More
than five years into the global “war on terror,” spying has become one
of the fastest-growing private industries in the United States. The
federal government relies more than ever on outsourcing for some of its
most sensitive work, though it has kept details about its use of private
contractors a closely guarded secret. Intelligence experts, and even
the government itself, have warned of a critical lack of oversight for
the booming intelligence business.
On May 14, at an industry
conference in Colorado sponsored by the Defense Intelligence Agency, the
U.S. government revealed for the first time how much of its classified
intelligence budget is spent on private contracts: a whopping 70
percent.
The DNI figures show that the aggregate number of
private contracts awarded by intelligence agencies rose by about 38
percent from the mid-1990s to 2005. But the surge in outsourcing has
been far more dramatic measured in dollars: Over the same period of
time, the total value of intelligence contracts more than doubled, from
about $18 billion in 1995 to about $42 billion in 2005.
“Those
numbers are startling,” said Steven Aftergood, the director of the
Project on Government Secrecy at the Federation of American Scientists
and an expert on the U.S. intelligence budget. “They represent a
transformation of the Cold War intelligence bureaucracy into something
new and different that is literally dominated by contractor interests.”
Because
of the cloak of secrecy thrown over the intelligence budgets, there is
no way for the American public, or even much of Congress, to know how
those contractors are getting the money, what they are doing with it, or
how effectively they are using it. The explosion in
has taken place against a backdrop of intelligence failures for which
the Bush administration has been hammered by critics, from Saddam
Hussein’s fictional weapons of mass destruction to abusive
interrogations that have involved employees of private contractors
operating
Aftergood and other experts also warn that the lack of transparency creates conditions ripe for corruption.
Trey
Brown, a DNI press officer, told Salon that the 70 percent figure
disclosed by Everett refers to everything that U.S. intelligence
agencies buy, from pencils to buildings to “whatever devices we use to
collect intelligence.” Asked how much of the money doled out goes toward
big-ticket items like military spy satellites, he replied, “We can’t
really talk about those kinds of things.”
The media has reported
on some contracting figures for individual agencies, but never before
for the entire U.S. intelligence enterprise. In 2006, the Washington
Post
reported
that a “significant majority” of the employees at two key agencies, the
National Counterterrrorism Center and the Pentagon’s
Counter-Intelligence Field Activity office, were contractors (at CIFA,
the number was more than 70 percent). More recently, former officers
with the Central Intelligence Agency have said the CIA’s workforce is
about 60 percent contractors.
But the statistics alone don’t even
show the degree to which outsourcing has penetrated U.S. intelligence —
many tasks and services once reserved exclusively for government
employees are being handled by civilians. For example, private
contractors analyze much of the intelligence collected by satellites and
low-flying unmanned aerial vehicles, and they write reports that are
passed up to the line to high-ranking government officials. They supply
and maintain software programs that can manipulate and depict data used
to track terrorist suspects, both at home and abroad, and determine what
targets to hit in hot spots in Iraq and
Afghanistan.
Such data is also at the heart of the National Security Agency’s
massive eavesdropping programs and may be one reason the DNI is pushing
Congress to grant immunity to
corporations that may have cooperated with the NSA
over the past five years. Contractors also provide collaboration tools
to help individual agencies communicate with each other, and they supply
security tools to protect intelligence networks from outside tampering.
Outsourcing has also spread into the realm of human
intelligence. At the CIA, contractors help staff overseas stations and
provide disguises used by agents working under cover. According to
Robert Baer, the former CIA officer who was the inspiration for the
character played by George Clooney in the film
“Syriana,”
a contractor stationed in Iraq even supervises where CIA agents go in
Baghdad and whom they meet. “It’s a completely different culture from
the way the CIA used to be run, when a case officer determined where and
when agents would go,” he told me in a recent interview. “Everyone I
know in the CIA is leaving and going into contracting whether they’re
retired or not.”
