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Semiannual Report to Congress, Office of Inspector General for the U.S. Department of Labor, Volume 87 (October 1, 2021 – March 31, 2022)

Summary

The Department of Labor Office of Inspector General's Semiannual Report to Congress, Volume 87, covers October 1, 2021 to March 31, 2022. The OIG reports 133 investigative reports issued and cases closed, 314 indictments, 187 convictions and more than $90 million in monetary accomplishments. Applying an 18.71 percent improper payment rate to the estimated $872.5 billion in pandemic-related UI payments, it says at least $163 billion in pandemic UI benefits could have been paid improperly, with a significant portion attributable to fraud. Among the cases, a Michigan state contractor was sentenced over the theft of $3.8 million in a pandemic UI fraud. Other chapters cover workers' compensation, employee benefit plans, worker safety, OIG congressional testimony and legislative recommendations.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

 Semiannual Report to Congress
  Office of Inspector General for the U.S. Department of Labor




Volume 87                                 October 1, 2021 – March 31, 2022
          A Message from the Inspector General
   After being nominated by the President and being confirmed
   by the Senate, I assumed the position of Inspector General for
   the U.S. Department of Labor (DOL) on December 7, 2021.
   I am deeply honored to lead the Office of Inspector General
   (OIG) after serving for more than 7 years as Deputy Inspector
   General. As such, it is my privilege to submit this Semiannual
   Report to Congress, which highlights the most significant
   activities and accomplishments of the DOL OIG for the 6-month
   period ending March 31, 2022.

   On March 17, 2022, I had the honor to testify before the U.S.
   Senate Committee on Homeland Security and Governmental
   Affairs about the OIG’s oversight of the unemployment
   insurance (UI) program during the COVID-19 pandemic.
   As my testimony detailed, the unprecedented infusion of
   federal funds into the UI program during the pandemic gave
   individuals and organized criminal groups a high-value target to exploit. That, combined with easily
   attainable stolen personally identifiable information and continuing UI program weaknesses identified by
   the OIG over the last several years, created a perfect storm that allowed criminals to defraud the system.
   Because many states were not prepared to process the extraordinary volume of new UI claims and
   struggled to implement new UI programs, many internal fraud controls that had been traditionally used or
   recommended for the processing of UI claims were not initially implemented. Fraudsters thus had a high-
   reward target where an individual could make a fraudulent claim with relatively low risk of being caught.
   For example, as time went on, one fraudster could have been issued several UI debit cards, with tens of
   thousands of dollars on each card.

   I recommended the OIG have better access to claim and wage data and several other actions DOL
   can take, including addressing issues related to UI staffing and systems for prompt payment during
   emergencies; implementing controls for improper payments; helping states with claims; overpayments
   and fraud reporting; and working with Congress to better assist State Workforce Agencies’ ability
   to cross-match UI claims with available data in areas with high-risk for fraud. I also highlighted the
   measures the OIG has taken to address the impact of fraud on the UI program.

   Although a large part of our focus has been on overseeing the UI program, we have other
   accomplishments of which I am also very proud. During this reporting period, the OIG issued 15 audit
   and other reports with 49 recommendations for corrective action. For example, we recommended that:
   •   the Occupational Safety and Health Administration collaborate to encourage referrals of potential
       COVID-19 safety and health hazards from external federal agency personnel active in industries
       with a high risk of COVID-19 exposure;




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                3
    •   the Employment and Training Administration provide dedicated technical assistance to four
        states to assist them in attaining planned goals, provide close monitoring of the Disaster National
        Dislocated Worker Grants to ensure performance, and amend its guidance to include specified
        timeline provisions and technical assistance;
    •   DOL consistently report IT data elements in accordance with the Digital Accountability and
        Transparency Act of 2014; and
    •   DOL ensure progress on implementing Information Security Continuous Monitoring controls.

    The OIG’s investigative work also yielded significant outcomes, with a total of 133 investigative reports
    issued and cases closed, 314 indictments, 187 convictions, and more than $90 million in monetary
    accomplishments. Highlights of this work include:
    •   a Michigan state contractor sentenced for her role in the theft of $3.8 million in a pandemic UI fraud
        scheme;
    •   a Virginia woman sentenced to 10 years in prison for her role in defrauding the government of
        more than $1.5 million in UI benefits;
    •   a former NFL wide receiver sentenced for his role in a scheme to defraud California’s Employment
        Development Department;
    •   a Louisiana couple sentenced in a $38 million medical reimbursement account program fraud
        scheme;
    •   a California man sentenced to 15 months in prison and ordered to forfeit more than $533,000 in a
        Foreign Labor Certification fraud scheme; and
    •   an international labor union official sentenced to 24 months in prison for health care fraud and
        union embezzlement.

    These are just some examples of the exceptional work done by our dedicated staff. I thank them for
    their significant achievements during this reporting period.

    I look forward to continuing to work constructively with the Department and Congress on our shared
    goals of identifying improvements to DOL programs and operations and of protecting the interests and
    benefits of the nation’s workers, retirees, and taxpayers during this unprecedented time.




                                                                                              Larry D. Turner
                                                                                           Inspector General




4                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                OIG FY 2022–2026 Strategic Plan

                                          OIG Mission
   We serve the American people, DOL, and Congress by providing independent and
   objective oversight of Departmental programs through audits and investigations, and by
   combatting the influence of labor racketeering in the workplace.




                                          Core Values

   Excellence
   We deliver relevant, quality, timely, high-impact products and services, through a
   workforce committed to accountability and the highest professional standards.
   Integrity
   We adhere to the highest ethical principles, and perform our work in an honest and
   trustworthy manner.
   Independence
   We are committed to being free of conflicts of interest through objectivity and impartiality.
   Service
   We are a unified team, vigilant to duty through dedicated public service.
   Transparency
   We promote an environment of open communication through information sharing,
   accountability, and accurate reporting.




                                        Strategic Goals
   Goal 1: Deliver timely, relevant, and high-impact results.
   Goal 2: Foster an internal OIG culture that drives high performance and
   engagement.
   Goal 3: Promote responsible stewardship of OIG financial and nonfinancial
   resources.




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                   5
–




                                                                      Contents

    Selected Statistics. ................................................8       OIG Congressional Testimony............................81

    Significant Concerns. ..........................................10           Legislative Recommendations. ..........................83

    Worker and Retiree Benefit Programs. ..............25                        Appendices...........................................................89
    Unemployment Insurance Programs......................26                      Funds Recommended for Better Use.....................92
    Office of Workers’ Compensation Programs..........44                         Questioned Costs. .................................................93
    Employee Benefit Plans. ........................................45           Final Audit Reports Issued.....................................94
                                                                                 Other Reports. .......................................................95
    Worker Safety, Health, and Workplace Rights...47                             Unresolved Audit Reports Over 6 Months Old.......96
    Occupational Safety and Health Administration.....48                         Corrective Actions Taken by the Department.........98
    Bureau of International Labor Affairs. ....................52                Unimplemented Recommendations.....................101
                                                                                 High-Priority Unimplemented
    Employment and Training Programs. ................55                         Recommendations. ..............................................102
    Employment and Training Administration                                       Summary of Reports with Unimplemented
    Programs................................................................56   Recommendations with Cost Savings / Funds Put to
    Job Corps...............................................................60   Better Use.............................................................106
    Foreign Labor Certification Programs....................62                   Reports with Unimplemented Recommendations
                                                                                 for Management Improvement or Disallowed Costs
    Labor Racketeering..............................................63           Owed....................................................................107
                                                                                 Investigative Statistics.......................................... 111
    Departmental Management.................................67                   OIG Hotline........................................................... 113
    Single Audits...........................................................73   Peer Review......................................................... 114
                                                                                 Fiscal Year 2022 Audit Workplan......................... 115
    Employee Integrity Investigations......................75                    Addendum to FY 2022 Audit Annual Workplan....127

    OIG Whistleblower Activities. .............................77
Audit Statistics

                       15                                                     49
               Audits and Other                                     Recommendations for
                Reports Issued                                        Corrective Action




OIG Unimplemented Recommendations
OIG recommendations not fully implemented as of March 31, 2022

    EBSA           2
     ETA                                                                                        43
    MSHA                                                                 31

OASAM              2

    OASP                                                                                               47

    OCFO                                            19

OFCCP            1

    OSEC         1

    OSHA                                            19

OWCP                     5

    WHD                   6

           0                  10                 20                30                 40                 50

8                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
InvestigativeStatistics
  Investigative Results                                                          Labor Racketeering
                                                                                 Program Fraud
                                                                                                                 190 / 133

  400
                                                                   314
  300


  200                   190                                                      187
                                      148
         133
  100
                                                     55                                                         190 investigative
                                                                                                 9             cases opened and
    0                                                                                                            over 130 cases
                                   r               r                   s                  s         ry ts
         s d
       se ose
                    s d
                  se ene        fo tion          fo tion          e nt               i on         to en              closed
     a          a             d     u          d    c                              t            u
    C Cl      C Op         rre ec           rre l A         ict
                                                                m               ic            at rm
                         fe ros         e fe ivi          d                o nv             St eba
                       e
                      R P             R /C             In                C                    D
                 s es            ses min
               a               a      d
              C              C A



Monetary Accomplishments




$
                     These include                                         $21,821,798

                      Recoveries
                      Cost-Efficiencies
                      Restitutions
                      Fines/Penalties
                      Forfeitures
                      Civil Monetary Actions
                                                                          $68,438,559
                      $90,260,357
                      Total                                                                                 Labor Racketeering
                                                                                                            Program Fraud
                                       Significant Concerns

                                 Significant Concerns
     The OIG has identified the following areas of significant concern that cause the Department
     to be at particular risk for fraud, mismanagement, waste, abuse, or other deficiencies. The
     identified areas of concern reflect continuing matters as well as emerging issues. Most of these
     issues appear in our annual Top Management and Performance Challenges report, which can
     be found in its entirety at www.oig.dol.gov.


      Deploying                                                                        Ensuring the Safety
      Unemployment                                                                     of Students and
      Insurance Benefits While                                                         Staff at Job Corps
      Reducing Improper                                                                Centers
      Payments


      Providing the
                                                                                       Maintaining the
      OIG Access to UI
                                                                                       Integrity of Foreign
      Claimant Data and
                                                                                       Labor Certification
      Wage Records
                                                                                       Programs



      Protecting the
                                                                                       Protecting the
      Safety and Health of
                                                                                       Security of
      Workers
                                                                                       Employee Benefit
                                                                                       Plan Assets



      Protecting the                                                                   Managing Medical
      Safety and Health                                                                Benefits in the Office of
      of Miners                                                                        Workers’ Compensation
                                                                                       Programs


      Improving the
      Performance
      Accountability of                                                                Ensuring the Solvency
      Workforce Development                                                            of the Black Lung
      Programs                                                                         Disability Trust Fund



      Ensuring Safety
      During On-Site                                                                   Securing and
      Instruction at Job                                                               Protecting Information
      Corps Centers                                                                    Management Systems




                                               Improving Job
                                               Corps’ Procurement
                                               Process




10                                         Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                            Significant Concerns
Deploying Unemployment Insurance                            For example, the OIG had audited the Disaster
Benefits Expeditiously and Efficiently                      Unemployment Assistance (DUA) program

While Reducing Improper Payments                            and found the Department had not established
                                                            adequate controls to ensure benefits were paid
                                                            timely. Similarly, for three key CARES Act UI
The Office of Inspector General (OIG) has repeatedly
                                                            programs, we identified that, on average, it took
reported significant concerns with the Department of
                                                            between 25 and 50 days for the first payment
Labor (DOL) and State Workforce Agencies’ (SWA)
                                                            to be disbursed. Continued programmatic
ability to deploy program benefits expeditiously and
                                                            weaknesses led to workers unemployed through
efficiently while ensuring integrity and adequate
                                                            no fault of their own suffering lengthy delays in
oversight, particularly in response to national
                                                            receiving benefits.
emergencies and disasters. The OIG reiterated
these concerns following the economic downturn
                                                            In addition, anticipating and addressing the
created by the COVID-19 pandemic and the
                                                            increased risk that came with the expanded
unprecedented levels of federal funding allocated to
                                                            funding was also vital to meeting the intent of
the unemployment insurance (UI) program, currently
                                                            the CARES Act. For example, we reported on
estimated at approximately $872.5 billion.
                                                            the challenges presented by the Pandemic
                                                            Unemployment Assistance (PUA) program.
Following the start of the pandemic in the United
                                                            PUA’s expanded coverage for a population
States in early 2020, unemployment compensation
                                                            of claimants who were traditionally ineligible
claims rose exponentially to historically
                                                            to receive UI benefits2 presented significant
unprecedented levels. Prior to the pandemic,
                                                            challenges to states. The OIG reported the risk
numbers of UI claims were low: on March 14, 2020,
                                                            of fraud and improper payments was even higher
the Department reported 282,000 initial claims.
                                                            under PUA than with DUA because claimants
Within 2 to 3 weeks, initial claims rose to 10 times
                                                            could self-certify their eligibility for UI. In June
pre-pandemic levels, far higher than state systems
                                                            2020, the OIG provided a member briefing3
were designed to handle.1 Within 5 months, through
                                                            and a statement for the record4 to Congress
August 15, 2020, the Department reported 57.4
                                                            highlighting challenges DOL and SWAs faced
million initial claims, the largest increase since the
Department began tracking UI data in 1967.
                                                            2
                                                                The new PUA program extended unemployment benefits
                                                            to the self-employed, independent contractors, those with
Rapid deployment of Coronavirus, Aid, Relief,
                                                            limited work history, and other individuals not traditionally
and Economic Security (CARES) Act funding was
                                                            eligible for unemployment benefits who were unable to
critical in helping workers in need. As the OIG’s
                                                            work as a direct result of COVID-19.
prior audit work has shown, quickly deploying
                                                            3
                                                                “Subcommittee on Government Operations Briefing
funds can result in shortcomings in the effective
                                                            with the Inspector General for the Department of Labor.”
and efficient implementation of stimulus programs.
                                                            Statement of Scott S. Dahl, Inspector General, U.S.
1
    COVID-19: States Struggled to Implement CARES Act       Department of Labor House Committee on Oversight and
Unemployment Insurance Programs, Report No. 19-21-          Reform; Subcommittee on Government Operations (June
004-03-315 (May 28, 2021), available at: https://www.oig.   1, 2020), available at: https://www.oig.dol.gov/public/
dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf         testimony/20200601.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                       11
                                             Significant Concerns
in administering and overseeing the UI program               which ETA applied to two of three key pandemic UI
as well as the substantially increased fraud risk.           programs. ETA states it will report the third program,
The reliance solely on claimant self-certifications          PUA, in 2022.
without evidence of eligibility and wages during
the program’s first 9 months rendered the PUA                Applying the 18.71 percent to the estimated $872.5
program extremely susceptible to improper                    billion in pandemic-related UI payments,6 at least
payments and fraud. Congress addressed the                   $163 billion in pandemic UI benefits could have been
self-certification issue under the Continued                 paid improperly, with a significant portion attributable
Assistance for Unemployed Workers Act of 2020,               to fraud. Based on our audit and investigative work,
requiring individuals receiving PUA to substantiate          the improper payment rate for pandemic-related UI
their employment.                                            payments is likely higher.

Further, for over 20 years, the OIG has reported             The OIG has referred information to the Department
on the Department’s limited ability to measure,              and states on nearly $17 billion of potentially
report, and reduce improper payments in the UI               fraudulent UI benefits paid from March 2020 to
program. Indeed, the UI program has experienced              October 2020 in four specific high-risk areas, to
some of the highest improper payment rates across            individuals with Social Security numbers: (1) filed
the federal government. The reported improper                in multiple states, (2) of deceased persons, (3) of
payment estimate for the regular UI program                  federal prisoners, and (4) used to file for UI claims
has been above 10 percent for 14 of the last 18              with suspicious email accounts (see Figure 1).
years. Our recommendations have specifically
included the need for the Department to estimate             As the OIG reported, the unprecedented infusion of
improper payments within federally-funded                    federal funds into the UI program gave individuals
temporary emergency programs. In August 2020,                and organized criminal groups a high-value target
we recommended5 the Employment and Training                  to exploit. That, combined with easily attainable
Administration (ETA) estimate the improper payment           stolen personally identifiable information (PII) and
rate for pandemic UI programs. In December 2021,             continuing UI program weaknesses identified by the
consistent with our recommendation, ETA reported             OIG over the last several years, allowed criminals
an improper payment rate of 18.71 percent for 2021,          to defraud the system. Because many states were
                                                             not prepared to process the extraordinary volume
4
    “Unemployment Insurance During COVID-19: The             of new UI claims and struggled to implement new
CARES Act and the Role of Unemployment Insurance             UI programs, many internal fraud controls that
During the Pandemic.” Statement for the Record of Scott
                                                             6
S. Dahl, Inspector General, U.S. Department of Labor             ETA’s reported improper payment rate estimate of 18.71
Senate Committee on Finance (June 9, 2020), available at:    percent does not include the PUA program. However,
https://www.oig.dol.gov/public/testimony/20200609.pdf        it is the most current improper payment rate from ETA.
5
    COVID-19: More Can Be Done to Mitigate Risk to           Furthermore, PUA had control weaknesses that may have
Unemployment Compensation under the CARES Act,               facilitated comparable or greater improper payments.
Report No. 19-20-008-03-315 (August 07, 2020), available     Therefore, applying ETA’s rate to all of the estimated
at: https://www.oig.dol.gov/public/reports/oa/2020/19-20-    $872.5 billion in CARES Act UI payments including PUA
008-03-315.pdf                                               would equate to at least $163 billion in improper payments.


