[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11656-S11658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 OMBUDSMAN REAUTHORIZATION ACT OF 2002

  Mr. REID. I ask unanimous consent that the Senate proceed to Calendar 
No. 737, S. 606.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (S. 606) to provide additional authority to the 
     Office of Ombudsman of the Environmental Protection Agency.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Environment and 
Public Works, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 606

       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 2001''.

[[Page S11657]]

     [SEC. 2. OFFICE OF OMBUDSMAN.

       [The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is 
     amended by striking section 2008 (42 U.S.C. 6917) and 
     inserting the following:

     [``SEC. 2008. OFFICE OF OMBUDSMAN.

       [``(a) Definitions.--In this section:
       [``(1) Assistant administrator.--The term `Assistant 
     Administrator' means the Assistant Administrator for Solid 
     Waste and Emergency Response of the Environmental Protection 
     Agency.
       [``(2) Office.--The term `Office' means the Office of the 
     Assistant Administrator for Solid Waste and Emergency 
     Response of the Environmental Protection Agency.
       [``(3) Ombudsman.--The term `Ombudsman' means the director 
     of the Office of Ombudsman established under subsection (b).
       [``(b) Establishment.--
       [``(1) In general.--The Administrator shall establish 
     within the Office an Office of Ombudsman, to be directed by 
     an Ombudsman.
       [``(2) Oversight.--The Ombudsman shall report directly to 
     the Administrator.
       [``(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 this 
     Act; and
       [``(2)(A) identify areas in which citizens have, and assist 
     citizens in resolving, problems with the Office;
       [``(B) propose changes in the administrative practices of 
     the Environmental Protection Agency to eliminate or, to the 
     maximum extent practicable, mitigate those problems; and
       [``(C) conduct investigations, make findings of fact, and 
     make nonbinding recommendations concerning those problems.
       [``(d) Powers and Responsibilities.--In carrying out this 
     section, the Ombudsman--
       [``(1) may, on receipt of a complaint or at the discretion 
     of the Ombudsman, investigate any action of the Assistant 
     Administrator without regard to the finality of the action;
       [``(2) may, under the authority of this section or section 
     104(e) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)), 
     examine any record or document of, and enter and inspect 
     without notice any property under the administrative 
     jurisdiction of, the Environmental Protection Agency;
       [``(3) in a case in which the Ombudsman experiences 
     difficulty in gathering information pertaining to an 
     investigation conducted by the Ombudsman, may request the 
     Inspector General of the Environmental Protection Agency to 
     subpoena any person to appear to give sworn testimony 
     concerning, or to produce documentary or other evidence 
     determined by the Ombudsman to be reasonably material to, the 
     investigation;
       [``(4) 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 reasonably material to an investigation conducted 
     by the Ombudsman; or
       [``(B) may lead to an improvement in the performance of the 
     functions of the Office;
       [``(5) shall maintain as confidential and privileged any 
     and all communications concerning any matter pending, and the 
     identities of any parties or witnesses appearing, before the 
     Ombudsman; and
       [``(6) shall administer a budget for the Office of 
     Ombudsman.
       [``(e) Administration.--
       [``(1) In general.--The Ombudsman may--
       [``(A) appoint an Associate Ombudsman for each region of 
     the Environmental Protection Agency; and
       [``(B) evaluate and carry out personnel actions (including 
     hiring and dismissal) with respect to any employee of the 
     Office of Ombudsman.
       [``(2) Contact information.--The Ombudsman shall maintain, 
     in each region of the Environmental Protection 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 
     Environmental Protection Agency located in that region.
       [``(3) Cooperation.--All Federal agencies shall--
       [``(A) assist the Ombudsman in carrying out functions of 
     the Ombudsman under this section; and
       [``(B) promptly make available, in such format as may be 
     determined by the Ombudsman, all requested information 
     concerning--
       [``(i) past or present agency waste management practices; 
     and
       [``(ii) past or present hazardous waste facilities owned, 
     leased, or operated by the agency.
       [``(4) Reports.--The Ombudsman shall, at least annually, 
     publish in the Federal Register and submit to the Committee 
     on Environment and Public Works of the Senate, the Committee 
     on Energy and Commerce of the House of Representatives, the 
     President, and, at the discretion of the Ombudsman, any other 
     governmental agency, 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.
       [``(f) Penalties.--Any person that willfully--
       [``(1) obstructs or hinders the proper and lawful exercise 
     of the powers of the Ombudsman; or
       [``(2) misleads or attempts to mislead the Ombudsman in the 
     course of an investigation;
     shall be subject, at a minimum, to penalties under sections 
     1001 and 1505 of title 18, United States Code.
       [``(g) Applicability.--
       [``(1) In general.--This section--
       [``(A) shall 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 of 
     Ombudsman shall not affect any procedure concerning 
     grievances, appeals, or administrative matters under this Act 
     or any other law (including regulations).
       [``(h) Authorization of Appropriations.--
       [``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       [``(A) $2,000,000 for each of fiscal years 2002 and 2003;
       [``(B) $3,000,000 for each of fiscal years 2004 through 
     2006; and
       [``(C) $4,000,000 for each of fiscal years 2007 through 
     2010.
       [``(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 
     of Ombudsman.
       [``(i) Termination.--The Office of Ombudsman shall cease to 
     exist on the date that is 10 years after the date of 
     enactment of the Ombudsman Reauthorization Act of 2001.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ombudsman Reauthorization 
     Act of 2002''.

     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;

[[Page S11658]]

       ``(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 2003 and 2004;
       ``(B) $4,000,000 for each of fiscal years 2005 through 
     2008; and
       ``(C) $5,000,000 for each of fiscal years 2009 through 
     2012.
       ``(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.''.

  Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to, the bill, as amended, be 
read three times, passed, the motion to reconsider be laid on the 
table, and any statements be printed in the Record, with no intervening 
action or debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 606), as amended, was read the third time and passed.

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