FOR FISCAL YEAR 2001
The Department received a total of 20,222 initial
requests for records during fiscal year 2001.
The majority of these requests were received by the Occupational Safety
and Health Administration (OSHA) which received 11,130 requests. The Employment Standards Administration
(ESA) received 5,620 requests.
I. Basic Information Regarding Report
A. For questions concerning
this report, please contact Miriam McD. Miller, Co-counsel for Administrative
Law, Office of the Solicitor, Room N-2428, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, telephone
number (202) 693-5500.
B. The electronic
address for this report is on the World Wide Web at http://www2.dol.gov/dol/foia/main.htm.
C. You may obtain a paper
copy of this report by writing to Ms. Miller at the above address.
II. How to Make a FOIA Request
The Department of Labor is
organized into divisions and agencies often referred to as
"components". Within the
Labor Department, each component processes its own FOIA requests. Therefore a request will receive the
quickest possible response if it is addressed directly to the disclosure
officer for the component that a requester believes has the records.
A. The following list contains the names,
addresses, and telephone numbers of the individual agency components and
offices in the national office. Unless
otherwise specified, the mailing address for the following national office
components is as follows:
U.S. Department of Labor
200 Constitution Avenue,
N.W.
Room SL-33
Washington, DC 20210
1. Office of the Secretary of Labor, tel. (202)
693-4016.
2. Office of the Solicitor of Labor, tel. (202)
693-5500.
3. Office of the Administrative Law Judges, 800
K Street, N.W., Suite N-400, Washington, D.C.
20001-8002, tel. (202) 693-7440.
4. Office of the Assistant Secretary for
Administration and Management, tel. (202) 693-4016.
5. Office of the Assistant Secretary for
Congressional and Intergovernmental Affairs, tel. (202) 693-4600.
6. Office of the Inspector General, tel. (202)
693-5116.
7. Office of the Assistant Secretary for
Policy, tel. (202) 693-5081.
8. Office of the Assistant Secretary for Public
Affairs, tel. (202) 693-4664.
9.
Bureau
of International Labor Affairs, tel. (202) 693-4790.
10. Bureau of Labor Statistics, Postal Square
Building, Room 4040, 2 Massachusetts Avenue, N.E., Washington, D.C. 20212-0001,
tel. (202) 691-5107.
11. Employment Standards Administration, tel.
(202) 693-0296.
12. Employment and Training Administration, tel.
(202) 693-3140.
13. Mine Safety and Health Administration, 4015
Wilson Boulevard, Arlington, Virginia
22203, tel. (703) 235-1452.
14. Occupational Safety and Health
Administration, tel. (202) 693-1897.
15. Pension and Welfare Benefits Administration,
tel. (202) 693-8655.
16. Office of the Chief Financial Officer, tel.
(202) 693-6806.
17. Office of the Assistant Secretary for
Veterans' Employment and Training, tel. (202) 693-4717.
18. Office of the Associate Deputy Secretary for
Adjudication, tel. (202) 693-5032.
19. Employees' Compensation Appeals Board, tel.
(202) 693-5032.
20. Administrative Review Board, tel. (202)
693-5032.
21. Benefits Review Board, tel. (202) 693-5032.
22. The Office of Disability Employment Policy, tel. (202) 376-6200, ext.
12.
The heads of the foregoing
agencies shall make available for inspection and copying in accordance with the
provisions of the FOIA, records in their custody or in the custody of component
units within their organizations, either directly or through
their authorized
representative in particular offices and locations.