12                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                            Significant Concerns
                       Figure 1: Four High-Risk Areas for Potential UI Fraud7




       Multistate Claimants        Deceased Persons               Federal Prisoners          Suspicious Email Accounts




7
    COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs, Report No. 19-21-004-03-
315 (May 28, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf



had been traditionally used or recommended                    While concerns persist within the UI program,
for the processing of UI claims were not initially            DOL has instituted efforts to focus on program
implemented. This created a situation where                   integrity when implementing the CARES Act and
fraudsters had a high-reward target where an                  other pandemic-related UI programs. These efforts
individual could make a fraudulent claim with                 include establishing agreements with states to
relatively low risk of being caught. For example, as          comply with all applicable requirements to receive
time went on, one fraudster could have been issued            funds, issuing operating guidance, and providing
several UI debit cards, with tens of thousands of             technical assistance to SWAs individually and
dollars on each card.                                         through webinars. DOL has included requirements
                                                              for SWAs to focus on program integrity in
The volume of UI investigative matters currently              guidance relevant to pandemic-related UI funds. In
under review is unprecedented in the OIG’s                    addition, DOL has reinforced the need for SWAs
history. Prior to the pandemic, the OIG opened                to actively work with the OIG to address fraud in
approximately 120 UI investigative matters annually.          the UI program. DOL is also working with SWAs
Since the pandemic started, the OIG has received              to further their participation with the UI Integrity
more than 144,000 UI fraud complaints from the                Center, established by DOL through a cooperative
U.S. Department of Justice’s (DOJ) National Center            agreement and operated by the National Association
for Disaster Fraud (NCDF) and has independently               of State Workforce Agencies (NASWA).
opened more than 39,000 investigative matters
concerning UI fraud. That is an increase of more              On August 31, 2021, the Department announced
than 1,000 times in the volume of UI work that                the establishment of the Office of Unemployment
we are facing. UI investigations now account for              Insurance Modernization to provide oversight and
approximately 94 percent of the OIG investigative             management of the $2 billion appropriated to UI
case inventory, compared to approximately 11                  initiatives by the American Rescue Plan Act of
percent prior to the pandemic.                                2021 (ARPA). The funding is aimed at preventing


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                    13
                                          Significant Concerns
and detecting fraud, promoting equitable access,          authority to require states to provide UI data to the
ensuring timely benefits payments, and reducing           OIG for audits. As a result, the OIG was forced to
backlogs. Of this $2 billion in funding, three            take the unprecedented step of using IG subpoenas
grant programs have been set up: (1) a $140               to obtain this critical data. That process took many
million program for fraud prevention grants to be         months and delayed our ability to detect fraud
awarded to states to cover subscription costs             early in the pandemic. The Department revisited
for identity verification tools, establishment and        its position and, on August 3, 2021, issued an
expansion of data analytics, and implementation           Unemployment Insurance Program Letter (UIPL)
of cybersecurity defense strategies; (2) a separate       advising SWAs they must provide UI data to the OIG
$260 million program for equity grants to be              for benefits paid under the authority of the CARES
awarded to states to improve customer service             Act. However, this was a temporary measure that
and claimant outreach, reduce claims backlogs,            applied to CARES Act UI programs, which sunsetted
and improve access for workers in communities             on September 6, 2021.8 Once the programs
that may have historically experienced barriers           covered by the UIPL expired in September, the OIG
to access; and (3) up to $200 million in funding          was back to not having routine access due to the
to support states in improving UI systems and             Department’s interpretation of its own regulation
processes following a consultative assessment             that it lacked authority to require states to provide UI
with a team of experts provided by DOL.                   data to the OIG for audit and investigative purposes.
                                                          While the Department has required states to
We plan to evaluate the effectiveness of the equity       provide OIG with access to UI data as a condition of
grants program as well as to continue our audit and       receiving fraud prevention grants, those grants are
investigative work on the Department’s and States’        not being provided to every state and the provision
ability to expeditiously and efficiently deploy UI        requiring OIG access is temporary and will expire
benefits while reducing improper payments.                with the grants on December 31, 2023.


Providing the OIG Access to UI                            The OIG requires permanent access to all UI
Claimant Data and Wage Records                            program data to conduct effective oversight.
                                                          In our June 16, 2021, alert memorandum,9 we
The OIG’s lack of direct access to UI claimant            recommended that ETA amend 20 CFR 603.5 and
data and wage records from SWAs is of
                                                          8
significant concern because this deficiency                   The CARES Act UI programs ended on September 6,

directly and adversely impedes the OIG’s ability          2021; however, states continue to process backlogged

to combat fraud, waste, and abuse and provide             claims, and they are required to submit payment data for

independent oversight to help DOL reduce                  the claims to the OIG.
                                                          9
improper payments in its programs, including                  Alert Memorandum: The Employment and Training

regular and temporary UI programs.                        Administration Needs to Issue Guidance to Ensure State
                                                          Workforce Agencies Provide Requested Unemployment

Prior to the pandemic, DOL required states to             Insurance Data to the Office of the Inspector General,

disclose UI data for fraud investigations with data       Report No. 19-21-005-03-315 (June 16, 2021), available

sharing agreements. DOL asserted it lacked the            at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-
                                                          005-03-315.pdf


14                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                             Significant Concerns
603.6(a) through the rulemaking process and that            earliest opportunity. In support of the OIG’s
ETA meet with the OIG to develop a permanent                oversight activities, the OIG needs access to
approach for the OIG to access UI data. We                  UI claimant data and wage records from SWAs
were optimistic the Department would work on its            to verify claimants’ eligibility for UI benefits,
regulation prior to the expiration of the CARES Act         including both initial eligibility (and amounts) and
programs, but, while the Department has been                continuing eligibility. Direct and timely access
cooperative, this did not happen. ETA has required          to these records will permit the OIG to identify
sharing of state UI data as a condition of the fraud        claimants who appear to be receiving benefits
prevention grants offered under ARPA. However,              while also earning wages. Further, direct and
the grants provide the OIG access only for those            timely access to UI data will allow the OIG to
states that chose to participate and only through           use our data analytics program to identify and
the end of 2023. Given that a few states are not            investigate complex identity theft and multistate
receiving grants and ETA has not effectuated                fraud schemes, as we have successfully done
another viable alternative for access to non-grantee        during the pandemic. The OIG could also
data in the short-term, the data provided to the            use UI data to assess the outcomes of UI
OIG will be incomplete; additional IG subpoenas             reemployment programs.
may be necessary. However, as noted, use of IG
subpoenas to obtain UI data on a recurring basis is         Congress should consider legislative action to
time-consuming and inefficient. Thus, the OIG would         authorize DOL and the OIG to have direct access
not be able to obtain UI data in a manner that would        to UI claimant data and wage records for our
allow it to more timely detect fraud.                       oversight responsibilities. Real time direct access
                                                            to SWA UI claimant data and wage records
The OIG must have easy and expeditious                      systems would further enable the OIG to quickly
access to state UI claimant and wage records                identify large-scale fraud and expand its current
to conduct appropriate audit and investigative              efforts to share emerging fraud trends with ETA
oversight of UI funds. As outlined in June 2021,            and SWAs in order to strengthen the UI program
disclosure limitations regarding UI potential               and prevent fraud before it occurs.
fraud data10 contradict the Inspector General Act
of 1978, as amended. To obtain access to UI                 In addition, data analytics based on the direct
data, the OIG had to issue two separate sets of             access would further enable our auditors to identify
IG subpoenas. The resulting delays equated to               program weaknesses and recommend corrective
the lack of detection and prevention of billions            action that will improve the timeliness of UI benefit
of dollars in potentially fraudulent claims at the          payments and the integrity of the UI program.
                                                            To underscore this point, based on the data that
10
     Alert Memorandum: The Employment and Training          was obtained by the OIG, our data scientists in
Administration Needs to Issue Guidance to Ensure State      our Office of Investigations and Office of Audit
Workforce Agencies Provide Requested Unemployment           worked collaboratively to identify nearly $17 billion
Insurance Data to the Office of the Inspector General,      in potential UI fraud paid in the four specific high-
Report No. 19-21-005-03-315 (June 16, 2021), available      risk areas, such as to multistate claimants and
at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-   deceased persons.
005-03-315.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                  15
                                           Significant Concerns
Protecting the Safety and Health of                          in September 2021, President Biden issued an
Workers                                                      executive order to write a rule requiring employers
                                                             with at least 100 workers to require employees to get
The Occupational Safety and Health Administration            vaccinated or produce weekly test results showing
(OSHA) is responsible for the safety and health              they are virus free. This rule was issued as an ETS
of 130 million workers employed at more than 8               on November 5, 2021, but subsequently withdrawn by
million establishments, and OSHA must ensure                 OSHA on January 26, 2022, after the U.S. Supreme
employers are providing the level of protection              Court ruled the Occupational Safety and Health Act of
required under relevant laws and policies. The OIG           1970 did not authorize the agency to issue it.
remains concerned about OSHA’s ability to target its
compliance activities to areas where it can have the         Protecting the Safety and Health of
greatest impact.                                             Miners

OSHA carries out its compliance responsibilities             The Mine Safety and Health Administration’s
through a combination of self-initiated inspections          (MSHA) ability to complete mine inspections while
and those resulting from complaints and referrals.           safeguarding the health of miners and the agency’s
However, because of resource limitations, the                staff during the COVID-19 pandemic is a concern
program only reaches a fraction of the regulated             for the OIG. Some MSHA inspectors self-identified
entities. Consequently, OSHA must target the                 as being at high risk during the pandemic, which
most egregious or persistent violators to protect            meant they were no longer required to perform
the most vulnerable worker populations. OSHA                 mine inspections. The reduction in the number of
faces challenges to ensure that workplaces where             inspectors able to conduct inspections, coupled
workers are exposed to safety and health violations          with the logistical challenges of the pandemic, is a
are sufficiently covered.                                    concern for the OIG. We are also concerned with
                                                             the high incidence of powered haulage accidents in
While OSHA has issued several guidance documents             mines, which accounted for almost half of all mine
to enhance safety provisions during the pandemic,            fatalities in 2021 and have been continuing a trend
guidance does not carry the weight of OSHA rules or          in which powered haulage accidents account for a
standards. In June 2021, more than a year into the           disproportionate share of overall fatalities over the
pandemic, OSHA issued an emergency temporary                 last several years. MSHA also needs to develop
standard (ETS) that only covered the health care             strategies to address lung disease in coal mining
industry. This emergency standard expired in                 states, particularly by updating regulations regarding
December 2021. OSHA then substantially withdrew              silica content in respirable dust.12 Respirable
the ETS, retaining only its logging and recordkeeping        crystalline silica can cause deadly and incurable
sections. Despite the withdrawal of the vaccine or           chronic conditions, such as black lung disease.
testing elements of the ETS, OSHA indicated it is            MSHA regulations on respirable silica have not
pursuing a final rule on the subject.11 In addition,
                                                             12
                                                                  MSHA Needs to Improve Efforts to Protect Coal Miners
11
     DOL OSHA, COVID-19 Vaccination and Testing ETS.         From Respirable Crystalline Silica, Report No. 05-21-001-
Updated January 25, 2022. https://www.osha.gov/              06-001 (November 12, 2020), available at: https://www.oig.
coronavirus/ets2                                             dol.gov/public/reports/oa/2021/05-21-001-06-001.pdf


16                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                               Significant Concerns
changed in many years, even as the acceptable limit        address the economic and workforce-related impacts
for silica exposure for workers other than miners has      of the opioid crisis. Research suggests that opioid
been significantly decreased by OSHA regulations.          dependency has been a leading cause of workforce
                                                           exits for workers ages 25 to 54. To date, ETA has
Improving the Performance                                  approved up to $143 million in grants to address the
Accountability of Workforce                                opioid crisis. It is vital that the Department monitor
Development Programs                                       the performance of the discretionary grants it has
                                                           awarded for the delivery of services to employers and
                                                           workers affected by the opioid crisis.
The OIG has concerns about the Department’s
ability to ensure its investment in workforce
                                                           As expressed in a March 2022 advisory report,14
development programs is successful in advancing
                                                           the OIG continues to be concerned about three
participants’ skills and placing them in suitable
                                                           areas in particular where our body of work has
employment. The pandemic continues to highlight
                                                           identified weaknesses: awarding grants, reviewing
the importance of the Department’s workforce
                                                           grantees’ use of funds, and measuring grantee
development programs assisting job seekers and
                                                           performance. Additional funding related to the
employers in finding and filling available jobs and
                                                           COVID-19 pandemic has increased the need for
assisting workers in developing the right skills to fill
                                                           ETA to ensure issues do not reoccur. Our June
new job openings. The Department’s ability to obtain
                                                           2020 advisory report15 noted areas of concern
accurate and reliable data to measure, assess, and
                                                           that ETA should keep in mind when spending
make decisions regarding the performance of grant
                                                           the additional $345 million allocated under the
recipients, contractors, and states in meeting the
                                                           CARES Act through grants to assist dislocated
programs’ goals is critical.
                                                           workers adversely affected by the pandemic.
                                                           The areas of concern were related to program
The Department needs to ensure its investments
                                                           eligibility, effectiveness, and compliance and
in credential attainment align with local employers’
                                                           monitoring. While ETA has taken action to address
needs and are having the desired impact on
                                                           many related findings and recommendations, it
participants’ ability to obtain or advance in a job. In
                                                           must also proactively monitor the three key areas
a 2018 audit13 that followed up on the employment
                                                           identified in the March 2022 advisory report and
status of a sample of Job Corps students 5 years
                                                           continue to assess for these weaknesses to
after they left the program, we found that Job Corps
                                                           ensure they do not reoccur.
faced challenges in demonstrating the extent to which
its training programs helped those participants
                                                           14
                                                                Advisory Report: ETA’s Management of Workforce
obtain meaningful jobs appropriate to their training.
                                                           Development Grants: Key Concerns, Report No. 09-22-
                                                           001-03-001 (March 31, 2022), available at: https://www.oig.
In March 2018, ETA announced the National Health
                                                           dol.gov/public/reports/oa/2022/09-22-001-03-001.pdf
Emergency Grant program to help communities
                                                           15
                                                                Advisory Report: CARES Act: Key Areas of Concern
13
     Job Corps Could Not Demonstrate Beneficial Job        Regarding Implementation of Dislocated Worker Grant
Training Outcomes, Report No. 04-18-001-03-370 (March      Provisions, Report No. 19-20-005-03-391 (June 23,
30, 2018), available at: https://www.oig.dol.gov/public/   2020), available at: https://www.oig.dol.gov/public/reports/
reports/oa/2018/04-18-001-03-370.pdf                       oa/2020/19-20-005-03-391.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                    17
                                          Significant Concerns
Ensuring Safety During On-Site                            challenge for Job Corps centers. The OIG audits
Instruction at Job Corps Centers                          from 201516 and 201717 revealed that some Job

and Implementing Distance Learning                        Corps centers failed to report and investigate serious
                                                          misconduct, such as drug abuse and assaults. The
During the Pandemic
                                                          audits also disclosed that some Job Corps centers
                                                          downgraded incidents of violence to lesser infractions,
The OIG is concerned about the ability of Job Corps
                                                          creating an unsafe environment for students and
to mitigate the risk and spread of COVID-19 across
                                                          staff. The follow-up work we completed in December
the centers. Like many other educational institutions,
                                                          201718 and our ongoing review of Job Corps’ corrective
preventing outbreaks of COVID-19 at Job Corps
                                                          actions showed that Job Corps has taken steps to
centers continues to be a significant priority. Job
                                                          improve center safety and security by establishing
Corps centers are mostly residential, with students
                                                          internal controls and revising policy. However, student
and some staff living on campus. While Job Corps
                                                          misconduct concerns continue, and a March 2021
has implemented its distance learning programs,
                                                          OIG audit report19 showed that the current process
the OIG is concerned with two issues related to
                                                          does not provide Job Corps centers the appropriate
distance learning. First, many Job Corps programs,
                                                          tools and resources to properly evaluate applicants
such as plumbing and carpentry, are intensively
                                                          for substance abuse and mental health issues as
hands-on and may not successfully transition to
                                                          they enter the program and does not ensure centers
a virtual training model. Second, many Job Corps
                                                          have the necessary resources to mitigate them.
students may not have access to the equipment
                                                          While ETA told us it increased nursing and mental
or high-speed Internet services they need in order
                                                          health consultants’ hours at every center to help
to effectively participate in distance learning.
                                                          address these concerns, it determined pre-enrollment
To address these concerns, Job Corps granted
extensions allowing students to physically return         16
                                                               Job Corps Needs to Improve Enforcement and Oversight
to Job Corps to complete their hands-on training
                                                          of Student Disciplinary Policies to Better Protect Students
components and procured and distributed laptops
                                                          and Staff at Centers, Report No. 26-15-001-03-370
and mobile hotspots to students to participate in
                                                          (February 27, 2015), available at: https://www.oig.dol.gov/
distance learning. Finally, the OIG is concerned with
                                                          public/reports/oa/2015/26-15-001-03-370.pdf
the potential learning gaps, such as those caused         17
                                                               Review of Job Corps Center Safety and Security, Report
by delays to in-person instruction, that occurred
                                                          No. 26-17-001-03-370 (March 31, 2017), available at:
because of the temporary suspension of Job Corps
                                                          https://www.oig.dol.gov/public/reports/oa/2017/26-17-001-
instructional programs at the onset of the pandemic
                                                          03-370.pdf
and with how Job Corps intends to remediate these         18
                                                               Job Corps Took Action to Mitigate Violence, Drugs and
potential learning gaps.
                                                          Other Student Misconduct at Centers, But More Needs to
                                                          Be Done, Report No. 26-18-001-03-370 (December 29,
Ensuring the Safety of Students and                       2017), available at: https://www.oig.dol.gov/public/reports/
Staff at Job Corps Centers                                oa/2018/26-18-003-03-370.pdf
                                                          19
                                                               Job Corps Should Improve Its Pre-Admission Evaluation
In addition to the safety challenges posed by the         Process, Report No. 05-21-001-03-370 (March 25, 2021),
COVID-19 pandemic, averting on-campus violence            available at: https://www.oig.dol.gov/public/reports/
and other potentially criminal behavior remains a         oa/2021/05-21-001-03-370.pdf


