2022 Chief FOIA Officer Report - Solicitor of Labor/DOL Chief FOIA Officer Report

Adjudicatory Board staff participated in DOL quarterly FOIA briefings. However, due to the circumstances surrounding the pandemic, the lead Coordinator did not have an opportunity to engage in formal FOIA training during FY 2021.

100%

Bureau of Labor Statistics FOIA staff attended trainings from DOL for FOIAXpress, DOJ OIP trainings, and the annual ASAP FOIA conference.

BLS FOIA professionals attended OIP trainings on Exemption 4, 5 and 6. They also attended trainings on the Privacy Act.

100%

Employee Benefits Security Administration staff participated in several of the Department of Justice's FOIA training offerings this fiscal year, including the Chief FOIA Officer Report, Procedural Requirements, and Fees Workshops.

The FOIA Coordinator, in conjunction with the EBSA FOIA Team, provided in-house FOIAXpress, ad-hoc coordinator responsibilities, small groups by office, one-to-one individual assistance, and all-inclusive coordinator "How-to" training sessions.

The FOIA team also sponsored a training that included the Office of Enforcement, OEA, and SOL which addressed regional questions on applying exemptions 5, 6, and 7(A) and (C) to investigative records and offered another FOIAXpress training module to the Regional Associate Directors, Deputy Directors, the National Office Directors, and the nation-wide FOIA coordinators. The majority of the EBSA FOIA personnel attended this session.

90%

The Employment and Training Administration FOIA Coordinator conducted introductory through advanced FOIA training for both new and existing agency personnel. Various small group and individual training sessions were conducted on multiple FOIA-related topics, including fees, redactions, processing, discretionary disclosures, denials, and applying exemptions. Additionally, extensive hands-on training was held on the Department's tracking software, FOIAXpress.

ETA's FOIA Coordinator also participated in multiple DOJ-sponsored trainings, including those focused on virtual FOIA processing, exemption statutes, and fee collection.

The Office of Foreign Labor Certification (OFLC) personnel attended trainings on the requirements of Exemption 4, certain commercial and financial information, and the submitter-notice process for exemption determinations. It also provided an overview of Exemption 5, which incorporates civil discovery privileges into the FOIA. Senior FOIA personnel in OFLC also attended DOJ's Virtual Privacy Considerations Workshop, which covered the interface between the FOIA and the Privacy Act and FOIA Exemptions 6 and 7(C).

The FOIA coordinator for the Office of Workforce Investment (OWI) attended the Introduction to the Freedom of Information Act training provided by DOJ.

90%

The Bureau of International Labor Affairs FOIA Coordinator attended various FOIA meetings and trainings in 2021 conducted by SOL and DOJ's Office of Information Policy OIP. These trainings sessions included: Quarterly SOL FOIA Trainings, FOIAXpress trainings, Annual FOIA Report training, FOIA Litigation Seminar November 10, 2021, and all SOL Quarterly Coordinator briefings

100%

Mine Safety and Health Administration FOIA Coordinators attended DOL Quarterly FOIA meetings that covered a variety of topics.

FOIA trainings were held with MSHA FOIA Coordinators in headquarters and district offices to provide an overview of the MSHA FOIA program. The topics covered were processing of FOIA requests from receipt by the agency to final response to the requester, overdue reports, use of FOIA exemptions, FOIA database, fees and waivers, appeals process, records management, coordinating FOIA requests within multiple program areas, backlog reduction, and general challenges in FOIA processing.

All new FOIA Coordinators participated in on-line training including FOIA eLearning Professional Training and FOIA eLearning Employees Training. These courses covered procedural requirements, FOIA processing start to finish, and Exemptions overview.

FOIA Coordinators attended the following trainings provided by DOJ: Introduction to the Freedom of Information Act; Exemption 4 Workshop; Privacy Considerations; Annual FOIA Report Refresher and Quarterly Report; Chief FOIA Officer Report; Litigation Seminar; Best Practices Workshop; Freedom of Information Act for Attorneys and Access Professionals; FOIA Training on Exemption 1 and 7; Continuing FOIA Training; Procedural Requirements and Fees Workshop. New FOIA Coordinators also attended FOIA eLearning Professional Training and FOIA eLearning Employees Training.

100%

The Office of Administrative Law Judges Senior Staff Attorneys and the FOIA Disclosure Officers have taken virtual training through the DOJ Office of Information Policy, or a LearningLink FOIA refresher course.

100%

The Office of the Secretary for Administration and Management conducted quarterly FOIA coordinator meetings and training, as well as ad hoc training on various FOIA subjects (i.e., exemptions, properly closing FOIAs, tolling FOIAs, etc.)

The types of trainings that were attended: DOJ Annual FOIA training, FOIA for Beginners: Artificial Intelligence for FOIA, and the Virtual Litigation Workshop in 2021.

100%

The Office of the Assistant Secretary for Policy FOIA Coordinator attended refresher FOIA Training provided through the Department's LearningLink website and took advantage of the self-paced FOIAXpress training videos.

OASP staff also attended the following virtual training offerings from DOJ through the Office of Information Policy (OIP), including: Introduction to FOIA; Privacy Considerations Workshop: Exemption 1 and Exemption 7; Workshop: Continuing FOIA Education; Procedural Requirements and Fees Workshop; and the Chief FOIA officer Report Training

100%

The Office of the Chief Financial Officer FOIA staff attended DOL quarterly briefings.

100%

The Office of Congressional and International Affairs FOIA staff attended DOL Quarterly FOIA briefings and attended the following training classes offered by the DOJ's Office of Information Policy: Litigation Update; Procedural Requirements; and Fees.

33%

The Office of Disability Employment Programs obtained a new FOIA Officer in March 2021. Shortly after her appointment, she attended the following FOIA training sessions: Introduction to FOIA and FOIA Requests Start to Finish, offered by DOJ through its Office of Information Policy. The FOIA Coordinator also completed the FOIA training modules available on DOL's LearningLink.

100%

Members of the Office of Federal Contract Compliance Programs team attended online training offered by DOJ meant to apprise FOIA professionals about new issues with FOIA. The training sessions included an Advanced FOIA Seminar, Exemption 7 Workshop, and Introduction to FOIA Course.

80%

The Office of the Inspector General issued a new FOIA Directive for the purpose of outlining the FOIA responsibilities for its employees. The OIG routinely meets with program staff to provide guidance on their responsibilities related to interpreting requests, conducting record searches, and providing responsive documents.

The following list of training courses were also completed by OIG staff during this reporting period: Advanced Freedom of Information Act Seminar, Advanced FOIA Litigation Training, training sessions on Exemptions 1 and 7, 4 and 5, and Privacy Training offered by DOJ through the Office of Information Policy.

100%

Within the Office of Labor Management Standards, the FOIA Coordinator, Chief of the Director of Interpretations and Standards, and a Policy and Law Advisor attended the Advanced Freedom of Information Act Training offered by DOJ through the Office of Information Policy.

100%

Office of Public Affairs FOIA staff has attended a virtual FOIA Refresher and Quarterly Report training.

100%

Within the Office of the Secretary FOIA training was provided via new employee orientation, email, and person-to-person.

OSEC FOIA staff attended quarterly FOIA briefings and participated in FOIAXpress and Electronic Document Review (EDR) training sessions.

90%

The Occupational Safety and Health Administration offered a three (3) and four (4) day FOIA training series. The days were an overview of FOIA and FOIA processing; the exemptions; FOIA determination letters; and fees and fee waivers. The four-day training included a day on digital media redaction. Some OSHA processors also attended DOJ remote training.

80%

Office of Workers' Compensation Programs FOIA staff attended DOL's quarterly FOIA briefings held by the OIS.

100%

The Office of the Solicitor regularly provides and offers training to its DOL agency partners and is planning a comprehensive virtual FOIA training conference for 2022.

SOL maintains an internal DOL website that provides various helpful FOIA resources for DOL agency components to review and that includes guidance regarding FOIA best practices, an updated DOL National FOIA directory, as well as prerecorded video modules regarding the Department's FOIAXpress case management system.

All designated FOIA contacts can view the online training modules. In addition, several SOL FOIA contacts have participated in training that was provided by DOJ's Office of Information and Policy, the American Society of Access Professionals, as well as the Department's LearningLink e-training modules.

100%

The Veterans Administration fosters and promotes FOIA training opportunities that are made available to DOL.

FOIA professionals and staff responsible for redacting and processing FOIA requests are required to attend a minimum of one course per year as refresher training on FOIA exemptions.

