[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2082 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2082

To establish a Commission to conduct a comprehensive legal and factual 
    study of the navigational, flood control, economic development, 
      recreational, and economic impacts of the future structure, 
    competitiveness, and financial viability of TVA, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 1997

 Mr. Clement introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Science, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a Commission to conduct a comprehensive legal and factual 
    study of the navigational, flood control, economic development, 
      recreational, and economic impacts of the future structure, 
    competitiveness, and financial viability of TVA, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TVA 2000 Regional Commission Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) The Tennessee Valley Authority (TVA) has been a 
        national asset and a vital Federal agency for sixty-four years, 
        established by President Franklin Delano Roosevelt and the U.S. 
        Congress in 1933 in order to eliminate vast flooding and 
        poverty in the Tennessee Valley region.
            (2) The TVA has served the country and the citizens of the 
        Tennessee Valley well as the Nation's largest Federal electric 
        power utility, as a multipurpose economic development agency, 
        as a preventive measure against the economic losses and human 
        suffering caused by the ravages of flooding, as an 
        environmental steward for the Nation's fifth largest river 
        watershed, and as an international leader in flood control, 
        economic development, and power production.
            (3) The electric power industry is undergoing sweeping 
        changes as incentives for greater competition within the 
        industry are explored. These changes will have a profound 
        impact on TVA and the 160 municipally and cooperatively owned 
        utilities which presently purchase power at wholesale from TVA 
        and distribute it to eight million customers in the TVA Region, 
        and potential competitors of TVA and its wholesale customers.
            (4) The TVA carries the Nation's largest utility debt 
        currently exceeding $27 billion, a debt whose financing demands 
        over 30% of TVA's revenues each year.
            (5) The historic mission of the TVA is now in question and 
        TVA's Chairman has proposed a departure from the financing and 
        operation of the agency's congressionally mandated functions.
            (6) The decision-making structure for the TVA provides 
        limited public input, oversight and accountability, and 
        Congress and the Administration are the only mechanisms for 
        oversight and accountability for the TVA.
            (7) A Federal commission should be established to conduct a 
        comprehensive study of the Tennessee Valley Authority, its 
        mission, structure and purpose, and to explore what changes, if 
        any, may be necessary to the TVA for future operations to 
        assure the protection of the interests of the citizens of the 
        Tennessee Valley and the Nation.

SEC. 3. THE TVA 2000 REGIONAL COMMISSION.

