Adequate communication with requesters is central to the success of any
FOIA effort. It assures that requesters are able to pursue their rights with
maximum effectiveness and minimal costs. It improves requester confidence in
the agency and is a sign of the agency's courtesy and the respect to which all
requesters are entitled. It improves agency efficiency and effectiveness,
because the agency can better tailor FOIA efforts to meeting the actual needs
Our review indicates that while good communication now exists, the
Department needs to improve its communication with the requester community as a
whole and should seek its input on ways to improve our FOIA efforts. Moreover,
the Department needs to improve its written communication with individual
requesters and ensure that it is more consistent. Although some inconsistency
may have developed because of differences in agency mission or the size and
scope of the agency FOIA program, our review suggests that many inconsistencies
are not compelled by these differences.
The Department of Labor will improve its communication with requesters
in the following ways:
Goals and Objectives. The Department of Labor will seek
to improve its FOIA programs by encouraging members of the requester community
to offer any suggestions that they may have to improve the quality and
efficiency of the Department's FOIA efforts.
- By the end of the Third quarter of CY 2006, the Chief FOIA Officer
will meet with the FOIA Public Liaison and other agency officials, including
the FOIA Service Center contacts, to plan outreach to the requester community.
Planning will include a public forum or forums for the presentation of views by
the requester community on the DOL FOIA program, and possible establishment of
an electronic suggestion box or other means for the requester community to
submit written comments and suggestions.
- By the end of CY 2006, at least one public forum will be held, and
other identified outreach efforts will be implemented throughout CY 2007.
- The Chief FOIA Officer will prepare for the inclusion in the FOIA
Annual Report for CY 2006 a report on the agency's development and
implementation of measures to obtain input from the requester community.
- By the end of the first quarter in CY 2007, agencies will assess the
information and views received from requesters and take such actions as may be
appropriate to improve their programs during CY 2007 or thereafter.
- The Chief FOIA Officer will include in the FOIA Annual Report for CY
2007 a report on the agency's outreach activities and its response to input
from the requester community.
Goals and Objectives. All DOL agencies will send
written acknowledgement letters to requesters acknowledging receipt of FOIA
requests, except when a substantive response is expected to be issued within a
week. Acknowledgement letters will include agency contact points and, when
feasible and appropriate, information on whether requests must be referred and
an estimated response time.
- By the end of CY 2006, the Chief FOIA Officer will prepare template
letters containing information for requesters and distribute these templates to
- By the end of CY 2006, agencies will assure that all staff involved
in FOIA work receives copies of these templates and that they utilize the
templates or adapt them to suit the agencies' needs.
Goals and Objectives. DOL and its components will
provide clear guidance to potential FOIA requesters on how to obtain
information from the Department, including through FOIA requests, and will
clearly communicate responses to FOIA requests.
- By the end of the second quarter of CY 2007, the Chief FOIA Officer,
together with the FOIA Public Liaison, will review agency communication
practices with requesters, including the use of agency Web sites to communicate
information about agency procedures, to determine whether further steps are
needed to improve communications related to requests. The Chief FOIA Officer
will communicate any such recommendations to appropriate agency officials.
- During the third quarter of CY 2007 and thereafter, agency officials
will implement needed improvements in their communication practices.
- By January 1, 2008, agencies will report to the Chief FOIA Officer on
their implementation of these new practices.
The Department of Labor's Web site can be used both to provide
information on how to file a FOIA request, and to provide access to information
that members of the public may want, thus avoiding the need for individual FOIA
requests. The posting of frequently requested documents, final opinions and
orders, policy and guidance statements, and certain administrative staff
manuals is needed to comply with the agency's statutory obligations under FOIA.
Moreover, such postings also serve both requester and agency needs. When
documents are posted, requesters obtain information more quickly and are spared
the effort of using FOIA to obtain the documents directly. Such postings also
allow the agency to make the information available, while avoiding the effort,
expense, and delays of processing unnecessary FOIA requests. For similar
reasons, it may be more efficient for an agency to post information of
significant public interest, even though it has not been the subject of
frequent FOIA requests. The Department needs a more structured effort to assure
that information appropriate for web postings is more effectively identified
Goals and Objectives. The Department and individual
agencies should provide clear and up-to-date information on how and where to
submit FOIA requests and appeals to the Department and its various components.