All staff with FOIA responsibilities are given time to attend all offered FOIA training and are encouraged to do so. VETS FOIA responses reflect this training. The following FOIA sessions have been attended by VETS staff: Exemption 4 and Exemption 5 Workshop; Exemption 1 and Exemption 7 Workshop; Freedom of Information and Privacy Acts Training through the Graduate School USA; SOL/OIS Quarter FOIA Coordinators Meetings; and DOL FOIAXpress Training.

91%

Women's Bureau FOIA personnel utilized the DOL LearningLink one-stop portal on-line library and e-Training solution, which provides access to training programs and services to complete online the FOIA e-Learning Professional Training modules, as well as an in-depth course specifically designed for FOIA professionals, addressing all of the major procedural and substantive requirements of FOIA.

WB staff utilized DOL's internal LaborNet to review pre-recorded videos that contain segments of sessions that were from prior DOL FOIA training conferences.

Participated in DOL FOIA briefings covering best practices, administrative and procedural guidance to FOIA reporting, backlog reduction plans, and FOIA administrative process.

100%

The Wage and Hour Division FOIA Team has subscribed to the DOJ Office of Information Policy training listserv and attends regular training sessions offered by this office.

There are also regular internal FOIA training sessions offered by the WHD FOIA Team for agency leadership.

The following is a list of additional training that was taken by WHD staff: Virtual Best Practices FOIA Administration during the Pandemic; the 2021 American Society of Access Professionals National Training Conference; Virtual Continuing FOIA Education Training; and the Procedural Requirement and Fees Workshop.

100%

The FOIA Coordinator for the several DOL adjudicatory Boards (ARB, BRB, and ECAB) met periodically with various "non-FOIA" professionals to discuss FOIA related issues. The FOIA Coordinator worked extensively with one Board on a particularly sensitive request that involved unusual circumstances and implementation of exemptions. FOIA-related performance standards were included in the Boards' FOIA Coordinator's FY 21 performance appraisal and FY 22 Performance Plan.

Information and guidance relative to the FOIA was typically provided to requesters through telephone communication and through email. This led to requestors being further informed about where the information sought was held, resulting in fewer FOIA submissions for standard data requests that were fulfilled outside of the FOIA process.

Through phone calls, emails, and correspondence, EBSA National and Regional Program Offices communicate with the requester community on an on-going basis to clarify questions, negotiate the scope of requests, and address fee-related questions. EBSA FOIA personnel maintain open dialogue with most "frequent requesters."

EBSA FOIA professionals participate in dialogue and outreach with the requester community through the FOIA status box, as well as through the DOL FOIA Public Liaison to address and resolve any concerns raised by FOIA requesters.

The EBSA National Office staff coordinates and tracks the FOIA obligations of the National and regional offices. These coordination efforts also include informing non-FOIA professionals of their FOIA obligations, including informing them of the LearningLink training available for non-FOIA professionals. EBSA personnel, including contractors, must complete annual training on Information Systems Security and Privacy Awareness and Records Management for Everyone.

FOIA professionals within the Employment and Training Administration engage with the requester community in several different ways.

The Office of Job Corps (OJC) provides a link with instructions on submitting FOIA requests in their promotional materials; this information is also listed on their website.

OWI receives FOIA requests from a very broad cross-section of requestors. In response, the office has made efforts to put various types of documents online. For instance, after receiving a significant number of FOIA requests for Work Opportunity Tax Credit (WOTC) certification data, OWI began publishing the data online at

https://www.doleta.gov/business/incentives/opptax/performance-reporting.

ETA's efforts include training for non-FOIA professionals, distributing memoranda on FOIA, providing FOIA updates, distributing FOIA Bulletins, and advising of FOIA training opportunities through DOJ, DOL/OIS and the American Society of Access Professionals (ASAP).

One-on-one or group briefings are held to inform personnel inexperienced with FOIA processing of the expectations, timelines, and analysis necessary to properly respond to FOIA requests.

Senior level briefings are often held on "hot" or sensitive FOIA requests.

Within the Office of Job Corps, FOIA/PA coordinators work closely with human resources and other employment/education verification companies to respond to requests for information from former students.

In the Office of Unemployment Insurance (OUI), non-FOIA professionals are advised of their obligations at the point of FOIA assignment.

The Office of Apprenticeship (OA) encourages non-FOIA professionals to attend the Department's FOIA training opportunities and internal component trainings.

To ensure the implementation of the presumption of openness is applied correctly, ETA's OFLC identifies records, which have caused or may cause concern regarding disclosure, and provides an immediate opportunity for the Subject Matter Expert (SME) to articulate foreseeable harm as a part of reviewing the records. When there is no articulation of such harm, openness prevails as there is no reason to protect the documents from disclosure. OFLC also proactively releases redacted versions of employer applications, performance data, and annual statistics for labor certifications and labor condition applications in advance of FOIA requests. These proactive releases assure the application of openness.

ILAB continues to utilize its shared drive and email correspondence to connect on FOIA requests. ILAB has labeled folders on the shared drive and set up drives with the program offices to distribute redactions responses, incoming documents, and edits.

The agency is committed to assisting in training with the non-FOIA professionals and new incoming employees. ILAB provides training for all staff on FOIA through LaborNet and the Coordinator sends out information about DOJ OIP FOIA training as well as all DOL FOIA training opportunities. The ILAB FOIA coordinator disseminates information about upcoming events, training opportunities, and other relevant information with ILAB colleagues. ILAB's FOIA coordinator also consistently met with ILAB staff and leadership to explain the FOIA process.

MSHA FOIA professionals are making a concerted effort to establish a line of communication early on with the requester community upon receipt of a FOIA request to make the process work better for all parties involved. The outreach/dialogue included contacting requesters by email or phone to discuss clarifying or narrowing the scope of their initial request, provide status or interim updates on the progression of processing requests, follow-up to see if they were still interested in receiving the records, and provide fee estimates.

FOIA Coordinators routinely provided requesters with relevant information to guide them through the FOIA process. Requesters were informed of the approximate time needed to complete the request, opportunities to reformulate requests, and any notifications, such as the request's referral, rerouting, or delays.

For example, MSHA received a request for "as much information possible for all mine sites in Texas." MSHA's Program Evaluation and Information Resources (PEIR) office actively worked with the requester to determine what specific information the requester was seeking (e.g., mine location, production, violations) and whether the request included all mines or only active mines. This proactive outreach resulted in the requester receiving the desired information in a timely manner and saved PEIR staff time devoted to querying and reviewing data.

Another example is in general conversations with stakeholders. When stakeholders have questions regarding certain documentation, we inform them of their right to request subject information by means of the FOIA and explain the procedure by which to do it. In the past, several have been unaware of their ability to do so.

MSHA FOIA Coordinators also direct requestors to data publicly available on MSHA's website if publicly available information will sufficiently respond to the request. These interactions helped ensure that FOIA requests were responded to in the most efficient and timely fashion.

MSHA's FOIA Officer regularly communicates with MSHA management to discuss their obligations under the FOIA. This includes meetings, emails, and training on relevant FOIA topics (i.e., maintenance of records). Non-FOIA professional program staff are notified of upcoming FOIA training events and LearningLink training, and non-FOIA professional staff are encouraged to participate and cross-train on the FOIA process. Non-FOIA professionals and Subject Matter Experts have been given guidance on their obligation of knowing what records are subject to the FOIA, how to conduct a proper search for responsive records, and how to evaluate records on whether they can be disclosed under discretionary disclosure.

FOIA Coordinators participated in FOIA meetings where the "presumption of openness" is emphasized. All FOIA requests are processed by ensuring that "presumption of openness" is applied. FOIA Coordinators consulted with MSHA's FOIA Officer and SOL to discuss responsive documents and obtain guidance. If needed, documents are also sent to the originating office to determine responsiveness and to confirm disclosure determinations.

OALJ conducts orientation for new judges and new law clerks. That orientation includes a session about the relationship between FOIA and administrative hearings, and what judges and law clerks should do when receiving a FOIA-related issue or assignment.

Senior leaders are routinely apprised of FOIA obligations and resources to ensure appropriate resources and staff are allocated to FOIA processing.

Within the Office of the Assistant Secretary for Administration and Management, as multiple requests are received, liaisons reach out to the requester personally regarding scope and need. OASAM'S webpage has become a resource for both DOL and other federal agencies, the public, and the media for frequently sought-after information.

