May 16, 2012
Key NDAA Amendments, National Security Edition: Bureaucracy, Bombers, and Flying Boondoggles
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A B-2 Spirit bomber |
By BEN FREEMEN, Ph.D. and MIA STEINLE
Yesterday, POGO called for congressional support of nine amendments to the gargantuan defense budget bill, the National Defense Authorization Act of fiscal year (FY) 2013. These amendments would result in savings without compromising security and / or would lead to more accountability for the government and its contractors. Here’s a look at the amendments that touch on national security generally—stay tuned for a look at those oriented towards government contracting and those that relate to the nuclear weapons complex.
Deferring Development of a Super High-Tech Bomber for Which There is No Urgent Need
If you owned three cars, all of which had many miles to go before the end of their lives, would you buy a fourth, top-of-the-line car? What if you were in debt? By, say, $15 trillion?
This is exactly the nonsensical spending plan the U.S. government is implementing, as the Air Force plans to spend at least $6.3 billion over the next five years developing a new long-range penetrating bomber aircraft. The thing is, the Air Force’s existing fleet of B-52, B-1B, and B-2 planes is undergoing upgrades and is expected to be operational for decades to come.
POGO Hires John Crewdson as Senior Investigator
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By BRYAN RAHIJA
Evil-doers, fraudsters, and corruption enablers beware: POGO has added yet another piston to its investigative machine. We announced today that John Crewdson, the Pulitzer Prize-winning journalist of the Chicago Tribune, New York Times, and most recently of Bloomberg, will join POGO as a senior investigator.
Crewdson brings with him some 40 years of investigative reporting experience, not to mention so many journalism awards that we may have to reinforce the shelves in his office.
Highlights from his career include:
- Reporting on the lack of emergency medical equipment on commercial airliners, which sparked congressional hearings and ultimately led the FAA to require U.S. airlines to carry portable defibrillators and emergency medical kits as standard equipment.
- Setting the record straight by reporting on the hundreds of Americans who have falsely claimed to have been awarded the Medal of Honor.
- Debunking the National Institutes of Health’s claim to have discovered the virus that causes AIDS.
"John Crewdson’s investigations have shaken the halls of power and, in many cases, righted injustices,” POGO Executive Director Danielle Brian said. “His work exemplifies POGO’s mission of exposing corruption and exploring solutions.”
Crewdson himself had some kind words for POGO: “For decades, POGO has been widely admired in Washington for its unrelenting determination to delve deeply into the machinery of government, uncover waste, fraud and corruption, and then force Congress and the White House to confront the problems it has exposed. I look forward to contributing to that essential effort.”
The Crewdson hire comes on the heels of two other additions to team POGO: Washington Post reporter David Hilzenrath and longtime Pentagon watchdog and all-around-defense-guru Winslow Wheeler.
Bryan Rahija edits POGO's blog.
Drones: Unmanned, but Inherently Governmental?
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By NEIL GORDON
U.S. Air Force Captain Keric D. Clanahan has written a paper on the legal and policy controversies surrounding the Air Force's use of unmanned aircraft systems (UAS), more commonly known as drones. Specifically, Clanahan examines the kinds of tasks contractors are performing in the Air Force's drone program and discusses whether these tasks should be entrusted to contractors.
Drones have profoundly changed the nature of warfare in the last few years. The drone program greatly depends on private contractors, from drone manufacturer General Atomics to the hundreds of employees of companies like SAIC and BAE Systems who help the Air Force conduct drone missions. According to Clanahan, the U.S. military’s fleet of drones has grown from 167 in 2002 to over 7,000 in 2011, and the Air Force plans to acquire hundreds more over the next few years at a total cost that will exceed $20 billion.
Clanahan argues that government personnel should perform many of the roles necessary to sustain the drone program because they are inherently governmental functions, or functions which must be performed by federal civilian or military employees. Clanahan is somewhat vague about whether contractors in the program are performing or have performed inherently governmental functions, stating only that “there have been situations” where contractors might have crossed the line and either commanded military forces or participated in combat operations, activities which would be in violation of the Federal Acquisition Regulation (FAR) and the White House’s 2011 policy letter on inherently governmental functions. What is certain, however, is that contractors in the drone program are performing tasks that are closely associated with inherently governmental functions, such as drone intelligence processing, exploitation and dissemination (PED), and “critical” tasks, such as drone maintenance and repair. (Critical functions, a category introduced in the White House policy letter, are functions that are core to an agency’s mission, over which it must maintain sufficient internal capability.)
