MILITARY CONTRACTORS:LEGAL STATUS, OVERSIGHTAND SECURITY -- MILITARY CONTRACTORS:LEGAL STATUS, OVERSIGHTAND SECURITY -- CONTENTS -- PREFACE -- CONTRACTORS'SUPPORT OFU.S. OPERATIONS IN IRAQ -- PREFACE -- INTRODUCTION AND SUMMARY -- COSTS, FUNCTIONS, AND NUMBERS OF CONTRACTORPERSONNEL IN THE IRAQ THEATER -- The U.S. Government's Obligations for ContractsPrincipally Performed in the Iraq Theater -- Products and Services Provided by Contractors in the Iraq Theater -- Counting and Tracking Contractor Personnel in the Iraq Theater -- COMPARING PAST AND PRESENT USE OF CONTRACTORSDURING MILITARY OPERATIONS -- PRIVATE SECURITY CONTRACTORS -- Costs for Private Security Contractors and Subcontractors -- Costs for PSC Personnel Compared with a Military Alternative -- Number of PSC Personnel in Iraq -- PSC Personnel Who Are Armed -- LEGAL ISSUES ASSOCIATED WITH CONTRACTORPERSONNEL SUPPORTING U.S. OPERATIONS -- Restrictions on the Use and Armingof Contractor Personnel -- Military Authority over Contractor Personnel -- Legal Status of Contractor Personnel -- REFERENCES -- PRIVATE SECURITY CONTRACTORS IN IRAQ:BACKGROUND, LEGAL STATUS,AND OTHER ISSUES* -- ABSTRACT -- INTRODUCTION -- BACKGROUND -- State Department and DOD Private Security Contracts[22] -- Sources of Controversy -- LEGAL STATUS AND AUTHORITIES -- International Law -- IRAQI LAW (INCLUDING COALITIONPROVISIONAL AUTHORITY ORDERS) -- U.S. Law -- ISSUES FOR CONGRESS -- Need for and Suitability of Private Contractors[119] -- Oversight and Control/Coordination Issues -- Cost Issues -- Implications for U.S. Foreign Policy -- SELECTED LEGISLATION -- S. 674 (Obama) - Transparency and Accountabilityin Military and Security Contracting Act of 2007 -- S. 1547 (Levin) - National Defense Authorization Act for FY2008.

H.R. 369 (Price) - Transparency and Accountabilityin Military and Security Contracting Act of 2007 -- H.R. 528 (Lynch) - Iraq Contracting Fraud Review Act of 2007 -- H.R. 663 (Blumenauer) - New Direction for Iraq Act of 2007 -- H.R. 897 (Schakowsky) - Iraq and AfghanistanContractor Sunshine Act -- H.R. 1581 (Lantos) - Iraq Reconstruction Improvement Act of 2007 -- H.R. 1585 (Skelton) - National Defense Authorization Act for FY2008 -- H.R. 2740 (Price) - MEJA Expansion and Enforcement Act of 2007 -- H.Res. 97 (Murphy, Patrick) - Providing for OperationIraqi Freedom Cost Accountability -- REFERENCES -- REBUILDING IRAQ: DOD AND STATE DEPARTMENTHAVE IMPROVED OVERSIGHT AND COORDINATIONOF PRIVATE SECURITY CONTRACTORS IN IRAQ,BUT FURTHER ACTIONS ARE NEEDED TOSUSTAIN IMPROVEMENTS* -- ABBREVIATIONS -- RESULTS IN BRIEF -- BACKGROUND -- DOD AND THE STATE DEPARTMENT HAVE INCREASED OVERSIGHTEFFORTS REGARDING PSCS, BUT STAFFING AND TRAININGCHALLENGES REMAIN FOR DOD -- Multi-National Force-Iraq Has established anOffice to Provide Oversight over DOD PSCs in Iraq -- DOD Has Consolidated and Strengthened Its PSC Oversight Guidanceby Requiring Further Incident Investigation -- DOD HAS INCREASED THE NUMBER OF PERSONNEL DEVOTED TOCONTRACT MANAGEMENT AND OVERSIGHT, BUT IT IS UNCLEARWHETHER THE INCREASE CAN BE SUSTAINED -- Units Continue to Deploy to Iraq without Trainingon Increased PSC Oversight Responsibilities -- The State Department Has Begun to IncreaseIts Oversight Efforts in Iraq -- COORDINATION, INCLUDING INTERAGENCY COORDINATION,RELATED TO PSCS IN IRAQ HAS IMPROVED -- Interagency Coordination Has Improved between DOD and the Department ofState and between the U.S. Government and the Government of Iraq -- Multi-National Corps-Iraq Has Createda Group of Operations Centers to CoordinateMovement of DOD and State PSCS.

The Department of Defense and Department of State HaveDeveloped a Memorandum of Agreement to Improve Coordination of PSCs in Iraq -- AN OVERVIEW OF THE LEGAL FRAMEWORK FORHOLDING PRIVATE SECURITY CONTRACTOR EMPLOYEESACCOUNTABLE FOR THEIR ACTIONS IN IRAQ -- U.S. Laws May Be Applied Extraterritorially in Certain Instances -- MEJA Applies to Contractors Supporting DOD's Mission Overseas -- Certain Contractors May Be Subject to Prosecution under the UCMJ -- International Law -- PSCs in Iraq Operate under the Law of the Government of Iraq -- Contract Provisions also Regulate Contractor Behavior -- CONCLUSION -- RECOMMENDATIONS FOR EXECUTIVE ACTION -- AGENCY COMMENTS AND OUR EVALUATIONS -- APPENDIX I: SCOPE AND METHODOLOGY -- APPENDIX II:IMPLEMENTATION STATUS OF RECOMMENDATIONSFROM THE SECRETARY OF STATE'S PANEL ONPERSONAL PROTECTIVE SERVICES IN IRAQ -- APPENDIX III: COMMENTS FROM THE DEPARTMENT OF DEFENSE -- APPENDIX IV: COMMENTS FROM THE DEPARTMENT OF STATE -- GAO COMMENTS -- GAO'S MISSION -- REFERENCES -- MEMORANDUM TO MEMBERS OF THECOMMITTEE ON OVERSIGHT ANDGOVERNMENT REFORM -- BLACKWATER SHOOTING INCIDENTS -- STATE DEPARTMENT RESPONSES -- COSTS TO TAXPAYERS -- I. BLACKWATER'S FEDERAL CONTRACTS -- II. BLACKWATER'S ESCALATION OF FORCE INCIDENTS -- III. STATE DEPARTMENT OVERSIGHT OF BLACKWATER -- A. State Department's Response to the Christmas Eve Shooting -- B. A1 Hillah Incident -- C. Contract Terminations -- III.COSTS TO THE TAXPAYER -- IV. CONCLUSION -- REFERENCES -- TESTIMONY -- BACKGROUND -- PRIVATE SECURITY CONTRACTORS -- CONTRACTOR ROLE IN DETAINEE INTERROGATIONS -- STATUS OF LEGAL ACCOUNTABILITY JURISDICTIONOVER DEPLOYED CONTRACTORS -- STATUS OF EFFORTS TO IMPLEMENTSECTIONS 861 AND 862 OF THE 2008 NDAA -- INDEX.