The OASAM FOIA coordinator is often required to provide guidance to requesters on the proper procedures for submitting FOIA information requests. Regularly, OASAM receives requests for old documents that have been dispositioned and are no longer maintained by DOL, such as personnel related folders. When the request is received from lawyers or other third-party representatives, the response requires a full explanation of the process on transferring Official Personnel Files (OPFs) to other agencies or facilities. After standardizing the response and providing clarification to numerous requests, the questions have greatly diminished the exchange between OASAM and the requester when a response of "no records" is provided.

As incoming FOIAs are assigned to programs, the program staff frequently require assistance gathering, reviewing, and redacting the responsive information, and/or responding to or communicating with the requester. While the staff are not FOIA professionals, they have learned the significance of the FOIA request timeframe requirements. Our interactions and response times are continuously decreasing as many more program staff are becoming aware of the FOIA program and obligations through our diligent outreach efforts. Non-FOIA professionals attend OASAM's quarterly meeting, and they have also been directed to FOIA training for all DOL employees through the Agency's LearningLink website.

OASP engages with the requestor community, in coordination with SOL/OIS, on a case-by-case basis when clarifying and finalizing certain FOIA requests.

The OASP staff are provided guidance regarding their obligations under the FOIA. It is a normal procedure and best practice to provide instructions on how to conduct a reasonable search when staff receive a FOIA request, including documenting their search, documenting search terms used, and adhering to search response time limits.

The OCFO FOIA Team informs SMEs of FOIA requirements and their responsibilities upon request or when they are involved in a records request, as appropriate. All OCFO employees are required to take Records Management training annually. OCFO defers to SOL on providing FOIA-specific training.

OCFO's intra and internet websites are updated regularly with relevant reporting and an invitation to submit comments and questions. DOL-OCFO has been publishing and regularly updating its FOIA Logs on DOL.gov since 2020.

There was no formal outreach, but all OCIA employees are instructed to preserve all work-related emails and, as a result, we can send and compile responsive information from these emails/communications when it is requested.

ODEP conducted outreach to requesters as determined appropriate.

OFCCP discussed FOIA requirements with Regional Directors during each of its Quarterly Senior Leadership Meetings in FY 2021.

The OIG is a small agency with one FOIA Officer, supported by a FOIA contractor(s), who conducts individual routine outreach and dialogue via email, mail, and phone with the requester community to manage the FOIA workload, which includes unusual and complex cases. The DOL OIG FOIA office conducts outreach where the request is complex, and the response will be overdue because of the complexity and/or volume of material awaiting review. OIG has provided details about how information is maintained to help the requestors reframe the request so that a thorough search can be made for the responsive material. For example, requestors commonly seek the complete investigative file, which may involve a large volume of material. This office reaches out to requestors to consider narrowing the scope of the request to the investigative closing report, which might provide them with the most amount of condensed information that they are seeking. This dialogue has led to requestors' better understanding of the volume and complexity of FOIA requests received by the OIG.

FOIA briefings are provided via teams and in writing depending on the context of the meeting. The OIG staff is routinely instructed via email to promptly respond to FOIA communications received from the FOIA Officer. Because the OIG is a small office, the request is assigned for search via email providing detailed instructions on the request, the search, documentation needed, and the response deadline. The FOIA office also meets with staff to clarify instructions for complex requests, address various issues, and answer questions.

The FOIA Officer provided two briefings to the Counsel to the Inspector General (CIG). The CIG was briefed via meeting and in writing with an outline of the major FOIA activities, initiatives, expectations, resource needs, and the challenges facing the FOIA office. Another briefing to the CIG outlined the FOIAXpress project goals and milestones. Individual briefing meetings were held with three OIG component heads and their staff. These briefings covered the new FOIA process and component responsibilities, as well as FOIA matters related to their component. Those components included the Office of Investigations, the Office of Congressional and Public Relations, and the Office of Legal Services. Further, each component reviewed and approved the new Inspector General FOIA Directive, which outlines the FOIA responsibilities for Agency employees.

The OIG FOIA Office routinely releases all discrete pieces of information that the FOIA requires. The OIG has published more information on its website, such as the host of information related to OIG's Pandemic response efforts with regard to audits and investigations. The link to this information is available on the OIG FOIA website. The FOIA office has also encouraged OIG staff, when possible, to write sensitive audit reports in such a way that they do not include FOIA sensitive information and can be published on the OIG website without disturbing the integrity of the audit report.

OLMS's outreach and/or dialogue with the requester community or open government groups is comprised of access to extensive public information regarding our administration of the FOIA. We believe that our maintenance of this website contributes to the general public's submission of proper and clear written FOIA requests that are made by the correct means. Only a negligible portion of the 2021 requests required clarification, narrowing, or were submitted by improper means in 2021. However, there have been many FOIA requests for Labor Management reports that are subject to our proactive release of frequently requested documents. These records are maintained in our public disclosure page on our website. Our online FOIA instructions direct requests of this nature to www.unionreports.gov. We considered clarifying our online instructions for submitting proper requests.

OLMS continually updates its Online Public Disclosure room with new records. Inquiries for these records may arrive outside of FOIA and are handled daily with timely responses to emails to our posted contact OLMS-Public@dol.gov. OLMS also discloses Agency determinations, FOIA Reports, compliance resource materials, and records of claims, landmark decisions, and rural transit grants related to its transit employee protections program. See http://www.dol.gov/olms.

Briefings were provided to senior leaders by the FOIA Team as requested, on an as needed basis. The discussions included PowerPoint presentations and resource materials followed with a Q&A session.

The Occupational Safety and Health Administration's requester community is highly diverse, including media, individual requesters, unions and employers. OSHA does substantial outreach with individual requesters. Frequent requesters often call OSHA prior to filing their FOIA requests and OSHA works with them to structure the requests to keep fees, if any, low, and keep the processing time as short as possible.

OSHA leadership is briefed weekly on OSHA FOIA matters. More frequent updates are provided as the need arises. OSHA's FOIA training was open to all its managers. OSHA Office of Communications (OOC) routinely works with senior managers whose FOIA staff are working on requests of unique sensitivity.

The agency discusses the presumption of openness, foreseeable harm, and recent court holdings as part of its FOIA training.

The Office of Workers Compensation Programs, Division of Energy Employees Occupational Illness Compensation (DEEOIC) held ten Outreach Webinars with EEOICPA Stakeholders in which DEEOIC officials discussed Energy Employees Occupational Illness Compensation Act (EEOICPA)-related issues, including at least one Outreach Webinar presentation concerning DEEOIC's new enhanced website. The website includes a Public Reading Room with information on Proactive Disclosure, FOIA, and Privacy Act request processing matters.

Within OWCP, the DEEOIC Branch of Outreach and Technical Assistance (BOTA) has conducted DEEOIC staff training on Privacy Act request matters via a WebEx presentation. The WebEx presentation was provided to the DEEOIC Field Office and National Office staff and, in part, addressed the DEEOIC District Offices' and the Final Adjudication Branch (FAB) offices' responsibilities to forward FOIA requests to BOTA for FOIA request processing. DEEOIC Management Officials at the National Office routinely stress that their work is subject to FOIA. Additionally, District Office and Final Adjudication Branch staff are required to forward all FOIA requests to FOIA Specialists in BOTA.

Within OWPC, DEEOIC Management Officials routinely support and encourage the uploading of DEEOIC policy guidance and other significant program documents to the DEEOIC website under the Public Reading Room or under other sections of the DEEOIC website in compliance with FOIA Section (a)(2) concerning proactive disclosures.

The SOL MALS Division provided FOIA outreach through its participation in FOIA overview training to non-FOIA professionals, paralegals, new attorneys, and supervisory training.

Additionally, the Department's FOIA Public Liaison reached out to several requesters on behalf of the Department and various agency components to discuss the scope of FOIA requests that required either consolidated or coordinated treatment due to either the volume or complexity of the requests.

Pursuant to FOIA Exemption 4 and Executive Order 12600, we conduct outreach to our non-government customers/clients when information they have submitted to us is the subject of a FOIA request our agency received. VETS is required to notify submitters and solicit their feedback. VETS staff provide guidance and advice to our clients of their obligations under this order and the FOIA process as it relates to their information/data.

VETS also conducts outreach to FOIA requesters in an effort to (1) offer the requester an opportunity to narrow the scope of their request; (2) seek clarification of their request; (3) provide details concerning the circumstance(s) that may prevent timely processing of their request; (4) advise requesters of how their FOIA requests could be consolidated or how they could reduce charged fees by altering their request; and (5) propose, recommend and/or negotiate an alternate time frame for processing the requester's original FOIA and/or to modify it.

