[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.

                          ____________________