The DNI itself has voiced doubts about the efficiency and effectiveness of outsourcing. In a
public report
released last fall, the agency said the intelligence community
increasingly “finds itself in competition with its contractors for our
own employees.” Faced with arbitrary staffing limits and uncertain
funding, the report said, intelligence agencies are forced “to use
contractors for work that may be borderline ‘inherently governmental’” —
meaning the agencies have no clear idea about what work should remain
exclusively inside the government versus work that can be done by
civilians working for private firms. The DNI also found that “those same
contractors recruit our own employees, already cleared and trained at
government expense, and then ‘lease’ them back to us at considerably
greater expense.”
A Senate Intelligence Committee
report
released on Thursday spells out the costs to taxpayers. It estimates
that the average annual cost for a government intelligence officer is
$126,500, compared to the average $250,000 (including overhead) paid by
the government for an intelligence contractor. “Given this cost
disparity,” the report concluded, “the Committee believes that the
Intelligence Community should strive in the long-term to reduce its
dependence upon contractors.”
The DNI began an intensive study of
contracting last year, but when its “IC Core Contractor Inventory”
report was sent to Congress in April, DNI officials refused to release
its findings to the public, citing risks to national security. The next
month, a report from the House Permanent Select Committee on
Intelligence
rebuked
the DNI in unusually strong language, concluding that U.S. officials
“do not have an adequate understanding of the size and composition of
the contractor work force, a consistent and well-articulated method for
assessing contractor performance, or strategies for managing a combined
staff-contractor workforce.”
U.S. intelligence budgets are
classified, and all discussions about them in Congress are held in
secret. Much of the information, however, is available to intelligence
contractors, who are at liberty to lobby members of Congress about the
budgets, potentially skewing policy in favor of the contractors. For
example, Science Applications International Corp., one of the nation’s
largest intelligence contractors, spent $1,330,000 in their
congressional lobbying efforts in 2006, which included a focus on the
intelligence and defense budgets, according to
records filed with the Senate’s Office of Public Records.
The
public, of course, is completely excluded from these discussions. “It’s
not like a debate when someone loses,” said Aftergood. “There
is
no debate. And the more work that migrates to the private sector, the
less effective congressional oversight is going to be.” From that
secretive process, he added, “there’s only a short distance to the Duke
Cunninghams of the world and the corruption of the process in the
interest of private corporations.” In March 2006, Randy “Duke”
Cunningham, R-Calif., who had resigned from Congress several months
earlier, was sentenced to eight years in prison after being convicted of
accepting more than $2 million in bribes from executives with MZM, a
prominent San Diego defense contractor. In return for the bribes,
Cunningham used his position on the House appropriations and
intelligence committees to win tens of millions of dollars’ worth of
contracts for MZM at the
CIA
and the Pentagon’s CIFA office, which has been criticized by Congress
for spying on American citizens. The MZM case deepened earlier this
month when Kyle “Dusty” Foggo, the former deputy director of the CIA,
was indicted for conspiring with former MZM CEO Brent Wilkes to steer
contracts toward the company.
U.S. intelligence agencies have
always relied on private companies for technology and hardware. Lockheed
built the famous U-2 spy plane under specifications from the CIA, and
dozens of companies, from TRW to Polaroid to Raytheon, helped develop
the high-resolution cameras and satellites that beamed information back
to Washington about the Soviet Union and its military and missile
installations. The National Security Agency, which was founded in the
early 1950s to monitor foreign communications and telephone calls, hired
IBM, Cray and other companies to make the supercomputers that helped
the agency break encryption codes and transform millions of bits of data
into meaningful intelligence.
By the 1990s, however, commercial
developments in encryption, information technology, imagery and
satellites had outpaced the government’s ability to keep up, and
intelligence agencies began to turn to the private sector for
technologies they once made in-house. Agencies also turned to
outsourcing after Congress, as part of the “peace dividend” that
followed the end of the Cold War, cut defense and intelligence budgets
by about 30 percent.
