. What about cultural training, as well? I mean, were we really providing them with what they needed? I am assuming that very few of them spoke out, I expect. Were we providing them on the other end what is needed to be able to un- derstand the culture that they are working? Mr. BURKE. We are providing some training, but very minimal training. I know, at the beginning, we didn't get any training. A week at Fort Bliss, mostly some medical checkups and x-rays and stuff like that, and then we deployed. So it was sort of, for the original team, learning on the fly. But, yes, we could do better. And I think if we look at this plan that the State Department is considering, we could build into that cultural training, cultural awareness for, you know, whatever size this reserve corps is going to be, and have some of them train for different parts of the world, much like the SF, the Special Forces community in the military does, where they have teams designed for specific theaters. Ms. DAVIS OF CALIFORNIA. Is the State Department going to you for consulting on that at all? Mr. BROOKS. To me? Ms. DAVIS OF CALIFORNIA. Yes, please, go ahead. Mr. BROOKS. Well, I was just going to say, on the cultural train- ing, I think that is becoming a larger component. I think it is im- portant. And it is interesting. For example, Blackwater actually trains as a training course, where they do intensive Iraqi Arabic and Iraqi customs and things for contractors, because they see it as a valu- able, I guess, mechanism for their own people. So it is actually got some value, and I think that is an aspect that I think contractors are going to get into much more. Ms. DAVIS OF CALIFORNIA. Yes, well, we certainly know. I mean, we have been to Fort Riley, in terms of the embedding with the military, and what that role will be, but I wasn't certain whether we were developing that kind of capacity, if you will, at our train- ing level, when it comes to the Mr. BROOKS. It can be put into contracts that a certain amount of training goes into anybody who deploys. I think that would be appropriate. I mean, to a certain extent, you don't know where the next deployment is going to be. We already have contractors, I think, in Somalia now, supporting the African Union. We have con- tractors in Darfur. We have contractors in Congo. So you can't train everybody for everything, but you can either find people that have background or you can have, you know, require within the contract a certain amount of training in certain areas. Ms. DAVIS OF CALIFORNIA. Did you want to say something, Dr. Avant? Dr. AVANT. I was just going to point out the difference between- I mean, the training that DynCorp employees get, that are the po- lice advisers, is not the kind of training that Doug was talking about, in terms of cultural awareness. I know that there were complaints about the training capacities of many people, even in the Balkans. And I think, in Iraq, it is a very different kind of environment, where you have the degree of tribal and religious law that is operating alongside the system of 59 law that we are trying to create, in terms of sort of the law enforce- ment. And so the training, I would imagine, for the kinds of police ad- visers that you would need would be quite a bit greater in the Iraqi context. So, you know, that would be another thing that would go into some sort of long-term, strategic thinking about having a po- lice force that was able to train, would be not just, you know, an eight-day course or something in how to deal with people that aren't from the United States, but also have certain kinds of issues that people would have to face in different parts of the world. Ms. DAVIS OF CALIFORNIA. If we are going to accept the idea that we are always going to need both contractors, as well as a military force and a police force, perhaps, assisting in some way, then we need to do this differently. Dr. AVANT. Right. And we don't have I mean, with many of the contractors in the military, you can decide. Do you want to send people from the Army or do you want to send contractors? But the United States doesn't have a deployable international civilian po- lice force, and so that—you are really are deciding contractors. What would be good, if you were going to do that, is at least have some sort of agency in the government that is in charge of thinking about strategically, rather than using the contractor for the strate- gic thinking, as well as the deployment. Ms. DAVIS OF CALIFORNIA. Is that part of the civilian corps? You heard them mention the State Department is looking to kind of de- velopment of civilian corps. Is that kind of- Dr. AVANT. Well, this was in Bush's State of the Union address. And I don't think anyone knows exactly what is going on in that office, or no one that I have talked to, so I don't know, you know. I hope you all have him up and at least the testimony. Ms. DAVIS OF CALIFORNIA. Any other response to the testimony that you heard, that you would like us to know about, that was a concern to you, or you would like to emphasize? Mr. BROOKS. I think I would emphasize, actually, the aspect of, when you use contractors, they will use as many l as they are allowed to use, which is actually quite good, in terms of redevelopment. Now, with the police, it is a little bit different, with the police training. But, you know, when you are doing reconstruction work, when you are doing security, you want to use as many locals as you can, which is good for the economy, which is training, which is all sorts of long-term benefits. When I was doing my academic research before IPOA, I was in Sierra Leone, and PAE was one of the contractors there. They had eight Americans, and I think it was 400 Sierra Leoneans doing all the logistics and support. And everything in that U.N. operation that was fixed, or moved, or done was being done by these PAE em- ployees, these Sierra Leoneans. And it made a lot of sense. And it is a real benefit, I think, you get from contracting. Mr. BURKE. It is a situation that only just hadn't happened in Iraq. Most of the contractors-country nationals were coming in from other countries to work in Iraq. Now we are starting to hire some locals. 60 I think, for a while, it was a security issue, but now we are look- ing at the benefit of hiring locals and putting money into the local economy as outweighed by the risk, if you manage the risk well. Dr. AVANT. Yes, I would just add to that, that, you know, as you might worry about people who are being trained without back- ground checks that are sort of going off to fight in the militias, when the United States leaves Iraq, it will leave whatever capac- ities its imparted to local people, under the control of whatever ci- vilian leadership there is. And so I think that it is—you know, I completely agree that it is wise to use locals, but it is also wise to pay attention to the kind of structure, the political structure that they are operating under. And that just goes back to the whole issue of training, you know, not only people working in the national government in Iraq, but also local government officials. If you are going to have a police force that can do, certain kinds of things, and yet it is responsive to a local government that isn't acting the way local governments act or we would expect them to act, then you are going to have a lot of problems. Ms. DAVIS OF CALIFORNIA. Thank you. Mr. MEEHAN. Thank you. Mr. Gingrey. Dr. GINGREY. Thank you, Mr. Chairman. And I thank you for this meeting, this hearing. I know we have had two panels. I have not been able to be here for much of it, and I missed a lot of your testimony, but thank you for being with us and shedding some light, a lot of light on this issue. I know Ms. Davis and I went to Fort Riley, as she was pointing out. And we have heard testimony from the MiTT teams, military transition teams. I think that what she was alluding to, and I would certainly agree with this, we need something similar to that in regard to the police force. I guess we could call it a POT team and get away with that, but something similar to the MiTT teams. And Representative Davis and I were at Fort Riley, Kansas, and very impressed with what the military is doing there. I know that, Mr. Burke, you had said in your testimony that you have considered the police training mission a complete failure, and that bothers me, of course. I just would like to know a couple of things that you might suggest—maybe you have already done this and I missed it—but in regard to what we can do. And, you know, you talked about the five-year experience level and the lack of credibility if they don't have a little gray around the temples with the Iraqis, who have, in many instances, a lot more experience. And I understand that, but I would think it might be a little difficult to recruit an older, more seasoned, near retire- ment, if you will, police person with lots of experience for this very dangerous mission. You point out 17 of them have been killed, and I can understand that. But, you know, just how do we go about this? And I do want to ask this question. I really should know the answer to it. What was the police situation in the country before 2003, March? And, of course, Baghdad is, I think, a metropolitan area of 4 million people, is it not? Mr. BURKE. A little larger. , 62 with over there. Some of them have been forcibly retired, because the new government doesn't want their people with their back- ground, if you will. Maybe it is religious issues; I don't know. Some of them Dr. GINGREY. Well, let me interrupt you. In that part of our re- Baathification benchmark that, you know, we want them to give these people an opportunity to come back, do we not? Mr. BURKE. We do, but I don't think they will. I know one major general who used to head up what we would conside sponse police, the patrol police. He has left the country. He is living in Egypt. The former police chief of Baghdad, he is now living down in Dubai, working down in Dubai. Another major general, who is still e in a very important position, e-mails me constantly, asking me to help him get out of the country and come to the United States as a refugee. So there are many of them that, you know, don't want to stay there and who want to get out. Dr. GINGREY. Mr. Chairman, let me just real quickly-Dr. Avant, am I pronouncing it correctly? Dr. AVANT. Avant. Dr. GINGREY. Avant. I am not familiar with a lot of your publica- tions, but I was reading your bio, and I know that it says that you have been doing some work on how the United States government's use of private security affects democratic processes in the United States. Can you comment on that just a little bit? I mean, you know, a few minutes. Dr. AVANT. Yes, I am basically gathering a lot of information about the way in which the press covers private security forces in Iraq versus military forces, looking to the issue of transparency. How much do people know about these kinds of forces? Because, you know, as we heard earlier, you know, private con- tractors have essentially doubled the size of the U.S. force in Iraq. And, you know, the degree to which people get information about that would be important for transparency. I have also looked at something that we call in political science veto points, which is essentially the role of Congress in deciding on contracts and sort of looking at the deployment of forces versus contracting and the degree to which it gives power to the executive ss. And there, as I think I mentioned at the end of my prepared remarks, it tends to advantage the executive branch relative to. Congress, at this point. The third thing that I have done is some experiments that look at how people react to the deaths of private security versus mili- tary personnel in Iraq. So it is trying to look at issues of public con- sent, transparency, and checks and balances, in order to sort of un- derstand how our government's use of these contractors has af- fected the processes of democracy in the U.S. Dr. GINGREY. Yes, but, I mean, in regard to the use of the private security contractors, you don't consider that somewhat a violation of our democratic process, do you? Dr. AVANT. Well, I think that if you sort of look at the foundation of democracy in the Western world, it came alongside the idea of citizen armies. And so there is a very long tradition of connecting E 63 democracy with some duty and responsibility of citizens to both serve, but also be a check. And the whole issue of whether contracting separates that is ac- tually—I am just writing a paper right now-looking at exactly that kind of issue historically. Dr. GINGREY. That is very, very interesting, and I thank you for that. Mr. Chairman, I didn't have anything else. That is great. Mr. MEEHAN. Thank you. And I want to thank the members of our second panel for your testimony. Appreciate it very much. We would love the opportunity to follow up with any of you, should other members have questions. But thank you very much for appearing. And the hearing is now adjourned. [Whereupon, at 12:20 p.m., the subcommittee was adjourned.] APPENDIX APRIL 25, 2007 PREPARED STATEMENTS SUBMITTED FOR THE RECORD APRIL 25, 2007 Opening Statement of Chairman Martin Meehan Subcommittee on Oversight and Investigations Hearing on the Use of Contractors in Training, Equipping, and Sustaining the Iraqi Security Forces April 25, 2007 Good morning, and welcome to our witnesses and guests. This is the sixth session and second open hearing of the Subcommittee on Oversight and Investigations on the topic of the development of Iraqi Security Forces. In his address to the nation on January 10th, the President announced his intention to accelerate the transition of security operations to the Iraqis. Reports from the field regarding the readiness and performance of the Iraqi Army have, however, been mixed, and news regarding the Iraqi Police Services has often been highly discouraging. It is my intent to lead this Subcommittee past the anecdotal evidence, and to get to the bottom of what kind of progress we are really making. To that end, we have been pursuing this effort through a series of briefings, hearings, and requests for information over the past several months to examine specific aspects of the Iraqi Security Forces. We have looked at training, equipment, logistics, and costs. We have talked to the leaders engaged in the effort, and have particularly tried to talk to the more junior personnel who work directly with Iraqi Security Forces on a daily basis. Last week, you may know, our efforts to do that were blocked at the last minute by the Assistant Secretary of Defense for Legislative Affairs. Since we have DOD witnesses with us today, I would like our record to reflect how unhappy we were about what happened last week, and furthermore, that no one from the senior levels of DOD or the Joint Staff has even called me to discuss the situation. I would also like to have it on our record today that this is not a settled question, and I would not expect OSD Legislative Affairs to stand in the way of this Subcommittee's constitutional responsibility to perform oversight, pursuant to our congressional prerogatives and policies, rather than those they would like to dictate to us. With that