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(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) of this section.
(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) of
this section.
(C) Duties
The duties of the Office shall be as follows:
(1) To provide information on the benefits available under this part and
on the requirements and procedures applicable to the provision of such
benefits.
(2) 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.
(3) To carry out such other duties with respect to this part 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.
(E) Annual Report
(1) Not later than February 15 each year, the Ombudsman shall submit to
Congress a report on activities under this part.
(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 during the preceding year.
(b) An assessment of the most common difficulties encountered by
claimants and potential claimants under this part during the preceding year.
(3) The first report under paragraph (1) shall be the report submitted
in 2006.
(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) Sunset
Effective on the date that is 3 years after October 28, 2004, this
section shall have no further force or effect.
From the Defense Authorization Act for Fiscal Year 2005, Public Law
108-375, codified at 42 U.S.C. § 7385s-15 and signed into law on October
28, 2004.
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