Expands the duties of the Ombudsman to include: (1) assisting citizens in resolving problems with the Environmental Protection Agency (EPA) Office of the Assistant Administrator for Solid Waste and Emergency Response; (2) proposing changes in EPA administrative practices to mitigate such problems; and (3) conducting investigations, making findings of fact, and making nonbinding recommendations concerning such problems.
Describes additional administrative and investigative powers of the Ombudsman.
Reauthorizes appropriations for the Ombudsman through FY 2010.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1431 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1431
To provide additional authority to the Office of Ombudsman of the
Environmental Protection Agency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Bilirakis (for himself, Mr. Otter, Mr. Norwood, Mr. Sawyer, Mr.
Scarborough, Mr. Shimkus, Mrs. Thurman, and Mr. Traficant) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
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
2001''.
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
Department of Justice or applicable United States attorney 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
Energy and Commerce of the House of Representatives, the
Committee on Environment and Public Works of the Senate, 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Hazardous Materials.
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