Links should be available to current versions of guidance from the Department
of Justice on FOIA and other information sources.
- By the end of CY 2006, the Chief FOIA Officer, in consultation with
the FOIA Liaison, appropriate agency FOIA staff, and the Department's Director
of Enterprise Communications Services in the Office of Public Affairs will
evaluate the FOIA web presence of DOL as a whole as well as the web presence of
individual agencies and identify areas needing improvement.
- By the end of the second quarter of CY 2007, the Chief FOIA Officer
will develop a plan to implement the needed improvements, consistent with
available resources and the needs for Departmental approvals, for the remainder
of CY 2007 and into the following years.
Goals and Objectives. Agencies will develop and
implement a plan to ensure that they will systematically review their FOIA
requests to identify frequently requested records, as well as agency decisions,
policies, and guidance, and ensure that, where required by law, appropriate
documents are posted on the web.
- By the end of CY 2006, agencies will develop and submit to the Chief
FOIA Officer a plan describing the internal procedures and appropriate
assignments of responsibility that the agency will implement to assure that it
systematically reviews FOIA requests to the agency, identifies frequently
requested records, agency opinions, orders, policy statements and
interpretations and administrative staff manuals and staff instructions that
affect a member of the public and assures that these records are posted on the
- By the end of the first quarter of CY 2007, agencies will submit for
review by the Chief FOIA Officer in conjunction with the FOIA Public Liaison a
report on their progress in implementing their plan.
- By the close of CY 2007, agencies will discuss their plans with the
Chief FOIA Officer and the FOIA Public Liaison, make such adjustments as may be
appropriate, and implement the plan.
- In years following CY 2007, agencies will make further appropriate
adjustments to their plans.
Goals and Objectives. In some cases, agencies can avoid
FOIA requests and the resulting burdens and administrative costs by increased
posting of documents on the web that are likely to be of interest to the
public, even though the posting of such documents is not legally required.
Under appropriate circumstances, these postings may include, for example,
program statistics or other information about enforcement or claims activity,
information about Department grantees or contractors, certain portions of
existing internal case tracking systems, Departmental budget and audit
information, and other releasable information of interest to the public.
Agencies should review their posting of such documents and seriously consider
increasing their web postings. It is recognized, however, that the posting of
these documents raises some difficult issues because of the volume of these
materials and their diversity and complexity.
- By the close of CY 2006, agencies should identify those classes of
documents not otherwise required to be posted that it would be useful and
practicable to post proactively. They should develop a plan for the posting of
such documents on a continuing basis and discuss this plan with the Chief FOIA
Officer and the FOIA Public Liaison.
- By the close of CY 2007, agencies should implement their plan,
discussing their progress with the Chief FOIA Officer and the FOIA Public
- In each succeeding year, agencies shall continue to implement their
plans, making such adjustments as may be appropriate, after discussions with
the Chief FOIA Officer and the FOIA Public Liaison.
An adequate tracking system is crucial to an agency's ability to meet
deadlines, identify deficiencies, prepare needed reports, and maintain good
customer relationships. Because DOL agencies have diverse needs an effective
tracking system must take these needs into account.
Goals and Objectives. The Department needs to examine
systematically the special needs of FOIA and the special requirements of DOL
agencies to see whether it can improve its methods of tracking FOIA requests
and more fully meet the needs of FOIA requesters and DOL agencies.
- By the close of the third quarter of CY 2006, the Chief FOIA Officer
will convene a working group that includes the Office of the Assistant
Secretary for Administration and Management, the Office of the Solicitor, and
stakeholding DOL agencies.
- By the close of CY 2006, the working group will review the need for
improvements in agency FOIA tracking systems, including the ability of DOL
tracking tools to meet DOL and agency needs, and will identify inadequacies and
possible improvements or changes to meet agency needs.
