II

107TH CONGRESS

1ST SESSION S. 1331

To amend the Tennessee Valley Authority Act of 1933 to modify provisions

relating to the Board of Directors of the Tennessee Valley Authority,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. MILLER (for himself, Mr. CLELAND, Mr. BUNNING, Mr. HELMS, and Mr.

WARNER) introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To amend the Tennessee Valley Authority Act of 1933 to

modify provisions relating to the Board of Directors of

the Tennessee Valley Authority, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CHANGE IN COMPOSITION AND OPERATION OF

4 THE BOARD OF DIRECTORS OF THE TEN5 NESSEE VALLEY AUTHORITY.

6 (a) IN GENERAL.—The Tennessee Valley Authority

7 Act of 1933 is amended by striking section 2 (16 U.S.C.

8 831a) and inserting the following:
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1 ‘‘SEC. 2. BOARD OF DIRECTORS.

2 ‘‘(a) MEMBERSHIP.—

3 ‘‘(1) APPOINTMENT.—The Board of Directors

4 of the Corporation (referred to in this Act as the

5 ‘Board’) shall be appointed by the President by and

6 with the advice and consent of the Senate.

7 ‘‘(2) COMPOSITION.—The Board shall be com8 posed of 7 members, of whom—

9 ‘‘(A) 1 member shall be a resident of Ala10 bama;

11 ‘‘(B) 1 member shall be a resident of Geor12 gia;

13 ‘‘(C) 1 member shall be a resident of Ken14 tucky;

15 ‘‘(D) 1 member shall be a resident of Mis16 sissippi;

17 ‘‘(E) 1 member shall be a resident of

18 North Carolina;

19 ‘‘(F) 1 member shall be a resident of Ten20 nessee; and

21 ‘‘(G) 1 member shall be a resident of Vir22 ginia.

23 ‘‘(3) QUALIFICATIONS.—To be eligible to be ap24 pointed as a member of the Board, an individual—

25 ‘‘(A) shall be a citizen of the United

26 States;
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1 ‘‘(B) shall have no substantial direct finan2 cial interest in—

3 ‘‘(i) any public-utility corporation en4 gaged in the business of distributing and

5 selling power to the public; or

6 ‘‘(ii) any business that may be ad7 versely affected by the success of the Cor8 poration as a producer of electric power;

9 and

10 ‘‘(C) shall profess a belief in the feasibility

11 and wisdom of this Act.

12 ‘‘(4) CHAIRPERSON.—

13 ‘‘(A) IN GENERAL.—The Board shall select

14 a chairperson from among the members of the

15 Board.

16 ‘‘(B) DUTIES.—The chairperson shall be

17 the chief executive officer of the Corporation.

18 ‘‘(b) TERMS.—Members of the Board shall be ap19 pointed for terms of 4 years, except that, of the members

20 first appointed—

21 ‘‘(A) 3 members shall be appointed for a

22 term of 4 years;

23 ‘‘(B) 2 members shall be appointed for a

24 term of 3 years; and
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1 ‘‘(C) 2 members shall be appointed for a

2 term of 2 years.

3 ‘‘(c) VACANCIES.—A member appointed to fill a va4 cancy in the Board occurring before the expiration of the

5 term for which the predecessor of the member was ap6 pointed shall be appointed for the remainder of that term.

7 ‘‘(d) QUORUM.—

8 ‘‘(1) IN GENERAL.—Four members of the

9 Board shall constitute a quorum for the transaction

10 of business.

11 ‘‘(2) MINIMUM NUMBER OF MEMBERS.—A va12 cancy in the Board shall not impair the power of the

13 Board to act, so long as there are 4 members in of14 fice.

15 ‘‘(e) COMPENSATION OF MEMBERS.—

16 ‘‘(1) NON-FEDERAL EMPLOYEES.—Subject to

17 paragraph (4), a member of the Board who is not

18 an officer or employee of the Federal Government

19 shall be compensated at a rate equal to the daily

20 equivalent of the annual rate of basic pay prescribed

21 for level IV of the Executive Schedule under section

22 5315 of title 5, United States Code, for each day

23 (including travel time) during which the member is

24 engaged in the performance of the duties of the

25 Board.
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1 ‘‘(2) FEDERAL EMPLOYEES.—A member of the

2 Board who is an officer or employee of the Federal

3 Government shall serve without compensation in ad4 dition to the compensation received for the services

5 of the member as an officer or employee of the Fed6 eral Government.

7 ‘‘(3) TRAVEL EXPENSES.—A member of the

8 Board shall be allowed travel expenses, including per

9 diem in lieu of subsistence, at rates authorized for

10 an employee of an agency under subchapter I of

11 chapter 57 of title 5, United States Code, while

12 away from the home or regular place of business of

13 the member in the performance of the duties of the

14 Board.

15 ‘‘(4) COMPENSATION OF CHAIRPERSON.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), the Board may fix the com18 pensation of the chairperson without regard to

19 the provisions of chapter 51 and subchapter III

20 of chapter 53 of title 5, United States Code, re21 lating to classification of positions and General

22 Schedule pay rates.

23 ‘‘(B) MAXIMUM RATE OF PAY.—The rate

24 of pay for the chairperson may not exceed the

25 rate payable for level V of the Executive Sched-
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1 ule under section 5316 of title 5, United States

2 Code.’’.

3 (b) CURRENT BOARD MEMBERS.—A member of the

4 Board of Directors of the Tennessee Valley Authority who

5 was appointed before the date of enactment of this Act—

6 (1) may continue to serve as a member until

7 the date on which the term of that member expires;

8 and

9 (2) may be reappointed if that member meets

10 the residency requirements of section 2(a)(2) of the

11 Tennessee Valley Authority Act of 1933 (as amend12 ed by subsection (a)).

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