Continue reading "Drones: Unmanned, but Inherently Governmental?" →
Morning Smoke: Civil Liberties Advocates Criticize New Cybersecurity Bills
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MORNING SMOKE |
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Where there's smoke, there's fire. POGO's Morning Smoke is a collection of the freshest investigations, scoops, and opinions related to the world of government oversight. Have a story you'd like to see included? Contact POGO's blog editor |
Government Oversight
Civil Liberties Advocates Call Senate Cybersecurity Bills 'Fundamentally Flawed'
Josh Smith, National Journal
Earmarks Still Have Friends in High Places
Jonathan Allen, Politico
Agencies Could Lose Some Suspension and Debarment Discretion
Matthew Weigelt, Federal Computer Week
Ex-DOJ Official Spars with Agency over Ethics Question
Brent Kendall, The Wall Street Journal
National Security
F-22 In a Dogfight as Panetta Crimps Its Flight Envelope
Winslow Wheeler, Battleland
Panetta Curtails F-22 Flights After Pilot Complaints of Blackouts
Craig Whitlock, The Washington Post
Financial Oversight
JPMorgan's Specific Trades Weren't Monitored
Jesse Hamilton, Bloomberg
Nuclear Oversight
Former Commander of U.S. Nuclear Forces Calls for Large Cut in Warheads
Thom Shanker, The New York Times
Contract Oversight
DoD's Proposed Acquisition Rule Changes Faltering in Congress
Amber Corrin, Federal Computer Week
Nine Amendments for More Savings, Security, and Accountability in the Defense Budget
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By BRYAN RAHIJA
Just yesterday, POGO sent a letter to the House of Representatives calling for support of nine amendments to the House's National Defense Authorization Act of fiscal year 2013 that would lead to more savings, security, and accountability. These amendments reflect many of the recommendations POGO made in its updated Spending Less, Spending Smarter report.
In a nutshell, these amendments would:
- Prevent U.S. taxpayer-financed human trafficking
- Bring the amount that defense contractors can bill taxpayers for their employees' compensation down to a more reasonable level
- Reduce funding for a billion-dollar nuclear boondoggle
- Defer development of a super high-tech bomber for which there is no urgent need
- Stop the rollback of oversight of nuclear weapons laboratories
- Replace the most expensive variant of the F-35 Joint Strike Fighter with affordable jets that we already have
- Shed light on the true cost of service contractors
- Close a contracting loophole that allows contractors to NOT disclose costs that went into certain goods and services
- Trim the fat in the Pentagon's bloated bureaucracy
Good stuff, right?
We'll be taking a closer look at each amendment on the blog throughout the week. In the meantime—big ups to the following Reps. for their hard work and support on these amendments:
- Leonard Boswell (D-IA)
- Mike Coffman (R-CO)
- Gerry Connolly (D-VA)
- John Conyers (D-MI)
- Keith Ellison (D-MN)
- Hank Johnson (D-GA)
- James Lankford (R-OK)
- Ed Markey (D-MA)
- George Miller (D-CA)
- Loretta Sanchez (D-CA)
- Jackie Speier (D-CA)
- Paul Tonko (D-NY)
- Peter Visclosky (D-IN)
- Peter Welch (D-VT)
Get the full rundown on the amendments and their sponsors here, and stay tuned for more.
Bryan Rahija is POGO's blog editor.
May 15, 2012
Air Force Talking Points on the F-22 Raptor
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By BRYAN RAHIJA
Wondering about the Air Force's game plan for addressing all those concerns about the F-22? Check out this set of talking points, dated May 12.
Bryan Rahija is POGO's blog editor.
Open NDAA: Our Window of Opportunity to Shine a Light on the Defense Budget
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By SUZANNE DERSHOWITZ
This week marks a pivotal moment in the campaign to open the National Defense Authorization Act (NDAA) and shine a light on the defense budget.
The House Armed Services Committee (HASC) deliberated on the National Defense Authorization Act (NDAA) for fiscal year 2013 last week. This massive defense spending bill gets marked up in the open on the House side. The Committee posts the bill online in advance, and the debate and voting process are open to the public via live webcast.