18                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                               Significant Concerns
behavioral assessments, of the type OIG identified,           post-2003 rules revamped the PERM, H-2A, and
are not feasible legally or programmatically and              H-2B visa programs, and addressed some of the
pre-enrollment academic readiness screening of                vulnerabilities cited in audits and investigations by
prospective students does not align with the program’s        the OIG and the Government Accountability Office.
eligibility criteria and overall purpose to serve a diverse   Those same rules created challenges regarding
collection of youth. The OIG continues to monitor             DOL’s responsibilities. Additionally, DOL continues
various safety initiatives and actions taken by Job           to have limited authority over the H-1B and PERM
Corps to keep students and staff safe.                        programs which challenges the goal of protecting
                                                              the welfare of the nation’s workforce.
Maintaining the Integrity of Foreign
Labor Certification Programs                                  The statute limits DOL’s ability to deny H-1B
                                                              applications. Specifically, DOL may only deny
The DOL foreign labor certification (FLC) programs            incomplete and obviously inaccurate H-1B
are intended to permit U.S. employers to hire                 applications and has only limited authority to
foreign workers to meet their workforce needs while           conduct H-1B investigations in the absence of
protecting U.S. workers’ jobs, wages, and working             a complaint. DOL has recently established a
conditions. DOL’s administration of FLC programs              process to begin utilizing the Secretary-initiated
under current laws has been a concern for the                 H-1B investigations. The PERM program itself is
OIG for decades. Investigations have shown these              persistently vulnerable to employers not complying
visa programs, in particular the H-1B program for             with its qualifying criteria. Therefore, both the PERM
workers in specialty occupations, to be susceptible           and H-1B programs remain highly prone to fraud.
to significant fraud and abuse from perpetrators,
including certain immigration agents, attorneys,              With various new DOL rules going into effect since
labor brokers, employers, and, most often, organized          2003, there have been opportunities for the PERM,
criminal enterprises.                                         H-2A, and H-2B visa programs to change. For
                                                              example, these new rules implemented employer
In 2003, the OIG issued a white paper20 outlining             attestation programs, which allow employers to
vulnerabilities that then existed in four FLC                 agree to the conditions of employment without
programs, permanent employment certification                  providing supporting documentation to validate their
program (PERM), H-1B, H-2A, and H-2B, and, in                 agreements. However, DOL has identified instances
2020, we issued a similar report.21 We found the              in which employers are not complying with the
                                                              conditions of employment, thereby reinforcing how
20
     Overview and Assessment of Vulnerabilities in the        susceptible these programs are to fraud.
Department of Labor’s Alien Labor Certification Programs,
Report No. 06-03-007-03-321 (September 30, 2003),             Finally, DOL has established a risk-based process
available at: https://www.oig.dol.gov/public/reports/         to determine which H-2A and H-2B applications
oa/2003/06-03-007-03-321.pdf                                  to audit. The new selection process identifies
21
     Overview of Vulnerabilities and Challenges in Foreign    appropriate risk factors based on adjudication
Labor Certification Programs, Report No. 06-21-001-03-        experience and available H-2A and H-2B application
321 (November 13, 2020), available at: https://www.oig.       processing data. DOL has implemented the process
dol.gov/public/reports/oa/2021/06-21-001-03-321.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                  19
                                             Significant Concerns
and started the audits. Because the process is still         Savings Plan (TSP) assets. FERSA requires EBSA
new, it is difficult for ETA to determine whether the        to conduct regular compliance audits to determine
applications audited were those most likely to result        whether the Federal Retirement Thrift Investment
in violations eligible for employer debarment.               Board (FRTIB), an independent agency, is fulfilling
                                                             its fiduciary duties and properly safeguarding
Protecting the Security of Employee                          TSP participants’ assets; however, EBSA has no
Benefit Plan Assets                                          legal authority to compel FRTIB to implement its
                                                             recommendations.
The OIG remains concerned about the Employee
Benefits Security Administration’s (EBSA) ability            Managing Medical Benefits in the
to protect the benefit plans of about 158 million            Office of Workers’ Compensation
workers, retirees, and their families under the              Programs
Employee Retirement Income Security Act (ERISA)
of 1974. In particular, the OIG is concerned about           The OIG has concerns about the ability of the
the statutory limitations on EBSA’s oversight                Office of Workers’ Compensation Programs’
authority and inadequate resources to conduct                (OWCP) to effectively manage rising home health
compliance and enforcement. A decades-long                   care costs in the Energy Employees Occupational
challenge to EBSA’s compliance program, ERISA                Illness Compensation Program Act (Energy
provisions allow billions of dollars in pension assets       Workers) program, and about the use and cost
to escape full audit scrutiny. In 2013, we reported22        of pharmaceuticals in the Federal Employees’
that as much as $3.3 trillion in pension assets,             Compensation Act (FECA) program. The
including an estimated $800 billion in hard-to-value         Department needs to make sure it has controls
alternative investments, held in otherwise regulated         in place to ensure that the medical benefits it
entities such as banks, received limited-scope               provides to energy workers and FECA program
audits that provided few assurances to participants          claimants are safe, effective, medically necessary,
regarding the financial health of their plans. EBSA          and cost-effective.
needs to focus its limited available resources on
investigations that are most likely to result in the         In the Energy Workers program, with an aging
deterrence, detection, and correction of ERISA               claimant population and an increased demand for
violations, particularly given the number of benefit         home health care services, there is a potential
plans EBSA oversees relative to the number of                for providers to exploit these benefits through
investigators it employs. Finally, EBSA lacks the            unauthorized or unnecessary billing. Since 2010,
authority under the Federal Employees’ Retirement            home health care costs paid by the Energy Workers
System Act (FERSA) to effectively oversee more               program have grown from $100 million to more than
than $769.4 billion in federal employee Thrift               $675 million, amounting to 74 percent of all medical
                                                             benefits paid by the program in Fiscal Year (FY)
22
     EBSA Needs to Provide Additional Guidance and
                                                             2020. OWCP needs to continue its efforts to analyze
Oversight to ERISA Plans Holding Hard-to-Value
                                                             home health care billing for abusive practices and to
Alternative Investments, Report No. 09-13-001-12-121
                                                             identify and refer allegations involving potential fraud
(September 30, 2013), available at: https://www.oig.dol.
                                                             or abuse to the OIG for further investigation.
gov/public/reports/oa/2013/09-13-001-12-121.pdf


20                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                          Significant Concerns
In the FECA program, we are currently conducting          on coal) is not sufficient to cover annual benefit
an audit to determine if OWCP effectively managed         obligations to meet administrative costs and to
pharmaceutical spending from FY 2015 to FY                service past debt. The BLDTF expenditures have
2020. Past audits have identified internal control        consistently exceeded revenue and it has essentially
weaknesses related to OWCP’s management of                borrowed with interest from the U.S. Department
pharmaceuticals. For example, OWCP allowed                of the Treasury’s (Treasury) general fund almost
increases in billing statements for compounded            every year since 1979. According to DOL’s FY 2021
drugs to go undetected and failed to identify the         Agency Financial Report, the BLDTF had to borrow
overuse of opioids. Given the high risk of fraud          approximately $2.3 billion to cover its expenditures,
related to prescription payments, OWCP needs              which included debt and interest payments. As of
to analyze and monitor FECA program costs to              September 30, 2021, the BLDTF was carrying close
promptly detect and address emerging issues before        to a $6.1 billion deficit balance, which is projected
they manifest into material concerns.                     to grow to nearly $13 billion (in constant dollars) by
                                                          September 30, 2046.
Consistent with prior audit recommendations by
the OIG, OWCP imposed restrictions on opioid              The excise tax that funds the BLDTF is levied on
prescriptions in September 2019. In addition, in          domestic sales of coal mined in the United States.
March 2021, OWCP contracted with a pharmacy               On January 1, 2022, the temporary increased
benefits manager (PBM) that will be responsible           tax rates of $1.10 per ton of underground-mined
for pharmaceutical transactions, including                coal and $0.55 per ton of surface-mined coal sold
implementation of FECA eligibility determinations         were reduced to the rates originally set when the
and pricing for pharmaceutical drugs. OWCP needs          trust fund was established in 1978 at $0.50 per
to provide adequate oversight over the PBM to             ton of underground-mined coal and $0.25 per ton
ensure that it is providing the most cost-effective and   of surface-mined coal. The House Committee on
safe medical benefits. OWCP should also continue          Education and Labor introduced the bill, Black
to monitor the COVID-19 pandemic and potential            Lung Benefits Disability Trust Fund Solvency Act
impacts on its ability to provide timely and effective    of 2022, to extend the temporary excise tax rates
benefits to injured workers.                              for 10 years through December 31, 2031, but it has
                                                          not yet been enacted in law. The excise tax rate
Ensuring the Solvency of the Black                        reduction plus the reduction in coal production will
Lung Disability Trust Fund                                result in decreased cash inflows to the BLDTF. The
                                                          Congressional Research Service reported in 2019
Miners and their dependent survivors receive lifetime     that “the decline in the excise tax rates will likely put
benefits when awarded under the Black Lung                additional financial strain on a trust fund that already
Benefits Act. Mine operators pay these benefits           borrows from the general fund to meet obligations.”23
when possible, and the Black Lung Disability Trust
Fund (BLDTF) pays the benefits when a miner’s
                                                          23
                                                               Congressional Research Service, The Black Lung

former employer does not or cannot assume liability.      Program, the Black Lung Disability Trust Fund, and the

The OIG’s primary concern is that the current annual      Excise Tax on Coal: Background and Policy Options,

income of the BLDTF (primarily from an excise tax         Report No. R45261 (January 18, 2019), available at:
                                                          https://crsreports.congress.gov/product/pdf/R/R45261/9


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                   21
                                         Significant Concerns
Securing and Protecting Information
Management Systems

We remain concerned about the Department’s
ability to safeguard its data and information
systems. The Department’s agencies rely on its
information technology (IT) systems to obtain and
create vast amounts of information and data in
carrying out their missions, and included in these
data are the PII and personal health information
of the public, including federal employees. Over
the past several years, the Department has made
significant changes in the way it provides IT
services to its program agencies. These changes
included transitioning from a program agency-
operated model to a shared services model,
centralizing information technology under the Office
of the Assistant Secretary for Administration and        in the performance of security control assessments,
Management. While these changes have made                account management controls, configuration
improvements in managing the Department’s                management, and maintenance of system security
information technology, we continue to have              plans. These deficiencies continue to hinder the
concerns in the following areas:                         Department in identifying security weaknesses;
•    information system security,                        protecting its systems and data; and detecting,
                                                         responding to, and recovering from incidents.
•    supply chain,
•    cloud/third party,                                  While Supply Chain Risk Management (SCRM)
•    end user/remote security.                           has been an on-going concern, recent cyber
                                                         attacks, such as the 2020 Solar Winds attack,
Securing the Department’s information systems            which took advantage of the supply chain
remains a concern as we continue to identify             process, has increased awareness and related
recurring deficiencies in the Department’s efforts       concerns throughout the industry and the federal
to manage and implement security controls                government. As a new domain for our annual
within identity and configuration management.            information security testing, we determined that
In addition, we determined the Department has            DOL has not adequately defined SCRM policies,
not adequately implemented the technology tools          procedures, and strategies.
required to manage and monitor IT security.
Recurring deficiencies were identified in four of        The Department continues to move its information
the five information security functional areas (as       systems to a shared services model and expand
defined by the National Institute of Standards and       its use of cloud and third-party providers for its
Technology Cybersecurity Framework) and occurred         information systems, infrastructure, and services.


22                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                        Significant Concerns
DOL’s ability to provide oversight and management       These areas of concern represent ongoing risks
required of these systems and services is still an      to the confidentiality, integrity, and availability of
issue. We continue to identify deficiencies in the      DOL’s information systems, which are necessary
Department’s oversight of information systems           to support the Department’s mission. Our concern
managed and/or operated by a third-party on             is whether DOL can implement the necessary
behalf of the Department. As DOL continues this         strategies and tools to provide sufficient capability
transition, the Department’s ability to provide the     and effective security for the Department’s data
oversight and to retain the specialized knowledge       and information systems as well as to support the
and expertise required to protect and manage            execution of its mission.
its systems, including the contracted systems,
remains at risk. Our recent reviews identified          Improving Job Corps’ Procurement
inadequate oversight of continuous monitoring           Process
reviews and third-party systems. Also, prior
year recommendations regarding validation of            Job Corps spends about $1 billion on goods
annual third-party and cloud service provider           and services annually for 121 centers and is
assessments and continuous monitoring training          currently transitioning center operations from
remained unimplemented.                                 cost reimbursement to fixed-price contracts.
                                                        The Department believes that this transition will
As we return to the office, the Department is           lower government risk, reduce the administrative
changing its work and IT landscape to significantly     burden, generate more pre-award efficiencies, and
expand remote and telework operations for its           encourage more competition for contracts. Increased
employees. This expansion raises our concern            competition among contractors should lead to better
with the DOL’s ability to secure the changing           contractor performance with fewer staffing shortages
and expanding endpoint security requirements.           and improved services, including those for centers’
In the past few years, more DOL employees are           safety and security.
teleworking and more computers are connected
remotely or connected as a service to primary           We are concerned about the transition to fixed-
office locations. DOL needs to ensure the               price contracting because prior OIG work in this
endpoint security between all connection points         area found that Job Corps procurement processes
and review data transmission. Network access            did not ensure the best value for taxpayers.24 As
control becomes less coordinated as different           the Department moves to fixed-price contracting,
“software as a service” (SaaS) methods and non-         the Department must continue to ensure its
centralized systems are required to be managed          contract requirements are well developed, contract
independently. Unpatched systems are continual          competition is fair, and sound post-award oversight
targets and patching may or may not be a portion        is used to quickly ameliorate deficiencies and poor
of a service rather than a direct responsibility.       performance.
Without the technical, contractual, and wider
scoped training, cyberattacks and data fraud are         24
                                                              Job Corps National Contracting Needs Improvement
due to increase with the shift in working patterns       to Ensure Best Value, Report No. 26-13-004-03-370
and new remote services.                                 (September 27, 2013), available at: https://www.oig.dol.
                                                         gov/public/reports/oa/2013/26-13-004-03-370.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                 23
Worker and Retiree
Benefit Programs
                                  Worker and Retiree Benefit Programs

                Unemployment Insurance Programs
     Enacted more than 80 years ago as a federal-state partnership, the unemployment insurance (UI) program
     is the Department’s largest income-maintenance program. This multibillion-dollar program provides
     unemployment benefits to eligible workers who become unemployed through no fault of their own. Although
     the program’s framework is determined by federal law, the benefits for individuals depend on state law and,
     generally, state funding of benefits that are administered by State Workforce Agencies (SWA) in jurisdictions
     covering the 50 states, the District of Columbia, and U.S. territories, under the oversight of DOL’s Employment
     and Training Administration (ETA). The federal government pays the program’s administrative expenses.


          OIG OVERSIGHT OF THE UI                              paid to the right person in the correct amount.
                 PROGRAM                                       Each SWA:25
                                                               •     administers a separate UI program under its
                   BACKGROUND                                        laws, but follows uniform guidelines established
                                                                     by federal law;
The OIG has remained committed to meeting
                                                               •     establishes requirements for eligibility, benefit
the challenges created by the COVID-19
                                                                     amounts, and the length of time that benefits can
pandemic and to assisting DOL and Congress
                                                                     be paid; and
in improving the efficiency and integrity of the
UI program. Strengthening the UI program to                    •     manages the personnel and system resources to
prevent fraud before it occurs and to detect it                      administer their respective programs.
when it does are key objectives to ensure that
unemployed workers expeditiously receive                       UI benefits are generally funded by state employer
much-needed benefits while safeguarding tax                    taxes with administrative costs funded by the
dollars directed toward that goal.                             federal government. The UI program requires
                                                               states to make weekly benefit payments while
      OVERVIEW OF THE UI PROGRAM                               ensuring claimants meet eligibility requirements.
                                                               Extensions and expansions of coverage and
The UI program is a joint federal-state program                benefits, such as those provided by the CARES
that is the first economic line of defense against             Act and subsequent legislation, are normally
the collective impact of unemployment. The                     funded by the federal government.
program acts as a safety-net for individuals who
                                                               25
                                                                    There are 53 SWAs, including the 50 states, the U.S.
lose their jobs through no fault of their own. The
                                                               Virgin Islands, Puerto Rico, and the District of Columbia.
UI program is required to make timely weekly
                                                               The CARES Act also provided certain UI benefits to
benefit payments to provide needed assistance
                                                               American Samoa, Commonwealth of the Northern Mariana
to unemployed workers. It is equally important
                                                               Islands, Federated States of Micronesia, Guam, Marshall
that the program have sufficient controls in place
                                                               Islands, and the Republic of Palau, provided the territory
to quickly determine that benefits are or were
                                                               signs an agreement with the Department.