VETS has a standing meeting to discuss the Uniformed Services Employment and Reemployment Act (USERRA) and Veteran's Preference with leadership, senior investigators, and regional investigators. In these meetings, "on the job training" is provided, including references to FOIA exemptions. (The majority of VETS FOIA requests are USERRA related). In addition, VETS staff hold phone discussions with employers at least in 20 percent of the cases during a reporting year.

On a monthly and annual basis, VETS provides training and briefings to non-FOIA staff through Regional Compliance Calls and trainings where FOIA matters are regularly discussed. Senior Leaders are present in these calls and receive the briefings.

The Women's Bureau continued to ensure customer engagement through communications responsive to requesters that included follow-up emails and/or phone responses and FOIA-related guidance and information. WB also continued to maintain links to FOIA guidelines and processes on its website.

WB (FOIA Coordinator) developed a comprehensive one-stop WB FOIA Resource and Information Toolkit updated and distributed annually. Ad-hoc staff provide supplemental FOIA training materials to enhance knowledge of FOIA and FOIA processes; FOIA reporting; and address FAQs. The WB FOIA Toolkit was made available electronically and via WB SharePoint to all agency staff.

In addition to the WB Toolkit, new agency employees, including WB senior leaders, were briefed on FOIA upon onboarding.

The agency provided FOIA resource links, guidance, and information on available FOIA LearningLink training available via the DOL LaborNet.

WB maintains updated Web links to WB, DOL, and DOJ FOIA websites regarding FOIA policies and guidelines to ensure information is readily and publicly available on WB's FOIA Webpage.

WHD FOIA staff and leadership frequently interact with external stakeholders and explain the agency's FOIA process.

FOIA professionals communicate via meetings and email regarding FOIA and offer advice pertaining to FOIA program implementation. WHD senior leadership is also briefed on agency FOIA policies, as well as other FOIA issues.

79.44

Periodically, the Adjudicatory Boards' FOIA Coordinator performed an analysis of the Boards' FOIA log to determine trends and compliance with FOIA and Departmental metrics.

BLS has updated internal SOPs. BLS reviews the SOPs annually and revises them as necessary.

BLS has a webpage for Privacy Act requests. We link to this page in the FAQ section of the BLS FOIA public-facing website. We include instructions on how to submit a first-party request in the BLS FOIA FAQs and link to the DOL system of records public-facing website.

BLS conducted an ongoing self-assessment throughout the fiscal year. All BLS FOIA staff attend a standing weekly FOIA meeting. There are only four staff members at the BLS that work in FOIA as one of their primary work assignments, so a weekly meeting is an appropriate means to keep everyone informed. At this meeting we discuss ongoing FOIAs, upcoming FOIA training opportunities, updating processes, and other FOIA-related topics.

EBSA National Office performed FOIAXpress audits in the 3rd and 4th quarter to ensure FOIA tracks were accurately recorded and made multiple corrections to mark requests in the proper track category.

While the Employment and Training Administration does not have an updated FOIA SOP, components of ETA do. For example, OFLC has a FOIA SOP that documents the processing of FOIA from intake to releasing to the requestor. This SOP is reviewed bi-annually and revised as needed.

ETA's FOIA Coordinator conducted a FOIA Self-Assessment in September 2021 utilizing the OIP toolkit. The customized reporting feature in FOIAXpress provided ETA's coordinator the data needed for evidence of the score given. This data was also used to identify areas for improvement, including fee estimation, consultations, and record search fundamentals

ETA's Office of Workforce Investment ensures that requests are assigned to a subject matter expert upon receipt and response due dates are established for 3-4 days before the expected delivery date. This allows time for review and adjustments, as needed.

Within ETA's Office of Apprenticeship (OA), FOIA personnel have reported that they are streamlining their coordination efforts between National and Regional offices regarding responses to requesters to ensure that they are providing consistent processing and communications related to FOIA disclosures. OA is also identifying ways to improve the search process, developing repositories of standard language paragraphs, and ensuring that their standard operating procedures are current and reflect the new FOIA landscape.

ILAB conducts a self-assessment monthly of all FOIA records. ILAB prints reports in FOIAXpress as well as reviews conducts second level reviews of responsive records in the systems review portals in each case. The FOIA Coordinator provides weekly updates to the Administrative Officer and the Management and Program Analyst on what FOIA cases have been closed or are pending in the FOIA queue. The FOIA Coordinator has frequent meetings with Division staff to produce documents for FOIA. ILABS's FOIA Coordinator also keeps track of all records and creates shared FOIA drive files for review that Divisions can use to make edits on redactions and responsive information.

MSHA's individual program areas are in the process of finalizing internal FOIA SOPs as they continue to review and strengthen internal processes and tracking methods. A quick reference guide for some of the software programs used is also being created to help in processing FOIA requests.

MSHA's FOIA Officer monitors pending requests and has monthly meetings as needed with agency top staff to go over upcoming FOIA issues and backlog. Hands-on training and processing lessons were provided weekly and in response to incoming FOIA requests. An electronic spreadsheet was used to track all FOIA requests and capture information including requester's name, date of request, subject matter of request, number of days to close request, and whether information was provided in full or withheld under a FOIA exemption. In addition, various audits are conducted, annual reports are maintained, several trainings are developed and delivered, and open lines of communication are sustained and encouraged.

MSHA conducts quarterly and annual certification data reviews of the FOIA database to ensure that all FOIA information has been entered, properly coded, all letters and correspondence have been uploaded, tolls are entered and closed correctly, and once completed, all requests have been properly closed out in the system.

MSHA's FOIA Officer held status meetings to answer any questions, ensure requests are handled in a timely manner, and identify any obstacles that may hinder the agency in meeting deadlines. Internal tracking logs that track FOIA requests from start to finish help keep the processing of requests organized. Weekly status meetings are held within individual program areas. Clear and frequent communication with requesters and other FOIA coordinators is also a very important practice to ensure a FOIA system that operates efficiently and effectively.

OALJ has a SOP and has conducted informal workflow self-assessments and consultations with district office FOIA personnel to ensure that the transition from SIMS-FOIA to the FOIAXpress platform has gone smoothly.

OASAM constantly strives to respond to all FOIA requests as quickly as possible. However, it continues to be difficult to grant expedited responses when the requested information is voluminous and there are limited resources from the specific subject matter areas to gather the information. Most FOIA requests are related to human resources data, contracts and grants, which require substantive data downloads, research, and lengthy redaction processes. Other requests involve extracting extremely sensitive and Personally Identifiable Information (PII) within the Office of Human Resources (OHR) files that contain voluminous documents.

In addition, with the absorption of other agencies into both OHR and the Office of the Senior Procurement Executive (OSPE), the volume of FOIA requests received by OASAM has increased significantly as additional agency numbers are now combined as one instead of reported separately. by multiple agencies. To minimize this number, FOIAs continue to be assigned through one office only and disseminated or assigned accordingly.

OASAM developed a SOP for processing FOIAs. The SOP provides step-by-step instructions so any employee can review and understand the timelines and tracking procedures for a FOIA. Training and guidance was conducted for those OASAM FOIA liaisons guiding the actual records search.

OASAM's Office of the Chief Information Officer (OCIO) has developed the Electronically Stored Information (ESI) program to efficiently search for and deliver data as requested by requestors. ESI conducts both Cloud-based and network searches. Cloud-based searches consist of e-mail and other cloud-based data. These searches are executed using e-discovery tools within Microsoft Office 365. Other searches of physical machines and other network storage are executed via the use of dtSearch software.

During FY 2021, OASP conducted a self-assessment of the following OASP FOIA Program Step: Initial FOIA Assignment Intake/Review. The self-assessment realized that an extra step in the assignment of the FOIA request within the agency takes time away from the 20-day response time mandated by the statute to process the request.

In FY 2022, the FOIA Coordinator plans to eliminate the extra step in the assignment of requests and send one overall notification of the FOIA assignment requesting an agency search of records. This will ensure that OASP Leadership is notified of the request and promote a more accurate agency count. OASP also plans to conduct further self-assessments of its initial intake and processing time procedures to improve the overall OASP FOIA Program and the maintenance of its records.

Our best practices reflect the OASP FOIA SOP for processing FOIA requests. The OASP FOIA professionals normally review and update it to ensure it is relevant to any new guidance provided by OIS and DOJ. Most importantly, OASP FOIA professionals meet to discuss all FOIA requests to clarify and answer any questions to provide guidance to our agency staff.

OCFO maintains a FOIA requests and response tracker for multiple purposes, including performance metrics. Management and the FOIA Team refer to the tracker to chart, among other things, response performance and project resource use/needs.

ODEP has plans to develop an agency SOP prior to the end of 2022.