- By the close of the first quarter of CY 2007, the working group will
develop a report to the Chief FOIA Officer, which may take the form of one or
more software specification documents, outlining a plan to address any
inadequacies, improvements or changes identified. Agencies will implement the
improvement plan to the extent appropriate.
- In CY 2007, the Chief FOIA Officer will present the plan to the
relevant Department officials for action and implementation on a
Department-wide basis as appropriate.
- By the close of CY 2007, the Chief FOIA Officer will again convene
the workgroup that will review the plan developed in CY 2006, consider the
progress made in implementing the plan, and develop and implement a revised
plan to correct any persisting inadequacies and institute desired enhancements,
within the limits of available resources and Departmental approvals.
The use of electronic tools can potentially improve the efficiency and
effectiveness of an agency's response to FOIA requests. These tools include
scanning, electronic redaction, and delivery of FOIA responses electronically.
While the nature of the requested records in many cases may not be conducive to
the efficient use of such tools, agencies need to give more systematic
attention to the possibility that their use can improve the operation of the
agency's FOIA program.
Goals and Objectives. Each agency, with respect to
initial requests, and the Office of the Solicitor, with respect to appeals,
should review the principal areas where they may benefit from automation,
drawing, in part, upon any information that may be developed in the study under
Section III. To the extent that an agency already has resources or equipment
for automation (i.e. scanners, redacting software, etc.), it should consider
whether these resources can be shared or used more systematically and
- By the end of CY 2006, each agency will complete their study and
implement any improvements it is in a position to make. It shall report the
results of its efforts to the Chief FOIA Officer.
- By the end of CY 2007, for those areas identified in its study that
could effectively be automated, but not with existing resources, each agency
will consider whether available funding and agency priorities permit the
acquisition of necessary resources. Should additional resources become
available, agencies shall develop and deploy a plan for their effective use,
reporting the results to the Chief FOIA Officer.
At times, fairness, courtesy to requesters, and the efficiency of the
FOIA process may require that certain requests be handled more expeditiously
than others. Such situations may arise when agencies can identify certain
classes of requests that should be handled more quickly (multi-tracking). In
other cases, a particular requester may ask for and appropriately justify the
need for expeditious handling. While many agencies do not employ a multi-track
FOIA process, the review does not indicate how deliberately they have studied
the potential benefits of such a process. It is also not clear how
systematically agencies have reviewed their handling of requests for expedited
processing of individual FOIA requests.
Goals and Objectives. Agencies that do not currently
multi-track should determine if a multi-track process should be established and
what number of tracks would be sufficient. If a multi-track system is in place,
the agency should review its functionality, determine if the tracks are
sufficient and whether the delineation between tracks is clear, and develop the
changes it deems appropriate to maximize fairness and efficiency. Agencies
should also review their handling of expedited requests.
- By the end of CY 2006, agencies will complete a review of the
multi-tracking issues within their agencies and their handling of requests for
expedited FOIA processing. Each agency will develop any appropriate changes in
its processes, and report the results of its review and any resulting changes
in its processes to the Chief FOIA Officer and the FOIA Public Liaison. It will
implement as many of these changes as is practicable by the end of CY
- By the end of CY 2007 and beyond, agencies should implement the
remaining changes that have not been implemented in CY 2006 and establish
quality control mechanisms to assure that the changes are evaluated and
maintained or modified, as appropriate.
One matter of central concern to requesters is the timeliness of agency
responses to FOIA requests and appeals. Increasing timeliness and appeal
processing capacity are complex matters, since many factors often contribute to
agency performance, including, for example, the variable volume and complexity
of incoming initial FOIA requests and appeals, and changing FOIA staff. While
our review indicates that backlogs and timeliness within DOL are a more
substantial issue at the administrative appeals level, those agencies with
satisfactory performance at the initial request level need to continuously
monitor their own performance so that they can identify and remedy any problems
that arise at the earliest possible stage and before the problems become
serious. Vigorous efforts must be made to increase capacity and timeliness at
the appeals level.
Goals and Objectives. Agencies will develop and
implement a system to monitor backlogs on a real-time basis. They will report
to the Chief FOIA Officer the steps they have taken to assure the early
detection of growing backlogs and the development of any timeliness issues.