26                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                 Worker and Retiree Benefit Programs
DOL’s ETA is the federal agency responsible for             anticipating and addressing the increased risk that
providing program direction and oversight. The OIG          came with the expanded funding was also vital to
conducts independent oversight of the UI program            meeting the intent of the act. As the OIG’s prior
through audits to strengthen the integrity and              audit work has shown, quickly deploying funds can
efficiency of the program and criminal investigations       result in shortcomings in the effective and efficient
to detect and deter large-scale fraud. The OIG’s            implementation of stimulus programs. For example,
federal criminal investigations are time and resource-      a 2011 audit report 27 found states took over a year
intensive and one of the last lines of defense in           to spend most of the American Reinvestment and
safeguarding the UI program from fraud.                     Recovery Act of 2009 (Recovery Act) funding
                                                            available for emergency staffing, and at least 40
         OIG SIGNIFICANT CONCERNS                           percent of funding for this purpose was unspent
                                                            after 15 months. In addition, a separate audit report
The OIG has repeatedly reported significant concerns        on the Recovery Act 28 found $1.3 billion of the $7
with DOL and SWA’s ability to deploy program                billion DOL provided to states for UI modernization,
benefits expeditiously and efficiently while ensuring       including IT modernization, would likely not have
integrity and adequate oversight, particularly in           been spent before their period of availability
response to national emergencies and disasters. The         expired. To access these funds, states had to
OIG reiterated these concerns following the                 meet certain UI law modernization criteria; once
economic downturn created by the pandemic and the           accessed, the funds could be spent for several
unprecedented levels of federal funding allocated to        purposes including to modernize IT systems. Of
the UI program, currently estimated at approximately        the funds spent from the $7 billion, states did
$872.5 billion. Less than a month after the CARES           not always take advantage of the opportunity to
Act passed, we published an advisory report26               modernize their IT systems.
outlining areas of concern that ETA and the states
should consider as they implemented the UI                  To implement the new UI programs authorized
provisions included in the CARES Act. Our                   by the CARES Act in March 2020, states needed
identification of these areas represents years of work      sufficient staffing and system resources to manage
relating to DOL’s UI program, including the use of          the extraordinary increases in the number of claims
prior stimulus funds and response to past disasters.        and payments. Since the start of the pandemic, our


Deploying Benefits Expeditiously and                        27
                                                                 Recovery Act: DOL Could Have Better Monitored the

Efficiently                                                 Use of Re-employment Services Funds to Adhere to
                                                            Standards for Transparency and Accountability, Report
                                                            No. 18-11-005-03-315 (March 31, 2011), available at:
Rapid deployment of CARES Act funding was
                                                            https://www.oig.dol.gov/public/reports/oa/2011/18-11-005-
critical in helping workers in need. However,
                                                            03-315.pdf
26
     CARES ACT: Initial Areas of Concern Regarding          28
                                                                 Recovery Act: More Than $1.3 Billion in Unemployment
Implementation of Unemployment Insurance Provisions         Insurance Modernization Incentive Payments Are Unlikely
Report No. 19-20-001-03-315 (April 21, 2020), available     to Be Claimed by States, Report No. 18-10-012-03-315
at: https://www.oig.dol.gov/public/reports/oa/2020/19-20-   (September 30, 2010), available at: https://www.oig.dol.
001-03-315.pdf                                              gov/public/reports/oa/2010/18-10-012-03-315.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                     27
                                   Worker and Retiree Benefit Programs
audit work confirmed the Department and states                   identified that it took, on average, 38 days for
continued to face challenges in these areas as                   the first payment after the CARES Act passed.
they endeavored to implement the new temporary                   Also, we identified delays in payments for two
UI programs authorized by the CARES Act. State                   other new programs: it took 25 days for the
preparedness through staffing and systems was                    Federal Pandemic Unemployment Compensation
one of the six areas we reported in April 2020 as a              (FPUC) program and 50 days for the Pandemic
continued challenge for the Department and states.               Emergency Unemployment Compensation (PEUC)
                                                                 program.31 Continued programmatic weaknesses
Furthermore, we also reported on the program                     led to workers unemployed through no fault of their
that posed the greatest risk to the UI system,                   own suffering lengthy delays in receiving benefits.
the Pandemic Unemployment Assistance (PUA)
program. PUA’s expanded coverage for a population                History of Improper Payments,
of claimants who were traditionally ineligible                   Including Fraud
to receive UI benefits29 presented significant
challenges to states as they designed and                        For more than 20 years, the OIG has reported
implemented processes to determine initial and                   on the Department’s challenges to measure,
continued program eligibility. The OIG reported                  report, and reduce improper payments in
the risk of fraud and improper payments was                      the UI program. Indeed, the UI program has
even higher under PUA because claimants could                    experienced some of the highest improper
self-certify their eligibility for UI and alerted ETA            payment rates across the federal government.
to establish methods to detect fraud and recover                 The reported improper payment estimate for the
improper payments.                                               regular UI program has been above 10 percent
                                                                 for 14 of the last 18 years.
Our subsequent reports identified continued
programmatic weaknesses in each of these                         The UI program requires states to make
same areas. For example, the OIG had audited                     weekly benefit payments while ensuring
the Disaster Unemployment Assistance (DUA)                       claimants meet eligibility requirements. A
program and found the Department had not                         SWA may determine a payment is improper
established adequate controls to ensure benefits                 after a claimant receives benefits based on
were paid timely.30 Similarly, for PUA, we                       new information that was unavailable when
                                                                 the SWA approved the benefit payment or as
29
     The new PUA program extended unemployment benefits          a result of the requirement that claimants be
to self-employed, independent contractors, those with            provided with due process prior to stopping
limited work history, and other individuals not traditionally    payment of benefits. Improper payments have
eligible for unemployment benefits who were unable to            occurred as a result of four top causes:
work as a direct result of COVID-19.
                                                                 31
30
     ETA Should Do More to Assist Vulnerable States                   Also, the 12 states we selected for in-depth analysis
Prepare for Disaster Unemployment Assistance                     were generally unable to demonstrate they met the
Program Implementation, Report No. 04-20-002-03-315              payment promptness standard ETA established for regular
(September 29, 2020), available at: https://www.oig.dol.         UI payments, which is to pay 87 percent of claimants
gov/public/reports/oa/2020/04-20-002-03-315.pdf                  within 14 or 21 days.


28                                                    Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   Worker and Retiree Benefit Programs
•      Claimants Do Not Meet Work Search                       The CARES Act provided significant funding to the
       Requirements32 – Claimants who fail to                  state-federal UI program, which resulted in hundreds
       demonstrate they meet state requirements for            of billions of dollars in additional payments. New
       work search;                                            UI programs under the CARES Act meant more
•      Benefit Year Earnings – Claimants who                   workers qualified,33 all unemployed workers received
       continue to claim benefits after they return to         a supplement per week in addition to their regular
       work, or who misreport earnings during a week in        benefit amount, and individuals who exhausted
       which benefits are claimed;                             their regular unemployment benefits were provided
                                                               additional weeks of unemployment compensation.
•      Employers Do Not Timely Report Employees’
                                                               Also, UI claims could be backdated to the beginning
       Separation – Employers or their third-party
                                                               of the eligibility period. With the legislative
       administrators who fail to provide timely and
                                                               extensions, claimants could receive up to 79 weeks
       adequate information about why individuals
                                                               of UI payments.
       separated from their employment; and
•      Fraud – Claims based on fraudulent schemes,             In June 2020, the OIG provided a member
       such as those perpetrated during the pandemic.          briefing34 and a statement for the record35 to
                                                               Congress highlighting challenges DOL and SWAs
                 A PERFECT STORM                               faced in administering and overseeing the UI
                                                               program as well as the substantially increased
Following the start of the pandemic in the United              fraud risk. The expanded coverage offered under
States in early 2020, unemployment compensation                the PUA program posed significant challenges
claims rose exponentially to historically                      to states as they implemented processes to
unprecedented levels. Prior to the pandemic,                   determine initial and continued program eligibility
numbers of UI claims were low: on March 14, 2020,              for participants. The reliance solely on claimant
the Department reported 282,000 initial claims.
Within 2 to 3 weeks, initial claims rose to 10 times           33
                                                                    The PUA program provided UI benefits to those not
pre-pandemic levels, far higher than state systems             traditionally eligible for UI who are unable to work as a
were designed to handle. Within 5 months, through              direct result of the public health emergency.
August 15, 2020, the Department reported 57.4                  34
                                                                    “Subcommittee on Government Operations Briefing
million initial claims, the largest increase since the         with the Inspector General for the Department of Labor.”
Department began tracking UI data in 1967.                     Statement of Scott S. Dahl, Inspector General, U.S.
                                                               Department of Labor House Committee on Oversight and
32
     The Middle Class Tax Relief and Job Creation Act of       Reform; Subcommittee on Government Operations (June
2012, requires that individuals receiving UI benefits must     1, 2020), available at: https://www.oig.dol.gov/public/
be able to work, available to work, and actively seeking       testimony/20200601.pdf
                                                               35
work, as a condition of eligibility for regular compensation        “Unemployment Insurance During COVID-19: The
for any week. Accordingly, states generally require that       CARES Act and the Role of Unemployment Insurance
unemployed workers demonstrate they were actively              During the Pandemic.” Statement for the Record of Scott
seeking work. Work search overpayments occur when              S. Dahl, Inspector General, U.S. Department of Labor
states pay UI claimants who do not demonstrate that they       Senate Committee on Finance (June 9, 2020), available
were actively seeking work.                                    at: https://www.oig.dol.gov/public/testimony/20200609.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                           29
                              Worker and Retiree Benefit Programs
self-certifications without evidence of eligibility      has been applied to two of three key pandemic UI
and wages during the program’s first 9 months            programs, PEUC and FPUC. ETA states it will report
rendered the PUA program extremely susceptible           the third program, PUA, in 2022.
to improper payments and fraud.
                                                         Applying the 18.71 percent to the estimated $872.5
The unprecedented infusion of federal funds into the     billion in pandemic UI payments,36 at least $163
UI program gave individuals and organized criminal       billion in pandemic UI benefits could have been paid
groups a high-value target to exploit. That, combined    improperly, with a significant portion attributable to
with easily attainable stolen personally identifiable    fraud. Based on the OIG’s audit and investigative
information and continuing UI program weaknesses         work, the improper payment rate for pandemic UI
identified by the OIG over the last several years,       programs is likely higher than 18.71 percent.
allowed criminals to defraud the system. Because
many states were not prepared to process the             OIG PANDEMIC INVESTIGATIVE WORK
extraordinary volume of new UI claims and struggled
to implement new UI programs, many internal              The volume of UI investigative matters currently
fraud controls that had been traditionally used or       under review is unprecedented in the OIG’s
recommended for the processing of UI claims were         history. Prior to the pandemic, the OIG opened
not initially implemented. This created a situation      approximately 120 UI investigative matters annually.
where fraudsters had a high-reward target where          Since the pandemic started, the OIG has received
an individual could make a fraudulent claim with         more than 144,000 UI fraud complaints from the
relatively low risk of being caught. For example, as     U.S. Department of Justice’s (DOJ) National Center
time went on, one fraudster could have been issued       for Disaster Fraud (NCDF) and has independently
several UI debit cards, with tens of thousands of        opened more than 39,000 investigative matters
dollars on each card.                                    concerning UI fraud. That is an increase of more
                                                         than 1,000 times in the volume of UI work that
Estimating the overall improper payment rate             we are facing. UI investigations now account for
for the pandemic UI programs is critical for the         approximately 94 percent of the OIG investigative
efficient operation of the program. The OIG              case inventory, compared to approximately 11
maintains that ETA and the SWAs, under their             percent prior to the pandemic.
program operating responsibilities, must determine
the improper payment rate, including the fraud           In response to the extraordinary increase in
rate, for pandemic UI programs. The Inspector            oversight demands, the OIG hired additional criminal
General Act of 1978 prohibits the OIG from
undertaking program operating responsibilities.          36
                                                              ETA’s reported improper payment rate estimate of 18.71
In August 2020, we recommended that ETA                  percent does not include the PUA program. However,
estimate the improper payment rate for pandemic          it is the most current improper payment rate from ETA.
UI programs. In December 2021, consistent with           Furthermore, PUA had control weaknesses that may have
our recommendation, ETA reported an improper             facilitated comparable or greater improper payments.
payment rate of 18.71 percent. The OIG notes this        Therefore, applying ETA’s rate to all of the estimated
estimate is based on the regular UI program and          $872.5 billion in CARES Act UI payments including PUA
                                                         would equate to at least $163 billion in improper payments.


30                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                 Worker and Retiree Benefit Programs
investigators; increased the caseload of investigators               regarding fraud trends, best practices, red
already onboard; deployed federal and contract staff                 flags, and more.38
to review DOL and SWAs’ efforts; and strengthened
our data analytics program. In addition, we took              When the OIG identifies anti-fraud measures that
several other actions to augment our efforts,                 may help the program detect and stop fraud, we
including the following:                                      share them with the Department and SWAs as
•     initiated the development of a National                 appropriate. For example, in alert memoranda issued
      Unemployment Insurance Fraud Task Force                 in February39 and June 2021,40 our
      (NUIFTF),37 alongside DOJ;                              investigators, auditors, and data scientists
                                                              collaborated to identify nearly $17 billion of
•     collaborated with DOJ on the strategic
                                                              potentially fraudulent UI benefits paid in four high risk
      assignment of 12 term-appointed assistant
                                                              areas to individuals with Social Security numbers:
      United States attorneys assigned solely to
                                                              (1) filed in multiple states, (2) of deceased persons,
      prosecute UI fraud;
                                                              (3) of federal prisoners, and (4) used to file for UI
•     established a multi-disciplinary Pandemic Rapid         claims with suspicious email accounts. We shared
      Response Team within the OIG;                           our methodology and the underlying data with the
•     appointed a National UI Fraud Coordinator to            Department and the SWAs, and we recommended
      manage our national investigative response to           they establish effective controls to mitigate fraud
      UI fraud;                                               and other improper payments to ineligible claimants,
                                                              including the four high-risk areas identified in the
•     appointed seven Regional UI Fraud
      Coordinators to partner with SWAs and
                                                              38
                                                                   The OIG has issued or assisted in issuing: UI fraud
      federal, state, and local law enforcement on
                                                              consumer protection guide; UI fraud investigations
      UI fraud matters in their geographic areas
                                                              guide; UI fraud alert for state/local law enforcement; UI
      of responsibility;
                                                              text message phishing alert; UI fraud and phishing alert;
•     leveraged resources from the Council of the
                                                              UI fraud and identity theft alert; and UI detection and
      Inspectors General on Integrity and Efficiency
                                                              mitigation alert for financial institutions. Available at: https://
      (CIGIE), Pandemic Response Accountability
                                                              www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm
      Committee (PRAC);                                       39
                                                                   Alert Memorandum: The Employment and Training
•     collaborated with states’ auditors to help develop      Administration Needs to Ensure State Workforce Agencies
      their audit strategies for the CARES Act UI             Implement Effective Unemployment Insurance Program
      programs; and                                           Fraud Controls for High Risk Areas, Report No. 19-21-002-
•     implemented an extensive outreach and                   03-315 (February 22, 2021), available at: https://www.oig.
      education program targeted to SWAs, the                 dol.gov/public/reports/oa/2021/19-21-002-03-315.pdf
      Department, financial institutions and their
                                                              40
                                                                   Alert Memorandum: The Employment and Training
      associations, law enforcement agencies, and             Administration Needs to Issue Guidance to Ensure State
      the public to inform and raise awareness                Workforce Agencies Provide Requested Unemployment
                                                              Insurance Data to the Office of Inspector General, Report
37
     National Unemployment Insurance Fraud Task Force,        No. 19-21-005-03-315 (June 16, 2021), available at:
available at: https://www.justice.gov/coronavirus/national-   https://www.oig.dol.gov/public/reports/oa/2021/19-21-005-
unemployment-insurance-fraud-task-force                       03-315.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                            31
                             Worker and Retiree Benefit Programs
                                                         In one recent OIG investigation, 11 members and
                                                         associates of the Brooklyn-based Woo Gang were
                                                         charged with a multi-million-dollar pandemic UI
                                                         fraud scheme.41 In another recent OIG investigation,
                                                         a one-time California Employment Development
                                                         Department employee was sentenced to more than
                                                         5 years in prison for fraudulently obtaining nearly
                                                         $4.3 million in pandemic relief funds.42


                                                         Working with Domestic and
                                                         International Law Enforcement Partners

                                                         Early in the pandemic, the OIG worked with the
                                                         DOJ to create the NUIFTF, a nine agency federal
                                                         task force focused on law enforcement intelligence
                                                         sharing, deconfliction, joint national and regional
                                                         messaging, and the effective use of investigative
                                                         and prosecutorial resources. The NUIFTF has also
                                                         worked closely with partners at the International
                                                         Organized Crime Intelligence and Operations
                                                         Center (IOC 2) to develop a deconfliction process to
                                                         coordinate investigative information across federal
 During the execution of a UI fraud search warrant,      law enforcement agencies. Through data analytics
 OIG agents recovered approximately 30 UI                and a leads generation process, the NUIFTF and
 debit cards, over $500,000 in cash, and several         IOC-2 partner agencies have identified significant
 notebooks containing PII.
                                                         fraud being committed against the UI program by

memoranda. The data provided to DOL and the              41
                                                              Department of Justice, “11 Members and Associates of
states included more than 3 million suspicious           the Brooklyn-Based Woo Gang Charged with Multi-Million
claims. We are currently in the process of updating      Dollar COVID-19 Unemployment Insurance Fraud,” Press
our UI dataset. Once that process is complete,           Release, February 17, 2022, available at: https://www.
we plan to examine whether SWAs took effective           oig.dol.gov/public/Press%20Releases/11_Members_
measures to address these four high-risk areas.          and_Associates_of_the_Brooklyn-Based_Woo_Gang_
                                                         Charged_with_Multi-Million_Dollar_COVID.pdf
As of February 2022, our UI investigations have          42
                                                              Department of Justice, “One-Time EDD Employee
resulted in: the execution of more than 450 search       Sentenced to More Than 5 Years in Prison for Fraudulently
warrants, 749 UI fraud related indictments, and over     Obtaining Nearly $4.3 Million in COVID Relief Funds,”
$830 million in investigative monetary results. We       Press Release (February 4, 2022), available at: https://
have also referred over 8,000 fraud matters that do      www.oig.dol.gov/public/Press%20Releases/One-Time_
not meet federal prosecution guidelines back to the      EDD_Employee_Sentenced_to_More_Than_5_Years_in_
SWAs for further action.                                 Prison_for_Fraudulently_Obtaining_Nearly.pdf


32                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   Worker and Retiree Benefit Programs
domestic and international criminal organizations.              DOJ and the USSS to collect that data and work
Many of these include street-level criminal                     with those financial institutions to return fraudulent
organizations with ties to illegal guns and drugs.              funds to SWAs. The OIG and its law enforcement
These investigations are ongoing and actively being             partners are working with more than 350 financial
investigated through the NUIFTF.                                institutions in response to our request.