When the National Geospatial-Intelligence
Agency was created in 1995 as the primary collection agency for imagery
and mapping, for example, it immediately began buying its software and
much of its satellite imagery from commercial vendors; today, half of
its 14,000 workers are full-time equivalent contractors who work inside
NGA facilities but collect their paychecks from companies like Booz
Allen Hamilton and Lockheed Martin. In the late 1990s, the NSA began
outsourcing its internal telecommunications and even some of its signals
analysis to private companies, such as Computer Services Corp. and
SAIC.
Outsourcing increased dramatically after 9/11. The Bush
administration and Congress, determined to prevent further terrorist
attacks, ordered a major increase in intelligence spending and organized
new institutions to fight the war on
terror,
such as the National Counterterrorism Center. To beef up these
organizations, the CIA and other agencies were authorized to hire
thousands of analysts and human intelligence specialists. Partly because
of the big cuts of the 1990s, however, many of the people with the
skills and security clearances to do that work were working in the
private sector. As a result, contracting grew quickly as intelligence
agencies rushed to fill the gap.
That increase can be seen in the
DNI documents showing contract award dollars: Contract spending, based
on the DNI data and estimates from this period, remained fairly steady
from 1995 to 2001, at about $20 billion a year. In 2002, the first year
after the attacks on New York and Washington, contracts jumped to about
$32 billion. In 2003 they jumped again, reaching about $42 billion. They
have remained steady since then through 2006 (the DNI data is current
as of last August).
Because nearly 90 percent of intelligence
contracts are classified and the budgets kept secret, it’s difficult to
draw up a list of top contractors and their revenues derived from
intelligence work. Based on publicly available information, including
filings from publicly traded companies with the Securities and Exchange
Commission and company press releases and Web sites, the current top
five intelligence contractors appear to be Lockheed Martin, Northrop
Grumman, SAIC, General Dynamics and L-3 Communications. Other major
contractors include Booz Allen Hamilton,
CACI International,
DRS Technologies and Mantech International. The industry’s growth and
dependence on government budgets has made intelligence contracting an
attractive market for former high-ranking national security officials,
like former CIA director George Tenet, who now
earns millions of dollars
working as a director and advisor to four companies that hold contracts
with U.S. intelligence agencies and do big business in Iraq and
elsewhere.
Congress, meanwhile, is beginning to ask serious
questions about intelligence outsourcing and how lawmakers influence the
intelligence budget process. Some of that interest has been generated
by the Cunningham scandal. In another recent case, Rep. Rick Renzi, a
Republican from Arizona, resigned from the House Intelligence Committee
in April because he is under federal investigation for introducing
legislation that may have benefited Mantech International, a major
intelligence contractor where Renzi’s father works in a senior executive
position.
In the Cunningham case, many of MZM’s illegal
contracts were funded by “earmarks” that he inserted in intelligence
bills. Earmarks, typically budget items placed by lawmakers to benefit
projects or companies in their district, are often difficult to find
amid the dense verbiage of legislation — and in the “black” intelligence
budgets, they are even harder to find. In its recent budget report, the
House Intelligence Committee listed 26 separate earmarks for
intelligence contracts, along with the sponsor’s name and the dollar
amount of the contract. The names of the contractors, however, were not
included in the list.
Both the House and Senate are now
considering intelligence spending bills that require the DNI, starting
next year, to provide extensive information on contractors. The House
version requires an annual report on contractors that might be
committing waste and fraud, as well as reviews on its “accountability
mechanisms” for contractors and the effect of contractors on the
intelligence workforce. The amendment was drafted by Rep. David Price,
D-N.C., who introduced a similar bill last year that passed the House
but was quashed by the Senate. In a statement on the House floor on May
10, Price explained that he was seeking answers to several simple
questions: “Should (contractors) be involved in intelligence collection?
Should they be involved in analysis? What about interrogations or
covert operations? Are there some activities that are
so sensitive they should only be performed by highly trained Intelligence Community professionals?”
If
either of the House or Senate intelligence bills pass in their present
form, the overall U.S. intelligence budget will be made public. Such
transparency is critical as contracting continues to expand, said Paul
Cox, Price’s press secretary. “As a nation,” he said, “we really need to
take a look and decide what’s appropriate to contract and what’s
inherently governmental.”
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