The addresses and telephone
numbers for the various regional offices are presented below. The telephone number which is listed is for
the Department's Office of Administration and Management (OASAM) for that
region. That office can provide the
requester with a more specific telephone number for the respective component
agency. Unless otherwise specified, the
mailing address for these regional offices by region, shall be:
Region I:
U.S. Department of Labor
John F. Kennedy Federal
Building
Boston, Massachusetts 02203
Telephone: (617)
565-1991
(For Wage and Hour only: Contact Region III)
Region II:
U.S. Department of Labor
201 Varick Street
New York, New York 10014
Telephone: (212)
337-2215
(For Wage and Hour
only: Contact Region III)
Region III:
U.S. Department of Labor
The Curtis Center, Suite
600 East
170 S. Independence Mall
West
Philadelphia,
Pennsylvania 19106-3305
Telephone: (215)
861-5030
Region IV:
U.S. Department of Labor
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
Telephone: (404)
562-2018
(OWCP Only)
U.S. Department of Labor
214 N. Hogan Street, Suite
1006
Jacksonville, Florida 32202
Telephone: (904)
357-4725
Region V:
U.S. Department of Labor
Kluczynski Federal Building
230 South Dearborn Street
Chicago, Illinois 60604
Telephone: (312)
353-8373
(FECA only)
U.S. Department of Labor
1240 East Ninth Street,
Room 851
Cleveland, Ohio 44199
Telephone: (216) 357-5372
Region VI:
U.S. Department of Labor
525 Griffin Square Building
Griffin & Young Streets
Dallas, Texas 75202
Telephone: (214)
767-6800
Region VII:
U.S. Department of Labor
City Center Square Building
1100 Main Street
Kansas City, Missouri 64105-2112
Telephone: (816)
426-3891
(For Wage and Hour
only: Contact Region V)
(OFCCP only)
U.S. Department of Labor
1100 Main Street, Suite 860
Kansas City, Missouri 64105
Telephone: (816) 502-0370
Region VIII:
U.S. Department of Labor
1999 Broadway
Denver, Colorado 80202
Telephone: (303)
844-1704
(For Wage and Hour and
OFCCP: Contact Region VI)
(OWCP only)
U.S. Department of Labor
1999 Broadway, Suite 600
Denver, Colorado 80201
Telephone: (720)
264-3038
The mailing address for the
Director of the Regional Bureau of Apprentice and Training in Region VIII is:
Bureau of Apprenticeship
and Training
U.S. Custom House
721 ‑ 19th Street,
Room 465
Denver, Colorado 80202
Telephone: (303)
844-4791
Region IX:
U.S. Department of Labor
71 Stevenson Street
San Francisco,
California 94105
Telephone: (415)
975-4057
Region X:
U.S. Department of Labor
1111 Third Avenue
Seattle, Washington 98101-3212
Telephone: (415)
975-4057
(For Wage and Hour
only: Contact Region IX)
B. Agency response-time.
The agency's response-time ranges from five to fifty
days. Complex requests take more time.
C. Why some requests are not granted.
A FOIA request can be made for any agency record. This does not mean, however, that the Labor
Department will disclose every record sought.
There are statutory exemptions that authorize the withholding of
information of an appropriately sensitive nature. The agency also cannot comply with a FOIA request if there are no
responsive records.
Another reason for not
responding to a FOIA request is that the FOIA does not require agencies to do
research for the requester, to analyze data, to answer questions, or to create
records in order to respond to a request.
III. Definitions of Terms and Acronyms Used in
the Report
(To be included in each report)
A. Agency-specific acronyms or other terms.
1. None.
B. Basic terms, expressed in common
terminology.
1. FOIA/PA request--Freedom of Information
Act/Privacy Act request. A FOIA request
is generally a request for access to records concerning a third party, an
organization, or a particular topic of interest. A Privacy Act request is a request for records concerning
oneself; such requests are also treated as FOIA requests. (All requests for access to records,
regardless of which law is cited by the requester, are included in this report.)
2. Initial Request--a request to a federal
agency for access to records under the Freedom of Information Act/Privacy Act.
3. Appeal--a request to a federal agency asking
that it review at a higher administrative level a full denial or partial denial
of access to records under the Freedom of Information Act/Privacy Act, or any
other FOIA determination such as a matter pertaining to fees.