The OIG has also been very engaged on DOJ’s                     The PRAC has also played a pivotal role in
COVID-19 Fraud Enforcement Task Force                           amplifying the ability of OIGs to share information
(CFETF). We also have representation on CFETF                   and conduct internal and external outreach to
subcommittees involving communication, forfeiture,              stakeholders that have been impacted by pandemic
and data, and co-chairs the task force’s criminal               fraud. For example, the OIG worked with the PRAC
enterprise subcommittee.                                        on social media tool kits related to money mule
                                                                activity and erroneous Forms 1099-G that were
The OIG has also participated in other initiatives that         issued to victims of UI fraud. The OIG has also
have fallen outside the framework of the NUIFTF                 worked with the PRAC, DOJ, and USSS to create a
and CFETF. For example, in 2020 and 2021, the OIG               web-based survey where financial institutions can
supported DOJ’s annual Money Mule Initiative,43                 more broadly report UI and other types of pandemic
which aimed to raise awareness about and suppress               fraud. This information is being collected by the
money mule activity. The OIG conducted extensive                PRAC, analyzed by its partners, and, if appropriate,
internal and external outreach regarding money                  sent to field personnel for further action.
mules and identified and targeted money mules in
coordination with DOJ and other partner agencies.               The OIG, through its membership in IOC-2, has also
                                                                been engaged with several allied national police
In addition, the OIG issued alerts to financial                 agencies to strategize about pandemic-related
institutions about UI fraud both on its own and                 fraud and how to best establish practices to share
jointly with its partners, such as U.S. Secret                  information. The issue of pandemic fraud has not
Service (USSS), Financial Crimes Enforcement                    only been an issue for the United States, but it
Network (FinCEN), and NUIFTF. One such joint                    has also negatively impacted our foreign partners’
OIG/USSS alert, “Detection and Mitigation of                    pandemic entitlement programs. We have conducted
Unemployment Insurance Fraud Guidance for                       outreach and education related to pandemic fraud,
Financial Institutions,” served as a framework for              including UI fraud, with our Five Eyes partner
the recovery of millions of dollars of fraudulent UI            countries as participants on the International Public
funds being held by financial institutions. Later, in           Sector Fraud Forum.44
2021, the OIG authored a NUIFTF alert that was
issued through FinCEN to financial institutions                 44
                                                                     The Five Eyes countries include Australia, Canada,
requesting that they identify funds they froze due to           New Zealand, the United Kingdom and the United States.
suspicion of fraud. The OIG created a process with              The International Public Sector Fraud Forum consists of
                                                                representatives from organizations from the Five Eyes
43
     Additional information about DOJ’s Money Mule Initiative   countries, whose collective aim is to share best and
available at: https://www.justice.gov/civil/consumer-           leading practices in fraud management and control across
protection-branch/money-mule-initiative                         public borders.


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                          33
                                   Worker and Retiree Benefit Programs
The OIG, IOC-2, and our federal law enforcement                ETA and the states to consider while implementing
partners have identified numerous instances of                 CARES Act UI provisions: (1) state preparedness
international organized criminal groups engaged in UI          (including staffing and systems), (2) initial eligibility
fraud. We will continue to work with our domestic and          determination, (3) benefit amount, (4) return to work,
international law enforcement partners on these matters.       (5) improper payment detection and recovery, and (6)
                                                               program monitoring. Our identification of these areas
     OIG PANDEMIC OVERSIGHT WORK                               represents at least 16 years of work relating to DOL’s
                                                               UI program, including the use of prior stimulus funds
In April 2020, shortly after CARES Act enactment, we           and response to past disasters. The advisory report
published our Pandemic Response Oversight Plan45               summarized dozens of OIG recommendations to
detailing how the OIG would conduct its pandemic               implement corrective action in these areas.
oversight, with a significant focus on the UI program.
We designed our four-phased pandemic response                  We have issued several subsequent reports,
oversight plan to provide recommendations to DOL               including alert memoranda for urgent concerns,
to address current and emerging vulnerabilities                involving the UI program, including:
with the pandemic response and to prevent similar              •     In May 2020, we issued an alert memorandum47
vulnerabilities from hampering preparedness for                      describing our concerns regarding claimant self-
future emergencies. Phases 1 and 2, which are                        certification in the PUA program. In our view,
complete, focused on DOL’s plans, guidance, and                      reliance on such self-certifications rendered
initial implementation of administration and oversight               the PUA program highly vulnerable to improper
activities. Phase 3 audit work, assessing program                    payments and fraud. Subsequent to our work
results and more, is ongoing. Our Phase 4 work plans                 identifying fraud risks associated with self-
include reporting on lessons learned for UI, worker                  certification in the PUA program, including this
safety and health, and employment and training.                      alert memorandum and the next two described
                                                                     reports, Congress took action to require
At the start of the pandemic, we examined past audits                supporting documentation to improve SWAs’
including those related to the Recovery Act and the                  abilities to ensure proper claimant eligibility and
DUA program, and we assessed comparable lessons                      to mitigate fraud.
learned as applicable to the UI program. As a result,
                                                               •     In August 2020, we reported48 states did not use
in April 2020, we issued the previously noted advisory
                                                                     existing tools effectively to combat fraud and
report46 identifying six initial areas of concern for
                                                               47
                                                                    Alert Memorandum: The Pandemic Unemployment
45
     Pandemic Response Oversight Plan (updated March           Assistance Program Needs Proactive Measures to Detect
21, 2022), available at: https://www.oig.dol.gov/public/       and Prevent Improper Payments and Fraud, Report No.
oaprojects/Updated%20Pandemic%20Response%20                    19-20-002-03-315 (May 26, 2020), available at: https://www.
Oversight%20Plan%202022%20for%20Publication.pdf                oig.dol.gov/public/reports/oa/2020/19-20-002-03-315.pdf
                                                                    COVID-19: More Can Be Done to Mitigate Risk to
46
     Advisory Report: CARES Act: Initial Areas of Concern      48


Regarding Implementation of Unemployment Insurance             Unemployment Compensation Under The CARES Act,
Provisions, Report No. 19-20-001-03-315 (April 21,             Report No. 19-20-008-03-315 (August 7, 2020), available
2020), available at: https://www.oig.dol.gov/public/reports/   at: https://www.oig.dol.gov/public/reports/oa/2020/19-20-
oa/2020/19-20-001-03-315.pdf                                   008-03-315.pdf


34                                                  Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   Worker and Retiree Benefit Programs
      other improper payments. We also stated ETA                     memorandum51 where we increased that
      should work with the OIG to obtain access to                    identification to almost $17 billion in potential
      state claimant data that could be used to identify              fraud in these same four high-risk areas. The
      and disrupt fraudulent schemes that threaten the                potentially fraudulent UI payments we identified
      integrity of UI programs, including those under                 occurred during a limited time period, from
      the CARES Act.                                                  March 2020 to October 2020, and covered only
•     In October 2020, we reported49 where states                     the four noted high-risk areas.
      confirmed our concerns about fraud in the UI              •     In May 2021, we reported52 that DOL and states
      program. Specifically, states cited the PUA                     struggled to implement the three key new UI
      self-certification requirement as a top fraud                   programs that posed the greatest risk for fraud,
      vulnerability. Despite states’ deployment                       waste, and abuse: PUA, PEUC, and FPUC.
      of strategies and tools for mitigating fraud,                   Specifically, DOL’s guidance and oversight did not
      53 percent of respondents still cited fraud                     ensure states: implemented the programs and
      vulnerabilities within the PUA program. States                  paid benefits promptly, performed required and
      reported inherent vulnerability in the PUA self                 recommended improper payment detection and
      certification process, systems issues, and                      recovery activities, and reported accurate and
      inadequate fraud screening tools.                               complete program activities. This occurred primarily
•     In February 2021, we issued an alert                            because states’ information technology (IT) systems
      memorandum 50 that identified more than                         were not modernized, staffing resources were
      $5.4 billion of potentially fraudulent UI                       insufficient to manage the increased number of
      benefits paid in specific high-risk areas as                    new claims, and, according to state officials, ETA’s
      previously mentioned—to individuals with                        guidance was untimely and unclear.
      Social Security numbers: filed in multiple                •     In September 2021, we reported53 on our
      states, of deceased persons, of federal                         assessment of DOL and states’ strategies
      prisoners, and used to file for UI claims                 51
                                                                     Alert Memorandum: The Employment and Training
      with suspicious email accounts. In June
                                                                Administration Needs to Issue Guidance to Ensure State
      2021, we issued a subsequent alert
                                                                Workforce Agencies Provide Requested Unemployment
                                                                Insurance Data to the Office of the Inspector General,
49
     COVID-19: States Cite Vulnerabilities in Detecting Fraud   Report No. 19-21-005-03-315 (June 16, 2021), available
While Complying with The CARES Act UI Program Self-             at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-
Certification Requirement, Report No. 19-21-001-03-315          005-03-315.pdf
                                                                52
(October 21, 2020), available at: https://www.oig.dol.gov/           COVID-19: States Struggled to Implement CARES Act
public/reports/oa/2021/19-21-001-03-315.pdf                     Unemployment Insurance Programs, Report No. 19-21-
50
     Alert Memorandum: The Employment and Training              004-03-315 (May 28, 2021), available at: https://www.oig.
Administration (ETA) Needs to Ensure State Workforce            dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
Agencies (SWA) Implement Effective Unemployment                 53
                                                                     Unemployment Insurance Overpayments Related to
Insurance Program Fraud Controls for High Risk Areas,           Work Search Underscore the Need for More Consistent
Report No. 19-21-002-03-315 (February 22, 2021),                State Requirements, Report No. 04-21-001-03-315
available at: https://www.oig.dol.gov/public/reports/           (September 29, 2021), available at: https://www.oig.dol.
oa/2021/19-21-002-03-315.pdf                                    gov/public/reports/oa/2021/04-21-001-03-315.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                         35
                                  Worker and Retiree Benefit Programs
      to reduce UI overpayments related to work                       OIG RECOMMENDATIONS
      search—the leading cause of improper
      payments prior to the pandemic. We found               The OIG has made several recommendations to DOL
      ETA and state strategies did not consistently          and Congress to improve the efficiency and integrity
      reduce UI overpayments related to work search.         of the UI program. Key recommendations follow.
      The agency was unable to consistently reduce
      these overpayments mainly because states had           OIG Recommendations to DOL
      varying work search laws and requirements,
      with some more stringent than others. For              OIG Access to Claim and Wage Data
      example, in one state, we determined that, on
                                                             •   Facilitate the OIG’s access to UI claim data for
      average during Program Year (PY) 2018,54 a
                                                                 audit and investigative purposes
      claimant could complete one valid work search
      contact in as few as 11 seconds. In addition,          •   Take immediate action to require the National
      ETA inappropriately excluded certain types                 Association of State Workforce Agencies
      of overpayments from improper payment                      (NASWA) to refer information to ETA and
      estimates for the UI program. As a result, UI              the OIG on suspected fraud, waste, abuse,
      improper payment rates were considerably                   mismanagement, or misconduct
      understated for FYs 2017 through 2020.
                                                             Staffing and Systems for Prompt Payments
•     In November 2021, we issued55 the
                                                             during Emergencies
      Department a qualified opinion, for the first
      time in 25 years, on its consolidated financial        •   Continue to work with states to develop, operate,
      statements and reported one material                       and maintain a modular set of technological
      weakness related to UI COVID-19 funding.                   capabilities (i.e., staffing and replacing IT legacy
      This was partially due to the Department                   systems) to modernize the delivery of UI benefits
      being unable to provide sufficient evidence                that is sufficient to manage and process sudden
      for $47.3 billion it estimated for UI claims for           spikes in claims volume during emergencies or
      unemployed weeks that occurred prior to                    high unemployment
      the expiration of the UI pandemic programs             •   Create a rapid response team consisting of
      that were still in appeal or had not yet been              federal and state officials capable of providing
      processed as of September 30, 2021.                        technical and other assistance to SWAs impacted
      This was also due to unreliable reporting                  by major disasters
      of $4.4 billion in UI benefit overpayments
                                                             •   Conduct a study to assess: the technological
      due to certain states non-reporting of UI
                                                                 needs of the UI programs to determine the
      overpayment activity.
                                                                 capabilities that need to be upgraded or
54
     PYs start July 1 and end June 30 each year; PY 2018
                                                                 replaced, the features necessary to effectively
started July 1, 2018, and ended June 30, 2019.
                                                                 respond to rapid changes in the volume of claims
55
     FY 2021 Independent Auditor’s Report on the DOL
                                                                 in times of emergency or high unemployment,
Financial Statements, Report No. 22-22-003-13-001
                                                                 the capabilities needed to ensure effective and
(November 19, 2021); available at: https://www.oig.dol.
                                                                 equitable delivery of benefits, and the capabilities
gov/public/reports/oa/2022/22-22-003-13-001.pdf
                                                                 to minimize fraudulent activities


36                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               Worker and Retiree Benefit Programs
•   Develop standards for providing clear and              •      Examine the effectiveness of the Benefit
    reasonable timeframes to implement temporary                  Accuracy Measurement (BAM)56 program contact
    programs to establish expectations for prompt                 verification process to ensure it reflects the
    benefit payments to claimants                                 current methods claimants use to seek work
                                                           •      Inform states that formal and informal warnings are
Controls for Improper Payments                                    not permissible under Federal work search law
•   Establish effective controls, in collaboration
    with SWAs, to mitigate fraud and other improper        Coordination with Congress
    payments to potentially ineligible claimants,          •      Work with Congress to establish legislation
    including multistate claimants, claimants who                 requiring SWAs to cross-match in high-risk
    used Social Security numbers of deceased                      areas, including to individuals with Social
    persons and federal prisoners, and claimants                  Security numbers: filed in multiple states, of
    with suspicious email accounts                                deceased persons, of federal prisoners, and with
•   Develop and implement cause-level reduction                   suspicious email accounts
    targets to gauge and monitor the effectiveness of
    strategies implemented by states to reduce work        DOL Recommendations to Congress
    search overpayments
•   Include in the UI improper payment estimate:           In addition, Congress should consider legislative
    (1) overpayments related to work search formal/        proposals included in prior DOL budget requests and
    informal warnings; and (2) payments to claimants       pass legislation to improve UI program integrity. The
    who provide no or insufficient documentation to        DOL proposals include the following:
    support eligibility with respect to work search        •      allow the Secretary of Labor greater authority to
•   Incorporate the impact of UI improper payments                require SWAs to implement UI corrective actions
    related to temporary programs, such as those                  related to performance and integrity;
    created by the CARES Act, into the traditionally       •      require SWAs to use NASWA’s Integrity Data
    estimated improper payment rate calculations                  Hub (IDH) and the State Information Data
•   Develop policies and procedures to coordinate                 Exchange System;
    with SWAs to obtain the necessary UI                   •      require SWAs to cross-match UI claims against
    program information needed (for DOL financial                 the National Directory of New Hires (NDNH);
    statements) to support related balances and
    assumptions and to perform benchmarking and/
                                                           56
                                                                BAM is a quality control statistical survey used to
    or other analyses to validate new assumptions
                                                           identify errors and support corrective action in the state UI
                                                           system. It usually focuses on the three major UI programs:
Guidance and Assistance to States
                                                           regular UI, Unemployment Compensation for Federal
•   Assist states with claims, overpayment, and            Employees, and Unemployment Compensation for Ex-
    fraud reporting to create clear and accurate           service members. The BAM data are an estimate of the
    information, and then use the overpayment and          total improper payments in the UI program, in each state
    fraud reporting to prioritize and assist states with   and the nation as a whole, based on a statistically valid
    fraud detection and recovery                           examination of a sample of paid and denied claims.


