[Senate Report 107-320]
[From the U.S. Government Publishing Office]
Calendar No. 737
107th Congress Report
2d Session SENATE 107-320
======================================================================
OMBUDSMAN REAUTHORIZATION ACT OF 2002
_______
October 17, 2002.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 606) to provide additional authority to the
Office of Ombudsman of the Environmental Protection Agency,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
General Statement and Background
The 1984 amendments to the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.) first established a
National Hazardous Waste Ombudsman at the Environmental
Protection Agency (EPA) (42 U.S.C. 6917). Over time, EPA
expanded the Office of the Ombudsman's jurisdiction to include
Superfund and other hazardous waste programs managed by the
Office of Solid Waste and Emergency Response (OSWER). EPA
retained the Office of the Ombudsman within OSWER as a matter
of policy after its legislative authorization expired in 1988.
Additionally, EPA installed part-time ombudsman in each of its
regional offices.
The Office of the Ombudsman typically responds to citizen's
concerns, assists industry in complying with environmental
regulations, and handles complaints arising from the relevant
hazardous waste programs. In recent years, the Office has
played an increasingly prominent role through his
investigations of citizen complaints referred by Members of
Congress.
Asked to examine whether there are institutional barriers
to the fulfillment of the Office of the Ombudsman's
responsibilities, the General Accounting Office (GAO) issued a
report (GAO-01-813) titled ``EPA's National and Regional
Ombudsmen Do Not Have Sufficient Independence'' in July 2001.
The report found that key aspects of EPA's Office of the
Ombudsman were not consistent with relevant professional
standards. The report found that ``EPA could help ensure that
the ombudsman is perceived as independent by locating the
function outside the unit he is responsible for investigating
and by giving him control over his budget and staff
resources.'' The report also found that the lack of
independence of the regional ombudsmen should preclude their
involvement in more significant investigations, and that EPA
should reexamine these positions. Additionally, the report
recommended that the Office of the Ombudsman (1) develop
written criteria for selecting and prioritizing cases for
investigations and (2) maintain records on his investigations
and other activities sufficient to serve as the basis for a
reasonable estimate of resource needs.
Partly in response to the GAO's recommendations, in the
fall of 2001 (November 27), EPA announced the transfer of the
Office of the National Ombudsman to the Office of the Inspector
General. The transfer was challenged in Federal court by the
then National Ombudsman, but the court dismissed the claim
April 12, 2002, ruling that the National Ombudsman had not
exhausted his potential administrative remedies. The transfer
became effective on April 13, 2002, and the Office was
physically relocated on April 19, 2002. Claiming that the move
of the Office of the Ombudsman to the Office of the Inspector
General (OIG) would compromise his independence, the National
Ombudsman resigned April 22, 2002. The EPA appointed an Acting
National Ombudsman on May 3, 2002.
Objectives of the Legislation
S. 606 reauthorizes the Office of the Ombudsman and sets
funding levels through fiscal year 2012. The legislation
strengthens the Office of the Ombudsman by establishing an
independent office within EPA whose head shall be appointed by
the President and confirmed by the Senate. The Ombudsman must
not have been an employee of the EPA 1 year prior to
appointment and must have prior experience as an ombudsman in a
Federal, State, or local government entity. The National
Ombudsman reports directly to the Administrator of the EPA, but
can only be removed by the President.
It is the intent of the legislation that the Office of the
Ombudsman conform to the relevant professional standards for
establishment and operation. One such guideline is the American
Bar Association's 2001 Standards for the Establishment and
Operation of Ombuds Offices. It is expected that the Office of
the Ombudsman conform to either the ABA's standard or a similar
standard that is at least as rigorous and widely accepted.
The Office of the Ombudsman is empowered to conduct
investigations, make findings of fact, hold public hearings,
and make nonbinding recommendations to the EPA Administrator
concerning programs within the jurisdiction of the EPA's Office
of Solid Waste and Emergency Response.
The Office of the Ombudsman is required to issue an annual
report of its activities to the Congress and may issue
additional reports, conclusions, and recommendations concerning
other matters under investigation by the Office. It is the
intent of this legislation that these reports include
dissenting views either in whole, or where appropriate, in
summarized form.
Section-by-Section Analysis
Section 1. Short Title
This Act may be cited as the ``Ombudsman Reauthorization
Act of 2002''.