OFCCP has an up-to-date SOP and performs weekly self-assessments where the agency reviews and tracks all open FOIA cases to see if they can be processed more efficiently.

The OIG published its new Inspector General Directive (IGD) in January 2021 entitled Procedures for Handling Requests under the Freedom of Information Act and the Privacy Act.

Most first party requests for records received by to the OIG involve investigative records and are exempt from Privacy Act access. Therefore, they must be processed in accordance with the FOIA and require redactions.

The OIG routinely conducts self-assessments and comparisons by running weekly and quarterly reports for the backlog and processed and open requests, sorted by simple and complex categories of request.

The OIG established a designated FOIA/PA office email inbox for the retrieval of incoming FOIA requests that can be accessed by more than one staff member of the FOIA group. This practice is to ensure continuous intake of FOIA requests by contractors when the FOIA Officer is not in the office.

The DOL OIG FOIA Office is implementing multiple changes to streamline and enhance the FOIA program. The changes to the program include the addition of two FOIA contractors; the purchase of the FOIAXpress system for tracking, reporting, and communicating; a group FOIA email box to ensure full coverage; a new FOIA Inspector General Directive; and interim SOPs.

Working on the major FOIA initiatives outlined above while simultaneously performing the normal FOIA intake, logging, tracking, processing, reporting and outreach is a challenge in maintaining case productivity. Each of the initiatives above are meant to facilitate an efficient FOIA program. However, these projects initially take time to complete, and the real results will not be seen until contractors are up to speed, the system migration has been completed, and the PALS interface is completed. Completion of all these efforts will contribute to the future success of the OIG FOIA program.

OLMS has an up-to-date SOP. The agency also maintains an online public disclosure room where both first parties and the public may access proactive postings. This includes contact information and instructions to email OLMS-Public@dol.gov with any questions they may have. OLMS also posts "Statements of Reasons" for election investigation agency decisions that we send to first parties. When posting, the agency redacts sensitive information regarding the complainant.

Regional staff maintain meticulous records and provide records to the FOIA Coordinator promptly. This allows the coordinator ample time to review, redact, as needed, and respond to the request. OLMS maintains and updates pre-formatted and organized templates for drafting responses, applying exemptions, and other communications, as well as a resource file of DOL and DOJ guidance on processing FOIA for ease of reference.

The Office of Public Affairs relies on the FOIA Best Practices Guide that has been provided by the SOL OIS.

OSEC has a FOIA SOP. The component posts calendars and travel itineraries pertaining to agency leadership to the dol.gov website to facilitate providing a quick response to FOIA requestors. The information is updated on a periodic basis.

OSHA has SOPs that were published in 2020 in Chapter 16 of the Field Operation Manual for Safety and Health investigations (FOM) and Chapter 23 of the Whistleblower Investigations Manual. Both chapters were reviewed by OSHA's and the Department's counsels.

During OSHA whistleblower investigations, there is a non-public sharing of records between the employer and the complainant. This sharing alleviates the need for many FOIA requests.

OSHA OOC reviews FOIAXpress tracking data for regions or offices that are having backlog issues and works with them to address the issues. OSHA also collects bi-weekly FOIA data from all offices to track backlogs.

OSHA's Directorate of Administrative Programs (DAP) suspended comprehensive audits during FY 2021. Each year, DAP selects two regional offices out of OSHA's ten regional offices for review. Beginning in November 2021, DAP plans to resume comprehensive audits of select OSHA regions and this will include a FOIA component.

DOL-SOL updated DOL's FOIA regulations in January 2017 in accordance with the FOIA Improvement Act of 2016. OWCP-DEEOIC utilizes the current DOL FOIA regulations in processing FOIA requests and complies with other DOJ-OIP and DOL-SOL FOIA responsibilities and program guidance, such as regarding proactive disclosures.

Within OWCP, DEEOIC frequently receives Privacy Act requests, submitted by individual claimants or the claimants' Authorized Representatives to obtain a copy of the claimants' EEOICPA case file record, which are maintained on the OWCP Imaging System (OIS). DEEOIC implemented a process utilizing identity proofing and multi-factor authentication that enables individual employee claimants to access the claimant's electronic case file records. DEEOIC is working to expand that capability in FY 2022 to include access for employee claimants' Authorized Representatives and will work to expand access further for survivor claimants and their Authorized Representative in future years.

The Office of the Solicitor has two primary FOIA SOP documents. The SOL SOP on FOIA Processing and the SOL SOP on Coordinated and Consolidated FOIA Requests are utilized in the day-to-day operations of the SOL FOIA program.

The SOL FOIA Coordinator routinely conducts quarterly and annual data audits of FOIAXpress to ensure that all FOIA information has been entered correctly and records have been assigned accordingly. Checks are conducted to ensure that all letters and correspondence have been uploaded, tolls are properly entered and/or ended, and all processed requests are closed.

VETS updates its FOIA SOP semi-annually and makes available on its website documents likely to be of interest to the public, including sections of operations manuals and Annual Reports to Congress. Other materials, including specific case investigative information, documents setting forth internal communications or deliberative materials, and manuals setting forth investigative processes, are necessarily withheld due to Privacy Act considerations and other standard FOIA exemptions.

The Women's Bureau assessed its FOIA program in FY 2021 to detect deficiencies and identify any areas for improvement. WB continued to utilize an internal comprehensive FOIA communication and reporting tool designed to capture monthly, quarterly, and annual performance reporting and tracking, as well ensured reconciliation of DOL Quarterly and end-of-year FOIAXpress reporting. WB will continue to assess its FOIA program, including use of other evaluation resources and tools, such as the FOIA Self-Assessment Toolkit available on the OIP Website.

The Wage and Hour Division has an active SOP and continues to focus on FOIA expedited processing.

WHD's intake specialist is flagging expedited processing requests and submitting to WHD FOIA leadership for adjudication as soon as such requests are received. The WHD intake specialist sends out responses to these requests the same day or, at latest, on the next business day.

490

The agency posts FOIA logs on the BLS public website. This is updated every quarter.

BLS measures labor market activity, working conditions, price changes, and productivity in the U.S. economy to support public and private decision making. The BLS is the principal fact-finding agency for the Federal Government in the broad field of labor economics and statistics. BLS is an independent national statistical agency within DOL that collects, processes, analyzes, and disseminates essential statistical data to the American public, Congress, other Federal agencies, State and local governments, business, and labor. The BLS provides economic releases and high-level data related to these topics on the public-facing website.

BLS is committed to providing a high level of customer service. BLS staff of experts quickly and efficiently answer questions from the public. At the top of every webpage, you'll find a link to the contact us page. The "contact us" page includes phone numbers, email, and physical addresses for national and regional statistical and information staff.

As a Federal statistical agency, BLS conducts work in an open environment. Major changes in program design, scope, or methods are discussed in advance with users and advisory committees and described in published materials. Fair information practices are used, such as maintaining the confidentiality of individual responses. Confidentiality of the information that respondents furnish is assured by protecting the microdata, combining the data reported, and issuing the findings in summary tables, analyses, and reports. BLS values cooperation with data users and consults with a broad spectrum of users of its data to make its products more useful. As part of the BLS customer pledge to the public, the Bureau promises to help users understand the uses and limitation of the data. Most of the data on information quality and methodology are available in both print and electronic form to assist the broad range of users.

The BLS Data Tools main page can be found here: https://www.bls.gov/data/tools.htm

• https://www.bls.gov/bls/blsfoia.htm
• https://www.bls.gov/data/tools.htm

EBSA's dynamic website is updated regularly with new and updated materials. See EBSA's homepage https://www.dol.gov/agencies/ebsa and note the useful "EBSA at a Glance" section, where EBSA posts new issuances and related materials to make it quick and easy to find.

EBSA also added a dedicated COVID-19 response page in the quick links on the homepage to provide an easy comprehensive page with all information EBSA has issued to provide quick assistance to workers and employers during the pandemic. This includes links to outreach that is conducted. EBSA's FOIA page is at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia.

Proactive disclosures, such as key rulemaking and their public comments, are timely posted on EBSA's Website. EBSA's public comments index page is at https://www.dol.gov/agencies/ebsa/laws-and-regulations/rules-and-regulations/public-comments.

Other proactive disclosures such as EBSA's FOIA reading room and Critical status notices are available at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia/electronic, and https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/critical-status-notices.

See EBSA's homepage https://www.dol.gov/agencies/ebsa and note the useful "EBSA at a Glance" section, where EBSA posts new issuances and related materials to make it quick and easy to find.

