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Title 42, The Public Health and WelfareRelease 119-110

§7385s–15 Office of Ombudsman

Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER XVI — ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part E — Contractor Employee Compensation › § 7385s–15

Last updated Sep 22, 2026|Official source

Summary

Creates an Office of the Ombudsman inside the Department of Labor. The Office must be led by an Ombudsman chosen either from Labor Department staff or from the private sector who has the right experience. The Office must give people clear information about benefits under this part and part B, help claimants, recommend where resource centers to take and develop claims should be located, and do other duties the Secretary assigns. The Office must be kept independent from others in the Department. The Ombudsman must send a report to Congress by July 30 each year (the first report was in 2006) that lists numbers and types of complaints and describes common problems claimants face. Within 180 days after that report goes to Congress, the Secretary must send a written reply to Congress and post it online saying whether they agree with the Ombudsman and, if so, what they will do, or if not, why. The Secretaries of Labor and Health and Human Services must tell the public about the Office, and the Ombudsman must work with the NIOSH ombudsman on part B claims. Defined terms: Office of the Ombudsman — the new office at the Department of Labor. Ombudsman — the person who leads the Office.

Full Legal Text

Title 42, §7385s–15

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment
There is established in the Department of Labor an office to be known as the “Office of the Ombudsman” (in this section referred to as the “Office”).
(b)Head
The head of the Office shall be the Ombudsman. The individual serving as Ombudsman shall be either of the following:
(1)An officer or employee of the Department of Labor designated by the Secretary for purposes of this section from among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
(2)An individual employed by the Secretary from the private sector from among individuals in the private sector who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
(c)Duties
The duties of the Office shall be as follows:
(1)To provide information on the benefits available under this part and part B and on the requirements and procedures applicable to the provision of such benefits.
(2)To provide guidance and assistance to claimants.
(3)To make recommendations to the Secretary regarding the location of centers (to be known as “resource centers”) for the acceptance and development of claims for benefits under this part and part B.
(4)To carry out such other duties with respect to this part and part B as the Secretary shall specify for purposes of this section.
(d)Independent Office
The Secretary shall take appropriate actions to ensure the independence of the Office within the Department of Labor, including independence from other officers and employees of the Department engaged in activities relating to the administration of the provisions of this part and part B.
(e)Annual report
(1)Not later than July 30 each year, the Ombudsman shall submit to Congress a report on activities under this part and part B.
(2)Each report under paragraph (1) shall set forth the following:
(A)The number and types of complaints, grievances, and requests for assistance received by the Ombudsman under this part and part B during the preceding year.
(B)An assessment of the most common difficulties encountered by claimants and potential claimants under this part and part B during the preceding year.
(3)The first report under paragraph (1) shall be the report submitted in 2006.
(4)Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that—
(A)includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report;
(B)if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issues; and
(C)if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree.
(f)Outreach
The Secretary of Labor and the Secretary of Health and Human Services shall each undertake outreach to advise the public of the existence and duties of the Office.
(g)National Institute for Occupational Safety and Health Ombudsman
In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under part B.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (h). Pub. L. 116–283 struck out subsec. (h) which read as follows: “Effective
October 28, 2020, this section shall have no further force or effect.” 2019—Subsec. (c)(2) to (4). Pub. L. 116–92, § 3134(a)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (h). Pub. L. 116–92, § 3134(a)(2), substituted “2020” for “2019”. 2014—Subsec. (e)(1). Pub. L. 113–291, § 3141(b)(1)(A), substituted “July 30” for “February 15”. Subsec. (e)(4). Pub. L. 113–291, § 3141(b)(1)(B), added par. (4). Subsec. (h). Pub. L. 113–291, § 3141(b)(2), substituted “2019” for “2012”. 2009—Subsecs. (c) to (e). Pub. L. 111–84, § 3142(a)(1)–(3), inserted “and part B” after “this part” wherever appearing. Subsecs. (g), (h). Pub. L. 111–84, § 3142(a)(4), (5), added subsec. (g) and redesignated former subsec. (g) as (h). 2008—Subsec. (g). Pub. L. 110–181 substituted “
October 28, 2012” for “on the date that is 3 years after
October 28, 2004”.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 111–84, div. C, title XXXI, § 3142(b), Oct. 28, 2009, 123 Stat. 2716, provided that: “Except as specifically provided in subsection (g) of section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 [42 U.S.C. 7385s–15(g)], as amended by subsection (a) of this section, nothing in the

Amendments

made by such subsection (a) shall be construed to alter or affect the duties and functions of the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.).”

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385s–15

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110