Sec. 2. Office of Ombudsman
This section amends the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) to restore the authorization for the Office of
the Ombudsman originally established by Congress in 1984 (42
U.S.C. 6917) to receive complaints and render assistance to any
person regarding hazardous waste programs at the Environmental
Protection Agency (EPA). This section strengthens the Office of
the Ombudsman by establishing an independent office within EPA,
specifies the duties, powers and responsibilities of the
Office, allows the Ombudsman to administer the Office through
control of the budget and staff, provides employee
whistleblower protection for any person who complies with this
section, authorizes appropriations and establishes a separate
line item in the budget for the Office. This section also
allows the Ombudsman to make recommendations directly to the
Administrator, while at the same time requiring the Ombudsman
to report annually to Congress and the President, and providing
conditions for removal of the Ombudsman.
SUBSECTION (A): DEFINITIONS
This subsection defines the term ``Agency'' as the EPA, the
term ``Deputy Ombudsman'' as individuals appointed as such by
the Ombudsman in each region of the Agency, the term ``Office''
as the Office of the Ombudsman, and the term ``Ombudsman'' as
the director of the Office.
SUBSECTION (B): ESTABLISHMENT
This subsection establishes the Office as an independent
office within EPA. The previous Ombudsman was established
within the Office of Solid Waste and Emergency Response
(OSWER), and reported to the Assistant Administrator of OSWER.
The Ombudsman was placed within OSWER because he had
responsibility for receiving complaints and rendering
assistance on programs administered by that office. However,
the Ombudsman was not truly independent because he was under
the supervision of, and his budget and resources were
controlled by, those who administered the programs he
investigated. This subsection corrects this problem and
establishes a truly independent Office of the Ombudsman at EPA,
consistent with other Federal ombudsmen and relevant
professional guidelines such as the American Bar Association
and the United States Ombudsman Association. This subsection
provides that the Ombudsman shall be appointed by the President
by and with the advice and consent of the Senate. Eligible
appointees are individuals who have experience as an Ombudsman
in a government entity, and who have not worked at EPA within 1
year of appointment. The Ombudsman serves a 5-year term and may
be reappointed one additional term. The Ombudsman may be
removed or suspended by the President for neglect of duty or
malfeasance in office, and the reasons for removal or
suspension must be communicated to Congress.
SUBSECTION (C): DUTIES
This subsection provides that the Ombudsman shall receive
complaints, grievances or requests for information from any
person relating to any program or requirement administered by
OSWER, including but not limited to the Solid Waste Disposal
Act, and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980. The Ombudsman may
render assistance, conduct investigations, make findings of
fact, and make nonbinding recommendations to the EPA
Administrator regarding these programs and requirements.
SUBSECTION (D): POWERS AND RESPONSIBILITIES
This subsection would codify and strengthen the powers of
the Office of the Ombudsman in order to provide the greatest
protection for the independence of the Office, and ensure that
the Ombudsman may carry out his duties as intended by this
section. EPA has currently placed the ombudsman function in the
Inspector General's office. According to testimony before this
committee on June 25, 2002, the Inspector General's office
requires the Ombudsman to obtain prior approval by management
to conduct a wide range of activities, such as determining
matters appropriate for investigation, or communicating with
the public, Congress and the media.
This subsection clarifies that the Ombudsman may
communicate with any person, including Congress and the press.
The Ombudsman may select and prioritize cases through the power
to investigate any action, select appropriate matters for
action, and determine the scope and manner of investigations
made by the Office as long as the case falls under the programs
or requirements outlined above in subsection (c).
The Ombudsman may also prescribe the methods by which
complaints are made, received and addressed by the Office. The
Ombudsman may determine how and when to distribute conclusions
and recommendations on matters addressed by the Office
(separate from the requirement that the Ombudsman issue an
annual report as provided in a later subsection). The Ombudsman
may request assistance from other Federal agencies and
departments, examine records and inspect properties under the
administrative jurisdiction of Federal agencies and departments
involved in a matter under OSWER. The Ombudsman may conduct
public hearings on the record in the course of an
investigation, and may issue a subpoena to obtain information
relevant to the investigation. In addition to conducting public
hearings, the Ombudsman may also engage in alternate dispute
resolution and informal processes to address citizen
complaints. The Ombudsman shall administer a budget for the
Office.
