The White House has indicated it will not remove a loophole
quietly inserted into a budget rule which allows contractors
abroad to keep silent if they observe fraud or abuse on US
government contracts.
The proposed rule, put forth by the White House Office of
Management and Budget last year, exempts all companies who
do work overseas from a new regulation requiring US contractors
to report waste, fraud or abuse they encounter while doing
work for the government.
More than $100 billion in contracts have been awarded for
work in Iraq and Afghanistan in the last five years.
"This sends the message that if you're going to do waste,
fraud and abuse, don't do it at home, do it abroad,"
Rep. Peter Welch (D-VT) told the Washington Post in Thursday's
papers. "This was slipped in at the last minute. . .
. It's obviously something you can't justify in any way, and
there's no answer to why you'd allow this to occur abroad
any more than you'd allow it to occur domestically. There
is a question as to how and why the change was made, and we
don't know the answer."
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Even the Bush Justice Department opposes the exemption, which
was slipped into the proposed rule last November. No one has
come forward to admit the insertion.
"The exemption has riled the Justice Department, which
opposes limiting the rule to domestic contracts," the
Post wrote. "And the loophole has led members of Congress
to call for an investigation amid concerns that someone inserted
the exemption as a favor to the contracting lobby that has
major interests because of the ongoing wars."
In January, according to the Post, the Justice Department
wrote the Office of Management and Budget requesting the exemption
be struck. The rule was added in the first place, they said,
because of "worries about a drop in voluntary reporting
of waste and fraud."
Myriad cases of abuse have been linked to the wars, where
policing is often slim, and the incentive to report even slimmer.
The rule has received support from US inspectors general.
Twenty-seven criminal investigations of fraud, waste and
abuse took place under the Coalition Provisional Authority's
watch alone, according to a 2004 report.
The Authority failed to keep track of nearly $1 billion in
money spent for reconstruction, the report said. For example,
the CPA paid almost $200,000 for police trucks without confirming
they'd actually received them. Nor did they have records to
"justify the $24.7 million price tag for replacing the
Iraqi currency."