Here’s the problem: the Senate debate on how to spend hundreds of billions of our taxpayer dollars takes place completely in the dark. The Senate Armed Services Committee (SASC) marks up the NDAA behind closed doors, holding the draft bill close and keeping amendments to the bill secret. This bolsters special interests’ access to the halls of government while shutting the public out of the debate.
On May 10, we hand-delivered letters demanding transparency in the defense budget process to all Members of SASC. Now with the support of 45 organizations from across the ideological spectrum and nearly 5,000 concerned citizens signing on, the letters sent an even stronger message than they did nearly when we first delivered the letters and launched the campaign.
Next week, SASC will vote on whether or not to keep the NDAA markup closed. If you believe in smart spending on defense, government transparency, and a real democratic process—take action by calling your Senator today to shine a light on the defense budget. This is our window of opportunity.
Suzanne Dershowitz is POGO's public policy fellow.
Photo by POGO's Joe Newman.
Congress Shows Support for F-22 Whistleblowers, Air Force Doesn't Go Far Enough
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Sen. Mark Warner (D-VA) |
By DANA LIEBELSON
Congressional support for the two pilots who disclosed grave health problems with the F-22 Raptor fighter jet is picking up steam. Thanks in part to these efforts, the Air Force has publicly promised to protect these top pilots from retaliation; however, it still has not rescinded a letter of reprimand sent to one of the pilots, nor taken adequate steps to address the health allegations, despite the fact that additional pilots have come forward echoing the concerns.
Last week at a hearing held by a Senate Armed Services subcommittee, General Janet Wolfenbarger said that the Air Force’s “chief and secretary” have made it clear that the two F-22 pilots have whistleblower protections. However, as Danger Room recently reported, the Air Force has yet to rescind its letter of reprimand sent to pilot Josh Wilson. As POGO readers know, a letter of reprimand can be the first step in potentially ending a government employee’s career.
Sen. Mark Warner (D-VA) told The Daily Press that additional F-22 pilots have voiced concerns to him about the health problems with the aircraft—which include hypoxia-like symptoms that can prevent a pilot from safely operating the plane.
Continue reading "Congress Shows Support for F-22 Whistleblowers, Air Force Doesn't Go Far Enough" →
May 14, 2012
Morning Smoke: Defense Contractors May Soon Share Classified Cybersecurity Info
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MORNING SMOKE |
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Where there's smoke, there's fire. POGO's Morning Smoke is a collection of the freshest investigations, scoops, and opinions related to the world of government oversight. Have a story you'd like to see included? Contact POGO's blog editor |
National Security
Pentagon Expands Cybersecurity Exchange
Gopal Ratnam and Tony Capaccio, The Washington Post
Unholy Parternships Between Telecoms & Government Spy Agencies: Have We Learned Nothing?
Jesselyn Radack, Government Accountability Project
Air Force Adds Safety Restrictions for F-22 Jet
W.J. Hennigan, The Los Angeles Times
As Wars Near End, Robot Firm Battling
Bryan Bender, The Boston Globe
Contract Oversight
U.S. Still Grappling With Human Trafficking By War Zone Contractors
Nick Schwellenbach, Battleland
Financial Oversight
3 JPMorgan Chase Execs May Depart as CEO Jamie Dimon Acknowledges 'Terrible, Egregrious Mistake' on Trading
Zachary A. Goldfarb and Lisa Rein, The Washington Post
President Obama's Wall Street Problem
Ben White, Politico
Government Oversight
IG Vacancies Hearing Devolves Into Political Maneuvering
Charles S. Clark, Government Executive
N.Y. Congressman Will Reimburse Costs for $22,000 Taiwan Trip
Justin Elliott, ProPublica
Whistleblower Issues
FAA Slow to Respond to Whistleblowers' Safety Concerns, Investigator Says
Todd Spangler, Detroit Free Press
May 11, 2012
POGO Investigator Testifies Before Congress on Inspector General Vacancies
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Right: POGO Investigator Jake Wiens, photo by House Committee on Oversight and Government Reform |
By DANA LIEBELSON
When the President fails to nominate the watchdogs who expose government wrongdoing, how can Congress ensure that taxpayers are getting the oversight they deserve? That was the question legislators sought to answer yesterday morning at a House Committee on Oversight and Government Reform hearing.