said, our work goes on. Today, we turn our attention to the role that private contractors have played in the mission to train, equip, and sustain Iraqi Security Forces. There were almost 127,000 contractors for the Department of Defense alone in Iraq as of DOD's most recent count, in addition to 145,000 troops. We must leave aside for another day the broader issue of whether this is an appropriate way for the United States to fight its modern wars. Today, we will focus on the role these contractors have played with respect to the Iraqi Security Forces mission. (69) 70 We will first receive testimony from a panel of Department of Defense, Department of State and Department of Justice witnesses. The reason for the breadth of this panel is that the Iraqi Security Forces mission does not involve only Iraqi military training. The Departments of State and Justice have played a major role in training Iraqi police, advising the Ministry of Interior, and other rule of law oriented missions. We will look forward to hearing about how the roles and responsibilities for each agency in Iraq have evolved, as well as the procedures for accountability, management, and oversight of contractors that have been put in place. In addition, we expect that our Department of Defense witnesses will provide us with greater insight into the nuts and bolts of how contracting for a mission as broad and complex as developing the Iraqi military and Iraqi police is done. Our first panel of witnesses includes Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, Ambassador Anne Patterson; Deputy Assistant Attorney General Bruce Swarz; Assistant Deputy Under Secretary of Defense Gary Motsek; and Colonel Anita Raines, who is Chief of the Logistics Services Division of the Joint Staff. We will also welcome a second panel of witnesses today, who we expect to provide both outside perspectives on the use of contractors for this type of mission, and a real-life account of the contractor-led police development effort on the ground in Iraq. Our second panel includes Dr. Deborah Avant, who is the Director for Global and International Studies at the George Washington University Elliott School of International Affairs, Mr. Doug Brooks, the President of the International Peace Operations Association, and Mr. Gerald Burke, who is a retired Major in the Massachusetts State Police and former Senior Advisor to the Iraqi Ministry of Interior and Iraqi Police Services. To encourage discussion at today's hearing, I would like to follow the same less- formal procedures as we have in our previous briefings and hearings I have talked with our distinguished Ranking Member, and he has agreed to dispense with the 5- minute rule during today's hearing. Pursuant to Rule 11(b)(2) of the Rules of our Committee, the Subcommittee will dispense with the five minute rule and allow questioning to proceed as subcommittee members express interest rather than strictly by seniority. I would like to remind everyone that while this is an open hearing, we have received closed briefings in which classified information was presented, so please be mindful of anything you might say based on what you heard in the closed briefings. Welcome again to our witnesses. We're looking forward to your remarks. We will take your whole text for the record, but I ask that you keep your prepared remarks fairly brief so we can get to our questions. Now, I would like to turn to my colleague, Mr. Akin, our ranking member, for any opening remarks he might have. 71 Statement of Ranking Member Todd Akin Subcommittee on Oversight and Investigations House Armed Services Committee Subcommittee Hearing on the Use of Contractors for Training, Equipping and Sustaining Iraqi Security Forces April 25, 2007 Thank you, Mr. Chairman. I appreciate you calling this very important hearing. Thank you to our witnesses for being here today-I look forward to hearing your statements. Today's hearing is this subcommittee's second open meeting, and culminates two months of oversight activities aimed at investigating the Iraqi Security Forces (ISF). I'm pleased that today's hearing will look at the important issue of how the U.S. government is using contractors to fulfill the critical mission of building the Iraqi Security Forces. Specifically, I'm interested in how we use contractors for training the Iraq Police Services. Over the course of this investigation it has become rse iva increasingly clear to me that more attention needs to be devoted to the Iraqi Police Services, and matters of rule of law in Iraq more generally. It is my 73 Finally, I want to comment on one specific contract matter. Use of contractors in theatre is a complicated matter. When contractors embed in U.S. Police Transition Teams (PTTs), as in the case of the International Police Liaison Officers (IPLOs), an already complicated matter turns into a matter of concern. I'm curious about the guidance we give these contractors with respect to command and control, personal security and logistical support. I look forward to our witnesses elaborating on this. Again, thank you to all the witnesses for being here today. [Yield Back to Chairman Meehan] 74 Contracting for the Iraqi Security Forces Testimony by Ambassador Anne W. Patterson Assistant Secretary of State Bureau for International Narcotics and Law Enforcement Affairs U.S. Department of State before the House Committee on Armed Services, Subcommittee on Oversight and Investigation April 25, 2007, 9:00 a.m. 2212 Rayburn House Office Building 75 Chairman Meehan, Representative Akin, and other distinguished Members of the Committee, thank you for the opportunity to discuss the Department of State's efforts to assist the Coalition and the Government of Iraq in developing capable civilian security forces that serve the people of Iraq, respect human rights, and operate in accordance with the rule of law. It is also my pleasure to review the steps my Bureau has taken to improve contract management and oversight of these efforts. Creating an effective police force in Iraq is a difficult task under any circumstance given the size of the country and scope of the mission. The broader security challenges, including the involvement of international terrorist networks like al Qaida, the rise of ethnic militias and insurgent groups, and inter- and intra-ethnic conflict have made this difficult task even harder. The tragic deaths of 17 American police advisors and many other security personnel are testament to the challenges and risks we face. In spite of this, U.S. Central Command's (CENTCOM) Civilian Police Assistance Training Team (CPATT) has – with assistance from the Department of State, Justice, Homeland Security, other agencies and international partners – trained more than 135,000 Iraqi Police Service personnel, more than 24,000 National Police Service personnel, and more than 28,000 border guards responsible for 17 border crossings and ports of entry. CPATT has also trained smaller numbers of Iraqi criminal investigators, intelligence professionals, and dignitary protection personnel. CPATT has met and exceeded all of its basic training goals, but more must be done. Specifically, the Coalition and the Government of Iraq must continue to develop the skills, integrity, and credibility of these forces. This will be a long process, as peacekeeping missions in the Balkans and elsewhere have demonstrated that building a competent and responsible police organization is a complex process that can take a decade or more. Organization and Responsibilities The Department of State drew upon its previous experience with peacekeeping operations in Haiti, Bosnia, and Kosovo to support the Coalition Provisional Authority's and the Multi-National Security Transition Command-Iraq's (MNSTC-I) efforts to reconstruct Iraqi's police and civilian security institutions. To respond to the dynamic situation on the ground in Iraq, we used contractors to provide expertise and logistical support to establish and conduct large and complex programs in difficult, 76 hazardous environments. We also employed the help of other U.S. agencies, especially the law enforcement, advisory, and training entities of the Department of Justice. Two offices within the Department of Justice's Criminal Division, the International Criminal Investigative Training Assistance Program (ICITAP) and the Overseas Prosecutorial Development and Training (OPDAT), play key roles in implementing U.S. foreign policy in Iraq. Due to the security situation, the sheer scale of the task, and in order to ensure unity of effort, the President issued National Security Presidential Directive 36 (NSPD 36) on May 11, 2004. This Directive assigned the mission of organizing, training, mentoring, and equipping Iraq's security forces, including police, to CENTCOM. CENTCOM established MNSTC-I to manage this effort and created CPATT to train and equip Iraqi police and other civilian security forces. Since CPATT assumed responsibility, the Department of Defense has transferred $1.5 billion to the Department of State's Bureau for International Narcotics and Law Enforcement Affairs (INL) to provide a range of support, including: 690 International Police Liaison Officers (IPLOs), for which we have contracted with DynCorp International. IPLOs perform primarily assessment, training, and mentoring functions in the field along side Coalition military counterparts. 192 International Police Trainers (IPTs), for which the Department of Justice's ICITAP, funded through an interagency agreement with INL, has contracted with Military Professional Resources Inc. (MPRI). These trainers are primarily providing assistance to Iraq's police training academies. 143 Border Enforcement Advisors, 20 of which are provided by ICITAP through its MPRI contract and funded through an interagency agreement with INL, and 123 of which are provided through an INL task order with DynCorp. • Support for the above personnel inside Iraq, including equipment and body armor, housing, construction of forward operating bases 77 and camps, meals, transportation, security, and IT and medical support all provided through a contract with DynCorp. Operation and maintenance of the Jordan International Police Training Center (JIPTC), a facility created with help from our international partners and designed for basic training to large numbers of Iraqi police recruits. INL has utilized a bilateral agreement with the Government of Jordan; personal service providers and other contracts for management personnel; contracts with DynCorp International, Civilian Police International (CPI), Selrico, and al-Wasita to operate JIPTC; and an interagency agreement with the Department of Justice's ICITAP to provide trainers. Since opening in November 2003, JIPTC has graduated more than 54,000 Iraqi police, over 50,000 of which were new recruits who completed an 8-week basic training course. At the Government of Iraq and CPATT's request, the basic training program at JIPTC ended in February 2007 and has shifted entirely to police academies within Iraq. INL has also utilized several interagency agreements with the Departments of Justice, Treasury, Homeland Security and their law enforcement branches - including with the Federal Bureau of Investigations, the U.S Drug Enforcement Administration, the Bureau of Alcohol Tobacco and Firearms, U.S. Marshals, and other agencies which provide specialized training to Iraqi forces. Contract Management and Oversight CPATT and MNSTC-I continue to set the overall requirements for the civilian security development mission in Iraq and the Multi-National Forces- Iraq exercises operational control over the IPLOs and IPTs that INL supplies to the mission. However, the Department of State is responsible for managing and overseeing our contracts with service providers and for monitoring our agreements with interagency partners. We have cooperated closely with the Special Inspector General for Iraq Reconstruction, the State Department Inspector General's Office, and the Government Accountability Office (GAO), as well as undertaken our own assessments, asset verifications, and audits to identify problems and weaknesses in funding and contract oversight, performance evaluation and 78 management. Numerous measures to improve our management and oversight capacities have already been undertaken and we are constantly exploring ways to be more effective. The urgency and scale of requirements in Iraq has often outstripped our staffing and oversight capabilities both domestically and in the field, particularly in the early stages. Security challenges have also impeded the ability of our staff to travel throughout Iraq. Recognizing that our staffing had not kept pace with the three-fold increase in assistance being implemented by INL - from $956 million in FY2002 to nearly $3 billion in FY2007 – we have added 64 permanent positions to perform program, financial, and contract management functions. To support our Iraq program specifically, we recently obtained approval to increase permanent INL staffing at Embassy Baghdad from four to twenty people – nineteen of whom will be directly involved in either contract or program management and oversight (four are Contract Officer Representatives). Due to security risks and the need to minimize staffing at Embassy Baghdad, we established the bulk of our contract management support division domestically for INL programs in Iraq and Jordan - as well as for Afghanistan - which consists of 15 personnel. We are also expanding our Washington-based Iraq program staff. 11 PIVO We have strengthened internal controls as well, such as inventory oversight and regular performance reporting on property management. Statements of work have been improved to make them more detailed and to provide specific contractor requirements and performance standards; and we have made several improvements to internal controls for validating and approving payments with contractors generally. We are in the process of establishing complete invoice files and are actively reconciling all past payments made since the inception of our contracts in Iraq and Jordan, as well as Afghanistan. This is an intensive process which includes the review of an estimated 2 million pages of supporting documentation covering roughly $2.5 billion in contracts and will require approximately 10 full-time staff members an estimated three years to complete. INL is making every effort to recover any overpayments or payments inconsistent with contract terms and conditions. The Department of State is committed to promoting competition among contractors to ensure that the American taxpayer gets the best value possible for their money. Last year, we competed our support contract for 79 JIPTC and we just finished competition of a task order for 123 border advisors for Iraq. The process of competing our task order for most of the personnel and related support provided through INL in Iraq is expected to be finished this summer. Our existing competitively awarded contracts with DynCorp International, Civilian Police International (CPI), and Pacific Architects and Engineers (PA&E) each have ceilings of approximately $20 billion over their five year terms. They will expire in early 2009 and the Department of State has begun work to initiate a new competition. The Way Forward The Department of State and INL are proud contributors to the U.S. Government's efforts with the Government of Iraq and international partners to build civilian security institutions in Iraq. We are grateful for the dedicated service of thousands of police from all over the United States, who work daily in harsh and dangerous conditions to help make Iraq a safer, more stable country. The sacrifices they and their families make are honorable and praiseworthy - particularly those who have paid the ultimate price for their service. INL relies on contractors to implement critical assistance efforts in Iraq and other crisis zones, but we recognize that it is our duty to ensure that these sizeable contracts are closely monitored, as American lives and tax dollars are at stake. We have made significant progress in recent months, but this effort will require constant improvement and vigilance. 