SUBSECTION (E): ADMINISTRATION
This subsection allows the Ombudsman to manage the Office
through control of the budget and personnel resources, and
places reporting requirements on the Office. The Ombudsman
shall appoint a Deputy Ombudsman in each region of the Agency,
and may hire and supervise other employees necessary to carry
out the duties of the Office. It is the intent of the
legislation that the Deputy Ombudsmen be full-time employees of
the Office of the Ombudsman. The Ombudsman may delegate
responsibilities to other employees of the Office except the
power of delegation, the subpoena power, and the responsibility
to make recommendations to the Administrator. The Ombudsman
must maintain contact information different from the contact
information of the Agency in each region to ensure that
citizens may communicate unfettered with the Office of the
Ombudsman. The Ombudsman is required to publish an annual
report on the status of complaints and cases brought before the
Ombudsman, and must submit the report to Congress, the
President, and the Administrator. The Ombudsman may also issue
reports and recommendations concerning individual matters
addressed by the Office. The Ombudsman must solicit comments
from the Agency, and must include these comments in any written
report or recommendation issued by the Office.
SUBSECTION (F): PENALTIES
This subsection clarifies that the provisions of law
relating to knowingly and willfully making false statements (18
U.S.C. 1001) and obstruction of justice (18 U.S.C. 1505) apply
to activities performed by the Office of the Ombudsman.
SUBSECTION (G): EMPLOYEE PROTECTION
This subsection ensures that the duties, powers and
responsibilities of the Office of the Ombudsman are protected
activity under Federal environmental whistleblower statutes.
This subsection provides that any employee may not be
discharged or discriminated against (with respect to
compensation, terms, conditions or privileges of employment) by
their employer for complying with any provision of this
section. Protected employees include employees of the Office of
the Ombudsman and other government employees as well as non-
government employees involved in a matter before the Office.
Any employee who believes that they have been discharged or
discriminated against for complying with this section may,
within 180 days following the violation, file a complaint with
the Department of Labor (DOL) in accordance with the procedures
established in the Energy Reorganization Act of 1974 (42 U.S.C.
5851). Many other Federal environmental statutes also have
whistleblower provisions. However, the statute of limitations
for filing a complaint tends to be 30 days, and is often too
short a timeframe for the employee to become aware of the
violation and file a complaint with DOL. The complaint
procedure established in 42 U.S.C. 5851 is considered a more
protective standard for whistleblower complaints. The case law
has consistently held that no categories of employees are
excluded, and the statute has been used effectively in recent
years by Federal and private employees, including those engaged
in Ombudsman activities.
Under the DOL proceedings, upon receipt of the complaint,
the Secretary of Labor must notify the person named in the
complaint, and conduct an investigation of the alleged
violation. The Secretary must complete the investigation, and
notify both parties of the results of the investigation within
30 days of receiving the complaint. If the parties fail to
enter settlement negotiations, the Secretary must issue an
order providing relief or deny the complaint within 90 days of
receiving the complaint. An order issued by the Secretary may
be appealed in the United States court of appeals for the
circuit in which the violation occurred. If a person fails to
comply with an order, the Secretary may file a civil action in
United States district court to enforce such order.
SUBSECTION (H): APPLICABILITY
This subsection provides that the establishment of this
section may not limit any remedy or right of appeal. The Office
of the Ombudsman may conduct activities as authorized in this
section, including activities that relate to agency actions
that under any provision of law, are final, not reviewable, or
not subject to appeal. However, in so doing, the Office does
not have any authority to change Administrative policy. The
Office of the Ombudsman is established as an ``informal''
function to resolve complaints, through powers such as the
authority to conduct investigations, conduct public hearings
and publish reports and recommendations. Recommendations of the
Ombudsman are not binding administrative action. Any person who
contacts the Office is not limited from following other
procedures concerning grievances, appeals or administrative
matters under the Solid Waste Disposal Act or any other law,
nor is the establishment of the Office intended to affect the
formal administration of any law. Subsection (i): Authorization
of Appropriations
This subsection authorizes $3 million, $4 million, and $5
million for fiscal years 2003-2004, 2005-2008, and 2009-2012
respectively, for the Office of the Ombudsman. Directs the
President to include a separate line item for the Office in the
annual budget request sent to Congress.
Legislative History
S. 606 was introduced by Senators Crapo, Allard, and Craig
on March 23, 2001 and referred to the Committee on Environment
and Public Works. The committee considered and amended the bill
in a business meeting on September 26, 2002 and ordered the
bill, as amended, reported to the Senate.
The committee held a hearing June 25, 2002 to conduct
oversight of the EPA's Inspector General Actions with respect
to the Office of the Ombudsman and to evaluate S. 606.