POGO Investigator Jake Wiens testified at the hearing (his very first congressional testimony—woo hoo!) on the importance of promptly nominating permanent Inspectors General (IGs). Wiens is the mastermind behind POGO’s new website “Where Are All the Watchdogs?” which tracks the number and length of IG vacancies.
“POGO firmly believes that the effectiveness of an IG office can be diminished when that office does not have permanent leadership, especially when that vacancy exists for an extended period of time,” Wiens said in his opening statement.
At present, 10 of the 73 Inspector General positions are vacant. Eight of these positions require nomination by President Obama. The longest vacancy is at the State Department, where the IG office has now been without permanent leadership for almost 1,600 days.
“The president has had more than three years to make a recommendation…why hasn’t he made a decision on this? Aren’t there plenty of competent people that can do the job?” said Rep. Dan Burton (R-IN), referring to the State Department vacancy. Burton is a former chairman for the House oversight committee.
Current Committee Chairman Rep. Darrell Issa (R-CA) pointed out that the hearing on IG vacancies was not held in order to reflect upon the Obama Administration— but to instead determine how best to ensure that future administrations nominate IGs in a prompt manner.
Continue reading "POGO Investigator Testifies Before Congress on Inspector General Vacancies " →
Morning Smoke: F-22 Whistlebower Pilots Now Face Nightmare Air Force Bureaucracy
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MORNING SMOKE |
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Where there's smoke, there's fire. POGO's Morning Smoke is a collection of the freshest investigations, scoops, and opinions related to the world of government oversight. Have a story you'd like to see included? Contact POGO's blog editor |
Whistleblower Issues
Poisoned Fighter Pilot Faces New Nightmare: Air Force Bureaucracy
David Axe, Danger Room
Watchdog Says IRS Whistleblower Program Needs More Oversight
Samuel Rubenfeld, The Wall Street Journal
Congressman Seeks Answers Regarding NRC's Culture of Retaliation
Corporate Whistleblower Blog
National Security
USS Freedom, Navy's $600M Showcase Ship, Springs Some Leaks
Adam Weinstein, Mother Jones
Panetta to House GOP: Quit Fattening the Defense Budget
Colin Clark, Aol Defense
Can DoD Handle Its Business?
Amber Corrin, Federal Computer Week
Ben Freeman on The Gary Null Show
Progressive Radio Network
Admirals Rally Round LCS as HASC Attack; Lockheed Takes Fire, General Dynamics Escapes
Sydney J. Freedberg Jr., Aol Defense
Pentagon to Expand Cybersecurity Program for Defense Contractors
Ellen Nakashima, The Washington Post
Government Oversight
House Committee Examines Inspector General Vacancies
Timothy R. Smith, The Washington Post
Financial Oversight
Regulator Approves New Exchange Rules, but Delays Others
Ben Protess, The New York Times
Nuclear Weapons
B61 Nuclear Bomb Costs Escalating
Hans Kristnesen, FAS Strategic Security Blog
Will Congress Spare $100 Million to Oversee $300 TRILLION Swaps Market?
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By MICHAEL SMALLBERG
It's been widely recognized that the federal government did a woefully inadequate job of regulating swaps and over-the-counter derivatives in the years leading up to the financial crisis.
The good news is that the Dodd-Frank financial reform law expanded the authority of the Commodity Futures Trading Commission (CFTC) to oversee the $300 trillion U.S. swaps market. The bad news is that the CFTC’s budget has been frozen at just over $200 million for several years.
CFTC Chairman Gary Gensler has repeatedly told Congress that the agency’s funding simply hasn’t kept up with its mission:
In FY 2012, the Commission expects to utilize 710 staff-years. At this size, we are but 10 percent larger than our peak in the 1990s. Since then, though, the futures market has grown fivefold, and Congress added oversight of the swaps market, which is far more complex and eight times the size of the futures market the agency currently oversees.
The CFTC is requesting $308 million for fiscal year (FY) 2013—an increase of just over $100 million compared to its FY 2012 appropriation.
Earlier this week, POGO and its allies sent a letter urging Congress to provide full funding for the CFTC. We argued that a failure to fund the CFTC would create unacceptable risks at a time when the nation is still struggling to recover from the last financial crisis:
Continue reading "Will Congress Spare $100 Million to Oversee $300 TRILLION Swaps Market?" →