EBSA added a dedicated page for the COBRA premium assistance under the American Rescue Plan that was easily accessible from the hero image at the top of the EBSA Homepage as well as linked on the COVID-19 response page. The dedicated page provided plain language information for workers and employers describing how the subsidy worked and resources to help act. For workers, information was provided in 11 languages in addition to English.

Two new laws were enacted this year with related new information, guidance and rulemaking issued. EBSA quickly set up dedicated web pages for both laws (American Rescue Plan and No Surprises Act) to make the related information easy to find for those looking to understand the new provisions.

Proactive disclosures such as key rulemaking and their public comments are timely posted on EBSA's Website. See EBSA's public comments index page.

• https://www.dol.gov/agencies/ebsa
• https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia
• https://www.dol.gov/agencies/ebsa/laws-and-regulations/rules-and-regulations/public-comments
• https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/foia/electronic
• https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/public-disclosure/critical-status-notices
• https://www.dol.gov/agencies/ebsa/laws-and-regulations/rules-and-regulations/public-comments

The Office of Job Corps publishes an extensive array of information and performance data at https://www.jobcorps.gov/job-corps-reports.

In advance of FOIA requests, the OFLC publishes a variety of data and information quarterly at https://www.dol.gov/agencies/eta/foreign-labor/performance.

The OFLC also publishes redacted copies of employer job orders at https://flag.dol.gov/.

The Office of Trade Adjustment Assistance publishes TAA petitions at: https://www.doleta.gov/tradeact/taa/petitions.cfm.

The Office of Unemployment Insurance publishes information of interest to the public on its website at https://oui.doleta.gov/unemploy/performance.asp.

The Office of Workforce Investment (OWI) publishes WOTC certification data on https://www.dol.gov/agencies/eta/wotc/performance.

The Office of Policy Development Research (OPDR) has updated the research and evaluation website to post all new reports at https://wdr.doleta.gov/research/search.cfm?CFID=44789344&CFTOKEN=79473204.

ETA/OA posts five years of Registered Apprenticeship national program data and statistics on its website (accessible by the public at https://doleta.gov/oa/data_statistics.cfm). General program information and information regarding current sponsors of apprenticeship is also housed on the site.

ETA/Office of Financial Administration (OFA) discloses budget information, State Statutory Formula Funding, Quarterly State WIOA Spending Summaries, Annual State WIOA Obligation Summaries, WIOA Spending, and Obligation Rate Visualizations on its website at http://www.doleta.gov/budget/.

ETA/OFLC provides an immediate opportunity for SMEs to articulate foreseeable harm as a part of reviewing the records, which is a crucial part of ensuring the presumption of openness. When there is no such harm is articulated, openness prevails as there is no reason to protect. OFLC also proactively releases redacted versions of employer applications, performance data, and annual statistics for labor certifications and labor condition applications in advance of FOIA requests. These proactive releases assure the application of openness. This information can be found at https://www.foreignlaborcert.doleta.gov/performancedata.cfm.

ETA/OJC program promotional material refers interested public to the Job Corps website, https://www.jobcorps.gov/, which provides a link (https://www.jobcorps.gov/freedom) to a full page of FOIA information, including instructions for submitting a FOIA request.

A variety of tutorials, web trainings, and public postings throughout ETA components, in addition to the posting of FOIA SOPS, are used to ensure that the presumption of openness is being applied (see links below in Section III).

ETA Advisories are emailed upon posting to the impacted stakeholder community. Examples are available at https://www.dol.gov/agencies/eta/reports, which, in turn, takes users to a DOL ETA link. OUI proactively discloses information of interest to the public on its website at https://oui.doleta.gov/unemploy/index.asp

All distributed information is 508 compliant and websites are routinely monitored and updated. The list of common mistakes for Advisories is based, in part, on correcting information so it is more useful to the public. https://etadesktop.doleta.gov/eta-advisory-toolkit/docs/Best-Practices-and-Commn-Mistakes.pdf

The Office of Unemployment Insurance regularly updates many of its data pages providing not only a cleaner look but also a more user-friendly layout and less "drilling down". Additionally, OUI often receives requests for program-related data. This information is already publicly available on our website at https://oui.doleta.gov/unemploy/DataDashboard.asp

• https://www.jobcorps.gov/job-corps-reports
• https://www.dol.gov/agencies/eta/foreign-labor/performance
• https://flag.dol.gov/
• https://www.doleta.gov/tradeact/taa/petitions.cfm
• https://oui.doleta.gov/unemploy/performance.asp
• https://www.dol.gov/agencies/eta/wotc/performance
• https://wdr.doleta.gov/research/search.cfm?CFID=44789344&CFTOKEN=79473204
• https://doleta.gov/oa/data_statistics.cfm)
• http://www.doleta.gov/budget/
• https://www.foreignlaborcert.doleta.gov/performancedata.cfm
• https://www.jobcorps.gov/
• https://www.jobcorps.gov/freedom

MSHA has proactively disclosed accident investigation information, program policy and procedure instruction letters, program or enforcement statistics, inspection and violation history, mine data, accountability audits, and safety and health legislation and regulations.

MSHA has updated its online database, the Mine Data Retrieval System (MDRS) to make it more user friendly with publicly available datasets that the public may download. The datasets are .txt files that are available for download and updated every Friday to ensure the most up-to-date data is available. MSHA's Mine Data Retrieval System (MDRS) is located at https://www.msha.gov/mine-data-retrieval-system.

MSHA collaborates with offices both within and out of the agency to identify and produce a greater number of appropriate materials for proactive disclosures. These offices include the Office of the Assistant Secretary, records management staff, IT staff, Public Affairs, and the Office of Program Education and Outreach. Working with these offices enables MSHA to identify material that is of interest to the public, as well as determine the best method of disclosure to the public. The ability to outreach and work with a multitude of resources enables the agency to increase proactive disclosures both in quantity and quality.

The agency continues to post information on the web and periodically contacts the IT unit and other key agency personnel to determine if there are additional materials appropriate for posting on the agency's FOIA website. MSHA is continually looking for ways to expand the information posted to better serve the public and hopefully reduce the number of FOIA requests.

• https://arlweb.msha.gov/READROOM/HANDBOOK/HANDBOOK.HTM
• https://arlweb.msha.gov/REGS/COMPLIAN/PIB/PIB.HTM
• https://arlweb.msha.gov/REGS/COMPLIAN/PILS/PIL.HTM
• https://www.msha.gov/regulations/rulemaking/petitions-modification
• https://arlweb.msha.gov/REGS/COMPLIAN/PPM/PMMAINTC.HTM
• https://arlweb.msha.gov/REGS/COMPLIAN/PPLMEN.HTM
• https://arlweb.msha.gov/readroom/FOIA/AccountabilityAudits/AccountabilityAudits.asp
• https://www.msha.gov/data-reports/fatality-reports/search

The OALJ FOIA Coordinator, in conjunction with other FOIA personnel, identifies (a)(2) proactive disclosures and works with website content managers to post these on one of OALJ's proactive disclosure pages.

The Office of the Administrative Law Judges (OALJ) publishes bench books and research materials related to each of its main program areas on its website, https://www.dol.gov/agencies/oalj/.

OALJ FOIA staff collaborate with website content managers to get proactive disclosure documents posted on the website. FOIA personnel are responsible for providing the content managers with the documents to be posted and ensuring that these documents are suitable for public release, which may necessitate inputting redactions.

OALJ also posts pleadings and other documents in two high profile cases (Graham v. Credit Suisse Securities; OFCCP v. Oracle), and documents about ALJ appointments.

• https://www.oalj.dol.gov/FOIA_Frequently_Requested_Records.htm
• https://www.oalj.dol.gov/Proactive_disclosures_ALJ_appointments.html

OASAM continues to improve their websites for ease of use and accessible content. OHR is currently designing a newer website, as well as, updating their current SOPs for all to reference. OHR's FOIA-related information will also be available on OASAM's FOIA webpage.

With the new OHR website, OASAM will be able to provide more information and assistance to the public with regard to requests and where to find information provided by other federal agencies on OASAM's FOIA webpage.

OASAM Centers with webpages work constantly to maintain up-to-date information on their sites. They work collaboratively to ensure all language is uniform and accurate. OASAM Centers value users' comments and are open to new ideas that will improve service delivery and access to public information.

In addition to links for external agency sites and internal DOL sites, background information is provided so that requesters understand why they are being redirected and not receiving the requested report(s) from DOL. An understanding of the process and/or agencies involved is proving helpful.

OASAM ensures that all information posted is 508 compliant.

