[Congressional Record Volume 155, Number 89 (Monday, June 15, 2009)]
[House]
[Pages H6749-H6750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING ADDITIONAL AUTHORITIES TO SPECIAL INSPECTOR GENERAL FOR 
                       AFGHANISTAN RECONSTRUCTION

  Mr. FALEOMAVAEGA. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 615) to provide additional personnel authorities 
for the Special Inspector General for Afghanistan Reconstruction.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 615

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADDITIONAL PERSONNEL AUTHORITIES FOR THE SPECIAL 
                   INSPECTOR GENERAL FOR AFGHANISTAN 
                   RECONSTRUCTION.

       Section 1229(h) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 381) is 
     amended by striking paragraph (1) and inserting the 
     following:
       ``(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).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
American Samoa (Mr. Faleomavaega) and the gentleman from Florida (Mr. 
Bilirakis) each will control 20 minutes.
  The Chair recognizes the gentleman from American Samoa.


                             General Leave

  Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from American Samoa?
  There was no objection.
  Mr. FALEOMAVAEGA. I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of Senate bill 615, legislation 
that provides critical personnel authority for the Special Inspector 
General for Afghanistan, known as SIGAR.
  Since 2001, the United States has devoted $32 billion in humanitarian 
and reconstruction assistance to Afghanistan. In an effort to combat 
waste, fraud and abuse with regard to the expenditure of these funds, 
Congress created the Special Inspector General for Afghanistan 
Reconstruction, commonly known as SIGAR, in the National Defense 
Authorization Act of 2008.
  That legislation empowers SIGAR to conduct audits, inspections, and 
investigations of all U.S. assistance programs in Afghanistan. Congress 
intended that SIGAR would exercise its authority swiftly. It came into 
existence in July of 2008 with an authorization to hire 18 auditors, 13 
inspectors and 3 investigators; but from the beginning, SIGAR has been 
hindered by certain limitations contained in standard Federal 
Government personnel authorities and by the difficulty of attracting 
qualified candidates to work in the difficult security environment of 
Afghanistan. A year after its creation, SIGAR has conducted only one 
independent audit and has only hired nine auditors, five inspectors and 
three investigators.
  This resolution would help resolve this problem by granting SIGAR a 
special hiring authority under 5 U.S.C., section 3161. Section 3161 
would allow SIGAR a more flexible, excepted service authority and would 
empower the office to select, appoint, and employ the necessary staff 
to fulfill its duties. In particular, section 3161 would grant return 
rights to Federal employees, provide interagency detail authority and 
permit the setting of pay rates above the caps established by GS-15, 
step 10, under which SIGAR is currently required to operate.
  This has proven to be a vital asset for SIGAR's counterpart in Iraq, 
SIGIR, which has long relied upon this enhanced hiring authority to 
attract its dedicated core of professional staff.
  After conducting an in-depth review, the Department of Defense and 
the Office of Personnel Management have concluded that the proposed 
legislation is necessary to allow SIGAR to meet its responsibilities.

                              {time}  1415

  This bill represents a vital step in allowing SIGAR to fulfill its 
critical duties of the oversight of U.S. assistance programs in 
Afghanistan. I support the bill and urge my colleagues to support it as 
well.
  I reserve the balance of my time.
  Mr. BILIRAKIS. I yield myself as much time as I may consume.
  Mr. Speaker, I rise in strong support of this legislation. The United 
States has committed over $30 billion in assistance to Afghanistan 
since 2001, and with the President's stated intention to increase the 
size and scope of our efforts, it is necessary that we provide all of 
our inspectors general operating in Afghanistan the authorities and 
resources necessary to mitigate fraud, waste, and abuse in these 
programs. However, the Office of the Special Inspector General for 
Afghanistan Reconstruction, or SIGAR, currently lacks such authorities 
and resources.
  Despite its establishment nearly 1 year ago, SIGAR officials have 
reportedly had difficulty hiring individuals for this unique and 
challenging assignment, and the staffing shortfall has contributed to 
the lack of an independent audit or investigation by the office thus 
far.
  This legislation would amend the National Defense Authorization Act 
for fiscal year 2008 to provide to SIGAR personnel authorities similar 
to those given to the Special Inspector General for Iraq 
Reconstruction. The legislation would expedite the standard hiring 
process for civil service provisions by permitting 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.
  I strongly urge my colleagues to support this legislation which gives 
the SIGAR additional hiring authorities to facilitate his ability to 
quickly hire experienced, well-qualified employees to fill critical 
positions.
  I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  I thank my good friend, the gentleman from Florida, for his comments 
in support of this legislation. And I do also want to thank the 
gentlelady, the good Senator from Maine, Senator Collins, for her 
authorship to this bill. Thirty-two billion dollars is no pennies 
certainly to be given some sense of responsibility in knowing where the 
American taxpayers' money has gone in terms of the appropriations and 
the funding that we've given to Afghanistan and as well as to any other 
country, for that matter.
  So again, I really commend the gentlelady, the good Senator from 
Maine, Senator Collins, for her authorship of this bill, and I thank my 
good friend from Florida also in helping us manage this bill on the 
floor.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I would like to thank you for 
your leadership in bringing this legislation to the floor today. I want 
to also thank Senator Collins for introducing this legislation in the 
Senate.
  Mr. Speaker, I stand here today to support Amending the National 
Defense Authorization

[[Page H6750]]

Act for Fiscal Year 2008 to authorize the Special Inspector General for 
Afghanistan Reconstruction (SIGAR) to exercise certain employment and 
employment-related authorities currently permitted for the heads of 
temporary organizations established by law or executive order.
  As a member of the Homeland Security Committee, and Co-Chair of the 
US-Afghan Caucus, I am deeply concerned about this matter and want to 
ensure that the Inspector General's staffing needs are fulfilled in 
order for him to successfully carry out the responsibilities of his 
position. In order to be successful in Afghanistan and defeat the 
insurgents, we must make sure that we have a fully staffed SIGAR who is 
able to complete the duties of his position in a timely and accurate 
manner. The security of our troops and the success of our mission in 
Afghanistan depends upon it.
  Since 2001, the U.S. has provided approximately $32 billion in 
humanitarian and reconstruction assistance to Afghanistan. In addition, 
the international community has provided a further $25.3 billion for 
the rebuilding of Afghanistan. Since its inception in 2001, the SIGAR's 
mission has been to enhance oversight of programs for the 
reconstruction of Afghanistan by conducting independent and objective 
audits, inspections, and investigations on the use of taxpayer dollars 
and related funds by keeping the Congress, as well as the Secretaries 
of State and Defense, currently informed of reconstruction progress and 
weaknesses.
  Amending this defense bill reflects our commitment to support the men 
and women who fight to secure not only our citizen's freedom but the 
freedom of others. This bill will provide the necessary resources to 
protect the American people and our national interests at home and 
abroad. With this extended personnel authority, the SIGAR has now 
become a formidable and compelling instrument to make oversight of 
reconstruction efforts in Afghanistan a reality.
  Mr. BILIRAKIS. I yield back my time.
  Mr. FALEOMAVAEGA. I yield my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from American Samoa (Mr. Faleomavaega) that the House suspend 
the rules and pass the Senate bill, S. 615.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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