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                       37
                              Worker and Retiree Benefit Programs
•    require SWAs to cross-match UI claims with the      states will not receive the grants, and the data
     U.S. Social Security Administration’s prisoner      provided to the OIG will be incomplete. The
     database and other repositories of prisoner         OIG needs access to all UI program data to
     information;                                        effectively do its job.
•    allow SWAs to retain 5 percent of UI
     overpayment recoveries for program integrity        Further, the UI Integrity Center, established
     purposes; and                                       by DOL through a cooperative agreement and
                                                         operated by NASWA, has continued to develop
•    require SWAs to use UI penalty and interest
                                                         the IDH to serve as a secure portal for SWAs to
     collections solely for UI administration.
                                                         cross-match public and private sources of data,
                                                         including new tools that will help prevent improper
These legislative proposals are consistent with
                                                         payments. DOL is working with NASWA’s Integrity
previous OIG findings and recommendations to
                                                         Center to further enhance SWA participation
improve the UI program.
                                                         in and use of NASWA’s IDH through additional
                                                         guidance and regular communication with SWAs.
              DOL’S PROGRESS
                                                         On August 31, 2021, the Department announced
While concerns persist within the UI program,
                                                         the establishment of the Office of Unemployment
DOL has instituted efforts to focus on program
                                                         Insurance Modernization to provide oversight
integrity when implementing the CARES Act
                                                         and management of the $2 billion appropriated
and other pandemic-related UI programs. These
                                                         to UI initiatives by ARPA. The funding is aimed
efforts include establishing agreements with
                                                         at preventing and detecting fraud, promoting
states to comply with all applicable requirements
                                                         equitable access, ensuring timely benefits
to receive funds, issuing operating guidance,
                                                         payments, and reducing backlogs. Of this $2
and providing technical assistance to SWAs
                                                         billion in funding, three grant programs have
individually and through webinars. DOL has
                                                         been set up: (1) a $140 million program for fraud
included requirements for SWAs to focus
                                                         prevention grants to be awarded to states to
on program integrity in guidance relevant to
                                                         cover subscription costs for identity verification
pandemic-related UI funds. In addition, DOL has
                                                         tools, establishment and expansion of data
reinforced the need for SWAs to actively work
                                                         analytics, and implementation of cybersecurity
with the OIG to address fraud in the UI program.
                                                         defense strategies; (2) a separate $260 million
                                                         program for equity grants to be awarded to
The Department has facilitated the OIG’s
                                                         states to improve customer service and claimant
access to UI data but only for benefit weeks
                                                         outreach, reduce claims backlogs, and improve
covered by CARES Act programs and related
                                                         access for workers in communities that may
extensions. In addition, ETA has required grant
                                                         have historically experienced barriers to access;
recipients to share state UI data with the OIG
                                                         and (3) up to $200 million in funding to support
as a condition of the fraud prevention grants
                                                         states in improving UI systems and processes
offered under the American Rescue Plan Act of
                                                         following a consultative assessment with a team
2021 (ARPA), which will provide such access
                                                         of experts provided by DOL.
through December 31, 2023. However, a few


38                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                    Worker and Retiree Benefit Programs
    OIG ONGOING AND PLANNED WORK

The OIG’s efforts to strengthen and protect the UI
program continue. In addition to working with our
law enforcement partners to combat fraud in the
program, we will be issuing additional audit reports
covering critical areas of concern and opportunities
for improvement in the UI program. Planned and in-
progress57 Phase 3 audit work includes:
•      ETA’s efforts to ensure UI program integrity;*
                                                           •     ETA and states’ efforts to address claimants
•      state efforts to ensure claimant eligibility;*
                                                                 using the Social Security numbers of deceased
•      DOL’s oversight of emergency UI administrative            persons;
       transfers to states;*
                                                           •     ETA and states’ efforts to address claimants
•      ETA and state efforts to detect and recover               using the Social Security numbers of federal
       overpayments;*                                            prisoners;
•      adequacy of state IT resources;*                    •     ETA and states’ efforts to address claimants with
•      adequacy of state staffing resources;*                    suspicious email accounts;
•      effectiveness of programs for nontraditional        •     ARPA Equity Grants; and
       claimants;*                                         •     impact of waivers on UI overpayments, fraud
•      effectiveness of the Temporary Full Federal               investigations, and recoveries.
       Funding program;*
•      effectiveness of the Short-Time Compensation        For more information about the OIG’s work, please
       program;*                                           visit our Pandemic Response Portal.58

•      effectiveness of the Mixed Earners
                                                           Melrose Man Sentenced to 87
       Unemployment Compensation;*
                                                           Months in Prison for Unemployment
•      effectiveness of the Emergency Unemployment
                                                           Insurance Scam
       Relief for Governmental Entities and Non-Profit
       Organizations program;*
                                                           On October 13, 2021, Alan Scott was sentenced
•      Pandemic Response Accountability Committee’s        to 87 months in prison and more than $340,000
       (PRAC) Case Study Project on federal pandemic       in restitution to the Massachusetts Department of
       response funds in select geographic areas;*         Unemployment Assistance (Massachusetts DUA).
•      states’ compliance with CARES Act UI reporting
       requirements;*                                      Over the course of 6 years, Scott submitted numerous
•      ETA and states’ efforts to address multistate       fraudulent UI claims with the Massachusetts DUA.
       claimants;                                          Scott submitted these claims using his own identity, as
                                                           58
                                                                Our Pandemic Response Portal is available at: https://
57
     Audits in progress are marked with an asterisk (*).   www.oig.dol.gov/OIG_Pandemic_Response_Portal.htm


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                    39
                                Worker and Retiree Benefit Programs
well as the identities of various individuals, including    Unemployment Insurance Agency system, many of
some who were not eligible for unemployment                 which were filed using stolen identities. Once the
benefits, as they were incarcerated at the time and         claims were filed, the outside actors signaled Hawkins,
could not have been employed as reported. Moreover,         who then released payment on the claims in exchange
the fraudulent claims all reported prior employment at      for bribes. Hawkins used her insider access to
a non-operational Massachusetts-based business also         fraudulently release payment on more than 700 claims,
associated with Scott. As a result of these fraudulent      resulting in the fraudulent disbursement of more than
claims, the Massachusetts DUA sent unemployment             $3.7 million of federal and state funds intended for
benefits funds to several addresses connected to Scott      unemployment assistance during the pandemic. If
and deposited funds into accounts he controlled. Scott      every fraudulent claim released by Hawkins had been
also submitted fraudulent Pandemic Unemployment             disbursed in full, the resulting loss of federal and state
Assistance claims in the names of others.                   funds would have exceeded $12 million.

This was a joint investigation with Homeland Security       This is a joint investigation with the Federal Bureau
Investigations, the U.S. Postal Inspection Service          of Investigation (FBI), the Internal Revenue Service
(USPIS), and the Commonwealth of Massachusetts,             Criminal Investigations Division (IRS-CI), U.S. Secret
Department of Unemployment Assistance. United               Service (USSS), and USPIS. United States v. Brandi
States v. Alan Scott (D. Massachusetts)                     Hawkins (E.D. Michigan)


Michigan State Contractor                                   Michigan Resident Pled Guilty to
Sentenced for Role in $3.8 Million                          Identity Theft and Wire Fraud for
Pandemic Unemployment Insurance                             Fraudulently Receiving More than $1.6
Fraud Scheme                                                Million in Unemployment Insurance
                                                            Benefits
On October 28, 2021, Brandi Hawkins was
sentenced for her role in a multi million dollar            On November 10, 2021, Jordan Armstrong pled
UI fraud scheme aimed at defrauding the State               guilty to identity theft and wire fraud for his role in a
of Michigan and the U.S. government of funds                scheme to defraud numerous states out of more than
earmarked for unemployment assistance during the            $1.6 million in UI benefits.
COVID-19 pandemic. Hawkins was sentenced to 58
months in prison and ordered to pay restitution of          Between approximately May 2020 and October 2020,
almost $3.8 million.                                        Armstrong filed for pandemic-related UI benefits
                                                            using PII fraudulently obtained from victims. In total,
Hawkins was a State of Michigan Unemployment                Armstrong filed or attempted to file over 300 claims
Insurance Agency contract employee hired as an              for unemployment benefits in 17 states and received
Unemployment Insurance examiner. Hawkins’s                  more than $1.6 million in fraudulent UI benefits.
duties included reviewing, processing, and
verifying the legitimacy of UI claims. In spring 2020,      This is a joint investigation with the FBI and
Hawkins worked with outside actors who entered              multiple SWAs. United States v. Jordan Armstrong
numerous false claims into the State of Michigan’s          (E.D. Michigan)


40                                               Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               Worker and Retiree Benefit Programs
Virginia Woman Responsible for                             Two Michigan Residents Pled
Defrauding the Federal Government                          Guilty to Unemployment Insurance
of More than $1.5 Million in                               Fraud Scheme
Unemployment Benefits Sentenced to
10 Years in Prison                                         On December 8, 2021, Mitchacole Johnson and
                                                           Larry Witherspoon pled guilty to wire fraud for
On December 17, 2021, Farren Ricketts was                  filing more than 66 fraudulent unemployment
sentenced to 120 months in prison and 36 months            insurance claims that defrauded multiple states
supervised release due to her June 21, 2021, guilty        of more than $1.3 million, with attempted fraud
plea to conspiracy to defraud the United States, mail      nearing $3.5 million.
fraud conspiracy, and aggravated identity theft.
                                                           Johnson filed a number of claims in her own
Ricketts and her co-conspirators concocted a               name, while Witherspoon filed multiple claims
scheme to gather PII and then submit unemployment          in the names of people who had names similar
insurance (UI) benefit claims to the Virginia              to his own. Both Johnson and Witherspoon filed
Employment Commission for individuals who were             their claims using the Social Security numbers of
known to be ineligible to receive such benefits,           other people and had the benefits deposited into
including various inmates in Virginia Department of        a variety of bank accounts they controlled, some
Corrections facilities.                                    connected to pre-paid debit cards.


Ricketts established a business, “Ricketts Advisory,       This was a joint investigation with the FBI and the
LLC.,” and advertised it as a financial services           Michigan Unemployment Insurance Agency. United
company that helped with filing pandemic-related UI        States v. Mitchacole Johnson and Larry Witherspoon
benefit claims. In addition to receiving UI benefits       (E.D. Michigan)
herself, Ricketts charged fees to over 120 of her
co-conspirator ”clients” for the service of filing their   Three Members of Robles Park
fraudulent claims.                                         Criminal Enterprise Pled Guilty
                                                           to Racketeering and Pandemic
Between May 2020 and February 2021, Ricketts and           Unemployment Assistance Fraud
her co-conspirators filed more than 150 fraudulent
claims for pandemic-related unemployment benefits.         In December 2021 and January 2022, three
Ricketts created fraudulent documents to support the       members of the Robles Park criminal enterprise
claims, including fraudulent IRS forms purporting to       pled guilty to numerous charges, including
show pre-pandemic income for many of these filings.        racketeering conspiracy, conspiracy to commit
                                                           fraud, and aggravated identity theft. Robles Park
This was a joint investigation with the IRS-CI; the        is a criminal organization whose members and
City of Norton Police Department, Virginia; and the        associates engaged in acts involving murder,
Russell County Sheriff’s Office, Virginia. United          assault, intimidation, narcotics trafficking, access
States v. Farren Ricketts (W.D. Virginia)                  device fraud, identity theft, obstruction of justice,
                                                           and other crimes.


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                   41
                               Worker and Retiree Benefit Programs
Tywon Spann, Kareem Spann, and Eriaus Bentley             in states outside of Florida. There were more than 10
conspired to conduct and participate in the conduct       victims of Thompkins’ scheme.
of the affairs of the criminal enterprise through a
pattern of racketeering activity to include narcotics     This was a joint investigation with the Aventura
trafficking, wire fraud, and identity theft. The three    Police Department, Florida. United States v. Kenbrell
defendants admitted to unlawfully obtaining the PII       Thompkins (S.D. Florida)
of others in order to submit false applications for UI
benefits. Over $420,000 in UI benefits were paid          Virginia Inmate Sentenced to 115
to Robles Park members in the form of bank debit          Months in Prison for Involvement
cards issued in the names of victims who did not
                                                          in Pandemic Unemployment
give their PII or permission to use their PII.
                                                          Benefits Scheme
This investigation is currently ongoing and is being
                                                          On January 13, 2022, Michael Lee Lewis Jr. was
worked jointly with the FBI and the Tampa Police
                                                          sentenced to 115 months in federal prison for his
Department, Florida. United States v. Tywon Spann,
                                                          involvement in a scheme to obtain pandemic-related
United States v. Kareem Spann, United States v.
                                                          UI benefits by using the PII of more than 30 Virginia
Eriaus Bentley (M.D. Florida)
                                                          prison inmates. Lewis was also ordered to pay
                                                          more than $227,000 in restitution and forfeit $5,000
Former NFL Wide Receiver Sentenced                        seized during the investigation.
for His Role in a Scheme to Defraud
the State of California Employment                        In 2020, Lewis was incarcerated at the Augusta
Development Department                                    Correctional Center in Craigsville, Virginia. Beginning
                                                          in May 2020, he worked with co-conspirators to
On January 6, 2022, Kenbrell Thompkins was                collect the PII of other inmates to fraudulently
sentenced to 25 months in prison after pleading           apply for Virginia UI benefits during the COVID-19
guilty to one count of access device fraud and one        pandemic. Lewis provided his co-conspirators
count of aggravated identity theft. A preliminary         with information for fellow inmates at the Augusta
order of forfeiture was entered, ordering Thompkins       Correctional Center, which resulted in the filing of
to forfeit $6,000 previously seized by law                more than 20 fraudulent UI claims using the names
enforcement. Thompkins was also ordered to pay            and identifiers of those inmates, who were not eligible
over $132,000 in restitution.                             to collect UI benefits. Lewis and his co-conspirators,
                                                          along with the prisoners whose information was used
In August and September 2020, Thompkins used              in the fraudulent UI claim applications, shared the
the Social Security numbers and PII of unsuspecting       proceeds of the crimes, which amounted to more
Florida residents to obtain pandemic-related              than $330,000.
unemployment insurance benefits in the form of
prepaid debit cards from California. Thompkins then       This is a joint investigation with the U.S. Department
withdrew thousands of dollars from such cards via         of Homeland Security OIG and the Virginia
ATMs. Thompkins researched internet tutorials for         Department of Corrections. United States v. Mary
the application of unemployment insurance benefits        Landon Benton et al. (E.D. Virginia).


42                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               Worker and Retiree Benefit Programs
Maryland Man Sentenced to 39 Months                        To obtain the place-of-employment information,
in Prison for Leading Computer Fraud                       Trowbridge directed members of the conspiracy

and Identity Theft Ring that Targeted                      to pretend to be debtors and create thousands
                                                           of false online UI applications in the unknowing
State Workforce Computers
                                                           debtors’ names and with the debtors’ personal
                                                           identifiers, including Social Security numbers,
On March 3, 2022, Jason “JR” Trowbridge was
                                                           and to complete the applications to the point
sentenced to 39 months in prison and fined $30,000
                                                           where each debtor’s last known place of
pursuant to his November 2021 guilty plea to
                                                           employment appeared. After confirming that
conspiracy to misuse Social Security numbers,
                                                           the debtors worked for the relevant employers,
misuse of a Social Security number, and aggravated
                                                           Paymerica sold the place of employment
identity theft.
                                                           information for approximately $90 per debtor.
                                                           Over the course of approximately 3 years,
Trowbridge owned and operated Paymerica
                                                           Paymerica made nearly $1 million selling the
Corporation located in Frederick, Maryland.
                                                           stolen place of employment information.
Paymerica researched where purported debtors
worked and sold their employer information—called
                                                           This is a joint investigation with the New York
place-of-employment information or “POE”—to debt
                                                           State Department of Labor, Office of Special
collectors and companies selling information to debt
                                                           Investigations. United States v. Jason “JR”
collectors. In the debt collecting industry, the process
                                                           Trowbridge, aka Ted Frost. (N.D. New York)
is known as “skiptracing.”




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                              43
                              Worker and Retiree Benefit Programs

     Office of Workers’ Compensation Programs
The Office of Workers’ Compensation Programs (OWCP) administers four major workers’ compensation
programs: the Federal Employees’ Compensation Act (FECA) program, the Energy Employees Occupational
Illness Compensation Program, the Longshore and Harbor Workers’ Compensation program, and the Coal
Mine Workers’ Compensation program.