5 80. * Department of Justice CUTII STATEMENT OF BRUCE C. SWARTZ DEPUTY ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION UNITED STATES DEPARTMENT OF JUSTICE BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS HOUSE COMMITTEE ON ARMED SERVICES U.S. HOUSE OF REPRESENTATIVES CONCERNING MAJOR AREAS IN WHICH CONTRACTS HAVE BEEN UTILIZED TO SUPPORT THE TRAINING, EQUIPPING, AND SUSTAINMENT OF THE IRAQI SECURITY FORCES, AND CHALLENGES THAT HAVE BEEN ENCOUNTERED IN INTERAGENCY COORDINATION, CONTRACT MANAGEMENT, AND OVERSIGHT PRESENTED APRIL 25, 2006 81 STATEMENT OF BRUCE C. SWARTZ DEPUTY ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION DEPARTMENT OF JUSTICE BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS HOUSE COMMITTEE ON ARMED SERVICES U.S. HOUSE OF REPRESENTATIVES CONCERNING MAJOR AREAS IN WHICH CONTRACTS HAVE BEEN UTILIZED TO SUPPORT THE TRAINING, EQUIPPING, AND SUSTAINMENT OF THE IRAQI SECURITY FORCES, AND CHALLENGES THAT HAVE BEEN ENCOUNTERED IN INTERAGENCY COORDINATION, CONTRACT MANAGEMENT, AND OVERSIGHT APRIL 25, 2007 Mr. Chairman and members of the committee, I am pleased to appear before you today to discuss the role of the Department of Justice's International Criminal Investigative Training Assistance Program in the training, equipping, and sustainment of the Iraq Security Forces. I. OVERVIEW OF ICITAP Created in 1986, DOJ's International Criminal Investigative Training Assistance Program (ICITAP) has become a leader in law enforcement development worldwide, with active programs in 48 countries around the globe. ICITAP's mission is to help achieve U.S. criminal .1. 82 justice and foreign policy goals by assisting in developing sustainable foreign law enforcement institutions that promote democratic principles, instill respect for human rights and human dignity, and reduce the threat of transnational crime and terrorism. ICITAP's activities encompass three principal types of assistance projects: (1) enhancing capabilities of existing law enforcement institutions in emerging democracies (e.g., Balkans, Eurasia, Sub-Sahara Africa); (2) assisting nations on the frontlines of the war on terrorism (e.g.. Pakistan, Indonesia, Philippines); and (3) developing law enforcement institutions in the context of post-conflict reconstruction or international peacekeeping operations (e.g., Bosnia, Kosovo, Iraq). In all of its assistance projects, ICITAP seeks to avoid piecemeal training efforts, and to instead focus on the comprehensive, long-term development of police forces and corrections institutions. Further, and whenever possible, ICITAP and its sister agency-DOJ's Office of Overseas Prosecutorial Development, Assistance, and Training- seek to integrate their assistance programs, and to work with other Federal law enforcement agencies, in order to simultaneously develop all three pillars of the criminal justice system: police, courts, and corrections. Currently, ICITAP has programs in 48 different countries. We have deployed 18 Federal ICITAP senior law enforcement advisors (SLEAs) overseas, who are usually attached to the U.S. embassy or mission, and who oversee the management and delivery of the police development programs in-country. Programs that are too small to support an in-country SLEA are managed by Federal ICITAP headquarters (HQ) staff in Washington. ICITAP currently utilizes a contract with MPRI for the procurement of personnel, goods and services for ICITAP programs worldwide, to include Iraq. The current ICITAP contract with MPRI is an indefinite 83 delivery/indefinite quantity (IDIQ) contract covering a base-year with five option periods, and having a ceiling of $400 million over the entire term of the contract. Under the terms of this contract MPRI provides advisors, logistics, and administrative support for ICITAP law enforcement programs around the world. But while ICITAP uses its contract with MPRI to obtain these personnel and services, ICITAP at all times, develops, manages, and evaluates all of its programs. The contract design, bid, and award process, as well as the day-to-day administration, are managed by the department's Justice Management Division's (JMD's) procurement services staff. JMD has assigned and imbedded a senior contracting officer whose sole responsibility is to provide oversight and guidance on all ICITAP contract-related matters. Finally, it should be noted that ICITAP's budget comes almost exclusively from project- specific funding provided by outside agencies – primarily the Department of State (DOS), the U.S. Agency for International Development (USAID), and, recently, the Millennium Challenge Corporation. This means, then, that ICITAP looks to other U.S. Government agencies with regard to both the selection and funding of overseas law enforcement development projects. II. ICITAP IRAO PROGRAMS In May 2003, after the U.S. military secured Baghdad, the Criminal Division of the Department of Justice, with funding provided by the DOS’s Bureau for International Narcotics and Law Enforcement Affairs (INL), deployed a select team of 25 career senior justice practitioners into Iraq to assess the state of law enforcement and justice sector institutions. This team produced three comprehensive assessments, which were provided to the Coalition - 3- 84 Provisional Authority (CPA) leadership, on the state of the police service, the judiciary, and the correctional system. The ICITAP component of the assessment team remained on the ground in Iraq to help to stand up the key components of the Ministry of Interior and the Ministry of Justice: the Iraqi Police Service (IPS), the Department of Border Enforcement (DBE), and the Iraq Correctional Service (ICS). Today, almost four years later, ICITAP continues to provide support in three vital program areas: the Iraq Police and Border Services, the Iraq Correctional Service, and the Commission on Public Integrity. In each of these programs – police, corrections, and public integrity -- ICITAP has helped develop and implement institutional development strategies. ICITAP also has developed training curriculum, delivered basic and advanced instruction programs, and operationalized and managed training academies. Those academies have educated tens of thousands of Iraqi civilian law enforcement professionals throughout Iraq. At present, ICITAP's in-country staffing levels supporting these three programs consist of four authorized Federal senior management personnel positions and approximately 307 contractor personnel. Funding to support these three program efforts has totaled approximately $285.7 million to date and has been provided by DOS/INL via inter-agency agreements. This funding is used almost exclusively to manage program efforts and fund the salaries of instructors and advisors. All life support elements (e.g., logistics, security, equipment) for all ICITAP personnel working in Iraq are provided by INL’s contractor. As I noted earlier in my testimony, ICITAP currently utilizes a prime contract with MPRI, managed by the Department of Justice's Justice Management Division, to procure the services of the 307 senior police and corrections instructors and advisors to support its mission in - 4 - 85 Iraq. While retaining all program control and development responsibilities, ICITAP works closely with MPRI to ensure recruitment, selection, and deployment of the highest caliber personnel possible. Let me turn to each of the programs in greater detail. POLICE PROGRAM Within six months of deploying into Baghdad in May 2003, a small ICITAP team of. experts, working with coalition partners, assisted in the development of a comprehensive police assessment, helped to reconstitute the Ministry of Interior and stand up the Iraqi Police Service in Baghdad, designed the Iraqi Department of Border Enforcement, developed the basic skills police curriculum, and helped to establish the Jordan International Police Training Center. ICITAP's efforts in these first critical months helped to launch what is arguably the largest international police development and training program ever undertaken. In early 2004, ICITAP contributed to the establishment of what is now known as the Multinational Security Transition Command's Civilian Police Assistance Training Team (CPATT). From 2004 to 2006, ICITAP's Federal senior law enforcement advisor in Iraq served as the deputy of CPATT and as the senior civilian advisor to each of the three preceding CPATT commanding generals. Funding for ICITAP's Iraqi policing initiatives totals more than $213.5 million to date. ICITAP currently has authorization for two Federal civilian managers on the ground in Iraq to work with CPATT in the police training mission, along with 191 subcontracted senior police trainers and advisors, known as international police trainers (IPTs). IPTs are primarily engaged in training Iraqi Police Service personnel and Iraqi Police Service trainers at police academies. -5- 86 Under the CPATT mission, to date, more than 155,000 Iraqi police have graduated from courses developed and/or delivered by ICITAP and/or ICITAP-trained Iraqi police instructors. ICITAP helped to establish, and currently advises Iraqi Police Service personnel at the Baghdad Police College, the Irbil Police College, and seven regional basic training facilities throughout Iraq (i.e., Basrah, Hillah, Kut, Mosul, Najaf, Sulaymaniyah, and Hammam Al Alil). ICITAP also has successfully developed curricula for 25 distinct specialized and advanced courses. To date, more than 18,000 Iraqi police have completed these advanced courses, to include Basic and Advanced Criminal Investigations, Interviews and Interrogations, Critical Incident Management, and Violent Crime Investigations. With its coalition partners, ICITAP developed and delivered the Transition and Integration Program, which is aimed at introducing human rights doctrine and application, use of force concepts, and other modern policing practices, to the Iraqi Police Service officers who served under the former regime. More than 46,000 Iraqi police have completed the Transition and Integration Program to date. Additionally, ICITAP has provided assistance to CPATT to help establish a functional and sustainable border security department in Iraq that is capable of preventing violence, narcotics, and human trafficking, and of preserving the human rights and dignity of all who cross the Iraqi borders. ICITAP has been asked to provide up to 20 subcontractor border security instructors and advisors to provide basic skills and advanced training at the regional DBE training academies throughout Iraq. To date, ICITAP has assisted with the training of 11,976 Iraqis in basic border security; advanced and specialized training started this month. - 6 - 87 CORRECTIONS PROGRAM Since May 2003, ICITAP has led the USG's efforts to reconstitute an Iraqi corrections system based on the United Nations Standards for Ethical Treatment of Prisoners. A multinational team, consisting of three ICITAP subcontractor senior corrections advisors, as well as three experts from Great Britain and Canada, produced a final report on the state of the Iraqi corrections system that was issued on June 15, 2003. The assessment report made 15 specific recommendations for the re-establishment of a professional, secure, and humane correctional system to support the Iraqi criminal justice system. These recommendations became the basis for the development of a strategic plan to establish a new Iraq Corrections Service (ICS). Within the first three months, ICITAP trainers reinstituted operations of prison facilities in the Baghdad region and stood up an initial guard force to begin intake of criminal detainees. Today ICITAP remains the primary USG entity charged with implementing prison reform initiatives. The program is headed by two ICITAP Federal civilian managers in Iraq who oversee approximately 80 contractor personnel serving as international corrections trainers (ICTs) to support the development of the ICS. Unlike the ICITAP police trainers - who are under the control of CPATT -- the ICT mission remains under the control of the Embassy's rule of law program. To date, ICITAP has received a total of $62.6 million from INL for this effort. ICITAP's 80 ICTs are stationed in Baghdad and northern regions. ICITAP provides basic training, field training, and mentoring in an effort to strengthen the ICS and Kurdish region institutional capacities. On-the-ground efforts are closely coordinated with British corrections advisors, who support reform efforts in Iraq's southern region, particularly in and around the city .7. 