While OASAM receives many requests for employment information, most of the requests are for information not maintained by DOL but rather by the Office of Personnel Management (OPM).

OASAM continues to improve its websites for ease of use and accessible content. OHR's FOIA-related information will also be available on OASAM's FOIA webpage.

• https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reports/#url=Federal-Equal-Opportunity-and-Recruitment-Program
• https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reports/#url=Employment-Statistical-Reports
• https://www.dol.gov/agencies/oasam/hrc/foia

DOL-OCFO financial, audit, performance, strategic, and performance reporting are available on the OCFO website. The OCFO FOIA LOG is also available

• https://www.dol.gov/general/aboutdol#budget
• https://www.dol.gov/agencies/ocfo/foia

ODEP, through its Division of Policy Communication and Outreach, has made extra efforts to post relevant information to stakeholders during the pandemic. Examples include a dedicated landing page with materials regarding the 30th Anniversary of the Americans with Disabilities Act as well as specific landing pages for popular initiatives, such as the State Exchange on Employment & Disability and the Retaining Employment and Talent after Injury/Illness Network. In addition, the website provides weekly updates and news briefs.

• https://www.dol.gov/general/topic/disability/ada

OFCCP posts its Conciliation Agreements in its FOIA Reading Room.

Conciliation Agreements are formal agreements signed by OFCCP and the federal contractors' top officials, which outline all identified violations, and require the contractors to implement specific remedies and formally report to the OFCCP for a specified period of time.

OFCCP also posts datasets covering its projected case scheduling and historical performance information on enforcement in its FOIA Library.

OFCCP posts FAQs, technical assistance guides and other stakeholder resources at:

https:///www.dol.gov/ofccp

• https://www.dol.gov/agencies/ofccp/foia

Each of the OIG component areas routinely identify emerging issues, such as notable investigations, audits, alerts, and upcoming audit projects, and information on these issues is posted to the OIG website. The website information is routinely maintained and updated by the OIG staff.

The DOL OIG continues to post audit reports, recommendations dashboard, alert memos, and investigative summaries on the agency website.

The OIG FOIA office has collaborated with the Office of Audit to review an audit report for pre-publication release. The purpose is to identify to any portions of the report that might be FOIA exempt. The OIG FOIA office has also collaborated upon request with the Office of Congressional and Intergovernmental Affairs (OCIA) in their efforts to share legally releasable information in mutual cooperation with Congress.

OIG also created a Pandemic Response portal that contains the Pandemic Response work of the DOL OIG to include a host of information, such as Covid-related audits and investigations and reports. This portal is located on both the OIG website and the OIG FOIA site.

• https://www.oig.dol.gov//recommendationdashboard.htm
• https://www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm

OLMS continually provides proactive disclosures and updates the site to add new releases. These records are related to OLMS's administration and enforcement of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The records include Trusteeship Case Decisions; Transit Employee Protection Decisions; OLMS Director and Assistant Secretary Decisions and Orders; Form LM-2 Hardship Determinations; Frequently Requested Reports (CAP Closing Letters; I-CAP Closing Letters; OLMS Historical Enforcement Data; OLMS Annual Reports); and Statutory Program's Certification Determinations and Claims Decisions made pursuant to 49 U.S.C § 5333(b).

• https://www.dol.gov/agencies/olms/public-disclosure-room

OSEC has now provided calendars and travel itineraries for agency leadership to the dol.gov website to provide a quick response to requestors. The information is updated on a periodic basis.

Regular coordination occurs with the Office of the Chief Information Officer and SOL to ensure that documents have been reviewed, properly cleared, received certification and met all guidelines and requirements for 508 compliance prior to uploading to the agency website.

• https://www.dol.gov/general/foia/readroom

The wide variety of requesters submitting requests to OSHA results in little overlap with requests that would require proactive disclosure. However, for the limited requests received consistently, OSHA posts records on its FOIA page. For example, OSHA has historically posted all ongoing and closed safety and health inspection activity numbers and employer names through a search engine at OSHA.gov/data. Additionally, OSHA allows requesters to do keyword searches of health and safety investigations as far back as 1984, and there are other search tools that provide potential requesters the opportunity to search by state, NAICs code, time period, and Inspection Activity Number. If a potential requester can ask for an investigation by the Inspection Activity number(s), OSHA can conduct searches more easily. In some cases, the information returned from an on-line search is enough for a potential requester, particularly media, to confirm that an accident investigation is ongoing or that enforcement action was taken, such as citations and penalties.

OSHA posted weekly and now monthly COVID-19 complaint data from its safety and health and whistleblower programs. Enforcement data (and OSHA guidance materials on COVID-19) may be found in the third column here.

OSHA has several databases that are updated for the public. See www.osha.gov/ Help and Resources page. For example, OSHA provides 280 publications free of charge to the public at OSHA Publications | Occupational Safety and Health Administration. These publications can be ordered through the website or downloaded and cover multiple workplace industries and nearly 30 languages.

In FY 2020 OSHA added 10,883 updates and additions to our website.

Early in the pandemic OSHA received about a dozen requests for COVID complaint data. OSHA posted this data on its website and updates the data weekly for the requesters. The data has been updated over 30 times to date and has been cited by The Washington Post as an example of government openness during COVID.

• https://www.osha.gov/FOIA
• Coronavirus Disease (COVID-19) | Occupational Safety and Health Administration (osha.gov)

During FY 2021, the DEEOIC proactively disclosed and posted records on the DEEOIC Public Reading Room webpage, which include:

EEOICPA Actuarial Report – EEOICPA Estimate of Liabilities;

DEEOIC's Response to DOL Ombudsman's Report; and

EEOICP Summary Statistics, on a monthly basis.

The web-link for the DEEOIC FOIA Public Reading Room is:

https://www.dol.gov/agencies/owcp/energy/regs/compliance/efoia.

Beyond posting previously requested types of records to the DEEOIC Public Reading Room, DEEOIC uploads other important DEEOIC-EEOICPA materials to other sections of the DEEOIC website that are helpful to EEOICPA Stakeholders, such as the most current updated Federal EEOICPA Procedure Manual, EEOICPA Final Bulletins, and EEOICPA Final Circulars under EEOICPA Laws and Internal Procedures (https://www.dol.gov/agencies/owcp/energy/LawsandInternalProcedures ). DEEOIC Outreach Webinar materials are posted under Past Events at https://www.dol.gov/agencies/owcp/energy/regs/compliance/Outreach/PastEventsWeb.

• https://www.dol.gov/agencies/owcp/energy/regs/compliance/efoia

SOL has an on-line "Brief Bank" in which several legal briefs and opinions were posted during FY 2021.

• www.dol.gov/agencies/sol/briefs

Documents proactively posted by the Veterans Administration:

VETS used its main public website –to proactively post information on:

• News and Updates:
• VETS-4212 Filing Season:
• HIREVets Award Recipients:
• Monthly Unemployment Data:
• USERRA Annual Report to Congress:
• Military Spouse Legislation:
• TAP contract information:
• Award notifications for the Homeless Veterans Reintegration Program:

FAQS AND OTHER DATA POINTS: -

• https://www.dol.gov/agencies/vets
• https://www.dol.gov/agencies/vets/resources/news
• https://www.dol.gov/agencies/vets/programs/vets4212
• https://hirevets.gov/
• https://www.dol.gov/agencies/vets/latest-numbers
• https://www.dol.gov/agencies/vets/programs/userra
• https://www.dol.gov/agencies/vets/veterans/military-spouses
• https://www.dol.gov/agencies/vets/programs/tap
• https://www.dol.gov/agencies/vets/programs/hvrp
• https://www.dol.gov/agencies/vets/resources/generalfaq

WHD proactively posts a host of agency documents on its publicly available website, such as Field Assistance Bulletins and Federal Register documents. Please note the following documents:

• Field Operation Handbook Chapters 10-16, 20-25, 30-33, 36, 39, 46, 64
• Field Assistant Bulletins
• Purchase Card Holders
• Federal Register Documents
• Opinion Letters

• https://www.dol.gov/agencies/whd/field-operations-handbook
• https://www.dol.gov/agencies/whd/field-assistance-bulletins
• https://www.dol.gov/agencies/oasam/grants/credit-card-officials
• https://federalregister.dol.gov/index.php/index/agency
• https://www.dol.gov/agencies/whd/opinion-letters/search

The Boards continue to use FOIAXpress, which is the Department's new FOIA case management system.

BLS has transitioned to using FOIAXpress to process requests. BLS has used FOIAXpress for redactions instead of Adobe Acrobat. We also continued to utilize share directories with our program offices for the collection and review of records to ensure receipt of all responsive records directly and improve communication regarding responsive records within BLS. Additionally, we continued the use of a shared directory and electronic sign-off system for review and signature of FOIA responses and any responsive records by our FOIA Disclosure Officer.