    (a) Establishment of Commission.--There is established a commission 
to be known as the TVA 2000 Regional Commission (hereinafter referred 
to in this Act as ``the Commission''). The Commission shall--
            (1) be composed of 12 members appointed in accordance with 
        subsection (b); and
            (2) conduct its business in accordance with the provisions 
        of this Act.
    (b) Membership.--
    (1) In General.--The Commissioners shall be appointed for the life 
of the Commission as follows:
                    (A) 2 shall be appointed by the President of the 
                United States.
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives.
                    (C) 2 shall be appointed by the Majority Leader of 
                the Senate.
                    (D) 2 shall be appointed by the Minority Leader of 
                the House.
                    (E) 2 shall be appointed by the Minority Leader of 
                the Senate.
                    (F) 2 shall be appointed by the Chairman of the TVA 
                Caucus upon approval of a majority of the Caucus.
            (2) Persons eligible.--The members of the Commission shall 
        be individuals who are residents of the TVA Region and who have 
        knowledge or expertise, whether by experience or training, in 
        matters to be studied by the Commission under section 4. The 
        members may be from the public or private sector, and may 
        include Federal, State, or local officers or employees, members 
        of academia, non-profit organizations, or industry, or other 
        interested individuals. No person who is an officer, agent, or 
        employee of, or otherwise affiliated with, an investor owned 
        electric utility shall be eligible for appointment to the 
        Commission.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, the Majority Leader of the 
        Senate, the Minority Leader of the House, the Minority Leader 
        of the Senate, and the Chairman of the Congressional TVA Caucus 
        shall consult among themselves prior to the appointment of the 
        members of the Commission in order to achieve, to the maximum 
        extent possible, fair and equitable representation of the 
        complete range of Tennessee Valley interests with respect to 
        the matters to be studied by the Commission under section 4. 
        The Commission shall consist of at least 1 representative of 
        municipal utilities, 1 residential rate-payer consumer 
        advocate, 1 representative of Valley industrial interests, 1 
        rural electric cooperative representative, 1 environmental 
        advocate, 1 TVA employee representing labor, 1 representative 
        of state and local governments, and 1 representative of Valley 
        commercial interests.
            (4) Completion of appointments; vacancies.--The President, 
        the Speaker of the House of Representatives, and the Majority 
        Leader of the Senate shall conduct the consultation required 
        under paragraph (3) and shall each make their respective 
        appointments not later than 60 days after the date of enactment 
        of this Act. Any vacancy that occurs during the life of the 
        Commission shall not affect the powers of the Commission, and 
        shall be filled in the same manner as the original appointment 
        not later than 60 days after the vacancy occurs.
            (5) Operation of the commission.--
                    (A) Chairmanship.--The President, the Speaker of 
                the House of Representatives, the Majority Leader of 
                the Senate, the Minority Leader of the House, the 
                Minority Leader of the Senate, and the TVA Caucus 
                Chairman shall jointly designate one member as the 
                Chairman of the Commission. In the event of a 
                disagreement among the appointing authorities, the 
                Chairman shall be determined by a majority vote of the 
                appointing authorities. The determination of which 
                member shall be Chairman shall be made not later than 
                15 days after the appointment of the last member of the 
                Commission, but in no case later than 75 days after the 
                date of enactment of this Act.
                    (B) Meetings.--The Commission shall meet at the 
                call of the Chairman. The initial meeting of the 
                Commission shall be conducted not later than 30 days 
                after the appointment of the last member of the 
                Commission, or not later than 30 days after the date on 
                which appropriated funds are available for the 
                Commission, whichever is later.
                    (C) Quorum; voting; rules.--A majority of the 
                members of the Commission shall constitute a quorum to 
                conduct business, but the Commission may establish a 
                lesser quorum for conducting hearings scheduled by the 
                Commission. Each member of the Commission shall have 
                one vote, and the vote of each member shall be accorded 
                the same weight. The Commission may establish by a 
                majority vote any other rules for the conduct of the 
                Commission's business, if such rules are not 
                inconsistent with this Act or other applicable law.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive legal and factual study of the 
        navigational, flood control, economic development, 
        recreational, and economic impacts of the future structure, 
        competitiveness, and financial viability of TVA on--
                    (A) Federal, State, and local governments; and
                    (B) communities, citizens, businesses, and the 
                environment within the TVA region.
            (2) Matters to be studied.--The matters studied by the 
        Commission under paragraph (1) shall at a minimum include--
                    (A) a review of the TVA Act and its relevance for 
                the Tennessee Valley in the 21st century;
                    (B) an assessment of the financial viability of the 
                TVA, including its debt, its ability to compete in a 
                deregulated utilities environment, the nature and 
                future responsibility for its ``stranded costs'', and 
                options for dissolving TVA's debt;
                    (C) an assessment of TVA's responsibility for flood 
                control, navigation, and recreational management in the 
                Tennessee Valley and the extent to which, if at all, 
                these functions should be privatized or become the 
                responsibility of another Federal agency to the extent 
                that these programs impact TVA's power program;
                    (D) an assessment of the structure of TVA's Board 
                and whether its size, selection process and 
                organization are adequate for a utility of TVA's 
                magnitude;
                    (E) an assessment of the impact of congressional 
                proposals for utilities restructuring upon TVA and 
                whether the restrictions upon TVA from marketing and 
                selling power in regions outside the TVA region should 
                continue in a deregulated environment;
                    (F) an assessment of whether utilities outside the 
                TVA region should be permitted to market and sell power 
                within the TVA region;
                    (G) an assessment of whether the generation and 
                transmission functions of TVA's power program should be 