88 of Basrah. ICITAP also coordinates with the U.S. military and the Iraqi Ministry of Interior, both of which oversee substantial numbers of detainees currently outside the Iraqi corrections system. In practice, the correctional system in Iraq consists of the ICS national system and an independently operated system in the country's northern Kurdish region. ICITAP has successfully built an indigenous training capacity within the ICS, providing instructor SUCO development courses to Iraqi instructors, who in turn provide advanced courses in weapons, emergency response team training, transportation, personal security details, and biometrics. ICITAP also established the National Corrections Training Academy and regional training academies, which have graduated more than 7,500 new staff from pre-service training. In addition, ICITAP has facilitated the transfer of authority at the Baladiyat Prison from the Iraqi Ministry of Interior (MOI) to the Ministry of Justice. Baladiyat is a 750-bed, newly constructed MOL-operated detention facility. Following the completion of renovations funded by the U.S. military, the facility now houses ICS inmates. On September 1, 2006, ICTs assisted in the final transfer of Abu Ghraib Prison to the ICS. The ICS and the Iraqi Amy have united forces to guard the 6,000-bed prison until its future use is determined. Abu Ghraib was closed on February 28, 2006, when approximately 2,000 inmates were transferred out of the facility. Currently, ICITAP is assisting the ICS in the development of director general's orders, utilizing the United Nations Standards for the Ethical Treatment of Prisoners as a general guideline for policy formation. The first order, which explained the director general order procedure, was distributed at the director general's executive staff meeting on April 9, 2006. To date, 30 director general's orders, covering a variety of topics, have been completed. -8- 89 THE COMMISSION ON PUBLIC INTEGRITY PROGRAM The Commission on Public Integrity (CPI) was created in early 2004 by the CPA, pursuant to CPA Rule 55. The CPI was established as an independent governmental body with the mission to prevent and investigate corruption, and to promote transparency and the rule of law throughout Iraq. The Iraqi Governing Council, which was responsible for the establishment of the CPI, vetted civilians with legal backgrounds to carry out the commission's investigative functions. The Anti-Corruption Unit (ACU), along with the Special Investigative Unit (SIU), fulfills critical investigative functions within the CPI structure. Their respective assignments are to investigate alleged acts of corruption and to provide protection for public officials who are threatened due to their cooperation with ongoing corruption investigations. Since September 29, 2004, State/INL has provided more than $9.6 million in funding to ICITAP to provide institutional support, training, mentoring, and investigative surveillance equipment needed to establish and train an effective CPI investigative corps. ICITAP has deployed 16 subcontractor advisors in-country to oversee this effort and support the investigators assigned to the CPI. FY06 funds facilitated an expansion of program assistance in the areas of witness protection, intelligence, forensic capability, and internal controls. The additional resources have also enabled ICITAP to support the CPI's placement of six regional branch offices and smaller CPI satellite offices in Iraq's 18 provinces. The program continues in FY07. -9- 90 ICITAP has successfully trained 120 ACU and 161 SIU anti-corruption investigators, who have been assigned 1,851 public corruption cases to date. During FY06, advisors assisted CPI investigators with the referral of 1,388 cases to the Central Criminal Court of Iraq for prosecutorial opinion. III. OTHER DOJ TRAINING IN IRAQ I would be remiss if I did not note that ICITAP is only one part of the extensive efforts undertaken by the Department of Justice to help establish the rule of law in Iraq. With the committee's permission, I would like to describe briefly our other work in this area. While a few con of these also depend upon limited contract support, by far the majority of them are executed by Department of Justice personnel assigned to the Embassy in Baghdad: OPDAT: The Criminal Division's Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) – the sister organization of ICITAP – has deployed Federal prosecutors to serve as Resident Legal Advisors (RLAs) in Baghdad and as part of Provincial Reconstruction Teams (PRT) in five other cities. The RLAs currently train trial and investigative judges under the authority of the Higher Juridical Council; advise on changes in law and policy within the Higher Juridical Council; and provide counsel, support, and assistance on a variety of court administration, management, security, and case-specific matters. The RLA programs are conducted pursuant to agreements with DOS, and funding for the effort since 2003 has totaled : approximately $25.4M in total funding from Foreign Operations or Iraq Relief and Reconstruction Fund (IRRF) appropriations. - 10. 97 United States Marshals Service: Twelve Deputy U.S. Marshals from the USMS Special Operations Group (SOG) serve in Iraq on four-month rotational assignments. They SU Prve provide technical assistance and training support to the Iraqi judicial sector on security for witnesses, judges, prosecutors and other court personnel, as well as security for courthouses. In addition, they are beginning to provide support for the creation of a counterpart Iraqi Marshals Service. To date, USMS programs has received $38M from the State Department's Bureau for International Narcotics and Law Enforcement Affairs (INL) and the Iraq Relief and Reconstruction Fund (IRRF) for these efforts. Bureau of Alcohol, Tobacco, Firearms and Explosives: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has participated since October 2003 in the planning LUN and implementation of counterterrorism/explosives training for the Iraqi Police in support of the Civilian Police Assistance Training Team (CPATT). ATF has completed numerous two-week post-blast investigation courses at Camp Dublin and one-week basic explosives courses at Adnan Palace for over 300 Iraqi Police Service officers. (ATF also has conducted 15 highly-specialized pre-deployment Military Post-Blast Investigation Training schools for U.S. military personnel before they arrive in the Iraqi theater, as well as pre-deployment explosives training for U.S. State Department Diplomatic Security Service personnel headed to Iraq.) In addition, ATF has deployed eight personnel in Iraq in support of the Combined Explosives Exploitation Cell (CEXC), including Certified Explosives Specialists and Explosives Enforcement Officers assigned to incident response teams and providing technical explosives and post-blast investigative expertise. Since March 2004, ATF also has deployed a Certified Explosives ves Specialist, Special Agent Canine Handlers, and a canine unit to Iraq to perform missions related -11- 92 to sensitive critical infrastructure protection, including searching vehicles, individuals, and facilities to reduce and counter the threat of improvised explosive devices. Drug Enforcement Administration: The Drug Enforcement Administration (DEA) has delivered courses in intelligence and intelligence analysis to the Iraqi police agencies in support of CPATT. Federal Bureau of Investigation: Since 2003, the FBI has deployed rotating teams of personnel to provide specialized counterterrorism and complex criminal case training to the Iraqi police in support of CPATT. In addition, the FBI has ten personnel at the Legal Attaché Office in Iraq to perform investigations and other operational activities. The Department also has 55 agents and support staff at the Baghdad Operations Center (BOC) and throughout Iraq; the majority of these agents serve on rotating details. Major Crimes Task Force: In 2005, the Department of Justice established the Major Crimes Task Force (MCTF), which assists the Iraqi police agencies with the investigation of major crimes (murder, kidnapping, etc). Using a train-the-trainer approach, ten Federal law enforcement personnel from the FBI, DEA, USMS, and ATF enhance the Iraqi police officers' abilities to conduct major investigations with the intent of restoring law and order. Resources and funding ($11.0M) for the MCTF originated with a directed reallocation of IRRF funding that was transferred to DOJ through DOS. The Regime Crimes Liaison's Office: The Regime Crimes Liaison's Office (RCLO) was established in May 2004, to assist the Government of Iraq in investigating and prosecuting. crimes by Saddam Hussein and key members of his regime, and in establishing the Iraqi High Tribunal (IHT) to try former regime members for their crimes. The RCLO numbers approximately 120 full-time personnel, including 13 Assistant United States Attorneys (AUSA), - 12 - 94 UNTIL RELEASED BY THE HOUSE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS JOINT TESTIMONY OF MR. GARY MOTSEK ASSISTANT DEPUTY UNDER SECRETARY OF DEFENSE OFFICE OF PROGRAM SUPPORT OFFICE OF THE UNDER SECRETARY OF DEFENSE (ACQUISITION, TECHNOLOGY & LOGISTICS) AND COLONEL ANITA RAINES J-4 BEFORE THE UNITED STATES HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS April 25, 2007 FOR OFFICIAL USE ONLY UNTIL RELEASED BY THE HOUSE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS 95 Chairman Meehan, Ranking Member Akin, and Members of the Committee, thank you for the opportunity to appear before you today to discuss contracting issues relating to the Iraqi Security Forces. At the Department of Defense, we perform thousands of contract actions to support the State Department and the Multi-National Security Transition Command-Iraq (MNSTC- I). All of our support contracts follow normal contracting processes and procedures, and we are fully committed to working with our agency partners on these contracts. We are pleased to join our colleagues from the State Department and the Department of Justice to share with you an overview of our contingency contracting efforts. We are currently incorporating the requirements set forth by Section 854 of the Fiscal Year 2007 National Defense Authorization Act into our new contingency contracting policies. We are implementing measures that institutionalize and enhance the oversight of contractor personnel and contractor operation. Since October 2006, we have established the Office of the Assistant Deputy Under Secretary of Defense for Program Support, established the Materiel Readiness Committee, are developing a Contingency Acquisition Support Office, and expanded Contingency Contracting training modules through the Defense Acquisition University as required by Section 854. We have also begun to improve controls with contracting through the use of automated systems tied to our common access cards. With these systems we have been able to establish a 100 change introduced by contracting for training generally exacerbates the above difficulties. Below, I first outline the general benefits and risks of using contractors and then discuss at how they impact the general difficulties of training foreign forces. Benefits: PSCs can draw on a deeper pool of personnel and personnel with specific experience. In the ACRI program, for instance, MPRI was able to provide French-speaking instructors for francophone African states that would not be available from the ranks of the Special Forces. In Iraq, the US has relied on PSCs that have recruited internationally, providing a much larger labor pool. Contractors can provide greater stability in training programs. While military personnel rotate in a fixed manner in US forces, PSCs can provide teams in which the same personnel stay in a country for several years." Contractors can move personnel to the field more quickly in some circumstances, providing what some have called "surge” capability.“ As the US went about the monumental task of training the Iraqi Army, police, and other security forces, PSCs offered a vehicle for a rapid increase in trainers that bolstered the capacity of thinly stretched coalition forces. Risks: Contractors are "rigid tools for fluid environments". The contract specifies tasks to be done and payment to be received for a specific period of time. Even if US priorities change, the contract enshrines the original agreement and makes change costly. Contracted services often pose difficulties with coordination and integration. Integration between different elements of US government, the host government, and other governments is complicated by dividing up training efforts among different contractors. Contracted training services are subject to political opportunism. When contractor and host government share interests, they can collude to further private interests rather than public goals. Contracted training is difficult to monitor and control. Contracted training can be more costly. Particularly in risky or uncertain environments. ? Interview with Ed Soyster, MPRI - 12 April 99; Interviews with Jean-Michel A Beraud and Clifford L... Fields, MPRI (ACRI program) 31 January 00; Interview with Scott Fisher, State Department, ACRI program, 31 August 99. Comments of Theresa Whelan, Deputy Assistant Secretary of Defense for Africa, at the International Peace Operations Association Dinner, Washington, DC, 19 November 2003. * Interviews with Ed Soyster, MPRI, 1999, 2000, 2002; Stacey Rabin, PAE, comments at SAIS/IPOA Conference, “Enhancing Public-Private Peace Operations: Evaluations and Opportunities," Washington, DC, SAIS 20 November 2003. 103 Increased activity on the part of the Iraqi government is vital to the creation of an effective set of security forces in the long run. If these interventions are partisan or corrupt, however, they impede coordination and work against US and coalition goals. Because contractors are directly interfacing with the Iraqi government and have information about the degree to which members of the Iraqi government are reinforcing or undermining professional training, it is crucial that effective communication networks between US and coalition forces, US and coalition policy makers, and contractors be constructed. In one important way, contracting for training can provide some advantages in coordination by generating greater stability of personnel doing the training. While military personnel rotate in a fixed manner in US forces, PSCs can provide teams in which the same personnel stay in a country for several years. 3. Political direction from civilians that are poor or opportunistic can undermine stability no matter how good the training. Military capacity need not translate into stability. Capable security instruments can overthrow governments or allow individual leaders or groups to pursue private or partisan ends. While the efforts of US troops are not impervious to this dynamic, PSCs are more likely to feed into opportunism. By their very nature, the flexibility of private forces can more easily be taken advantage of for private gain. This was immediately apparent in the creation of the Facilities Protection Services in Iraq. Reports were that whole militia groups joined in force leading salaries and training to further strengthened the militias. Erinys did not violate the terms of its contract by training these people: the contract did not anticipate this opportunistic action. Initially each Iraqi ministry had armed units from this force to protect their infrastructure and other units protected private property but the Facilities Protection Services is now being moved under the control of the Ministry of the Interior. As indicated above, though, similar infiltration has been reported to have occurred in the police forces. The Ministry of the Interior, under whom the Iraqi Police Service, the National Police and the Directorate of Border Enforcement serve, is also reported to have strong ties with Shiite militia groups. In response to concerns about the infiltration of the Iraqi police, DynCorp spokesman Greg Laguna said, “We don't control the political situation, the political loyalties of the people.” There are two kinds of opportunism at work in Iraq. One is a very dangerous potential for a diffusion of control that could result in the development of parallel forces that do not work together under central government command. Lessons from a wide variety of transitional states suggest that parallel forces loyal to different leadership can undermine prospects for peace. A crucial element for the development of civilian control is a civilian hierarchy that centralizes command over all forces. s Comments of Theresa Whelan, Deputy Assistant Secretary of Defense for Africa, at the International Peace Operations Association Dinner, Washington, DC, 19 November 2003. 