tion with claimants or claimant advocates, worker 
compensation experts, and members of the advisory 
committees to Federal agencies implementing this 
title, from among individuals with at least one of the 
following qualifications: 
‘‘(A) Experience or training as an advo-
cate. 
‘‘(B) Training as a health care provider 
with knowledge of occupational illness and dis-
ease. 
‘‘(C) Experience in assisting claimants 
with worker compensation claims. 
‘‘(2) REMOVAL.—The Secretary of Labor may 
remove the Ombudsman for just cause and shall, in 
such a case, communicate to the Congress the cir-
cumstances forming the basis of such just cause. 
‘‘(c) DUTIES.—The duties of the Ombudsman are as 
follows: 
‘‘(1) To direct the operations of the Office. 
‘‘(2) To report to the Secretary of Labor with 
respect to the activities of the Office. 
‘‘(3) To assist claimants under this title with 
claims filed with the Department of Labor or the 
Department of Energy.
‘‘(4) To receive and investigate complaints or 
inquiries regarding the status of a claim under this 
title. 
‘‘(5) To provide claimants under this title with 
contacts at agencies with responsibilities under this 
title. 
‘‘(6) To offer informal advice on options avail-
able to claimants under this title. 
‘‘(7) To identify whether claimants under this 
title are encountering systematic difficulties or 
delays with respect to claims under this title, and to 
make recommendations for improvement, with re-
spect to such claims, in speed, equity, fairness, or 
compliance with statutes and regulations. 
‘‘(8) With respect to individuals filing com-
plaints or requests for information under this title—
‘‘(A) to respond within 30 days after re-
ceiving such a complaint or request; 
‘‘(B) to maintain reasonable communica-
tion with the individual until the matter is re-
solved; and 
‘‘(C) to maintain, as confidential and privi-
leged, the identity of the individual, unless such 
confidentiality or privilege is otherwise waived.
‘‘(9) To maintain and publish a telephone num-
ber, facsimile number, electronic mail address, and 
post office address for the Office. 
‘‘(d) LIMITATION.—The Ombudsman may not re-
verse or make decisions regarding any claim under this 
title. 
‘‘(e) AUTHORITY.—The Ombudsman is authorized to 
carry out the following activities: 
‘‘(1) Investigate questions regarding a claim 
under this title, or procedures or systems for proc-
essing such claims, with the offices of the Depart-
ment of Energy, Department of Labor, and Depart-
ment of Health and Human Services (including the 
National Institute for Occupational Safety and 
Health), and any contractor of any such department, 
that has responsibility under this title. 
‘‘(2) Contract for expert advice with respect to 
the Ombudsman’s responsibilities under this title. 
‘‘(3) Access any material relating to a matter 
under investigation under paragraph (1). 
‘‘(4) Request explanations from any Federal 
agency with responsibilities under this title about the 
activities of that agency under this title. 
‘‘(5) Enter and inspect places in order to carry 
out an investigation under paragraph (1).
‘‘(6) Refer any matter within the responsibility 
of the Ombudsman to an appropriate inspector gen-
eral. 
‘‘(f) COOPERATION WITH FEDERAL AGENCIES.—
Federal agencies and the officials responsible for the im-
plementation of this title shall assist the Ombudsman in 
carrying out this section and shall promptly make avail-
able to the Ombudsman all information requested by the 
Ombudsman. The Ombudsman shall cooperate with such 
agencies and officials. 
‘‘(g) COORDINATION.—The Ombudsman shall coordi-
nate the activities of the Office with the activities of the 
Secretaries of Energy, Health and Human Services, and 
Labor in carrying out this title. Such coordination shall 
be carried out pursuant to memoranda of agreement en-
tered into among and between the Ombudsman and such 
Secretaries. 
‘‘(h) ANNUAL REPORT.—Not later than January 1 
of each year, the Ombudsman shall submit a report on 
this title to the President, the Congress, and the Secre-
taries of Energy, Health and Human Services, and Labor. 
No official outside the Office may require such outside of-
ficial’s approval before submitting the report. The report 
shall contain the following:
‘‘(1) The number and types of complaints, 
grievances, and requests for assistance received by 
the ombudsman in the previous year. 
‘‘(2) Identification of the most common difficul-
ties encountered by claimants under this title. 
‘‘(3) Recommended changes to the administra-
tive practices of the Federal agencies with responsi-
bility under this title. 
‘‘(4) Recommended legislative changes that may 
be appropriate to mitigate problems with the imple-
mentation of this title. 
‘‘(i) PUBLICATION.—The Secretaries of Energy, 
Health and Human Services, and Labor shall publicize the 
availability of the services of the Office. 
‘‘(j) SEPARATE LINE ITEM.—The budget of the 
President under section 1105(a) of title 31, United States 
Code, shall include funding for the Office as a separate 
line item. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$800,000 for each of fiscal years 2003 through 2007.’’. 
(b) INITIAL APPOINTMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Labor shall appoint the Ombudsman required by sec-
tion 3654 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (as added by sub-
section (a)). 
(c) MEMORANDA OF AGREEMENT.—Not later than 
90 days after the date of the enactment of this Act, the 
Ombudsman shall enter into the memoranda of agreement 
required by such section 3654 (as added by subsection 
(a)).
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