Hearings
On June 25, 2002, the Committee on Environment and Public
Works held a hearing to conduct oversight of the EPA's
Inspector General Actions with respect to the Office of the
Ombudsman and to evaluate S. 606, a bill to provide additional
authority to the Office of the Ombudsman of the EPA. The
committee received testimony from Senator Wayne Allard;
Representative Jerrold Nadler; EPA Inspector General Nikki L.
Tinsley; David Wood, Director, Natural Resources and
Environment, U.S. General Accounting Office; Danielle Brian,
Executive Director, Project on Government Oversight,
Washington, DC; the former EPA National Ombudsman Robert
Martin; Katherine Zanetti, Facilitator of the Shoshone Natural
Resources Coalition, Wallace, ID; and Susan Shortz, President
of Halt Environmental Lead Pollution, Throop, PA.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 606 on September 26, 2002. The committee, by
unanimous voice vote, agreed to a complete substitute amendment
by Senators Jeffords and Crapo. The committee voted favorably
to report S. 606, as amended, by unanimous voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 660 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
congressional Budget Office,
Washington, DC, October 9, 2002.
Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 606, the Ombudsman
Reauthorization Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
----------
S. 606, Ombudsman Reauthorization Act of 2002, as ordered reported by
the Senate Committee on Environment and Public Works on
September 26, 2002
Summary
S. 606 would reauthorize the Office of the Ombudsman within
the Environmental Protection Agency (EPA) and would authorize
the appropriation of $18 million over the 2003-2007 period to
support that office. The Office of the Ombudsman has been
maintained since its authorization expired in 1988 and was most
recently transferred to EPA's Office of the Inspector General.
Under S. 606, the new office would be an independent office
within EPA and the director of the office (i.e., the Ombudsman)
would be appointed by the President and confirmed by the
Senate. The Ombudsman would have the authority to investigate
citizen complaints about programs under EPA's jurisdiction and
would have control over the office's budget and staff. CBO
estimates that implementing this legislation would cost $18
million over the 2003-2007 period, assuming appropriation of
the specified amounts.
S. 606 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government
CBO estimates that implementing the bill would cost $18
million over the 2003-2007 period, assuming appropriation of
the amounts authorized for each year. For this estimate, we
assume the bill will be enacted near the beginning of fiscal
year 2003. The estimated outlays are based on historical
patterns for similar activities. The estimated budgetary impact
of S. 606 is shown in the following table. The costs of this
legislation fall within budget function 300 (natural resources
and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2003 2004 2005 2006 2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION\1\
Office of the Ombudsman:........
Authorization Level......... 3 3 4 4 4
Estimated Outlays........... 3 3 4 4 4
------------------------------------------------------------------------
\1\ EPA has not yet received a full-year appropriation for 2003. The
Office of the Ombudsman received an appropriation of about $1 million
in 2002.
Intergovernmental and Private-Sector Impact
S. 606 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments.
Estimate Prepared By: Federal Costs: Susanne S. Mehlman; Impact
on State, Local, and Tribal Governments: Susan Sieg Tompkins;
Impact on the Private Sector: Lauren Marks.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
SOLID WASTE DISPOSAL ACT
[As Amended Through P.L. 106-580, Dec. 29, 2000]
TITLE II--SOLID WASTE DISPOSAL
Subtitle A--General Provisions
short title and table of contents
Sec. 1001. This title (hereinafter in this title referred
to as ``this Act''), together with the following table of
contents, may be cited as the ``Solid Waste Disposal Act'':
Subtitle A--General Provisions
Sec. 1001. Short title and table of contents.
* * * * * * *
[office of ombudsman
[Sec. 2008. (a) Establishment; Functions.--The
Administrator shall establish an Office of Ombudsman, to be
directed by an Ombudsman. It shall be the function of the
Office of Ombudsman to receive individual complaints,
grievances, requests for information submitted by any person
with respect to any program or requirement under this Act.
[(b) Authority To Render Assistance.--The Ombudsman shall
render assistance with respect to the complaints, grievances,
and requests submitted to the Office of Ombudsman, and shall
make appropriate recommendations to the Administrator.
[(c) Effect on Procedures for Grievances, Appeals, or
Administrative Matters.--The establishment of the Office of
Ombudsman shall not affect any procedures for grievances,
appeals, or administrative matters in any other provision of
this Act, any other provision of law, or any Federal
regulation.
[(d) Termination.--The Office of the Ombudsman shall
cease to exist 4 years after the date of enactment of the
Hazardous and Solid Waste Amendments of 1984.]
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
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.
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