104 The second is lower level corruption where officers pay kick backs to their superiors in order to get supplies and ghost soldiers and police help line political pockets. This second problem is exacerbated by the degree to which governance by local tribal and religious leaders take precedence over or are not well coordinated with the Iraqi constitution and Iraqi law. Both work to undermine training efforts and often they work together. Setting up a system where contracted trainers think it is their job to contribute to managing this kind of opportunism is quite difficult - but it is also vital if we are to avoid US dollars being used to undermine stability in Iraq. Coordination among the different forces in Iraq and the tensions between the Ministry of the Interior, the Ministry of Defense, and the national leadership is something that needs to be monitored carefully. 4. Professional values are often hard to put in practice - particularly against irregular opposing forces The difficulty of maintaining professional behavior against irregular forces is something that troops struggle with constantly even in the US and the UK where training and socialization in professional values is very strong - witness Abu Ghraib and Haditha. Training forces without an historical appreciation of military professionalism to abide by these international law and professional values in the midst of an insurgency is a monumental task. To the degree that PSCs draw from retired military personnel who are well socialized in international values and conduct their work accordingly, the values represented in military training can be as strong as if troops were training. The work that MPRI did for the ACRI program drew personnel with good area and language skills and generally operated well within the bounds of integration with social values. PSCs pulled directly from US professional military education in designing their curriculum. This curriculum is carefully designed to represent international values (not simply supporting civilian control of the military and respect for human rights, but claiming that these are integrally related to success on the battlefield) that model a particular type of military professionalism - and one that is consistent with what active-duty US troops would present. Because contractors are not subject to the chain of command, however, the reliability of their behavior (even given recent attempts to make them liable to the US Code of Military Justice) is not as well reinforced as troops. According to Colonel Gerald Schumacher, a retired Special Forces officer, chaotic conditions in Iraq have led to an almost cavalier attitude among private security personnel toward international law, “I don't know how anyone can function in an insurgent environment and have any regard for the laws of warfare and the Geneva Conventions."l6 16 Quoted in Tob Robberson, “DynCorp has big role, little oversight in war efforts,” Dallas Morning News, Sunday 24 December 2006. 105 Furthermore, the US contracting pattern in Iraq has relied on more companies and some that have recruited much more internationally. This recruitment pattern has yielded a more heterogeneous set of employees and companies that may represent different values (or less attention to professional values) in training. The US contract with Erinys to train a private facilities protection force brought in expatriates from South Africa, Nepal, and the UK, among others." The degree to which these employees represented professionalism in their work has been questioned - even by those in the industry. Even if professional values are modeled in training, they also have to be reinforced with promotions and other rewards in the service. If personnel are rewarded for professional behavior, the organization will yield more professionalism. If, as in the case of the police chief in Basra who was fired for telling the truth about militia infiltration, they are punished for professional behavior, however, the reverse will be true. 5. The US often has many sub-goals in a conflict and the pursuit of one may undermine others (e.g., US forces working with warlords in Afghanistan to gain access to al Qaeda hideouts -one US goal- worked against President Karzai's efforts to consolidate control over the country by training a national Afghan Army -another US goal). Contractors have frequently used the complexity of US goals to suit their interests in the continuation of a contract. When it looks as if their contract might be frozen because a host country is violating human rights concerns or misbehaving in some other way, a company may claim that its contract should not be frozen because "engaging” human rights abusers may lead to improvements in civil-military relations and democratization that may enhance attention to human rights in the long term. In a number of instances, these kinds of arguments have allowed a contract to continue even when a legal embargo is in effect. 18 When confronted with evidence that the same company's contract may be in violation of local laws or be used politically by host country politicians in violation of human rights norms, though, the company can turn around and claim that it is serving US interests by enhancing the capacity of the host government's forces or rewarding cooperative behavior internationally. More than once, contractors told me that, “it is not our job to insure that our boss (the host country) abides by its own laws."9 Similar issues have cropped up in the training of Iraqi security forces. Institutional structures that can ameliorate foreign training stresses I have argued elsewhere that democratically dense networks of international organizations (IOS) - can offer a coordinating umbrella for norms and standards and "DynCorp advertisements for police officers specify a requirement for US citizenship. See http://www.policemission.com/iraq.asp. " See Deborah Avant, The Market for Force: the Consequences of Privatizing Security, (Cambridge: Cambridge University Press, 2005), chapter four. " Interviews with MPRI officials, 2002. 108 perceives a lower level of US commitment and generally values this training less highly- there is a certain cachet attached to being trained by US troops.23 And there are questions about the relative costs of these missions.24 The private option also enables US government officials to forgo investment in (or reorganization of) military forces for new problems – using PSCs one time make it more ey will be used in the future.25 While the private option provides flexibility in the short run, then, it is harder to control and frequently more costly than its public alternative and reduces incentives to reorganize the force. This is dramatically illustrated by the US use of DynCorp for fielding international civilian police. Initially DynCorp allowed the US to field a force of international civilian police in Haiti that it had no other way of fielding. Over the long term, however, the DynCorp option has allowed the US government to avoid the creation of an international civilian police capacity - despite the fact that such forces have been routinely sent abroad over the last 10 years and much evidence that these forces lack the requisite strategic vision for effective action.27 Contracting for foreign training has thus far changed the balance of control between the executive and legislative branches of government. The executive branch hires contractors, not Congress. Though Congress approves the military budget, it does not approve individual decisions to contract out training. It is harder for Congress to oversee PSC behavior in contract with the US government. The annual consolidated report on military assistance and sales, for instance, does not include information on who is conducting particular training missions.-- Examples of executive use of PSCs to evade congressional restrictions abound. For instance, when Congress institutes stipulations on the numbers of US troops - the executive has used contractors to go above this number: Sometimes Congress has innovated and stipulated an upper limit on the number of contractors, but this has simply led PSCs to hire more local personnel. Thus, the executive branch, in its decisions to hire contractors and in its day-to-day implementation 2 Comments of Theresa Whelan, Deputy Assistant Secretary of Defense for Africa, at the International Peace Operations Association Dinner, Washington, DC, 19 November 2003. 24 Decisions to outsource these missions are generally to reduce stress on personnel not to save money - but many point to assumed) cost saving to justify the privatization. A variety of Pentagon staff, however, have expressed confusion about the relative cost and suspicion that the cost is higher. There are no good empirical studies of the relative cost of public v private foreign training. 25 Thomas McNaugher, “The Army and Operations Other than War,” in The Future of the Army Profession edited by Don M. Snider and Gayle L. Watkins (Boston: McGraw-Hill, 2002). 20 See Goldman, et. al., Staffing Army ROTC, P. 12; Susan Gates and Al Robbert, “Personnel Savings in Competitively Sourced DOD Activities," (Washington, DC: RAND (MR-1117-OSD); “Contingency Operations: Army Should Do More to Control Contract Cost in the Balkans," GAO/NSIAD-00-225 (September 2000). 27 Interview with Robert Perito, June 04. See Perito, The American Experience with Police; Robert Perito, Where is the Lone Ranger When You Need Him? America's Search for a post-conflict Stability Force (Washington, DC: United States Institute for Peace Press, 2004); David Bayley, Democratizing the Police Abroad: What to do and How to do it, (Washington, DC: National Institute of Justice, 2001). "Lumpe, “US Foreign Military Training;" Baum, “Nation Builders for Hire," p. 36 109 of policy is advantaged vis-a-vis Congress. Indeed, this change is often touted by members of the executive branch as one of the benefits of contracting out." This is not to suggest that congressional oversight of foreign training is easy or that the executive does not have an advantage in this arena in the first place. The institutional safeguards that give Congress indirect means of control over military forces, however, are not present with PSCs. For instance, Congress has long-standing ties to military organizations, which affect incentives for individual service members and provide mechanisms for congressional control. These mechanisms are not so readily available for PSCs. There are, of course, other ways to avoid congressional scrutiny - through the use of covert operations, for instance. PSCs simply add another tool to this list. This is also not to suggest that Congress will not develop better tools for oversight of PSCs in the future. Given the stresses on US forces and the likelihood that contractors will be used for a wide variety of military tasks in the future, I hope that Congress along with the agencies of the executive branch will develop more effective strategies for managing these contracts. 30 For instance, Theresa Whelan claimed that one of the advantages of contractors is that they "ease” FMF rules for training foreign militaries. Comments of Theresa Whelan, Deputy Assistant Secretary of Defense for Africa, at the International Peace Operations Association Dinner, Washington, DC, 19 November 2003 12 110 DISCLOSURE FORM FOR WITNESSES CONCERNING FEDERAL CONTRACT AND GRANT INFORMATION INSTRUCTION TO WITNESSES: Rule 11, clause 2(g)(4), of the Rules of the U.S. House of Representatives for the 110th Congress requires nongovernmental witnesses appearing before House committees to include in their written statements a curriculum vitae and a disclosure of the amount and source of any federal contracts or grants (including subcontracts and subgrants) received during the current and two previous fiscal years either by the witness or by an entity represented by the witness. This form is intended to assist witnesses appearing before the House Armed Services Committee in complying with the House rule. Witness name: Deborah Avant Capacity in which appearing: (check one) _x_Individual _Representative If appearing in a representative capacity, name of the company, association or other entity being represented: FISCAL YEAR 2007 federal agency dollar value federal grant(s)/ contracts N/A subject(s) of contract or grant FISCAL YEAR 2006 federal agency federal grant(s) / dollar value contracts INA subject(s) of contract or grant 111 FISCAL YEAR 2005 VO federal agency dollar value Federal grant(s) / contracts Title VI subject(s) of contract or grant International Education Department of Education $325,556 Federal Contract Information: If you or the entity you represent before the Committee on Armed Services has contracts (including subcontracts) with the federal government, please provide the following information: Number of contracts (including subcontracts) with the federal government: Current fiscal year (2007):_0_ Fiscal year 2006:_0 Fiscal year 2005: _O_ Federal agencies with which federal contracts are held: Current fiscal year (2007): 0 Fiscal year 2006: 0 Fiscal year 2005:_0 List of subjects of federal contract(s) (for example, ship construction, aircraft parts manufacturing, software design, force structure consultant, architecture & engineering services, etc.); Current fiscal year (2007): Fiscal year 2006: _ Fiscal year 2005: Aggregate dollar value of federal contracts held: Current fiscal year (2007): 0 Fiscal year 2006: Fiscal year 2005: 112 Federal Grant Information: If you or the entity you represent before the Committee on Armed Services has grants (including subgrants) with the federal government, please provide the following information: Number of grants (including subgrants) with the federal government: Current fiscal year (2007):_0_ Fiscal year 2006: Fiscal year 2005: _ 1_ 0 Federal agencies with which federal grants are held: MANAN Current fiscal year (2007): _ Fiscal year 2006: Fiscal year 2005: DoE List of subjects of federal grants(s) (for example, materials research, sociological study, software design, etc.): Current fiscal year (200 Fiscal year 2006: _ Fiscal year 2005: International Education Aggregate dollar value of federal grants held: Current fiscal year (2007): Fiscal year 2006: _ Fiscal year 2005: _$325,556 115 INTERNATIONAL PEACE OPERATIONS ASSOCIATION Security Sector Reform in Iraq: Enhancing the Role of the Private Sector Testimony of the International Peace Operations Association 25 April 2007 Doug Brooks, President 1. Introduction Thank you for the opportunity to provide an industry perspective on the critical issues highlighted in this hearing. The role of the private sector is too little understood and too often treated with suspicion. The International Peace Operations Association is a nonprofit, nonpartisan, nongovernmental association of services companies providing critical services to stability and peace operations worldwide. With more than thirty member companies providing services including training, logistics, security, aviation, mine action, and medical support we represent a demand-driven industry providing cost effective services in some of the most dangerous environments imaginable. This testimony will provide some background information and explain why governments utilize these companies and how they can best be smart clients. The leadership, initiative, and oversight of the training effort must come from the governments of the United States and