The war in Iraq may be ending, but
the fight over who gets to oversee the billions of U.S. taxpayer dollars still
being spent there is just heating up.
The Office of the Special Inspector General for Iraq Reconstruction (SIGIR)
-- led by Stuart Bowen -- has been embroiled in a fight with the State Department, which has
blocked SIGIR inspectors from assessing State's multi-billion
dollar Iraqi police training program.
The Project on Government Oversight
(POGO) reported last week
that SIGIR managed to complete
the report, which stated
that the State Department "does not have a current assessment of Iraqi police
forces' capabilities ... such an assessment is essential for effective program
targeting."
"The
SIGIR audit berated [the State Department] in its first sentence for
failing to cooperate in the investigation, which ‘resulted in limited access to
key officials and documents,'" POGO noted. "The IG was still able to complete
the investigation however, through ‘limited discussions' and ‘documents
obtained from other sources.'"
On
Tuesday, five U.S. senators wrote to Secretary of State Hillary Clinton to urge her department to cooperate with SIGIR and
provide SIGIR with requested information
and documents.
"The
State Department is explicitly directed to provide whatever information or
assistance is needed by SIGIR, so long as SIGIR's request is ‘practicable and
not in contravention of any existing law.' In addition, State Department
officials are prohibited from ‘prevent[ing] or prohibit[ing] the Inspector
General from initiating, carrying out, or completing any audit' related to
funds involved in Iraq reconstruction," the senators wrote. "Despite these
requirements, the State Department has failed to provide SIGIR with adequate
assistance and access to information and documents."
The letter's signatories were Joseph
Lieberman
(I-CT), Susan Collins (R-ME), Claire McCaskill (D-MO), Tom Coburn (R-OK), and Lindsey Graham (R-SC).
"SIGIR is perfectly free ... to audit the reconstruction activities in
Iraq. They are not free to audit the base element of the State Department. That
is within the jurisdiction of three other entities," Under Secretary of
State for Management Patrick Kennedy told the Wartime Contracting
Commission in a hearing last month.
The senators wrote that SIGIR "has jurisdiction to audit all Iraq
reconstruction funds, including those spent on contracts which may also support
other State Department activities."
"It is absurd for Under Secretary
Kennedy, or whoever it is, to suggest that the State Department is suffering from
too much oversight in Iraq," a senior GOP Senate aide told The Cable today. "He should take some time and read the Commission
on Wartime Contracting report."
Full text of the senators' letter after the jump:
SENATORS URGE SECRETARY CLINTON TO PROTECT SIGIR'S INDEPENDENCE
The Honorable Hillary Rodham Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
October 31, 2011
Dear Madam Secretary:
We are
writing to urge you to ensure that officials of the
Department of State comply with lawful requests by the Special Inspector
General for Iraq Reconstruction (SIGIR) for information and documents.
SIGIR has
broad access to information that may assist it to
perform its duties. According to the law that established the office,
SIGIR is required to "conduct, supervise, and coordinate audits and
investigations of the treatment, handling, and expenditure of amounts
appropriated or otherwise made available to the Iraq Relief and
Reconstruction Fund, and of the programs, operations, and contracts
carried out utilizing such funds."
The State
Department is explicitly directed to provide
whatever information or assistance is needed by SIGIR, so long as
SIGIR's request is "practicable and not in contravention of any existing
law." In addition, State Department officials are prohibited from
"prevent[ing] or prohibit[ing] the Inspector General from initiating,
carrying out, or completing any audit" related to funds involved in Iraq
reconstruction.
Despite
these requirements, the State Department has failed
to provide SIGIR with adequate assistance and access to information and
documents. On August 3, 2011, SIGIR notified Congress and the State
Department that the Department's lack of cooperation with its requests
was impairing SIGIR's ability to perform audits of the Department's use
of private security contractors and the Police Development Program.
The State
Department has justified these denials on two
grounds: that the information requested is outside of SIGIR's
jurisdiction and that the requests overlap with work done by other
government auditors. In testimony before the Committee on September 21,
2011, Patrick Kennedy, the State Department's Under Secretary for
Management, asserted that SIGIR's requests for information about
contracts used by the State Department to protect State Department
personnel were outside the scope of SIGIR's jurisdiction, which is
limited to Iraq reconstruction funds. Mr. Kennedy also stated that the
subject matter of SIGIR's requests had already been widely addressed by
other government auditors, including the State Department's Office of
Inspector General.
These
assertions are deeply troubling. First, SIGIR has
jurisdiction to audit all Iraq reconstruction funds, including those
spent on contracts which may also support other State Department
activities. The State Department has an affirmative obligation to
comply with all lawful and practicable requests made by SIGIR in support
of their work. Under the law, the Department must provide whatever
information SIGIR legitimately requests, not merely whatever information
the Department deems
appropriate.
Second, even
if the Department concludes that SIGIR has not
coordinated its audits with other Inspectors General, the law does not
provide the Department authority to impede such audits. In the present
matter, however, SIGIR has already coordinated the audits of the PDP and
private security contractors with the Inspector General of the
Department of State and the Broadcasting Board of Governors.
We believe
that this unwarranted obstruction of SIGIR will
weaken an important oversight tool for the taxpayers and obstruct your
own efforts at improving the efficiency and effectiveness of the
Department. Therefore, we request that you direct your officers to
comply with all lawful current and future requests from SIGIR for
documents and information it may require.
Thank you
for your attention to this important matter.
Senator Joseph Lieberman
Senator Susan Collins
Senator Claire McCaskill
Senator Tom Coburn
Senator Lindsey Graham
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