[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H10006-H10007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING INSPECTOR GENERAL ACT
Mr. OSE. Mr. Speaker, I move to suspend the rules and pass the Senate
bill (S. 1707) to amend the Inspector General Act of 1978 (5 U.S.C.
App.) to provide that certain designated Federal entities shall be
establishments under such Act, and for other purposes.
The Clerk read as follows:
S. 1707
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. THE TENNESSEE VALLEY AUTHORITY AS AN ESTABLISHMENT
UNDER THE INSPECTOR GENERAL ACT OF 1978.
(a) Findings.--Congress finds that--
(1) Inspectors General serve an important function in
preventing and eliminating fraud, waste, and abuse in the
Federal Government; and
(2) independence is vital for an Inspector General to
function effectively.
(b) Establishment of Inspector General.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 8G(a)(2) by striking ``the Tennessee Valley
Authority,''; and
(2) in section 11--
(A) in paragraph (1) by striking ``or the Commissioner of
Social Security, Social Security Administration;'' and
inserting ``the Commissioner of Social Security, Social
Security Administration; or the Board of Directors of the
Tennessee Valley Authority;''; and
(B) in paragraph (2) by striking ``or the Social Security
Administration;'' and inserting ``the Social Security
Administration, or the Tennessee Valley Authority;''.
(c) Executive Schedule Position.--Section 5315 of title 5,
United States Code, is amended by inserting after the item
relating to the Inspector General of the Small Business
Administration the following:
``Inspector General, Tennessee Valley Authority.''.
(d) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect 30 days after the date of enactment of this Act.
(2) Inspector general.--The person serving as Inspector
General of the Tennessee Valley Authority on the effective
date of this section--
(A) may continue such service until the President makes an
appointment under section 3(a) of the Inspector General Act
of 1978 (5 U.S.C. App.) consistent with the amendments made
by this section; and
(B) shall be subject to section 8G (c) and (d) of the
Inspector General Act of 1978 (5 U.S.C. App.) as applicable
to the Board of Directors of the Tennessee Valley Authority,
unless that person is appointed by the President, by and with
the advice and consent of the Senate, to be Inspector General
of the Tennessee Valley Authority.
SEC. 2. ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL
INVESTIGATOR ACADEMY AND INSPECTORS GENERAL
FORENSIC LABORATORY.
(a) Inspectors General Criminal Investigator Academy.--
(1) Establishment.--There is established the Criminal
Investigator Academy within the Department of the Treasury.
The Criminal Investigator Academy is established for the
purpose of performing investigator training services for
offices of inspectors general created under the Inspector
General Act of 1978 (5 U.S.C. App.).
(2) Executive director.--The Criminal Investigator Academy
shall be administered by an Executive Director who shall
report to an inspector general for an establishment as
defined in section 11 of the Inspector General Act of 1978 (5
U.S.C. App.)--
(A) designated by the President's Council on Integrity and
Efficiency; or
(B) if that council is eliminated, by a majority vote of
the inspector generals created under the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Inspectors General Forensic Laboratory.--
(1) Establishment.--There is established the Inspectors
General Forensic Laboratory within the Department of the
Treasury. The Inspector General Forensic Laboratory is
established for the purpose of performing forensic services
for offices of inspectors general created under the Inspector
General Act of 1978 (5 U.S.C. App.).
(2) Executive director.--The Inspectors General Forensic
Laboratory shall be administered by an Executive Director who
shall report to an inspector general for an establishment as
defined in section 11 of the Inspector General Act of 1978 (5
U.S.C. App.)--
(A) designated by the President's Council on Integrity and
Efficiency; or
(B) if that council is eliminated, by a majority vote of
the inspector generals created under the Inspector General
Act of 1978 (5 U.S.C. App.).
(c) Separate Appropriations Account.--Section 1105(a) of
title 31, United States Code, is amended by adding at the end
the following:
``(33) a separate appropriation account for appropriations
for the Inspectors General Criminal Investigator Academy and
the Inspectors General Forensic Laboratory of the Department
of the Treasury.''.
(d) Authorization of Appropriations.--There are authorized
to carry out this section such sums as may be necessary for
fiscal year 2001 and each fiscal year thereafter.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Ose) and the gentleman from Texas (Mr. Turner) each
will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Ose).
General Leave
Mr. OSE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on S. 1707.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. OSE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1707 would make the position of Inspector General of
the Tennessee Valley Authority a presidential appointment. The bill
would also authorize a Criminal Investigator Academy and Forensic
Laboratory for the Inspector General community.
Offices of Inspector General are independent, nonpartisan, and
objective units that exist in nearly 60 Federal departments and
agencies, including all Cabinet departments, major executive branch
agencies, and many smaller boards, commissions, corporations, and
foundations.
The primary distinction between the offices of Inspector General in
the larger Federal agencies and those in smaller government entities is
the method by which the Inspector General is appointed. Inspectors
General at larger agencies are appointed by the President, with the
advice and consent of the Senate. Inspectors General at smaller Federal
entities are appointed, and can be removed from office by the head of
the agency.
Regardless of the process, however, the mission of all Inspectors
General is the same: to conduct audits and investigations of agency
programs in order to promote an economic and efficient operation, and
to combat any waste, fraud, or misuse of public money.
