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108th CONGRESS
1st Session
S. 515
To provide additional authority to the Office of Ombudsman of the
Environmental Protection Agency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2003
Mr. Crapo (for himself, Mr. Jeffords, Mr. Allard, Mr. Thomas, Mr.
Specter, Mrs. Clinton, Mr. Santorum, and Mr. Grassley) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To provide additional authority to the Office of Ombudsman of the
Environmental Protection Agency.
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 ``Ombudsman Reauthorization Act of
2003''.
SEC. 2. OFFICE OF OMBUDSMAN.
Section 2008 of the Solid Waste Disposal Act (42 U.S.C. 6917) is
amended to read as follows:
``SEC. 2008. OFFICE OF OMBUDSMAN.
``(a) Definitions.--In this section:
``(1) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(2) Deputy ombudsman.--The term `Deputy Ombudsman' means
any individual appointed by the Ombudsman under subsection
(e)(1)(A)(i).
``(3) Office.--The term `Office' means the Office of the
Ombudsman established by subsection (b)(1).
``(4) Ombudsman.--The term `Ombudsman' means the director
of the Office.
``(b) Establishment.--
``(1) In general.--There is established within the Agency
an office to be known as the `Office of the Ombudsman'.
``(2) Oversight.--
``(A) In general.--The Office shall be an
independent office within the Agency.
``(B) Structure.--To the maximum extent
practicable, the structure of the Office shall conform
to relevant professional guidelines, standards, and
practices.
``(3) Head of office.--
``(A) Ombudsman.--The Office shall be headed by an
Ombudsman, who shall--
``(i) be appointed by the President by and
with the advice and consent of the Senate; and
``(ii) report directly to the
Administrator.
``(B) Qualifications for and restrictions on
employment.--A person appointed as Ombudsman--
``(i) shall have experience as an ombudsman
in a Federal, State, or local government
entity; and
``(ii) shall not have been an employee of
the Agency at any time during the 1-year period
before the date of appointment.
``(C) Term.--The Ombudsman--
``(i) shall serve for a term of 5 years;
and
``(ii) may be reappointed for not more than
1 additional term.
``(D) Removal.--
``(i) In general.--The President may remove
or suspend the Ombudsman from office only for
neglect of duty or malfeasance in office.
``(ii) Communication to congress.--If the
President removes or suspends the Ombudsman,
the President shall communicate the reasons for
the removal or suspension to Congress.
``(c) Duties.--The Ombudsman shall--
``(1) receive, and render assistance concerning, any
complaint, grievance, or request for information submitted by
any person relating to any program or requirement under--
``(A) this Act;
``(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
``(C) any other program administered by the Office
of Solid Waste and Emergency Response of the Agency;
and
``(2) conduct investigations, make findings of fact, and
make nonbinding recommendations to the Administrator concerning
the programs and requirements described in paragraph (1).
``(d) Powers and Responsibilities.--In carrying out this section,
the Ombudsman--
``(1) may investigate any action of the Agency without
regard to the finality of the action;
``(2) may select appropriate matters for action by the
Office;
``(3) may--
``(A) prescribe the methods by which complaints
shall be made to, and received and addressed by, the
Office;
``(B) determine the scope and manner of
investigations made by the Office; and
``(C) determine the form, frequency, and
distribution of conclusions and recommendations of the
Office;
``(4) may request the Administrator to provide the
Ombudsman notification, within a specified period of time, of
any action taken on a recommendation of the Ombudsman;
``(5) may request, and shall be granted by any Federal
agency or department, assistance and information that the
Ombudsman determines to be necessary to carry out this section;
``(6) may examine any record of, and enter and inspect
without notice any property under the administrative
jurisdiction of--
``(A) the Agency; or
``(B) any other Federal agency or department
involved in a matter under the
administrative jurisdiction of the Office of Solid Waste and Emergency
Response of the Agency;
``(7) may--
``(A) issue a subpoena to compel any person to
appear to give sworn testimony concerning, or to
produce documentary or other evidence determined by the
Ombudsman to be reasonable in scope and relevant to, an
investigation by the Office; and
``(B) seek enforcement of a subpoena issued under
subparagraph (A) in a court of competent jurisdiction;
``(8) may carry out and participate in, and cooperate with
any person or agency involved in, any conference, inquiry on
the record, public hearing on the record, meeting, or study
that, as determined by the Ombudsman--
``(A) is material to an investigation conducted by
the Ombudsman; or
``(B) may lead to an improvement in the performance
of the functions of the Agency;
``(9) may administer oaths and hold hearings in connection
with any matter under investigation by the Office;
``(10) may engage in alternative dispute resolution,
mediation, or any other informal process that the Ombudsman
determines to be appropriate to carry out this section;
``(11) may communicate with any person, including Members
of Congress, the press, and any person that submits a
complaint, grievance, or request for information under
subsection (c)(1); and
``(12) shall administer a budget for the Office.