4. Processed Request or Appeal--a request or
appeal for which an agency has taken a final action on the request or the
appeal in all respects.
5. Multi-track processing--a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests in each track are processed on a first-in/first-out basis. A requester who has an urgent need for records may request expedited processing (see below).
6. Expedited processing--an agency will process
a FOIA request on an expedited basis when a requester has shown an exceptional
need or urgency for the records which warrants giving priority to his or her
request over other requests that were made earlier.
7. Simple request--a FOIA request that an
agency using multi-tracking processing places in its fastest (nonexpedited)
track based on the volume and/or simplicity of records requested.
8. Complex request--a FOIA request that an
agency using multi-track processing places in a slower track based on the
volume and/or complexity of records requested.
9. Grant--an agency decision to disclose all
records in full in response to a FOIA request.
10. Partial grant--an agency decision to
disclose a record in part in response to a FOIA request, deleting information
determined to be exempt under one or more of the FOIA=s exemptions; or a decision
to disclose some records in their entireties, but to withhold others in whole
or in part.
11. Denial--an agency decision not to release
any part of a record or records in response to a FOIA request because all the
information in the requested record is determined by the agency to be exempt
under one or more of the FOIA=s exemptions, or for some procedural reason (such as because no
record is located in response to a FOIA request).
12. Time limits--the time period in the Freedom
of Information Act for an agency to respond to a FOIA request (ordinarily 20
working days from proper receipt of a Aperfected@ FOIA request).
13. APerfected@ request--a FOIA request for records which
adequately describes the records sought, which has been received by the FOIA
office of the agency or agency component in possession of the records, and for
which there is no remaining question about the payment of applicable fees.
14. Exemption 3 statute--a separate federal
statute prohibiting the disclosure of a certain type of information and
authorizing its withholding under FOIA subsection (b)(3).
15. Median number--the middle, not average,
number. For example, of 3, 7, and 14,
the median number is 7.
16. Average number--the number obtained by
dividing the sum of a group of numbers by the quantity
of numbers in the group. For example, of 3, 7, and 14, the average is 8.
IV. Exemption 3 Statutes
A. List of Exemption 3 statutes relied on by this agency during fiscal
year 2001.
1. The
Occupational Safety and Health Administration withheld the names of complainants who reported safety and health violations under the authority of Section 8(f)(1) of the Occupational Safety and Health Act (OSHA), 29 U.S.C. 657(f)(1). It also withheld the disclosure of advance notice of a safety inspection under the authority
of section 17(f) of the same statute, 29 U.S.C. 666(f).
2. The Office of
Labor-Management Standards invoked section 304(a) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) (29 U.S.C.
464(a)) to protect the identities of complainants in investigations.
This office also withheld grand jury material pursuant to Rule 6(e) of the Federal Rules of
Criminal Procedure.
3. The Mine
Safety and Health Administration withheld the names of
miners,
pursuant to the Federal Mine Safety and Health Act of 1977,
section
103(g)(1) (30 U.S.C.813(g)(1)), who requested safety inspections.
It also
withheld information to protect the confidentiality of coal mine
maps
pursuant to section 312(b) of the statute (30 U.S.C. 872(b)).
4. The
Pension and Welfare Benefits Administration withheld income
tax
return information pursuant to 26 U.S.C. 6103.
Except for Rule 6(e) of the
Federal Rules of Criminal Procedure, the withholding of information under the
statutes, cited above, has not, as yet, been litigated in the courts under the
FOIA.
V. Initial FOIA/PA Access Requests.
A. Number of initial requests.
1. Number of requests pending at the end of the
preceding fiscal year
(FY2000): 906
2.
Number of requests received during fiscal year 2001: 20,222
3.
Number of requests processed during fiscal year 2001: 19,840
4. Number of requests
pending at the end of fiscal year 2001: 1,288
B. Disposition of initial requests.
1. Number of total grants: 6,969
2. Number of partial grants: 7,104
3.
