Senate panel strengthens EPA ombudsman post

The Senate Environment and Public Works Committee voted Thursday to reauthorize a national watchdog to investigate complaints about hazardous waste cleanups, but gave the office greater independence than before.

The legislation (S. 606) would establish an independent Office of the Ombudsman within the Environmental Protection Agency. The ombudsman would be appointed by the president and confirmed by the Senate. And for the first time, the ombudsman would have control over the office's budget and resources.

Chairman James Jeffords, I-Vt., and Sen. Michael Crapo, R-Idaho, offered the bipartisan substitute that passed on a voice vote.

"The ombudsman is more than an accountant. He's a link to our communities, a last recourse for many who can't find support or assistance for their grievances," Crapo said. "To maintain the trust of the public, however, the ombudsman needs to act without even the appearance of interference from the agency."

The committee action comes five months after EPA chief Christie Whitman transferred ombudsman Robert Martin to the agency's inspector general's office. Martin accused the EPA of stripping away his duties and independence and resigned. Martin has been critical of EPA decisions on Superfund cleanup sites. At highly publicized hearings this summer, the EPA said the move was made to increase efficiency.

Congress established the EPA ombudsman in 1984 to receive complaints about hazardous waste programs. Although the authorization expired in 1988, the EPA retained the ombudsman's office within the Office of Solid Waste and Emergency Response. A recent study by the General Accounting Office found the ombudsman lacked independence and key aspects of the office did not meet professional standards.

After his resignation, Martin filed a complaint with the Office of Special Counsel under the whistleblower protection law. Martin and the EPA reached a mediated settlement in August, but the terms cannot be disclosed, said Tom Devine, Martin's lawyer and legal director of the Government Accountability Project. Martin was "pleased with the outcome," Devine said.

The legislation passed Thursday amends the Solid Waste Disposal Act to restore authorization for the Office of the Ombudsman. The ombudsman is authorized to render assistance, conduct investigations, make findings of fact and non-binding recommendations to the EPA administrator.

The legislation also:

• Authorizes appropriations of $3 million for fiscal years 2003-2004, $4 million for 2005-2008, and $5 million for 2009-2012.
• Limits the ombudsman's duties to programs administered by the Office of Solid Waste and Emergency Response.
• Sets the ombudsman's term at five years, with a second term possible. The president may remove or suspend the ombudsman for neglect of duty or malfeasance.
• Establishes that the ombudsman reports to the EPA administrator. But the ombudsman will also make annual reports to Congress and other reports as needed.
• Requires the ombudsman to have had experience as an ombudsman in another government entity. He or she cannot have been an EPA employee for one year prior to the appointment.
• Requires the ombudsman to appoint full-time deputies in each region, instead of using shared employees. Contact information for the ombudsman in each region must be separate from the EPA to ensure unfettered communication with citizens.
• Includes whistleblower protections for individuals who provide information to the ombudsman.
• Structures the office to conform to relevant professional ombudsman guidelines, standards and practices.
• Permits the ombudsman to issue subpoenas and hold public hearings.