FECA is the largest of the programs and provides
workers’ compensation coverage to millions of
federal, postal, and other employees for work-
related injuries and illnesses. Benefits include
those for wage loss, medical expenses, vocational
rehabilitation, and for survivors for covered
employees’ employment-related deaths.


Houston Clinic Owner Sentenced
in Illegal Kickback and Money
Laundering Scheme

On January 6, 2022, Anurag Dass, aka Anna Dass,
was sentenced to 24 months in prison and ordered
to pay more than $2.2 million in restitution.

Dass operated A&A Pain and Wellness Center,
Inc. (A&A), located in Houston, Texas, along with
                                                        of services the federal worker, or claimant, received
her brother Anukul Dass, aka Andy Dass. Anna
                                                        from A&A. Hunt also charged injured federal
Dass admitted that she submitted or caused
                                                        workers whom he had referred to A&A a fee for his
others to file false claims with the Office of
                                                        representation and services through a company he
Workers’ Compensation Programs (OWCP) for
                                                        controlled under the name Zentec.
patients that Stephen Hunt directed to the clinic.
Hunt was a former employee of the U.S. Postal
                                                        Hunt and Andy Dass were previously convicted for
Service who was injured on the job and filed his
                                                        their roles in the scheme, each pleading guilty to
own claim with OWCP.
                                                        illegal kickbacks.
The Dass siblings conspired with Hunt, causing him
                                                        This was a joint investigation with the U.S. Postal
to direct injured federal workers to the center for
                                                        Service OIG. United States v. Anurag Dass, a/k/a
medical treatment and health care services. Hunt
                                                        Anna Dass (S.D. Texas)
received referral fees based on the type and amount


44                                           Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               Worker and Retiree Benefit Programs

                             Employee Benefit Plans
The Employee Benefits Security Administration (EBSA) is responsible for ensuring the security of retirement,
health, and other workplace-related benefits of America’s workers and their families. EBSA works to educate and
assist the nearly 158 million workers, retirees, and family members who are covered by nearly 734,000 private
retirement plans, 2 million health plans, and 662,000 other welfare benefit plans that together hold estimated
assets of $13.3 trillion, as well as plan sponsors and members of the employee benefits community.


Louisiana Couple Sentenced in $48                           participants never made any actual contributions. Rather,
Million Medical Reimbursement Account                       TTFG arranged for the contribution, loan, and insurance
Program Fraud Scheme                                        policy to appear as a series of “paper transactions” that,
                                                            in effect, did nothing more than reduce participants’
                                                            taxable wages and employers’ Federal Insurance
On March 17, 2022, Denis J. Joachim and his wife,
                                                            Contributions Act (FICA) payments improperly, without
Donna K. Joachim, along with their company, The Total
                                                            their knowledge of the impropriety. Consequently, TTFG
Financial Group, Inc. (TTFG) were sentenced for their
                                                            and the Joachims caused the underpayment of at least
roles in creating, marketing, and operating what they
                                                            $23 million in FICA taxes, as well as the underreporting
claimed to be a Medical Reimbursement Program. Denis
                                                            and underpayment of personal federal income taxes,
Joachim was sentenced to 97 months in prison, followed
                                                            federal unemployment taxes, and state unemployment
by 36 months of supervised release. Donna K. Joachim
                                                            taxes—amounts for which the employer- clients and
was sentenced to 12 months and 1 day in prison followed
                                                            employee-participants may be individually responsible.
by 36 months of supervised release, and TTFG received
12 months of probation and a special assessment fee
                                                            The only money actually paid to TTFG were the fees,
in excess of $2,000. As part of their guilty pleas, the
                                                            which the Joachims used for personal expenses,
defendants have agreed to forfeit assets seized with a
                                                            including the purchase of a 26-foot boat; a 2016
collective value of approximately $6,300,000.
                                                            Grand Design Solitude recreational trailer; a Chevrolet
                                                            Corvette; a Jeep Wrangler; a Dodge Ram truck; a
TTFG was a Louisiana business incorporated by Denis
                                                            Mercedes-Benz CL 550 automobile; a GMC Yukon
and Donna Joachim. TTFG and its owners created and
                                                            XL Denali; multiple CAN AM Maverick 1000R off-
marketed a Medical Reimbursement Account program
                                                            road vehicles; jet skis; their Covington residence; real
called “Classic 105” that was subject to the Employee
                                                            property located adjacent to their Covington residence;
Retirement Income Security Act of 1974 (ERISA).
                                                            two residences located in Madisonville, Louisiana; 40
Classic 105 claimed to be a Multiple Employer Welfare
                                                            acres of property in Bush, Louisiana; and 125 acres of
Arrangement that was marketed to employers as a
                                                            property in Spring City, Tennessee.
supplemental benefits plan to reimburse their employees
for medical expenses, such as co-pays and deductibles.
                                                            This is a joint investigation with EBSA, the FBI, and the
In total, TTFG took in more than $25 million in fees from
                                                            IRS-CI. United States v. Denis John Joachim v. Donna
the employer-clients and employee participants.
                                                            Kennedy Joachim v. The Total Financial Group, Inc.
However, TTFG never obtained a single loan or
                                                            (E.D. Louisiana)
insurance policy for the Classic 105 program, and

Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                   45
Worker Safety, Health, and
   Workplace Rights
                           Worker Safety, Health, and Workplace Rights

Occupational Safety and Health Administration
     The mission of the Occupational Safety and Health Administration (OSHA) is to ensure that employers provide
     every worker in America safe and healthy working conditions. OSHA pursues this mission by setting and
     enforcing workplace safety and health standards; by investigating whistleblower complaints; by providing
     training, outreach, and education; and by encouraging continuous improvement in workplace safety and health.


COVID-19: To Protect Mission Critical                      hazards from external federal agency personnel
Workers, OSHA Could Leverage                               active in industries with a high risk of COVID-19
                                                           exposure. High-risk industries have oversight and
Inspection Collaboration Opportunities
                                                           enforcement personnel on-site from at least three
with External Federal Agencies
                                                           external federal agencies (see Figure 2).

The mission of OSHA to ensure safe and healthful
                                                           OSHA viewed collaboration with these external
work environments meant a specific challenge
                                                           agencies as separate from its enforcement
during the COVID-19 pandemic: to prevent, to the
                                                           capabilities, rather than as a way to enhance its
greatest extent possible, transmission of a highly
                                                           enforcement. However, both the Wage and Hour
contagious virus in worksites with mission critical
                                                           Division (WHD) and OSHA indicated collaboration
employees. Such employees work in industries
                                                           helped them achieve their individual missions. Not only
at highest risk of COVID-19 exposure including
                                                           did OSHA not leverage opportunities for collaboration
meat processing plants, nursing homes, hospitals,
                                                           with external agencies, it also did not identify those
grocery stores, restaurants, department stores, and
                                                           external agencies with enforcement or oversight
correctional institutions. As of January 2022, more
                                                           personnel who would be active at worksites and could
than 1 million mission critical employees contracted
                                                           inform OSHA’s hazard-specific outreach and training.
COVID-19, with many resulting fatalities. Reducing
morbidity and mortality rates of these essential
                                                           OSHA and WHD entered into a collaborative
workers required a whole-of-government approach
                                                           Memorandum of Understanding (MOU) in August
from multiple agencies. During the pandemic, OSHA
                                                           2021 that recognized the value of a collaborative
reduced inspections, particularly onsite inspections
                                                           partnership to protect the health and wellbeing of
as a means to reduce person-to-person contact
                                                           the nation’s workforce. However, OSHA did not
while already having a historically low number of
                                                           create any additional MOUs nor update any existing
Compliance Safety and Health Officers (CSHO) and
                                                           ones focusing on collaboration with external federal
an increased volume of complaints. Given these
                                                           agencies that conduct enforcement or oversight
challenges, we conducted this audit to determine to
                                                           activities of high-risk industries and could have made
what extent OSHA collaborated with external federal
                                                           referrals during the pandemic.
agencies’ enforcement or oversight personnel to help
safeguard U.S. workers during the pandemic.
                                                           However, during the current pandemic, OSHA could
We found OSHA did not collaborate to encourage
                                                           have done more in terms of collaborative efforts
referrals of potential COVID-19 safety and health
                                                           by identifying those external federal agencies with

48                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                              Worker Safety, Health, and Workplace Rights
enforcement or oversight personnel in higher-risk                     We made two recommendations to OSHA to
industries and using their input to inform hazard-specific            establish interagency collaboration by devising
outreach and training. OSHA could have also tracked                   a plan with training and outreach to be activated
and analyzed its referral information to determine the                during a large-scale safety and health crises
outreach and types of training those agencies might                   and exploring the use of MOUs or other such
need to increase the likelihood of referrals being made               written agreements. OSHA generally disagreed
to OSHA. It also could have explored mechanisms,                      with the report and provided a number of
such as MOUs or other written agreements, with federal                comments. We considered OSHA’s comments
agencies that oversee high-risk industries and updated                and adjusted the report as appropriate.
its existing MOUs with external agencies to ensure they               However, OSHA’s response did not change our
are current and include accountability characteristics.               conclusions in the report.

   Figure 2: U.S. Federal Agencies with Enforcement or Oversight Personnel in
                          COVID-19 High Risk Industries


         Department of               Department of Health and                        Department        Department
          Agriculture                    Human Services                               of Justice        of Labor



                                     Centers for
          Food Safety and             Medicare         Food and Drug                  Bureau of       Wage and Hour
         Inspection Service         and Medicaid       Administration                  Prisons          Division
                                      Services




                                                       Full and                       Correctional      All Business
           Food                Healthcare
                                                   Limited Service                    Institutions     Establishments
        Manufacturing                               Restaurants,                                         with Wage
                                                   Drinking Places                                        Earners



                                      General                           Seafood
                                      Medical                          Processing
                 Meat and
                  Poultry           and Surgical
                Processing           Hospitals

                                                   Supermarkets
                                                     and Other
                                                   Grocery Stores
                                 Nursing
                                  Care
                                Facilities,
                                 Skilled                               Gasoline
                                 Nursing                             Stations with
                                                                     Convenience
                                                                        Stores


                                                    Department
                                                      Stores
                                                                                                     Source: OIG analysis


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                          49
                          Worker Safety, Health, and Workplace Rights
For more information, go to https://www.oig.dol.gov/        show that NRCS had been purchasing equipment to
public/reports/oa/2022/19-22-003-10-105.pdf, Report         test the contents of railcars for benzene and had taken
No. 19-22-003-10-105 (March 31, 2022).                      other required safety precautions, though NRCS had
                                                            not actually taken those steps.
Nebraska Railcar Cleaning Services
and Owners Sentenced for Violating                          In 2015, NRCS received an inquiry from one of its
Environmental and Worker Safety                             customers about cleaning product residue from a rail
                                                            tanker car that contained a highly flammable product
Laws Related to Workers’ 2015 Deaths
                                                            and benzene. NRCS responded that it could clean the
                                                            railcar. However, NRCS did not test the tanker car’s
On January 14, 2022, Nebraska Railcar Cleaning
                                                            benzene as required. On April 14, 2015, approximately
Services LLC (NRCS), as well as its president and
                                                            one hour after two employees were sent into the tanker
owner, Steven Braithwaite, and its vice president
                                                            to complete the cleaning job, its contents ignited and
and co-owner, Adam Braithwaite, were sentenced
                                                            exploded, killing both employees and injuring a third.
in Omaha, Nebraska. NRCS was sentenced to
60 months’ probation and fined $21,000. Adam
                                                            This was a joint investigation with the U.S.
Braithwaite was sentenced to 12 months and 1 day in
                                                            Environmental Protection Agency Criminal
prison and $100,000 in restitution. Steven Braithwaite
                                                            Investigation Division. United States v. Nebraska
was sentenced to 30 months in prison and $100,000
                                                            Railcar Cleaning Services (D. Nebraska)
in restitution.

The sentencings were a result of guilty pleas stemming
                                                            Owner of an Idaho Tanker Company
from an investigation into an April 2015 fatal railcar      Sentenced to Prison for Lying to
explosion that killed two workers and injured a third.      OSHA and Violating Department of
The charges include conspiracy, violating worker            Transportation Safety Standards
safety standards resulting in worker deaths, violating
the Resource Conservation and Recovery Act                  On November 19, 2021, Loren Jacobson, an owner
(RCRA), and submitting false documents to OSHA.             of a tanker testing and repair company, KCCS Inc.,
                                                            was sentenced to 1 month in federal prison, 5 months
NRCS was in the business of cleaning railcars, which        of home confinement, and a $15,000 fine for lying to
often involved NRCS sending workers inside the cars’        an Occupational Safety and Health Administration
tanks to scrape and remove various fuel residual            (OSHA) official and for making an illegal repair to a
products, including highly flammable compounds such         cargo tanker in violation of the Hazardous Materials
as benzene. Prior to the April 2015 explosion, OSHA         Transportation Act.
officials conducted inspections and notified NRCS
that it was in violation of safety regulations concerning   In August 2018, an explosion occurred at KCCS
confined space entries. Steven Braithwaite ultimately       during a cargo tanker repair, which severely
entered into a written agreement with OSHA, in              injured a KCCS employee. After the explosion, an
which he represented that NRCS had been testing             OSHA investigator interviewed Jacobson about
for benzene since July 2014. Adam Braithwaite also          the circumstances surrounding the accident, and
submitted falsified documents to OSHA purporting to         Jacobson lied to the OSHA investigator during


50                                               Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                         Worker Safety, Health, and Workplace Rights
the interview. Jacobson also did not possess the          New Jersey Man Admits to Conspiring
necessary certification to conduct cargo tanker           with Brother, an OSHA Compliance
repairs, which he regularly conducted at KCCS.
                                                          Officer, to Extort Contractors
Jacobson had a routine practice of making repairs
despite knowing that he did not have the required
                                                          On December 21, 2021, Paul Idrovo pled guilty to
certification to do so. In addition, he sent employees
                                                          conspiring to commit an act of extortion under cover
into the cargo tankers to weld patches from the
                                                          of his brother’s position as a compliance safety and
inside so that the illegal repairs would not be visible
                                                          health officer (CSHO) with the Occupational Safety
from the outside. Jacobson directed one of his
                                                          and Health Administration (OSHA). Paul Idrovo was
employees to make a hidden repair of this type on
                                                          previously charged in September 2020, along with
the tanker that subsequently exploded, in violation of
                                                          his brother, Alvaro Idrovo, with conspiring to commit
OSHA safety standards.
                                                          an offense against the United States based on the
                                                          extortion of a New Jersey contractor.
This was a joint investigation with the U.S.
Department of Transportation Office of Inspector
                                                          According to court documents and statements made
General. U.S. v. Loren Jacobson, (D. Idaho)
                                                          in open court, while acting in an official capacity
Philadelphia Business Owner Convicted at Trial of
                                                          as an OSHA CSHO, Alvaro Idrovo misrepresented
Bribing an OSHA Inspector
                                                          to contractors in New Jersey that they were facing
                                                          significant OSHA fines and penalties if they did not
On December 13, 2021, Tony Ren, owner of Hua Da
                                                          obtain OSHA safety training from a specific individual.
Construction, was convicted at trial of two counts of
                                                          Alvaro Idrovo would provide the contractors with
bribing a public official. In September 2021, Ren was
                                                          the phone number for the required trainer, allegedly
charged in an indictment with two counts of bribery.
                                                          named “Jose Diaz” or “Paul Mejia,” when in fact the
The charges arose from Ren’s attempts to bribe an
                                                          phone number actually belonged to Paul Idrovo,
OSHA compliance safety and health officer (CSHO).
                                                          posing under these names to conceal the brothers’
                                                          relationship.
In October 2017, an OSHA CSHO conducted an
inspection of a construction worksite in Philadelphia,
                                                          In furtherance of their fraud scheme, the brothers,
Pennsylvania, in response to an imminent hazard
                                                          who initially demanded higher sums of cash,
report. During the inspection, the CSHO observed
                                                          ultimately charged the contractors $4,000 to $6,000
numerous violations of OSHA standards including
                                                          each for the safety training. Paul Idrovo collected the
debris in passageways, electrical issues, holes in the
                                                          cash and provided the contractors with fraudulent
floor, and gas tanks with broken pressure gauges. On
                                                          computer generated safety and health certificates
two separate dates in November 2017, Ren offered
                                                          that falsely stated the employees had received
cash bribes to the OSHA CSHO in exchange for the
                                                          OSHA-certified safety training from “Jose Diaz”
official falsifying the inspection results and agreeing
                                                          and “Paul Mejia.” Paul Idrovo shared portions of the
not to report the violations so that Ren could avoid
                                                          extortion payments with Alvaro Idrovo.
the substantial financial penalties that would follow.
This was a joint investigation with OSHA. United
                                                          This is a joint investigation with the FBI. United States
States v. Tony Ren (E.D. Pennsylvania)
                                                          v. Alvaro Idrovo et al. (D. New Jersey)



Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                               51
                               Worker Safety, Health, and Workplace Rights

                 Bureau of International Labor Affairs
     The Bureau of International Labor Affairs (ILAB) strengthens global labor standards, enforces labor
     commitments among trading partners, promotes racial and gender equity, and combats international child
     labor, forced labor, and human trafficking.