The Tennessee Valley Authority's board of directors currently
appoints and can remove its Inspector General. S. 1707 would turn that
responsibility over to the President.
With an annual budget of more than $7 million and a staff of more
than 80 full-time equivalent employees, the Tennessee Valley Authority
is larger than some government entities whose Inspectors General are
appointed by the President. S. 1707 would elevate the status of the
Tennessee Valley Authority's Inspector General, and would further
enhance the independence of this important office.
S. 1707 would also establish a Criminal Investigator Academy and
General Forensic Laboratory for all Federal Inspectors General. These
facilities would be housed in the Department of the Treasury and would
provide high caliber investigative training and forensic services for
Inspectors General at all departments, agencies, and government
entities, regardless of size.
Mr. Speaker, I urge adoption of this measure, and I reserve the
balance of my time.
Mr. TURNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1707, as has been mentioned, is intended to enhance
the independence of the Inspector General of the Tennessee Valley
Authority by making the position presidentially-appointed. Under
current law, the Inspector General of the TVA is appointed by the
agency head.
As all of us understand, the Inspectors General in all of our
agencies perform a very important watchdog function. In order to be
able to carry that out effectively, they need to be independent.
Therefore, this bill would make the Inspector General of this agency
similar to all agencies of the Federal government and require that the
President appoint the Inspector General, rather than the agency head.
In addition, this bill authorizes such funds as are necessary to
establish a criminal investigator academy and a forensic laboratory for
the Inspector
[[Page H10007]]
General community. It is clear that the Inspectors General need to have
adequate and continuous criminal investigative training, and this
academy will provide such training.
Also, the Inspectors General have a need for forensic lab capability,
which this bill authorizes.
Mr. Speaker, I support the bill, and I commend Senator Thompson and
Senator Lieberman for their bipartisan work on the matter. I believe
the bill will enhance the Inspector General of the TVA and promote
economy, effectiveness, and efficiency within that important Federal
agency, and I urge adoption of the measure.
Mr. Speaker, I yield back the balance of my time.
Mr. OSE. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, I want to first of all thank the gentleman
from California (Mr. Ose) for yielding me this time and for his support
of this legislation.
Mr. Speaker, I rise in support of this bill, which I think can fairly
be described as noncontroversial, commonsense legislation. S. 1707 is a
bill that was introduced by my colleague from Tennessee, Senator Fred
Thompson, and I want to salute him for his work on this legislation.
This bill, S. 1707, is the companion to a bill that I originally
introduced in the House, H.R. 2013. Simply put, S. 1707 will require
that the Inspector General for the Tennessee Valley Authority be
appointed by the President and confirmed by the Senate.
Currently, the Inspector General for the TVA is appointed by the TVA
board, the very board which it is expected to oversee. This legislation
will guarantee that this Inspector General is guaranteed independence,
so that any waste, fraud, and abuse can be fully and adequately and
properly investigated. Almost everyone agrees that Inspectors General
can do much better jobs if they are not controlled by the agency or
department which they are expected to oversee.
The bill which was originally introduced would apply to all 33
Federal agencies where the Inspectors General are not truly independent
and are presently appointed by the department or agency which they are
expected to investigate and oversee. While S. 1707 applies only to TVA,
I certainly think it is a step in the right direction, and it is a very
significant first step toward my goal of making all 33 of these agency
Inspectors General truly independent.
I am also pleased that this bill has provisions that the gentleman
from California (Mr. Ose) just mentioned to establish an academy for
Inspectors General that all Inspectors General can attend, so that this
bill will start a process that will have ramifications far beyond TVA.
This proposal has bipartisan support, and it has been endorsed by the
Tennessee Valley Authority board of directors. It has already passed
the other body by unanimous consent. In addition, the Knoxville News
Sentinel, which is published in the city where TVA's headquarters are
located, has recommended passage of this legislation.
Finally, I would like to thank the gentleman from Indiana (Mr.
Burton) and his staff for their hard work on this bill, and for helping
me bring this bill to the floor today. Mr. Speaker, I will say that
this is a modest proposal which will certainly help improve the
oversight of the Tennessee Valley Authority. I urge passage of S. 1707.
Mr. CLEMENT. Mr. Speaker, I rise today to voice my support for S.
1707, legislation that requires the TVA Inspector General to be
nominated by the President and confirmed by the Senate, as is the
practice at other large federal agencies. S. 1707 also provides that
the President has the authority to remove the TVA IG.
As a cosponsor of similar legislation in the House introduced by
Representative Jimmy Duncan, I am very pleased that Congress is moving
to pass this legislation before we adjourn for the year. S. 1707, like
H.R. 2013, amends the Inspector General Act of 1978 to provide for the
Presidential appointment of and Senate confirmation of the Inspector
General for TVA.
As a former member of TVA's Board of Directors and a former chairman
of the TVA Caucus in Congress, I believe this bill will greatly help
assure the independence between the IG's office and TVA management. It
is critically important to reaffirm the independence of the TVA IG, and
thus Congress should amend the Inspector General Act. Most will agree
that making TVA's IG a Presidential appointee will strengthen the IG's
office. I applaud Senator Thompson and Representative Duncan for their
leadership on this legislation. It is my hope the President will act
promptly and sign this bill into law.
Mr. OSE. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Ose) that the House suspend the rules
and pass the Senate bill, S. 1707.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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