U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 111th Congress 

1st Session 

REPORT

2009

111–15 

Calendar No. 53 

TO PROVIDE ADDITIONAL PERSONNEL 

AUTHORITIES FOR THE SPECIAL 

INSPECTOR GENERAL FOR 

AFGHANISTAN RECONSTRUCTION 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 615 

TO PROVIDE ADDITIONAL PERSONNEL AUTHORITIES FOR THE 

SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION 

APRIL 29, 2009.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

MICHAEL BENNET, Colorado 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

LAWRENCE B. NOVEY, Senior Counsel 

HOLLY A. IDELSON, Counsel 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

AMANDA WOOD, Minority Director for Governmental Affairs 

LISA M. NIEMAN, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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(III) 

C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background .................................................................................................... 2 

III. Legislative History ......................................................................................... 2 

IV. Section by Section Summary of the Bill ...................................................... 3 

V. Regulatory Impact and Evaluation .............................................................. 3 

VI. Congressional Budget Office Cost Estimate ................................................ 3 

VII. Changes in Existing Law .............................................................................. 4 


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1P.L. 110–181. 

Calendar No. 53 

111TH CONGRESS SENATE REPORT " ! 1st Session 111–15 

PROVIDING ADDITIONAL PERSONNEL AUTHORITIES FOR 

THE SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN 

RECONSTRUCTION 

APRIL 29, 2009.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 615] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 615) to provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

I. PURPOSE AND SUMMARY

This legislation would amend the National Defense Authorization 

Act for Fiscal Year (FY) 2008 to provide to the Special Inspector 

General for Afghanistan Reconstruction (SIGAR) personnel authorities similar to those given to the Special Inspector General for 

Iraq Reconstruction (SIGIR).1 The legislation would expedite the 

standard hiring process for civil service positions by permitting the 

SIGAR to use employment authorities granted to heads of temporary organizations. Such authorities allow organizations to hire 

staff for limited terms, notwithstanding the requirements normally 

applicable to civil service positions. This legislation is intended to 

help the SIGAR quickly hire experienced, well-qualified employees 

to conduct necessary oversight of reconstruction efforts in Afghanistan. Employees hired under this new authority could serve until 

the termination of the SIGAR office. 


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2 

2Office of the Special Inspector General for Afghanistan Reconstruction Quarterly Report to 

Congress, January 30, 2009. 3Office of the Special Inspector General for Afghanistan Reconstruction Quarterly Reports to 

Congress, January 30, 2009 and October 30, 2008. 4P.L. 110–181. 

5P.L. 108–106, Section 3001. 

6P.L. 110–181, Section 1221. 

II. BACKGROUND AND NEED FOR LEGISLATION

The United States has committed almost $32 billion in humanitarian and other aid to Afghanistan since 2001.2 Congress created 

the SIGAR in the FY 2008 National Defense Authorization Act, 

which passed in January 2008. The SIGAR provides independent 

and objective oversight of U.S. reconstruction efforts in Afghanistan 

and oversees the accounting of money expended for the effective reconstruction of Afghanistan. 

General Fields was sworn into office as the SIGAR on July 22, 

2008. The SIGAR has issued two quarterly reports, both of which 

are descriptive in nature, as they discuss the background of U.S. 

funding for Afghanistan reconstruction and review activities, findings, and recommendations of other Inspectors General and the 

Government Accountability Office.3 The SIGAR office has yet to 

conduct any independent audits or investigations. The quarterly reports provide an overview of the SIGAR’s plans for conducting oversight, but do not yet identify specific contracts to audit or programs 

to oversee. 

As of April 1, 2009, the SIGAR office had only filled seven of the 

18 designated auditor positions, five of the 13 designated inspector 

positions, and one of the 18 investigator positions. SIGAR officials 

have informed the Committee that they have had difficulty hiring 

qualified individuals for this unique and challenging assignment, 

and that the staffing shortfall has contributed to the lack of independent audits or investigations by the office thus far. This legislation would give the SIGAR additional hiring authorities to facilitate his ability to quickly hire experienced, well-qualified employees to fill these positions. 

III. LEGISLATIVE HISTORY

Congress created the SIGAR in the National Defense Authorization Act for FY 2008, which was enacted in January 2008, to conduct oversight of reconstruction efforts in Afghanistan.4 SIGAR is 

charged with overseeing the accounting for monies expended for 

the effective reconstruction of Afghanistan. Although established in 

January 2008, SIGAR had only $2 million available on June 30, 

2008, and an additional $9 million available on September 30, 

2008. SIGAR did not have access to the full $16 million it was appropriated until October 1, 2008. 

Congress based SIGAR’s enabling statute on language from the 

Emergency Supplemental Appropriations Act for Defense and for 

the Reconstruction of Iraq and Afghanistan,5 which established the 

SIGIR in 2004. Although SIGIR initially hired employees under a 

form of temporary hiring authority, the authority was not legislatively granted to SIGIR until Congress passed the FY 2008 Defense 

Authorization bill in January 2008.6 These flexible authorities are 

necessary and appropriate given the uniquely challenging nature of 

SIGIR’s work, and the temporary nature of the organization—facVerDate Nov 24 2008 05:32 Apr 30, 2009 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR015.XXX SR015

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tors that apply equally to the SIGAR. Thus far, the SIGAR has 

been hiring its employees through the SIGIR and then having 

these personnel detailed to the SIGAR. However, the Department 

of Defense (DoD) (which conducts hiring for both the SIGIR and 

the SIGAR), the Office of Personnel Management and the SIGAR 

have jointly determined that DoD needs independent statutory authority to hire SIGAR employees under these flexible authorities 

going forward. This bill would grant such authority. 