Iraq. While some of the actual training can be done by U.S. military and government employees, we should be clear that a significant portion of the expertise, resources and hundreds of experienced long-term personnel doing the hands-on training and mentoring are necessarily going to come from the private sector. Contractors are providing extraordinary expertise, resources and capacity to the training and support of the Iraqi police and military. This is a concept where an effective public- private partnership is simply indispensible. Indeed, it is inconceivable that success could be achieved any other way. Not surprisingly there have been innumerable political and operational problems and conflict related setbacks to the training programs, as well as frequent attacks targeting the Iraqi trainees. Attempting reconstruction and redevelopment in the face of an ongoing conflict is necessarily difficult and nothing quite like the operation in Iraq has been attempted in the past. The closest parallel might be the Civil Operations and Revolutionary Development Support (CORDS) program in Vietnam, which did show a surprising degree of success in the face of constant attacks by the Vietcong - but only with an astonishing 117 Contractors are able to stay in the field indefinitely. Turnover is lower than similar military operations where units are rotated out on six to twelve month tours and individuals must constantly be reassigned to new positions in order for their careers to progress. The private sector's ability to maintain core personnel from year to year to ensure a single doctrine applied by a single training entity enhances standardization and quality. Contractors are not given enough credit for their resilience to risk. While some critics of the private sector have predicted that contractors would withdraw due to the high risk inherent in Iraqi operations, in fact the industry has found the risk levels to be manageable and remarkably few companies have left as a result of the threat levels. Risk fluctuates, but to date contractors have shown amazing robustness in their performance. Companies are much more controllable and accountable than portrayed in the press. Contracts can be and are sometimes modified, penalized or cancelled based on performance and changing conditions. Companies must answer to government Contract Officers providing guidance and oversight and contractors must obtain government licenses to do military or police training. All government contractors must abide by the Federal Acquisition Regulations (FAR) and if they are working for the Department of Defense, they must also follow the Defense Federal Acquisition Regulations Supplement (DFARS). This is a process than can always be improved and enhanced, but it is important to keep in mind that additional rules and regulations can also add costs and more importantly, risk. Individual contractors themselves can be held accountable as well. The Military Extraterritorial Jurisdiction Act (MEJA) allows the U.S. government to try individuals of all nationalities (except host country nationals) in Federal courts for felonies. This law has been on the books for several years but the Department of Justice is only now beginning to exercise it appropriately. There have been changes made that may put contractors under the military's Uniform Code of Military Justice (UCMJ). However the use of the UCMJ for civilians has been extremely controversial and is opposed by several human rights organizations. Similar rules have been struck down in the past by the Supreme Court as well. Nevertheless, effective accountability is good for the industry and IPOA has been consistent in support of enhancement The private sector is fully expandable to address changing needs and requirements. Companies are able to tap into huge pools of expertise and most companies have databases of thousands of individuals with a full array or skills, expertise, experiences, languages and capabilities which can be brought to bear in 118 INTERNATIONAL PEACE OPERAȚIONS ASSOCIATION support of policies. Contractors take a burden off the military and allow soldiers to focus on their core missions. As the situation in Iraq evolves we can be confident the role of the private sector will evolve as well. III. Improving Contracts Outsourcing has been hugely successful, and we do have the best-supported, best-supplied military in history. However, there have been some obvious and very public flaws that have arisen in the course of the conflict and there is a number of things that could be done to address the problems. In light of the number and value of contracts that have been utilized, the most obvious way to maximize value would be for both the Department of State and Department of Defense to improve oversight capacities and capabilities in general. The quality of Contract Offices has varied significantly, a problem frequently cited by IPOA's membership, although our member companies also emphasize that there has been a steady improvement. Improvement in oversight is something our industry strongly supports as good oversight benefits better companies as well as clients. Next, contracts for complex contingency operations need to have flexibility built in to take into account the inherently chaotic nature of conflicts. Too often contracts are modified significantly while already in force, creating problems, additional costs and delays for companies and clients. A frequent complaint from our member companies is about the lack of continuity in oversight. Handoffs between Contract Officers and their successors can be irregular, problematic and disruptive. This can be compounded when contracts are passed between government departments. Intragovernmental coordination could be vastly improved. Companies are concerned that DoD Contract Officers and Dos Contract Officers neither communicate enough nor do they operate with the same rules, creating costs and complications impacting on performance. Finally, there needs to be a recognition that quality matters, especially for contracts where so much is at stake. Too much emphasis is placed on competitive pricing when better quality companies are ultimately more effective at achieving policy objectives. Contracts awarded with too much emphasis on price can reward marginal companies and undermine more experienced and professional firms. Repairing problems or addressing delays made by cheaper contactors can also cost more resources in the long run. Companies that are members of IPOA would like to be recognized for adhering to a recognized industry code of conduct, something that is especially significant given the realities of conflict and post conflict 119 INTERN À TI O NÁD PEACE OPERATIONS ASSOCIATION environments. Ultimately, too much emphasis on price often simply offers a mirage of good value although the larger mission is not served well as a result. IV. Conclusions The U.S. effort in Iraq has been the best-supported, best-supplied military operation in history largely due to the innovative and creative utilization of private sector resources. There have been a number of well publicized problems and there will no doubt be more in the future. U.S. government leadership could be immensely useful in addressing the problems and ensuring that the invaluable capabilities the private sector brings to enhance national policies continue to be utilized to their fullest. Particularly with the Iraqi police, the use of contractors has enabled the training of tens of thousands of police without creating undue strain on military operations. The capacity that the private sector has brought to the challenge could not have been achieved in any other way without significant additional costs and strains on the larger U.S. effort in Iraq. Contractors reduce the burden on the military and could do more if these programs were expanded, especially regarding military training as has been done in the past. There are ways that the process could be improved and there is much that could be done to ensure better procurement, management, oversight and law enforcement. Good laws and good oversight are good for good companies. As a responsible trade association IPOA is happy to work with all branches of the U.S. government to proactively address the problems. Perfection in peace and stability operations remains a lofty goal, and laws and practices need constant refinements and improvements. We must remember that the private sector has been supporting U.S. military operations for literally centuries, and there is no doubt that we are going to utilize its capabilities in the future. It is critical that we use these companies in the best, most cost effective and efficient way. while at the same time guaranteeing effective oversight and accountability. I look forward to answering your questions. 120 DISCLOSURE FORM FOR WITNESSES CONCERNING FEDERAL CONTRACT AND GRANT INFORMATION INSTRUCTION TO WITNESSES: Rule 11, clause 2(g)(4), of the Rules of the U.S. House of Representatives for the 110th Congress requires nongovernmental witnesses appearing before House committees to include in their written statements a curriculum vitae and a disclosure of the amount and source of any federal contracts or grants (including subcontracts and subgrants) received during the current and two previous fiscal years either by the witness or by an entity represented by the witness. This form is intended to assist witnesses appearing before the House Armed Services Committee in complying with the House rule. Witness name: Doug Brooks Capacity in which appearing: (check one) Individual X Representative If appearing in a representative capacity, name of the company, association or other entity being represented: International Peace Operations Association (IPOA) FISCAL YEAR 2007 federal agency dollar value subject(s) of contract or federal grant(s) / contracts ΝΙΑ grant FISCAL YEAR 2006 federal agency dollar value federal grant(s)/ contracts N/A subject(s) of contract or grant 121 FISCAL YEAR 2005 federal agency dollar value Federal grant(s) / contracts N/A subject(s) of contract or grant Federal Contract Information: If you or the entity you represent before the Committee on Armed Services has contracts (including subcontracts) with the federal government, please provide the following information: Number of contracts (including subcontracts) with the federal government: Current fiscal year (2007): N/A Fiscal year 2006:N/A_ Fiscal year 2005:N/A Federal agencies with which federal contracts are held: Current fiscal year (2007):N/A Fiscal year 2006:N/A Fiscal year 2005:N/A List of subjects of federal contract(s) (for example, ship construction, aircraft parts manufacturing, software design, force structure consultant, architecture & engineering services, etc.); Current fiscal year (2007): N/A Fiscal year 2006:N/A Fiscal year 2005:N/A_ Aggregate dollar value of federal contracts held: Current fiscal year (2007): N/A Fiscal year 2006:N/A Fiscal year 2005:N/A 123 House Armed Services Committee Subcommittee on Oversight and Investigations Gerald F. Burke Major, Massachusetts State Police (Retired) Former Senior Advisor, Iraqi Ministry of Interior and Iraqi Police Service April 25, 2007 Good morning and thank you for the opportunity to speak today. My name is Gerald Burke. In May 2003, I was a member of a six-person team of police executives sent to Baghdad, : Iraq, by the United States Departments of Justice (ICITAP) and State (INL). The police team was part of a larger criminal justice team including corrections and legal executives. That assignment in Iraq would last until June 2004. Initially, our team conducted a Needs Assessment of the Iraqi Police Service (IPS) for DoJ and DoS. In March 2005, I returned to Baghdad with the Iraq Reconstruction Management Office as a National Security Advisor to the Iraq Ministry of Interior. That assignment lasted until February 2006. Based upon my professional training, education and experience, and particularly, my two years in Iraq, I have made several observations and conclusions. SUMMARY: It is my opinion, that, despite the best efforts of thousands of American Police Officers over the last four years, and the ultimate sacrifice of twelve American Police Officers, the police-training program in Iraq has been a complete failure. If we are lucky, and if the Iraqi people are lucky, we may have an opportunity at the request of. a new Iraq government to do it all over - and to do it right the next time. If we do not get an opportunity to do it over again in Iraq, then we should be better prepared for the next country we are involved with - and there will be, eventually, another country. During my time in Baghdad I worked closely with the United States and British military, particularly the Military Police, the Office of Reconstruction and Humanitarian Assistance, the Coalition Provisional Authority, and the Iraq Reconstruction Management Office. More importantly, I worked very closely, virtually everyday, with the Iraqi Police Service (IPS). First, and foremost, I have nothing but praise for the military. Their war-making capabilities are simply awesome. In particular, I want to compliment the 18th Military 25 APR07 GFB 125 Our original team developed a recommendation for 6,000 international civilian police trainers and advisors. While this recommendation was quickly reduced to 1,500 by powers-that-be above our pay grade, it took six months before the first 24 civilian trainers and advisors arrived from the US. Twenty-four trainers and advisors for a nation of 25 million! A year after our report was submitted there still were less than 100 civilian police trainers and advisors in Iraq. The legislative process in Congress may have caused part of this delay. Part of this delay may have been caused by the bifurcated nature of our international police missions. The Bureau of International Narcotics and Law Enforcement Affairs (INL) of the Department of State and the International Criminal Investigative Training Assistance Program (ICITAP) of the Department of Justice both share responsibility for international police missions. INL is responsible for the advisors who are on the streets and visiting police stations y in Iraq. These advisors are hired on the basis of a low bid contract currently awarded to Dyncorp, I believe. ICITAP is responsible for the classroom trainers working in academies across Iraq. These trainers are hired on the basis of a cost plus contract previously awarded to SAIC but now held by MPRI. This division of responsibility also leads to a number of operational problems as well. My recommendation is that all trainers and advisors should be hired on the basis of a cost plus contract to ensure the highest possible quality of personnel. In Iraq, the funding for civilian police trainers and advisors was not available until after October 2003: eight months after the start of the war. In fact, funding was even scarce for our advance team: I worked under five or six contracts during my first tour as funds were transferred to keep us in country. As the insurgent activity increased in the fall of 2003 with attacks on embassies, the United Nations, the Red Cross, Iraqi police stations, and even our hotel, there was widespread recognition that the recruiting, training and deploying Iraqi Police was failing. The failure to deploy civilian police trainers and advisors in a timely manner delayed the recruitment, training, equipping and deployment of a civilian Iraqi law enforcement agency. The US Military was directed to help with the process. By sheer number of personnel, the US Military began to dominate the process and to accomplish the task. In December 2003 the first class of IPS recruits was sent to the Jordan International Police Training Center. The first IPS recruit class entered the Baghdad Academy in January 2004. By March 2004, the US Government recognized that only the US Military had the personnel, logistical and transportation assets to accelerate the process. The Civilian Police Assistance Training Team (CPATT), under the command of a two star Major General, was created to recruit, train, equip and sustain the IPS. (See the United States Institute for Peace, Special Report 137). 