Number
of denials: 1,319 [1]
a. number of time each
FOIA exemption was used
(counting each exemption once per request)
(1) Exemption 1: 0
(2) Exemption 2: 368
(3) Exemption 3: 54
(4) Exemption 4: 2,454
(5) Exemption 5: 3,963
(6) Exemption 6: 1,894
(7) Exemption 7(A): 1,319
(8) Exemption 7(B): 0
(9) Exemption 7(C): 4,648
(10) Exemption 7(D): 2,935
(11) Exemption 7(E): 474
(12) Exemption 7(F): 14
(13) Exemption 8: 0
(14) Exemption 9: 0
4.
Other
reasons for nondisclosure (total):
4,448
a. no records: 2,475
b. referrals: 975
c. request withdrawn:
262
d. fee-related reason:
82
e. records not reasonably described: 187
f. not a proper FOIA request for some other
reason: 32
g. not an agency record:
194
h. duplicate request:
141
i. other (specify):
100; miscellaneous reasons
VI. Appeals of Initial Denials of FOIA/PA
Requests
A. Numbers of appeals.
1. Number of appeals received during fiscal
year 2001: 285
2. Number of appeals processed during fiscal
year 2001: 436
B. Disposition of appeals.
1. Number completely upheld: 85
2. Number partially reversed: 165
3. Number completely reversed: 26 [2]
a. number of times each
FOIA exemption was used
(counting each exemption once per appeal)
(1) Exemption 1: 0
(2) Exemption 2: 9
(3) Exemption 3: 1
(4) Exemption 4: 25
(5) Exemption 5: 110
(6) Exemption 6: 15
(7) Exemption 7(A): 39
(8) Exemption 7(B): 0
(9) Exemption 7(C): 171
(10) Exemption 7(D): 116
(11) Exemption 7(E): 10
(12) Exemption 7(F): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure
(total): 160
a. no records:
34
b. referrals:
6
c. appeal withdrawn: 87
d. fee-related reason: 4
e. records not reasonably described: 1
f. not a proper FOIA appeal for some other reason:
1
g. not an agency record: 1
h. duplicate request: 0
i. other (specify): 26; miscellaneous reasons
VII. Compliance with Time Limits/Status of
Pending Requests
A. Median processing time for requests
processed during the year.
1. Simple requests (if multiple tracks used).
a. number of requests processed: 14,104
b. median number of days to process: 13
2. Complex requests (specify for any and all
tracks used).
a. number of requests processed: 4,730
b. median number of days to process: 39
3. Requests accorded expedited processing.
a. number of requests processed: 1,006
b. median number of days to process: 6
B. Status of pending requests.
1. Number of requests pending as of end of
fiscal year 2001: 1,288
2. Median number of days
that such requests were
pending as of the end of fiscal year
2001: 24
VIII. Costs/FOIA Staffing
A. Staffing levels.
1. Number of full-time FOIA personnel: 30
2.
Number of personnel with part-time or occasional FOIA duties (in
total work-years): 153
3. Total number of personnel (in
work-years): 183
B. Total costs (including
staff and all resources).
1. FOIA processing (including appeals): $4,950,00.
2. Litigation-related activities
(estimated): $500,000.
3. Total costs: $5,450,000.
4. Comparison with previous year(s)(including
percentage of
change)(optional): This year, 4%
less in costs for FOIA was expended.
IX. Fees
A. Total amount of fees collected by agency for
processing
requests:
$218,861.59
B. Percentage of total costs: 4%.
X. FOIA Regulations (Including Fee Schedule)
The electronic address for
accessing the Department's FOIA regulations, 29 CFR Part 70, is on the
Department=s web site at http://www2.dol.gov/dol/foia/main.htm. In addition, they can be accessed on the
World Wide Web at GPO Access, a service of the U.S. Government Printing
Office, at: http://www.access.gpo.gov/nara/index.htm.
_________________________
Eugene Scalia
Solicitor of Labor