On April 1, 2009, the Committee ordered S. 615 to be reported 

favorably without amendment en bloc by voice vote. Senators 

present were: Lieberman, Akaka, Carper, Pryor, Tester, Burris, 

Bennet, Collins, Coburn, and Voinovich. 

IV. SECTION-BY-SECTION SUMMARY OF THE BILL

Section 1. Additional personnel authorities for the Special Inspector 

General for Afghanistan Reconstruction 

Section 1(A) allows the Special Inspector General (SIGAR) to select, appoint, and employ officers and employees as may be necessary for carrying out the SIGAR’s duties, subject to the provisions of title 5 of the United States Code governing appointments 

in the competitive service and chapter 51 and subchapter 53 of title 

5 governing classification and General Schedule pay rates. 

Section 1(B) allows the Special Inspector General to exercise the 

additional, more flexible hiring authorities that are accorded to 

‘‘temporary organizations’’ under subsections (b) through (i) of 5 

USC 3161. Those authorities include the ability to hire an individual without going through the normal competitive process and 

at more flexible pay rates. These authorities would generally guarantee existing civil servants who go to work for the SIGAR with 

the consent of the former employing agency a right to return to 

their original job or an equivalent position. In exercising the employment authorities, the employees’ periods of appointment could 

not extend beyond by the termination of the SIGAR office. 

V. REGULATORY IMPACT AND EVALUATION

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Congressional Budget Office 

states that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandate Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

The enactment of this legislation will not have significant regulatory impact. 

IV. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

CONGRESSIONAL BUDGET OFFICE, 

U.S. CONGRESS, 

Washington, DC, April 7, 2009. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 615, a bill to provide addiVerDate Nov 24 2008 05:32 Apr 30, 2009 Jkt 079010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR015.XXX SR015

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tional personnel authorities for the Special Inspector General for 

Afghanistan Reconstruction. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is John Chin. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 

S. 615—A bill to provide additional personnel authorities for the 

Special Inspector General for Afghanistan Reconstruction 

S. 615 would amend the National Defense Authorization Act for 

Fiscal Year 2008 to provide additional personnel authorities to the 

Special Inspector General for Afghanistan Reconstruction (SIGAR) 

similar to those provided to the Special Inspector General for Iraq 

Reconstruction (SIGIR). The legislation would expedite the standard hiring process for civil service positions by permitting the 

SIGAR to use certain employment authorities currently granted to 

heads of other temporary organizations. Employees hired under 

this new authority could serve until the termination of the SIGAR 

office. 

According to the SIGAR, the agency has been able to bypass the 

standard hiring process by hiring all of its employees through the 

SIGIR—which already has the additional authorities provided in 

this bill—and then having these personnel detailed to the SIGAR. 

Thus, CBO expects that allowing the SIGAR to begin hiring such 

personnel directly would not significantly affect the amount or timing of the agency’s expenditures. CBO therefore estimates that implementing the bill would have no significant effect on spending 

subject to appropriation. Enacting the bill would not affect direct 

spending or revenues. 

S. 615 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is John Chin. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

VII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman). 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2008 

(Public Law 110–181; 122 Stat. 381) 

* * * * * * * 

SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. 

* * * * * * * 


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(h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.— ø(1) PERSONNEL.—The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, 

subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such 

title, relating to classification and General Schedule pay 

rates.¿ 

(1) PERSONNEL.— (A) IN GENERAL.—The Inspector General may select, appoint, and employ such officers and employees as may be 

necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, 

governing appointments in the competitive service, and the 

provisions of chapter 51 and subchapter III of chapter 53 

of such title, relating to classification and General Schedule 

pay rates. 

(B) ADDITIONAL AUTHORITIES.— (i) IN GENERAL.—Subject to clause (ii), the Inspector 

General may exercise the authorities of subsections (b) 

through (i) of section 3161 of title 5, United States 

Code (without regard to subsection (a) of that section). 

(ii) PERIODS OF APPOINTMENTS.—In exercising the 

employment authorities under subsection (b) of section 

3161 of title 5, United States Code, as provided under 

clause (i) of this subparagraph— 

(I) paragraph (2) of that subsection (relating to 

periods of appointments) shall not apply; and 

(II) no period of appointment may exceed the 

date on which the Office of the Special Inspector 

General for Afghanistan Reconstruction terminates 

under subsection (o). 

Æ 


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