                separated in a competitive marketplace;
                    (H) an assessment of the contractual relationship 
                between TVA and its power distributors;
                    (I) an assessment of TVA's regulatory role;
                    (J) an assessment of the future structure of TVA as 
                a Federal agency; and
                    (K) an assessment of any competitive advantages of 
                TVA in a deregulated electricity market.
    (b) Views of Investor Owned Utilities.--Representatives of investor 
owned electric utilities may submit their views to the Commission to 
assist the Commission in carrying out its duties under subsection (a).
    (b) Report.--No later than 1 year after the date on which the 
Commission first meets, or by December 31, 1998, whichever is later, 
the Commission shall submit to the President, the Congress, and state 
governors and legislatures within the TVA region a comprehensive report 
of the Commission's findings and conclusions, together with any 
recommendations of the Commission. Such report shall include a summary 
of all reports submitted to the Oak Ridge National Laboratory, as 
specified in Section 7, or the Commission as well as a summary of any 
other material relied on by the Commission in the preparation of its 
report. The report should be made available for public comment at least 
60 days prior to its submission to the Congress. The staff of Oak Ridge 
National Laboratory shall work at the request of the Commission and 
shall submit such reports to the Commission.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 4.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code. 
        The per diem and mileage allowances for witnesses shall be paid 
        from funds appropriated to the Commission.
    (b) Subpoenas.--
            (1) In general.--If a person fails to supply information 
        requested by the Commission, the Commission may by majority 
        vote require by subpoena the production of any written or 
        recorded information, document, report, answer, record, 
        account, paper, computer file, or other date or documentary 
        evidence necessary to carry out its duties under section 4. The 
        Commission shall transmit to the Attorney General a 
        confidential, written notice at least 10 days in advance of the 
issuance of any such subpoena. A subpoena under this paragraph may 
require the production of materials from any place within the United 
States.
            (2) Interrogatories.--The Commission may, with respect only 
        to information necessary to understand any materials obtained 
        through a subpoena under paragraph (1), issue a subpoena 
        requiring the person producing such materials to answer, either 
        through sworn deposition or through written answers provided 
        under oath (at the election of the person upon whom the 
        subpoena is served), to interrogatories from the Commission 
        regarding such information. A complete recording or 
        transcription shall be made of any deposition made under this 
        paragraph.
            (3) Certification.--Each person who submits materials or 
        information to the Commission pursuant to a subpoena issued 
        under paragraph (1) or (2) shall certify to the Commission the 
        authenticity and completeness of all materials or information 
        submitted. The provisions of section 1001 of title 18, United 
        States Code, shall apply to any false statements made with 
        respect to the certification required under this paragraph.
            (4) Treatment of subpoenas.--Any subpoena issued by the 
        Commission under paragraph (1) or (2) shall comply with the 
        requirements for subpoenas issued by a United States district 
        court under the Federal Rules of Civil Procedure.
            (5) Failure to obey a subpoena.--If a person or entity 
        refuses to obey a subpoena issued by the Commission under 
        paragraph (1) or (2), the Commission may apply to a United 
        States district court for an order requiring that person to 
        comply with such subpoena. The application may be made within 
        the judicial district in which that person is found, resides, 
        or transacts business. Any failure to obey the order of the 
        court may be punished by the court as civil contempt.
    (c) Information from Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 4. 
Upon the request of the Commission, the head of such department or 
agency may furnish such information to the Commission.
    (d) Information To Be Kept Confidential.--The Commission shall be 
considered an agency of the Federal Government for purposes of section 
1905 of title 18, United States Code, and any individual employed by an 
individual, entity, or organization under contract to the Commission 
under section 7 shall be considered an employee of the Commission for 
the purposes of section 1905 of title 18, United States Code. 
Information obtained by the Commission, other than information 
available to the public, shall not be disclosed to any person in any 
manner, except--
            (1) to Commission employees or employees of any individual, 
        entity, or organization under contract to the Commission under 
        section 7 for the purpose of receiving, reviewing, or 
        processing such information;
            (2) upon court order; or
            (3) when publicly released by the Commission in an 
        aggregate or summary form that does not directly or indirectly 
        disclose--
                    (A) the identity of any person or business entity; 
                or
                    (B) any information which could not be released 
                under section 1905 of title 18, United States Code. 
                Information from public power entities and rural 
                electric cooperatives which are distributors of TVA 
                power or their customers shall not be deemed to be 
                information available to the public.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government, or whose 
compensation is not precluded by a State or local government position, 
shall be compensated at a rate equal to the daily equivalent of the 
annual rate of basic pay prescribed for Level IV of the Executive 
Schedule under section 5316 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Commission. All members of the 
Commission who are officers or employees of the United States shall 
serve without compensation in addition to that received for their 
services as officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director for the Commission 
        from among the personnel of the Oak Ridge National Laboratory 
        detailed to the Commission by the Secretary of Energy under 
        paragraph (2). The employment and termination of an executive 
        director shall be subject to confirmation by a majority of the 
        members of the Commission.
            (2) Detail of government employees.--Any employee of the 
        Oak Ridge National Laboratory, with the approval of the 
        Secretary of Energy (and any other Federal Government employee, 
        with the approval of the head of the appropriate Federal 
        agency) may be detailed to the Commission, and such detail 
        shall be without interruption or loss of civil service status, 
        benefits, or privilege. The Commission shall reimburse the 
        Secretary of Energy (or other appropriate Federal agency) for 
        the costs of all salary and overhead incurred by the Secretary 
        (or other agency) in connection with the detail of such 
        employees.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for Level V of the Executive Schedule under 
section 5316 of such title.

