[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1043 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1043
To provide additional authority to the Office of Ombudsman of the
Environmental Protection Agency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2005
Mr. Bilirakis (for himself and Ms. DeGette) 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
2005''.
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) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(3) Deputy ombudsman.--The term `Deputy Ombudsman' means
any individual appointed by the Ombudsman under subsection
(e)(1)(A)(i).
``(4) Office.--The term `Office' means the Office of the
Ombudsman established by subsection (b)(1).
``(5) 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 directed by
an Ombudsman, who shall be appointed by and report
directly to the Administrator.
``(B) Applicability of certain civil service
laws.--The Ombudsman shall be appointed subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be
paid at the rate of basic pay for GS-15 of the General
Schedule.
``(C) Qualifications for and restrictions on
employment.--A person appointed as Ombudsman--
``(i) shall be a person of recognized
judgment, objectivity, and integrity who is
well-equipped to analyze problems of law,
administration, and public policy;
``(ii) shall not have been an employee of
the Agency at any time during the 1-year period
before the date of appointment;
``(iii) shall not have received any grant,
loan, or contract (other than an employment
contract permissible under clause (ii)) from
the Agency during the 5-year period before the
date of appointment; and
``(iv) while serving as Ombudsman, shall
not--
``(I) be actively involved in
political party activities or publicly
endorse, solicit funds for, or make
contributions to political parties or
candidates for elective office;
``(II) be a candidate for or hold
any other elective or appointive public
office; or
``(III) engage in any other
occupation, business, or profession
likely to detract from the full-time
performance of his or her duties as
Ombudsman or to result in a conflict of
interest or an appearance of
impropriety or partiality.
``(D) Term.--The Ombudsman--
``(i) shall serve for a term of 5 years;
and
``(ii) may be reappointed for not more than
1 additional term.
``(E) Removal.--
``(i) In general.--The Administrator may
remove or suspend the Ombudsman from office
only for neglect of duty or malfeasance in
office.
``(ii) Communication to congress.--If the
Administrator removes or suspends the
Ombudsman, the Administrator 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 of the
Agency; and
``(2) conduct investigations, make findings of fact, and
make nonbinding recommendations to the Administrator concerning
the program or requirement of the Agency.
``(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 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 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 Energy and Commerce of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate 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.
``(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) 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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