25 APR07 GFB 126 At this point the distinction between an Iraqi military force and an Iraqi civilian rule-of- law police service became almost interchangeable with the use of the term of the Iraqi Security Force. It was at this time that input or control of the police training by civilian police experts was significantly reduced. Across Iraq, American soldiers and Marines were pressed into service to be police trainers and advisors. These soldiers and Marines occasionally came from Military Police units but more often than not they were artillerymen, transportation corps, quartermasters or any other available units. One unfortunate side effect of the militarization of the police training mission was that the soldiers and Marines trained best at what they knew best: military skills and tactics. Issues such as the rule-of-law, human rights and treatment of suspects and prisoners, the concept of probable cause under Iraqi Law and policing in a democracy received less emphasis. In early 2004, partly due to the inability of the Iraqi Police Service to respond to insurgent activity, the Iraq Ministry of Interior and the US Military organized “third force" paramilitary Public Order Battalions such as the Special Police Commandos. These Battalions have now grown to Division level strength and have been recruited en masse from former Republican Guard units and the Islamic fundamentalist Badr Brigade. These Special Police, recently renamed the National Police, receive training only from the US Military and not civilian police trainers and advisors. There have been numerous allegations from Iraqis and non-government organizations that these Special (National) Police are functioning as death squads committing human rights abuses such as murder, torture and kidnapping. Some American military and police advisors sarcastically refer to these Special Police as our “Salvadorian Option". Some refer to them simply as death squads. I want to be careful that my comments - my criticism - of the militarization of the police training mission is not construed as a blanket criticism of the US Military. The US as Military was simply doing its best - while undermanned and under equipped for its primary mission - to fill a void left by other US Government agencies. I also want to make the distinction between the career Iraq Police and the ad hoc Special Police. The IPS pre-dated Saddam and was created in 1920 by the British. Saddam did not particularly trust the IPS and, over the years, created a number of secret police and muhabarat organizations that usurped much of the authority of the IPS. Candidates for the IPS Officer Corps were generally well educated and not necessarily well connected to the regime. Many families sought to get their sons into the police to avoid them getting drafted into the army. This was particularly true during the Iran Iraq War in the 1980's and the Gulf War. Individual officers prided themselves on their higher education. Many of the commanders had attended college outside of Iraq, particularly before the sanctions. 25APRO7 GFB 129 DISCLOSURE FORM FOR WITNESSES CONCERNING FEDERAL CONTRACT AND GRANT INFORMATION INSTRUCTION TO WITNESSES: Rule 11, clause 2(g)(4), of the Rules of the U.S. House of Representatives for the 110th Congress requires nongovernmental witnesses appearing before House committees to include in their written statements a curriculum vitae and a disclosure of the amount and source of any federal contracts or grants (including subcontracts and subgrants) received during the current and two previous fiscal years either by the witness or by an entity represented by the witness. This form is intended to assist witnesses appearing before the House Armed Services Committee in complying with the House rule. Witness name: Gerald F. Burke Capacity in which appearing: (check one) X Individual _Representative If appearing in a representative capacity, name of the company, association or other entity being represented: _N/A FISCAL YEAR 2007 federal grant(s) / contracts federal agency dollar value subject(s) of contract or grant FISCAL YEAR 2006 federal agency federal grant(s)/ dollar value subject(s) of contract or contracts grant 130 FISCAL YEAR 2005 Federal grant(s)/ contracts federal agency dollar value subject(s) of contract or grant Federal Contract Information: If you or the entity you represent before the Committee on Armed Services has contracts (including subcontracts) with the federal government, please provide the following information: Number of contracts (including subcontracts) with the federal government: Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: Federal agencies with which federal contracts are held: Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: List of subjects of federal contract(s) (for example, ship construction, aircraft parts manufacturing, software design, force structure consultant, architecture & engineering services, etc.): Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: Aggregate dollar value of federal contracts held: Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: 131 Federal Grant Information: If you or the entity you represent before the Committee on Armed Services has grants (including subgrants) with the federal government, please provide the following information: Number of grants (including subgrants) with the federal government: - Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: - Federal agencies with which federal grants are held; Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: List of subjects of federal grants(s) (for example, materials research, sociological study, software design, etc.): Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: Aggregate dollar value of federal grants held: Current fiscal year (2007): Fiscal year 2006: Fiscal year 2005: AN 3 QUESTIONS SUBMITTED BY MR. MEEHAN Mr. MEEHAN. What is the plan to address the poor literacy rate among ISF per- sonnel? Colonel RAINES. All Iraqi police forces complete a literacy examination during the recruiting process and individuals must meet the minimum literacy standards. For those individuals that need to improve their literacy skills, literacy training is of- fered at certain police training centers; however, there is no comprehensive nation- wide program within the Ministry of Interior. Literacy is also a basic requirement to join the Iraqi Joint Forces. The Iraqi Joint Headquarters is considering potential programs to improve literacy. For example, in Al Anbar province, Coalition forces and Iraqi leaders have recently worked with local universities to provide focused tutoring for perspective recruits. Currently, in- formal discussions are ongoing between military leaders and university staffs to ex- tend a literacy program to soldiers in the Army, but no formal agreements have been reached. Mr. MEEHAN. What is the plan to address the poor literacy rate among ISF per- sonnel? Mr. MOTSEK. All Iraqi police forces complete a literacy examination during the re- cruiting process and individuals must meet the minimum literacy standards. For those individuals that need to improve their literacy skills, literacy training is of- fered at certain police training centers; however, there is no comprehensive nation- wide program within the Ministry of Interior. Literacy is also a basic requirement to join the Iraqi Joint Forces. The Iraqi Joint Headquarters is considering potential programs to improve literacy. For example, in Al Anbar province, Coalition forces and Iraqi leaders have recently worked with local universities to provide focused tutoring for perspective recruits. Currently, in- formal discussions are ongoing between military leaders and university staffs to ex- tend a literacy program to soldiers in the Army, but no formal agreements have been reached. Mr. MEEHAN. What is the plan to address the poor literacy among ISF personnel? Ambassador PATTERSON. National Security Presidential Directive 36 (NSPD-36) assigned the responsibility for developing Iraq's security forces to CENTCOM. We referred this question to CENTCOM's Civilian Police Assistance Training Team, which provided the following response: All Iraqi Ministry of Interior (MOI) candidates for positions within the civil secu- rity forces must be literate at time of entry. The MOI recruiting policy states that, "the candidates must have graduated from Intermediate School as a minimum re- quirement.” The MOI recognizes that illiterate individuals were hired during a pe- riod of expedient hiring in the provinces and has ordered the provinces to develop literacy programs to address this problem where it may exist. CPATT has supported and implemented a pilot program for literacy at the Baghdad Police College. This program was quite successful and it was turned over to the Iraqi Police Service for wider implementation. Provinces such as Ninawa (Mosul) have developed and imple- mented programs to address the problem of illiteracy within the ranks. Mr. MEEHAN. What is the plan to address the continuing lack of Arabic and Kurd- ish linguists to serve with U.S. trainers, transition teams and partner units four years into the war? Colonel RAINES. Multi-National Force—Iraq (MNF-I) is not aware of any substan- tiated analysis, data, or recent inquiries that indicate a formidable lack of linguists. The latest information from the 27 May 2007 Linguist Weekly Roll-up indicates that Multi-National Security Transition Command—Iraq (MNSŤCI) currently has the following linguists per the stated requirements: Arabic Cat 1 Local Nationals: 507 assigned/547 required (93 percent) Kurdish Cat 1 Local Nationals: 25 assigned/26 required (96 percent) Persian Farsi Local Nationals: 1 assigned/1 required (100 percent) Turkish Local Nationals: 1 assigned/1 required (100 percent) The Army addresses the requirement for Arabic and Kurdish linguists through Soldiers, where available, and through contracting activities. entatto add the post (135) 136 ers and U.S. trainers suboment of 1935. The Thea fill in these eleme train part, Arabidiers. fillimbined was raise any otheirementsment of 1936 MINS from Lucernent to the M units. Inhas mainte Theaterne partnernal.conta The OIF Theater Linguist Manager manages the linguist assets on the ground to provide the greatest linguist support possible to each element present. The majority of the linguist requirements in Iraq are for Arabic speakers and a small percentage is for Kurdish speakers. When Kurdish linguists are requested, the requirement is normally for dual-language Arabic-Kurdish speakers. The following initiatives below represent Army efforts to fill OIF theater linguist requirements: a. All available Soldiers with Arabic and Kurdish language skills currently sup- port OIF operations in accordance with their occupational specialties and unit rota- tions. b. In February 2003, the Army initiated the 09L Translator Aide Pilot Program to bring additional Arabic language skills and cultural expertise into the Individual Ready Reserve. The recruiting effort later expanded to include Kurdish and other languages. In February 2006, the Pilot Program transitioned into the Military Occu- pational Specialty 09L, Interpreter/Translator. Currently, some OIF theater linguist requirements, to include the Military Transition Teams (MiTT) in Iraq, are sup- ported by available 09L Soldiers. c. The bulk of the Arabic and Kurdish linguist support to the MITTs, U.S. train- ers and Coalition partner units in Iraq comes from Local National contract linguists. MiTTs, U.S. trainers subordinate to the MNSTCI and partner units have a current combined linguist requirement of 1935. The Theater Linguist Manager is focused on filling these requirements and has maintained fill in these elements beyond the level of many other OIF units. In February 2007, the total OIF linguist requirement was raised to support an increase of forces. The contractor is increasing local re- cruiting efforts; newspaper advertisements, flyers, and monetary incentives are being considered to meet the higher requirements. The Army continues to provide screening support to the local hiring effort and is addressing local recruitment with the contractor to improve the overall linguist fill. The Army continues to press the current contractor to recruit and retain linguists to achieve 100 percent of the con- tract linguist requirements in Iraq and Afghanistan. d. The Defense Language Institute (DLI) has expanded its efforts to increase linguist throughput and quality, and to increase the Arabic and Kurdish language familiarization available to the Army. The Emerging Languages Task Force pro- vides instruction in low density languages, including Kurdish. New DLI language training detachments and distribution of Arabic Survival kits also increased the available Arabic language training opportunities. While mission requirements are not static and mission changes make it unlikely that we will achieve 100 percent support for the forces in OIF, the Army is doing all possible to provide maximum linguist support: Mr. MEEHAN. What is the plan to address the continuing lack of Arabic and Kurd- ish linguists to serve with U.S. trainers, transition teams and partner units four. years into the war? Mr. MOTSEK. Multi-National Forces—Iraq (MNFI) is not aware of any substan- tiated analysis, data, or recent inquiries that indicate a formidable lack of linguists. The latest information from the 27 May 07 Linguist Weekly Roll-up indicates that Multi-National Security Transition Command Iraq (MNSTCI) currently has the following linguists per the stated requirements: Arabic Cat 1 Local Nationals: 507 assigned/547 required (93%) Kurdish Cat 1 Local Nationals: 25 assigned/26 required (96%) Persian Farsi Local Nationals: 1 assigned/1 required (100%) Turkish Local Nationals: 1 assigned/1 required (100%) The Army addresses the requirement for Arabic and Kurdish linguists through Soldiers, where available, and through contracting activities. The OIF Theater Linguist Manager manages the linguist assets on the ground to provide the greatest linguist support possible to each element present. The majority of the linguist requirements in Iraq are for Arabic speakers and a small percentage is for Kurdish speakers. When Kurdish linguists are requested, the requirement is normally for dual-language Arabic-Kurdish