``(e) Administration.--
``(1) In general.--The Ombudsman shall--
``(A)(i) appoint a Deputy Ombudsman for each region
of the Agency; and
``(ii) hire such other assistants and employees as
the Ombudsman determines to be necessary to carry out
this section; and
``(B) supervise, evaluate, and carry out personnel
actions (including hiring and dismissal) with respect
to any employee of the Office.
``(2) Delegation of authority.--The Ombudsman may delegate
to other employees of the Office any responsibility of the
Ombudsman under this section except--
``(A) the power to delegate responsibility;
``(B) the power to issue subpoenas; and
``(C) the responsibility to make recommendations to
the Administrator.
``(3) Contact information.--The Ombudsman shall maintain,
in each region of the Agency, a telephone number, facsimile
number, electronic mail address, and post office address for
the Ombudsman that are different from the numbers and addresses
of the regional office of the Agency located in that region.
``(4) Reports.--The Ombudsman--
``(A) shall, at least annually, publish in the
Federal Register and submit to the Administrator, the
President, the Committee on Environment and Public
Works of the Senate, and the Committee on Energy and
Commerce of the House of Representatives a report on
the status of health and environmental concerns
addressed in complaints and cases brought before the
Ombudsman in the period of time covered by the report;
``(B) may issue reports, conclusions, or
recommendations concerning any other matter under
investigation by the Office;
``(C) shall solicit comments from the Agency
concerning any matter under investigation by the
Office; and
``(D) shall include any comments received by the
Office in written reports, conclusions, and
recommendations issued by the Office under this
section.
``(f) Penalties.--An investigation conducted by the Ombudsman under
this section constitutes--
``(1) a matter under section 1001 of title 18, United
States Code; and
``(2) a proceeding under section 1505 of title 18, United
States Code.
``(g) Employee Protection.--
``(1) In general.--No employer may discharge any employee,
or otherwise discriminate against any employee with respect to
compensation, terms, conditions, or privileges of employment of
the employee, because the employee (or any person acting at the
request of the employee) complied with any provision of this
section.
``(2) Complaint.--Any employee that, in the opinion of the
employee, is discharged or otherwise discriminated against by
any person in violation of paragraph (1) may, not later than
180 days after the date on which the violation occurs, file a
complaint in accordance with section 211 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851).
``(h) Applicability.--
``(1) In general.--This section--
``(A) does not limit any remedy or right of appeal;
and
``(B) may be carried out notwithstanding any
provision of law to the contrary that provides that an
agency action is final, not reviewable, or not subject
to appeal.
``(2) Effect on procedures for grievances, appeals, or
administrative matters.--The establishment of the Office does
not affect any procedure concerning grievances, appeals, or
administrative matters under this Act or any other law
(including regulations).
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $3,000,000 for each of fiscal years 2004 and
2005;
``(B) $4,000,000 for each of fiscal years 2006
through 2009; and
``(C) $5,000,000 for each of fiscal years 2010
through 2013.
``(2) Separate line item.--In submitting the annual budget
for the Federal Government to Congress, the President shall
include a separate line item for the funding for the Office.''.
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