EBSA reviewed its FOIA website to ensure that it contains essential resources.

The national and regional FOIA staff continue to use a common drive to share FOIA records between EBSA offices for redaction purposes.

EBSA routinely uses cloud-based secure file sharing technology, including with requestors, to reduce the response times associated with the receipt of postal mail.

The Employment and Training Administration FOIA staff is utilizing FOIAXpress for request processing. ETA's FOIA coordinator provides small group and individual training to FOIA processors on the processing and reporting functions in FOIAXpress.

ILAB recently started working solely in FOIAXpress, which has been most beneficial in assisting in answering and keeping track of all requests, reports, closures, and letters. This new technology has allowed FOIA requests to be answered in a more efficient manner. The new technology can also assist in drafting response letters and looking back on previous FOIA request responses that are similar.

The agency currently uses FOIAXpress, Accellion, e-discovery, shared folders, and zip files to answer and track all requests. FOIAXpress makes it easier to create correspondence and send such correspondence to requesters and staff immediately once the responses are written. Additionally, ILAB utilizes Adobe Acrobat Pro for electronic redactions as well as electronic letterhead to send official letters.

Adobe Creative Cloud/Premiere is being used to redact photos and videos, including their audio tracks. Kiteworks is being used to securely transmit large volumes of records to FOIA requesters. MSHA continued to use FOIAXpress for its FOIA tracking system. It has provided many benefits, including greatly improving the accuracy and efficiency of FOIA processing and reporting. Meetings are held as needed to assist FOIA Coordinators in mastering the system and to discuss the administrative efficiencies that are built into the system.

In addition, MSHA's FOIA Coordinators used a shared drive to share standardized letters, responsive records for consultation, and excel spreadsheets to track overdue requests. Sharing files facilitates efficiency by organizing files and making them easier to access. MSHA's FOIA Officer consults with OCIO to conduct complex email searches.

OALJ has reviewed its technological capabilities. The agency is currently using Adobe and FOIAXpress for FOIA processing.

OASAM's OCIO has developed the ESI program to efficiently search for and deliver data as requested by requestors. ESI searches both Cloud based and network information. Cloud based searches consist of e-mail and other cloud-based data. These searches are executed using e-discovery tools within Microsoft Office 365. Other searches of physical machines and other network storage are executed via the use of dtSearch software.

The Department deployed an electronic FOIA case management and tracking system in FY 2020. The system, FOIAXpress, while still fairly new, offers an enhanced application for managing the lifecycle of requests and appeals from initial inquiry to delivery of documents, archiving, and deletion according to the agency's retention rule.

OCFO now utilizes the FOIAXpress case management system for processing FOIA requests.

OCIA is now using the Department's new FOIAXpress system for FOIA case management. Adobe Acrobat is also used by the agency.

Due to ODEP's low volume of incoming FOIA requests, the agency finds that FOIAXpress is a sufficient method in which to manage the requests received each year.

OFCCP uses FOIAXpress, SharePoint, and Adobe Acrobat to facilitate the processing of its requests. In FY 2021, OFCCP continued its implementation of its Compliance Management System, expected to facilitate records search and retrieval.

The OIG has partially migrated information from its current oracle based FOIA tracking system and folders in the shared drive to its own instance of the new FOIAXpress case management system. The new FOIA system will also include the installation and implementation of the Public Access Link. After the completion of the migration in 2022, the OIG's FOIAXpress system will go live.

The OIG Branch of Information Technology Staff created a script that automatically calculates the information for the DOL OIG Annual FOIA report that the OIG FOIA Office finalizes and submits to the Department.

OLMS FOIA personnel continues to use FOIAXpress as its FOIA case management system. The agency also updates and maintains an online feedback tool for the public regarding any information listed on the website. This includes the OLMS Online FOIA Reading Room.

The Office of Public Affairs utilizes email, e discovery, OCIO ESI Online Search, key word searches, and FOIAXpress for FOIA processing.

OSEC is now utilizing the Department's new FOIA tracking system FOIAXpress.

OSHA has begun the use of Kiteworks to transmit large FOIA files to requesters and thus minimize the need to use physical media for record delivery. OSHA has purchased new Adobe software for processing emails.

Beyond utilizing the recently implemented DOL FOIAXpress FOIA request database, the DEEOIC National Office has implemented the use of SharePoint for all our DEEOIC FOIA request processing. DEEOIC utilizes a SharePoint share-drive for the gathering of responsive records and the review of un‑redacted and redacted responsive records for the FOIA requests. This allows DEEOIC officials and staff to upload responsive emails and other records to an electronic FOIA request record central location. Through the use of a SharePoint-shared-drive, others can view the responsive records that have already been located. Uploading responsive emails and other records to SharePoint reduces the number of duplicative records and search time for others. Additionally, the DEEOIC National Office utilizes SharePoint to review draft FOIA request correspondence letters and final response determinations, which has resulted in a time-efficient clearance-review process to finalize responses to FOIA requests.

The DEEOIC National Office utilizes Adobe Acrobat software for electronic redactions of protected sensitive information, exempt under the FOIA statutory exemptions, and DEEOIC also uses Adobe Acrobat software for digital signatures, which is especially significant during extended periods of pandemic teleworking.

In addition, DEEOIC FOIA personnel communicate with FOIA requesters, via email, using the DOL Outlook Email System, and by telephone, utilizing the Interaction Desktop telephone Soft-Phone (SIP) software.

SOL utilizes various technologies to perform FOIA related duties within the agency.

The agency functioned as a business advisor to the Department regarding the recently procured and deployed FOIAXpress case management system for FOIA. The tool is being used by all 23 DOL agency components, including the SOL Appeals and Litigation Counsel areas. (See OIG entry regarding its usage of FOIAXpress)

In addition, SOL uses and manages "Relativity" as a means in which to electronically manage large document sets.

The agency also facilitates the use of Kiteworks for the transmission of large case files and electronic documents.

Adobe Acrobat is uniformly used for document sanitation and redaction methodology.

Microsoft TEAMS, WebEX and Cisco Jabber are the primary choices for the facilitation of meetings and training sessions.

VETS is currently using the following technology:

• FOIAXpress
• VCMS using Appian software

VETS seeks to make as much information publicly available as possible, seeking to use VCMS reporting capability to generate reports quickly and efficiently making them publicly available without violating Privacy Act provisions.

The Women's Bureau utilized the new DOL FOIAXpress system in 2021 exclusively to process and manage its FOIA program effectively and efficiently. The new system provides improved technology features, enhanced FOIA tracking functionality, workflow processes, reporting capabilities, ability to communicate with requesters directly, redaction functionality, and a process to apply fees in a more comprehensive and efficient manner.

WB also used technology that includes MS Word, Outlook, and FOIAXpress, etc. to efficiently manage and process FOIA requests, conduct electronic email searches, track data, and complete quarterly and annual agency and departmental reporting.

WHD staff utilize the following electronic mechanisms for FOIA processing: FOIAXpress; Relativity; and Kiteworks for large file transfers.

7,460

41.38

14,022

53%

2020

1,714

2021

1,216

13,560

1,217

9%

253

179

141%

295

175

168.5%

02-21-2014

1660

05-15-2017

1100

02-21-2014

1660

05-12-2017

1102

02-21-2014

1660

05-10-2017

1104

02-21-2014

1660

03-20-2017

1141

02-21-2014

1660

03-20-2017

1141

01-15-2014

1685

02-13-2017

1165

12-16-2011

1705

01-26-2017

1177

04-11-2013

1876

01-13-2017

1185

02-16-2013

1921

10-31-2016

1232

06-13-2016

1080

12-16-2016

1203

05-07-2016

1104

12-16-2016

1203

03-17-2016

1141

11-14-2016

1226

02-05-2016

1169

11-01-2016

1234

02-05-2016

1169

11-01-2016

1234

01-15-2016

1183

10-19-2016

1243

12-16-2015

1203

10-07-2016

1250

12-11-2015

1206

06-30-2016

1319

11-05-2015

1230

01-15-2016

1435

03-16-2020

139

N/A

02-12-2020

161

N/A

02-12-2020

161

N/A

01-13-2020

182

N/A

01-13-2020

182

04-16-2021

117

09-16-2019

204

09-16-2019

456

07-18-2019

303

07-18-2019

555

04-25-2019

361

04-25-2019

613

01-31-2019

420

01-31-2019

672