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2010/02/24 - An Examination of the Blackwater Contract and the Need for Oversight

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Report by the Committee on Armed Services of the U.S. Senate

"[...] Prepared Statement By Senator Carl Levin

"President Obama has said that a primary objective of our effort in Afghanistan is to strengthen Afghanistan’s government and security forces so that they can take the lead in securing their nation. The President has ordered the deployment of approximately 30,000 additional U.S. troops to help achieve our goals in Afghanistan.

"While most attention has understandably been focused on those 30,000 troops, attention also needs to be paid to the thousands of contractor personnel who are operating in Afghanistan. From training Afghan National Security Forces (ANSF) to guarding our forward operating bases, contractor personnel are performing missioncritical tasks. According to U.S. Central Command (CENTCOM), in the last quarter of fiscal year 2009 alone, the number of Department of Defense (DOD) contractor personnel increased by 30,000, bringing the total number in Afghanistan to more than 100,000.

"While we distinguish between American servicemembers and contractor personnel, Afghan civilians often do not. As John Nagl and Richard Fontaine of the Center for New American Security put it: ‘local populations draw little or no distinction between American troops and the contractors employed by them; an act committed by one can have the same effect on local or national opinion as an act carried out by the other.’

"In the fight against the Taliban, the perception of Afghans is crucial. As General Stanley McChrystal said in August of last year ‘the Afghan people will decide who wins this fight, and we ... are in a struggle for their support.’ If we are going to win that struggle, we need to know that our contractor personnel are adequately screened, supervised, and held accountable - because in the end the Afghan people will hold us responsible for their actions.

"Most contractor personnel act responsibly and within the rules to help us execute the mission, often at great risk to their own safety. Today’s hearing, however, will explore contract activities which fell far short of our requirements.

"In the fall of 2008, a company called Paravant entered into a subcontract with Raytheon Technical Services Company to perform weapons training for the Afghan National Army (ANA). The statement of work governing Paravant’s performance was developed by the Combined Security Transition Command-Afghanistan (CSTC-A) and contracted out by the U.S. Army’s Program Executive Office Simulation Training and Instrumentation (PEO STRI) to Raytheon.

"Paravant was created in 2008 by Erik Prince Investments (the company which is now named Xe). I’m going to use the names ‘‘Blackwater’’ and ‘‘Paravant’’ interchangeably. I do that for clarity as there is no meaningful distinction between the two. At the time Paravant was awarded its one and only subcontract, it had no employees.

"In Afghanistan, the company operated under Blackwater’s license and shared a bank account with Blackwater. Former Paravant Vice President Brian McCracken reported to Blackwater personnel. According to Mr. McCracken, Raytheon paid Blackwater for services rendered by Paravant and Paravant relied on Blackwater for its billing. Paravant and Blackwater were ‘one and the same,’ according to Mr. McCracken, and he added, Paravant was only created to avoid the ‘baggage’ associated with the Blackwater name.

"It has been widely reported that on May 5, 2009, Justin Cannon and Christopher Drotleff, two men working for Paravant in Afghanistan, fired their weapons, killing two Afghan civilians and injuring a third. In reviewing the Army’s investigation of the incident, then-CSTC-A Commanding General Richard Formica said that it appeared that the contractor personnel involved had ‘violated alcohol consumption policies, were not authorized to possess weapons, violated use of force rules, and violated movement control policies’. According to the Department of Justice prosecutors, the May 5, 2009 shooting ‘caused diplomatic difficulties for U.S. State Department representatives in Afghanistan’ and impacted ‘the national security interests of the United States.’ According to one media report, the shooting ‘turned an entire neighborhood against the U.S. presence’ and quoted a local elder as saying, ‘if they keep killing civilians, I’m sure some Afghans will decide to become insurgents.’

"On January 6, 2010, Mr. Cannon and Mr. Drotleff were indicted on firearm and homicide charges for their involvement in the May 5th shooting. Responsibility for litigating those charges is with the Department of Justice. Today’s hearing will focus on Blackwater-Paravant’s conduct and operations in Afghanistan. As acknowledged by a Blackwater senior executive after the May 5th shooting, an environment was created at Paravant which had ‘no regard for policies, rules, or adherence to regulations in country’.

"Our investigation dug into the events that occurred before the May 5th shooting. We will hear how that environment developed and also discuss failures in U.S. Government oversight that allowed it to persist. In particular, we will hear about Blackwater personnel’s reckless use of weapons, its disregard for the rules governing the acquisition of weapons in Afghanistan, and failures in the company’s vetting process that resulted in those weapons being placed in the hands of people who never should have possessed them. [...]"

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