They will regularly report their backlogs to the Chief FOIA Officer.
- By the end of the third quarter of CY 2006, the Chief FOIA Officer
will provide guidance on the definition of "backlogs" and develop a template
for reporting backlogs.
- By the end of CY 2006, agencies will develop and implement a system
to monitor backlogs and report to the Chief FOIA Officer on the steps they have
- By the end of the second quarter of CY 2007, and semiannually
thereafter, agencies shall report their backlogs to the Chief FOIA
- These reports will continue through CY 2007 and thereafter.
Goals and Objectives. To increase the number of appeals
adjudicated by the Department's FOIA appeals unit (273 appeals pending for more
than 30 days as of April 30, 2006 with an average of 17 appeals closed each
month for CY 2005), the Department will systematically increase from its 2005
baseline the number of appeals completed and closed.
- By December 31, 2006, the number of appeals completed and closed will
increase 61 percent over the 2005 baseline.
- By the end of CY 2006, the Chief FOIA Officer will assess the impact
of actions taken to increase output in the appeals unit (discussed in Results
of the Review, paragraph 6) and determine whether additional measures are
needed. Recommended measures will be implemented, consistent with the
availability of resources, by the end of the first quarter of CY 2007 and
continuing thereafter, as appropriate. The Department's annual FOIA Report for
FY 2006 will report on increased output in the appeals area.
- By December 31, 2007, the number of appeals completed and closed will
increase 93 percent over the 2005 baseline.
- It is anticipated that the appeals adjudication capacity will
increase and continue into 2008 and beyond.
- By the end of CY 2007, the Chief FOIA Officer again will assess the
progress of the appeals unit and determine whether additional measures are
needed and can be implemented, consistent with the availability of
A knowledgeable and well-trained staff can greatly enhance an agency's
ability to provide prompt, courteous, efficient, and timely service to
requesters, and it can help to assure that requesters receive the rights
guaranteed by law. The widespread use in DOL of staff that spends only a
portion of its time on FOIA matters and is spread across the U.S. presents
significant challenges to the development of cost effective staff training
efforts. Agencies can improve their efforts by making resource materials
readily available to staff and by providing employee training and orientation
efforts, commensurate with agency staffing patterns and available
Goals and Objectives. Each agency shall establish a
plan to ensure that 100 percent of its identified FOIA staff has the
opportunity to receive adequate FOIA training. Where agency resources are
limited, the agency will work with the Chief FOIA Officer to identify low-cost
options, such as FOIA training DVDs. In addition, regular meetings of DOL FOIA
Service Center Staff will be held so that there will be an opportunity to share
lessons learned and help identify best FOIA practices.
- Throughout CY 2006, agencies will continue to seek opportunities to
provide FOIA training to the agency's FOIA staff, such as attendance at formal
training sessions, and distribution of FOIA guidance materials.
- By September 30 of CY 2006 and each 6 months thereafter, the Chief
FOIA Officer will convene a meeting of FOIA Service Center Staff to share
information about lessons learned and best FOIA practices.
- By the end of CY 2006, the Chief FOIA Officer will research, develop
and share with the agencies a catalogue of available training opportunities for
agency staff. The Chief FOIA Officer will investigate the availability of low
cost options, such as DVDs and online training materials. Consistent with
agency resources, the Chief FOIA Officer will arrange for in-house training for
DOL FOIA staff.
- By the end of the first quarter of CY 2007, every agency will develop
and implement a plan which will ensure that 100 percent of its identified FOIA
staff are provided an opportunity to receive appropriate FOIA training by the
close of CY 2007. Each agency will transmit its plan to the Chief FOIA Officer
by the end of the first quarter of CY 2007.
- Within 15 days of the end of CY 2007, each agency will report to the
Chief FOIA Officer concerning the results of its training efforts during the
prior calendar year.
Goals and Objectives. Agencies should make resource
materials more readily available to staff working on FOIA matters.
- By the end of CY 2006, all agencies, in consultation with the Chief
FOIA Officer, will make resource materials such as the Justice Department's
FOIA Guide electronically available to employees with FOIA