SEC. 7. CONTRACTS FOR RESEARCH.

    (a) The Oak Ridge National Laboratories.--
            (1) In general.--In carrying out its duties under section 
        4, the Commission shall contract with the Oak Ridge National 
        Laboratory for--
                    (A) an executive director for the Commission;
                    (B) staffing of the Commission; and
                    (C) assistance in conducting and compiling the 
                studies required by the Commission;
            (2) Report required.--The contract entered into under 
        paragraph (1) shall require that the Oak Ridge National 
        Laboratory submit reports and updates to the Commission, as the 
        Commission deems necessary, detailing the results of its 
        efforts under the contract. A final report shall be issued by 
        the Commission no later than 12 months after the date upon 
        which the Commission first meets.
    (b) Other Organizations.--Nothing in this section shall be 
construed to limit the ability of the Commission to enter into 
contracts with other entities or organizations for research necessary 
to carry out the Commission's duties under section 4.

SEC. 8. DEFINITIONS.

    For the purposes of this Act:
            (1) The tennessee valley authority.--The term ``Tennessee 
        Valley Authority'', or ``TVA'', means the Federal agency 
        authorized to serve the United States and the Tennessee Valley 
        region under the TVA Act of 1933.
            (2) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.
            (3) The tva region.--The term ``The TVA Region'' means each 
        of the areas served by TVA in the seven States of Tennessee, 
        Alabama, Virginia, Georgia, Mississippi, North Carolina, and 
        Kentucky.
            (4) The tva caucus.--The term ``the TVA Caucus'' means the 
        Members of Congress from the States served by the TVA.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Commission, the Oak Ridge National Laboratory, and other organizations 
appointed under section 7(c) $2,000,000 dollars to carry out the 
purposes of this Act. Any sums appropriated shall remain available, 
without fiscal year limitation, until expended.
    (b) Limitation.--No payment may be made under section 6 or 7 of 
this Act except to the extent provided for in advance in an 
appropriation Act.

SEC. 10. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 60 days after the Commission submits 
the report required under section 4(b).
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