speakers. The following initiatives below represent Army efforts to fill OIF theater linguist requirements: a. All available Soldiers with Arabic and Kurdish language skills currently sup- port OIF operations in accordance with their occupational specialties and unit rota- tions. b. In Feb. 2003, the Army initiated the 09L Translator Aide Pilot Program to bring additional Arabic language skills and cultural expertise into the Individual Ready Reserve. The recruiting effort later expanded to include Kurdish and other languages. In Feb. 2006, the Pilot Program transitioned into the Military Occupa- 140 Absent a “training float,” the Department simply does not have enough personnel to fill all of its critical overseas and domestic positions and simultaneously allow for large numbers of long-term language students. We have prioritized staffing, rede- fined assignments rules, and drawn on Civil Service employees to help fill critical overseas positions, but more resources are needed both to sustain the Department's efforts to develop and maintain a highly-proficient cadre of Arabic speakers and to tend to the general business of diplomacy worldwide. The FY 2008 State Department budget request includes an increase of $20,821,000 to enhance the Department's ability to provide foreign language and other developmental training, including 48 new Foreign Service positions to improve the language proficiency of current and incoming Foreign Service employees. The re- quested increase of $20.821M would also be used to fund special programs such as Arab media workshops and internships in the field and additional overseas immer- sion training opportunities. QUESTIONS SUBMITTED BY MS. DAVIS OF CALIFORNIA Ms. DAVIS. Just a few other questions, in terms of contracts. For example, DynCorp, you mentioned that people need five years of experience in police work in order to train Iraqi personnel. Do we think that that is enough? And are they bringing the skill sets that are really necessary to do that job? Ambassador PATTERSON. Most have significantly more experience. The roughly 690 International Police Liaison Officers (IPLOs) currently serving in Iraq have an average of 21.6 years of law enforcement experience. The current low is nine years and the high is 38 years. We have made significant enhancements to our pre-deployment orientation and screening processes to ensure the personnel we deploy are prepared to meet mission objectives. The screening program includes: psychological tests, physical agility tests, and joint interviews with DynCorp and Department of State employees. IPLO candidates that pass this screening must undergo two weeks of INL-sponsored training before being deployed. Training includes: weapons qualification, mission briefs, familiarization with the history and culture of the region, first aid, convoy operations, team building, GPS and map reading, and hostage and survival training. This effectively screens for unqualified or unmotivated individuals, and roughly 23 percent of candidate IPLOs fail orientation training. We are confident that the IPLOs supplied by the Department of State's contract with DynCorp International have sufficient and relevant law enforcement experi- ence in order to train and mentor Iraqi civilian security forces. We are in constant communication with CPATT to ensure that the personnel provided by our contractor meet the mission needs and are performing effectively as part of the MNF-I mission in the field. candidate is for un cand and children wemo weekete com QUESTIONS SUBMITTED BY MR. ANDREWS Mr. ANDREWS. When a recruit walked through the front door of the JIPTC a year ago, did we know, in fact, who that person was, or did we have to rely upon who they said they were? Mr. MOTSEK. All of the Iraqi Automated Fingerprint Identification System (AFIS) and U.S. Biometric Automated Toolset (BAT) files have been routinely sent to the Department of Defense's Biometric Fusion Center (BFC) to be checked against pre- viously entered BAT records (civil and detainee records), pre-war Iraqi criminal records, 1991 Gulf War prisoner fingerprint records, and latent fingerprints har- vested from various forensic efforts in Iraq. There is also an arrangement with the Federal Bureau of Investigation to compare these records with FBI records and other associated biometric records collected by the U.S. Government. If this crosscheck identifies derogatory or negative information on any student who is attending, or has graduated from, the Jordan International Police Training Center (JIPTC) or other Civilian Police Assistance Training Team (CPATT)-certified police academy inside Iraq, those files are turned over to the National Ground Intel- ligence Center (NGIC) and Iraq's Ministry of Interior Internal Affairs section. The comparison of all biometric records (not exclusively police cadets or graduates) up to June 2007 had resulted in more than 8,500 matches to criminal records generated from approximately 666,500 biometric enrollments (includes persons other than po- lice). As of June 2007, there were 29,691 JIPTC graduates enrolled in the system. Mr. ANDREWS. Is the Department of Defense tracking through CPATT these train- ees? 142 which limited CPA's ability to verify graduates' whereabouts; and the absence of electronic database systems (and often even the power to operate electronic systems) at both the federal and provincial/district levels. Other factors also complicated the effort. Police station commanders, in many cases, were not given notice from MOI that new officers would be assigned to their stations and commanders often did not have the resources to pay new officers. There was also resistance on the part of some Iraqi police commanders to accept JIPTC graduates, as they either did not ac- cept the training or preferred to appoint their own officers. Finally, some Iraqi offi- cers decided not to serve as police officers and others left due to insurgent intimida- tion, threats, and attacks against new police officers. Mr. ANDREWS. What kind of biometric tracking is now in place for recruits and graduates at the JIPTC? Colonel RAINES. Iraqi Police Service (IPS) recruits are entered into biometric data- bases. Each recruit provides detailed personal information, ten fingerprints, a front and side view photograph, a retinal scan, and a voice print. The electronic files are sent to the Iraqi Automated Fingerprint Identification System (AFIS) compound at Adnon Palace where all the files are checked not only through the Iraqi AFIS sys- -.. tem (internal to Iraq), but also through the Biometric Fusion Center (BFC) in West Virginia. There, these files are cross-checked with two U.S. force protection systems used by the Coalition in Iraq: the Biometric Identification System for Access (BISA) and the Biometric Automated Toolset (BAT). Any recruit record identified with a "hit" on the AFIS system (e.g., criminal record or double dipping in two agencies), is sent to Ministry of Interior Internal Review for investigation. The Iraqi AFIS does not track where IPS officers are stationed or what training they have received. Currently, this is a manual paper/ledger process. However, a human resources system, the Iraqi Police Data Management System (IPDMS), is currently being developed by the Ministry of Interior. Iraqi AFIS information will populate IPDMS, but IPDMS will not contain biometric data. Mr. ANDREWS. What kind of biometric tracking is now in place for recruits and graduates at the JIPTC? Mr. MOTSEK. Iraqi Police Service (IPS) recruits are entered into biometric data- bases. Each recruit provides detailed personal information, ten fingerprints, a front and side view photograph, a retinal scan, and a voice print. The electronic files are sent to the Iraqi Automated Fingerprint Identification System (AFIS) compound at Adnon Palace where all the files are checked not only through the Iraqi AFIS sys- tem (internal to Iraq), but also through the Biometric Fusion Center (BFC) in West Virginia. There, these files are cross-checked with two U.S. force protection systems used by the Coalition in Iraq: the Biometric Identification System for Access (BISA) and the Biometric Automated Toolset (BAT). Any recruit record identified with a "hit" on the AFIS system (e.g., criminal record or double dipping in two agencies), is sent to Ministry of Interior Internal Review for investigation. . The Iraqi AFIŠ does not track where IPS officers are stationed or what training they have received. Currently, this is a manual paper/ledger process. However, a human resources system, the Iraqi Police Data Management System (IPDMS), is currently being developed by the Ministry of Interior. Iraqi AFIS information will populate IPDMS, but IPDMS will not contain biometric data. Mr. ANDREWS. What kind of tracking for graduates is now in place for recruits and graduates at the JIPTC? Ambassador PATTERSON. National Security Presidential Directive 36 (NSPD-36) assigned the responsibility for developing Iraq's security forces to CENTCOM. We referred this question to CENTCOM's Civilian Police Assistance Training Team (CPATT), which provided the following response: All students at JIPTC and other CPATT-certified police training academies inside Iraq are enrolled into the Iraqi Automated Fingerprint Identification System (AFIS). All AFIS files are sent back to the Department of Defense's Biometric Fusion Center (BFC) to be checked against previously entered Iraqi civil and detainee records, pre- war Iraqi criminal records, 1991 Gulf War fingerprint records, and latent finger- prints harvested form various forensic efforts in Iraq. There is also a relationship with the Federal Bureau of Investigation and other associated biometric records col- lected by the U.S. Government. The AFIS data collection program is maintained to help provide a positive identi- fication for all Iraqi Security Force personnel, though it is not a human resources system that tracks personnel throughout their career in the Iraqi police, army or the prison system. The assignment and tracking of police personnel after academy graduation is con- ducted by Iraq's Ministry of Interior (MOI). However, the current paper-based records system used by the MOI, coupled with the decentralized nature of the Iraqi Police Service and the ongoing insurgency, makes tracking personnel exceedingly 143 difficult. In the near future, an automated system currently being installed in the MOI and its subordinate units, with U.S. Government assistance, will make the MOI's personnel and pay systems more transparent. Graduates of U.S.-sponsored academy training are assigned to the Provincial Po- lice Directorate. The Provincial headquarters will then make the district and station assignments. CPATT tracks the number of graduates and the assignments to the provinces but does not have a presence in all stations to directly verify that the graduates report for duty. At this time, we can not guarantee that an individual reports to duty at a specific police station; however, it is the contention of the MOI that the vast majority of academy graduates report to their assigned duty station. Mr. ANDREWS. How long has this tracking system been in place? Colonel RAINES. Biometric screening for Iraqi Police Service recruits began in March 2005. Mr. ANDREWS. How long has this tracking system been in place? Mr. MOTSEK. Biometric screening for Iraqi Police Service recruits began in March 2005. Mr. ANDREWS. How long has this tracking system been in place? Ambassador PATTERSON. National Security Presidential Directive 36 (NSPD-36) assigned the responsibility for developing Iraq's security forces to CENTCOM. We referred this question to CENTCOM's Civilian Police Assistance Training Team (CPATT), which provided the following response: There is no U.S. Government system in place to track graduates of the Jordan International Police Training Center or graduates of other CPATT supported police training academies in Iraq. However, CPATT is assisting Iraq's Ministry of Interior in creating an automated record system that will make the MÕI's personnel and pay systems more transparent. The Iraqi Automated Fingerprint Identification System, which collects biometric data on individuals receiving training, has been in theater since November 2005. Mr. ANDREWS. Are people in U.S. military prisons and stockades in Iraq that are suspected of or have been charged with killing or attempting to kill Americans iden- tified using biometrics? Colonel RAINES. Yes, if the detainee is a Coalition detainee, then most likely the detainee was entered into Biometric Automated Toolset and the detainee's status was checked through the Biometric Fusion Center (BFC) in West Virginia. If the individual was detained by Iraqi forces, some have been entered into the Iraqi Automated Fingerprint Identification System (AFIS) and checked with Iraqi AFIS and the BFC. Iraqi law states that Iraqis are only entered into Iraqi AFIS upon sentencing by an Iraqi judge. Mr. ANDREWS. Are people in U.S. military prisons and stockades in Iraq that are suspected of or have been charged with killing or attempting to kill Americans iden- tified using biometrics? Mr. MOTSEK. Yes, if the detainee is a Coalition detainee, then most likely the de- tainee was entered into Biometric Automated Toolset and the detainee's status was checked through the Biometric Fusion Center (BFC) in West Virginia. If the individual was detained by Iraqi forces, some have been entered into the Iraqi Automated Fingerprint Identification System (AFIS) and checked with Iraqi AFIS and the BFC. Iraqi law states that Iraqis are only entered into Iraqi AFIS upon sentencing by an Iraqi judge. Mr. ANDREWS. Are people in U.S. military prisons and stockade in Iraq that are suspected of or have been charged with killing or attempting to kill American identi- fied using biometrics? Ambassador PATTERSON. National Security Presidential Directive 36 (NSPD-36) assigned the responsibility for developing Iraq's security forces to CENTCOM. We referred this question to CENTCOM's Civilian Police Assistance Training Team, which provided the following response: All U.S. Military prisons in Iraq use the Biometric Automated Toolset (BAT), an identity management system used to record data and classified attachments linked to biometrics of detainees and non-U.S. persons of interest. The BAT system was originally designed as a dossier system for U.S. Military Intelligence personnel. It is composed of biometric records used to positively identify individuals (unclassified information), and an application for entering relevant intelligence information con- cerning the individual (classified information). These two portions can be separated and routed to the appropriate organizations for processing. BAT is interconnected with other CENTCOM databases and databases in the continental United States. BAT data travels back to the Biometric Fusion Center (West Virginia) to be checked against previously entered BAT records (civil and detainee records), pre-war Iraqi criminal records, 1991 Gulf War fingerprint records, and latent fingerprints har- vested form various forensic efforts in Iraq. There is also a relationship with the Criminal records.y entered BATO metric Fusion cente the continental interc