ILAB Properly Performed Oversight                                The OIG contracted with the independent certified
in Compliance with the USAID                                     public accounting firm of Castro & Company,

Memorandum of Agreement and                                      LLC (Castro) to conduct a performance audit to
                                                                 determine if ILAB: (1) ensured IMPAQ performed
Ensured IMPAQ International,
                                                                 in accordance with the cooperative agreement
LLC Was in Compliance with the                                   requirements; (2) ensured costs claimed under the
Cooperative Agreement Requirements                               cooperative agreement were allowable, supported,
                                                                 and in accordance with applicable laws, regulations,
To better support ILAB’s mission to promote a                    guidelines, and terms and conditions of the
fair global playing field for workers around the                 cooperative agreement; and (3) properly performed
world, the United States Agency for International                oversight over IMPAQ in compliance with the MOA
Development (USAID) transferred $4 million to                    and its policies and procedures.
ILAB under a memorandum of agreement (MOA).
On September 26, 2017, ILAB awarded the $4                       Castro determined ILAB ensured IMPAQ performed
million through a cooperative agreement to IMPAQ                 in accordance with the cooperative agreement
International, LLC (IMPAQ), and on June 4, 2020,                 requirements; ensured IMPAQ’s claimed costs
ILAB awarded additional funding to IMPAQ in the                  were allowable, supported, and in accordance
amount of $345,000 for a total funded amount of                  with applicable laws, regulations, guidelines, and
$4,345,000. IMPAQ used the funding to support                    terms and conditions of the cooperative agreement;
the “Labor Market Supply and Demand in the                       and properly performed oversight over IMPAQ
Northern Triangle: Leveraging Data to Build an                   in compliance with the MOA and its policies and
Efficient Labor Market in Central America” project,              procedures.
which focuses on increasing the efficiency of El
Salvador, Guatemala, and Honduras labor markets                  Although IMPAQ did not meet five performance
by strengthening their information systems to create             indicator targets, both IMPAQ and ILAB made
useful labor market intelligence. The Inspector                  adjustments to better monitor the indicators, and
General for the agency receiving the transfer                    Castro determined this issue did not affect IMPAQ
or allocation of such USAID funds is statutorily                 in achieving the overall project goals or ILAB’s
required to perform periodic audits regarding the                monitoring of project performance. In addition,
use of the funds.59                                              Castro identified a best practice used by ILAB
                                                                 that enabled IMPAQ to achieve the majority of the
59
     According to Public Law 114-113, Division K, Title VII,     performance objectives. To help ensure performance
General Provisions


52                                                    Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                        Worker Safety, Health, and Workplace Rights
compliance, ILAB developed and implemented               As ILAB properly performed oversight in
Management Procedures and Guidelines specific to         compliance with the USAID MOA and ensured
cooperative agreements that outlines the monitoring      IMPAQ was in compliance with the cooperative
procedures in place over those agreements. These         agreement requirements, the audit report had no
controls contributed to greater success in IMPAQ         recommendations.
achieving the performance objectives. Castro
suggested ILAB expand the use of these best              For more information, go to https://www.oig.dol.gov/
practices across all ILAB projects to ensure the         public/reports/oa/2022/17-22-001-01-070.pdf, Report
achievement of project objectives.                       No. 17-22-001-01-070 (February 11, 2022).




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                           53
Employment and Training
      Programs
                                   Employment and Training Programs

          Employment and Training Administration
                       Programs
     The Employment and Training Administration (ETA) provides employment assistance, labor market
     information, and job training through the administration of programs authorized by the Workforce
     Innovation and Opportunity Act (WIOA) for adults, youth, dislocated workers, and other targeted
     populations. WIOA grant funds are allocated to state and local areas based on a formula distribution and
     to governmental and private entities through competitive grant awards.


COVID-19: Delays in Providing                                    The firm found ETA generally administered the
Disaster Relief Jeopardize $366 Million                          DWG program in accordance with applicable federal
Disaster Worker Grant Program                                    regulations and guidelines. However, there was a
                                                                 significant delay in grantees providing disaster relief
                                                                 employment and training services. For the first 9
The CARES Act provided additional funding
                                                                 months of the grants, DWG grantees did not perform
to ETA under Division B, Title VIII, for Disaster
                                                                 at a rate that would enable them to meet planned
National Dislocated Worker Grants (DWG). Of the
                                                                 outcomes as DWGs are expected to be utilized
$366 million ETA awarded in 57 grants from April
                                                                 over a 24-month period. With over 38 percent of the
2020 to August 2020, $248 million were CARES
                                                                 grant periods elapsed and minimal (8 percent) grant
Act funds for training and employment services
                                                                 spending, there is a lack of evidence to support that
and other necessary expenses directly related to
                                                                 grantees will effectively use the funds and deliver
the consequences of the COVID-19 pandemic.
                                                                 services by the end of the grant periods. Collectively,
Prior OIG audits60 have raised concerns
                                                                 grantees had limited planned participants enrolled and
about ETA’s grant investments not achieving
                                                                 employed (see Figure 3).
performance goals, including significant delays
in grantees providing disaster relief employment
                                                                 These issues occurred in part because ETA relied
and training services, and ETA needing to provide
                                                                 on existing DWG guidance and measures and did
better oversight of DWGs. Due to these concerns,
                                                                 not establish additional metrics or guidance to assist
the OIG contracted with an independent certified
                                                                 grantees with the timely delivery of services to quickly
public accounting firm (firm) to determine if ETA
                                                                 assist dislocated workers with disaster relief activities.
administered the CARES Act-funded DWG
program in accordance with applicable federal
                                                                 The firm made four recommendations to ETA to
regulations and guidelines.
                                                                 provide dedicated technical assistance to four states
                                                                 and provide close monitoring for the remaining DWGs
60
     For example, ETA Needs to Improve its Disaster              to ensure performance and to amend its guidance
National Dislocated Worker Program, Report No. 02 21             to include specified timeline provisions and technical
002-03-391 (January 29, 2021), available at https://www.         assistance. Any of the remaining funds (determined
oig.dol.gov/public/reports/oa/2021/02-21-002-03-391.pdf          as not needed) should be returned to the Treasury or


56                                                    Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               Employment and Training Programs
recouped as soon as practicable so that these funds      For awarding grants, ETA must have sufficient
can be made available for other allowable purposes.      controls to ensure grant applicants’ proposals meet all
                                                         solicitation requirements. In 2015 and 2019, the OIG
For more information, go to https://www.oig.dol.gov/     identified concerns with ETA’s grant award processes.
public/reports/oa/2022/19-22-002-03-391.pdf, Report      For example, in 2019, ETA awarded $183 million
No. 19-22-002-03-391 (January 28, 2022).                 to deliver technical training to help participants get
                                                         jobs in H-1B occupations even though all grantees
Advisory Report: ETA’s Management                        detailed non-H-1B-related occupational training in
of Workforce Development Grants: Key                     their proposals. Further, our review of 400 participants
Concerns                                                 revealed only 7 percent received H-1B-related training
                                                         and only 5 percent obtained and retained H-1B-
                                                         related jobs. ETA has made progress in this area,
As part of its efforts to provide employment
                                                         and we closed the corresponding recommendations.
assistance and job training, ETA administers grants
                                                         However, continued attention is necessary as ETA
to fund public employment and training programs,
                                                         needs sufficient controls in its grant award processes
such as those to assist dislocated workers. Over
                                                         to ensure past issues do not reoccur.
the past decade, the OIG has reported numerous
issues with ETA’s management of federal grant funds.
                                                         For reviewing grantees’ use of funds, ETA must have
This advisory report reviewed 17 reports published
                                                         sufficient controls to ensure its grantees use grant
from March 2011 to September 2021 that identified
                                                         funds as intended (i.e., in accordance with applicable
upwards of $489 million in grant funds that were
                                                         requirements). In both 2018 and 2021, the OIG found
inefficiently used, including funds put to better use
                                                         grant funds were misused by grantees or could have
and questioned costs, and numerous findings related
                                                         been put to better use. Weaknesses in ETA’s review
to ETA’s grants management. While ETA has made
                                                         of grantees’ spending allowed this to occur. For
progress in addressing our specific findings and
                                                         example, in 2021, we reported $2.5 million in disaster
recommendations, our work over the years shows
                                                         grant funds meant for hurricane cleanup remained
similar deficiencies continue to emerge and persist.
                                                         unspent after 2 years. ETA has taken action to
This advisory report covered three key areas of
                                                         address most of our prior recommendations related to
concern meriting attention from ETA relating to: (1)
                                                         this second area. However, it is crucial ETA continue
awarding grants, (2) reviewing grantees’ use of funds,
                                                         to strengthen its processes in reviewing grantees’
and (3) measuring grantee performance.


                    Figure 3: Grantees Not Meeting Planned Outcomes




                              Source: OIG analysis of ETA and grantee data


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                              57
                                Employment and Training Programs
use of funds to ensure limited resources are used          use of hundreds of millions of dollars of grant funds.
efficiently and as intended.                               We therefore advise ETA to prioritize these areas and
                                                           make any necessary adjustments to better utilize its
In addition, ETA needs to ensure it properly measures      resources and improve performance to ensure grant
how well its grantees perform, especially in relation to   funds are used properly.
the specific program objectives. Our recent audit work
from 2018 to 2020 found ETA could not determine if         For more information, go to https://www.oig.dol.gov/
its programs were effective because it did not have        public/reports/oa/2022/09-22-001-03-001.pdf, Report
clear performance goals, performance metrics, and/         No. 09-22-001-03-001 (March 31, 2022).
or the underlying data was inaccurate and incomplete.
For example, in 2020, we reported ETA awarded              Career Coach Sentenced to 2 Years in
64 grants intended to help previously incarcerated         Prison for Stealing More than $68,000
youth overcome employment barriers and prevent
                                                           from Workforce Development Program
reincarceration due to a new offense. We found ETA
lacked outcome data at the time these grants were
                                                           On January 6, 2022, Jessica Miller was sentenced to
operating for nearly half of participants aged 17 and
                                                           24 months in prison and ordered to pay over $71,000
under—a group that constituted approximately two
                                                           in restitution to DOL and a financial institution after
thirds of program enrollment—because it did not
                                                           pleading guilty to wire fraud for defrauding the federal
establish procedures to account for participants who
                                                           government.
exited the program. ETA also lacked complete data to
determine if grantees achieved certain outcomes.
                                                           From July 2016 to November 2019, Jessica Miller
                                                           was employed as a career coach to provide training
As a result, ETA could not show if the grants
                                                           to job seekers, using federal funds made available
improved education and employment outcomes for
                                                           by DOL under the Workforce Innovation and
program participants. ETA has made progress in this
                                                           Opportunity Act (WIOA).
third area, and we closed many of the corresponding
recommendations. However, the frequency and
                                                           As a career coach, Miller was responsible for
similarity of the issues we identified underscore
                                                           providing career guidance, case management, and
the importance of ETA continuing to establish
                                                           follow-up to participants in the youth program. Miller
performance goals and metrics that accurately
                                                           previously admitted in court that, while serving as
measure grantees’ performance using reliable and
                                                           a career coach, she engaged in a scheme to divert
accurate data.
                                                           government funds for her own benefit.

While ETA has taken action to address many of the
                                                           Among other schemes, Miller created fraudulent
related findings and recommendations from our last
                                                           documents that falsely indicated that qualified
decade of reports, it must also proactively monitor
                                                           individuals had made reimbursable purchases and
these three key areas—awarding grants, reviewing
                                                           were seeking reimbursement for those costs. Miller
grantees’ use of funds, and measuring grantee
                                                           then submitted the fraudulent documents and cashed
performance—and continue to assess for these
                                                           the reimbursement checks. Miller also created and
weaknesses to ensure they do not reoccur. Such
                                                           submitted fraudulent documents, which included
weaknesses can and have resulted in the inefficient


58                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                 Employment and Training Programs
students’ forged signatures, indicating that students had   also submitted false invoices to the Manufacturing
successfully completed certain milestones that entitled     Innovation Fund (MIF) Program for training that was
them to gift cards, which Miller retained for herself.      never provided. Through this scheme, Kania caused
                                                            more than $940,000 in loss to the wage subsidy
To further perpetuate the scheme, Miller opened             programs and $115,000 in loss to the MIF Program.
bank and other accounts in the names of students            Kania also underreported his total income on his 2014
without their knowledge and consent and used those          through 2018 federal tax returns by failing to account
accounts to cash the fraudulent reimbursement               for almost $300,000 in business funds that he used for
checks. In total, Miller defrauded at least 40              personal expenses.
individuals and diverted more than $68,000 in
government funds for her own personal enrichment.           This is a joint investigation with the IRS-CI. United
                                                            States v. David Kania (D. Connecticut)
This was a joint investigation with the North Carolina
State Bureau of Investigations and the Conover Police       Vermont Woman Pled Guilty to
Department, North Carolina. United States v. Jessica        Nonprofit Embezzlement
Anne Miller (W.D. North Carolina)
                                                            On November 10, 2021, Louise Larivee, the former
Middlefield Man Pled Guilty to                              Abenaki Self-Help Association (ASHAI) grant director,
Defrauding State Jobs Programs                              pled guilty in United States District Court to a federal
                                                            fraud charge. The guilty plea came on the third day of
On November 15, 2021, David Kania pled guilty to            a jury trial.
offenses stemming from his fraud against several
state-run wage subsidy and job training programs.           ASHAI functioned as the service arm of the Abenaki
                                                            Nation, promoting economic and social development
Kania was the owner and operator of three small             through programmatic efforts in education,
businesses, principally in the dietary supplement and       employment, and economic development. Each year,
beverage industry. Between 2013 and 2018, through           ASHAI received tens of thousands of dollars in grant
his companies, Kania applied for and received state         money from the U.S. Department of Labor.
subsidies for employing unemployed jobseekers,
including veterans, and for providing training to           Between 2013 and 2017, Larivee and a co-conspirator
employees. A portion of these state subsidies were          embezzled more than $100,000 from ASHAI. At
funded through the U.S. Department of Labor Ready-          Larivee’s request, a co-conspirator issued checks
to-Work Partnership initiative, which was formed to         and provided cash to Larivee that significantly
expedite the employment of Americans struggling with        exceeded Larivee’s authorized compensation. Larivee
long-term unemployment. In order to receive funds,          also received travel reimbursement checks based
Kania submitted false documents to the Connecticut          on fraudulently inflated mileage claims. The co-
Department of Labor and the state Workforce                 conspirator covered up this fraud by sending tax forms
Investment Board, which administer wage subsidy             to the IRS that concealed the true amount of ASHAI
programs, showing that he had hired certain workers         funds that were being paid to Larivee.
and that they worked for his businesses for a certain
period of time, when he knew that to be false. Kania        United States v. Louise Larivee (D. Vermont)

Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                    59
                                   Employment and Training Programs

                                                 Job Corps
     The Job Corps program provides education, training, and support services to thousands of
     disadvantaged, at-risk youths, ages 16–24, at more than 120 Job Corps centers nationwide, both
     residential and nonresidential. The goal of the over $1.7 billion program is to offer an intensive
     intervention to members of this targeted population as a means to help them learn vocational skills, earn
     a high school diploma or general equivalency diploma, and find and keep a good job.


COVID-19: Safety
and Remote Learning
Challenges Continue for
Job Corps
In March 2020, Job Corps,
administered by ETA, suspended
operations at 121 campuses and
sent nearly 29,000 students home.
Over the following months, Job
Corps centers developed protocols
to resume on-campus operations
and transitioned from in-person to
remote instruction. As of August
2021, on-campus operations had
resumed at 113 centers. Given a
previous OIG report61 that described
                                                               While Job Corps established specific requirements
the many hurdles Job Corps faced fulfilling its
                                                               for safely returning students and staff to centers,
mission and operational responsibilities, we
                                                               such as reducing capacity and installing barriers
conducted a performance audit to determine
                                                               to help with physical distancing, we found gaps in
how the COVID-19 pandemic impacted Job
                                                               the oversight of COVID-19 safety precautions for
Corps’ efforts to safely and effectively educate its
                                                               resuming on-campus operations. This included
students. We found the pandemic had a significant
                                                               not visiting centers (virtually or in-person) to verify
impact on Job Corps’ efforts to develop and
                                                               safety precautions were followed before and after
implement protocols to safely resume on-campus
                                                               centers resumed on-campus operations and
operations and provide effective remote instruction.
                                                               not rejecting center plans that did not address
                                                               checklist requirements. By July 2021, Job Corps
61
     COVID-19: ETA Should Continue to Closely Monitor          brought students and staff back to 112 centers, but
Impact on Job Corps Program, Report No. 19-20-007-03-          it reviewed less than half of them for compliance
370 (July 28, 2020), available at: https://www.oig.dol.gov/    with select safety requirements (e.g., masking and
public/reports/oa/2020/19-20-007-03-370.pdf


60                                                  Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                              Employment and Training Programs
installing physical barriers). Instead, Job Corps        hands-on, skill-based portions of training were
relied on written explanations and declarations          effectively on hold until they returned to campus.
from centers and infrequent assessments. These           Partly as a result, Job Corps’ student enrollment
gaps diminished Job Corps’ ability to detect and         dropped 56 percent from March 2020 to April
correct COVID-19 risks timely, if at all, and to         2021, trades training completions dropped
maintain a safe environment for students and staff       to zero from April 2020 to April 2021, and
at campuses during the pandemic.                         the average length of time it took students to
                                                         complete the program more than doubled from
Furthermore, since suspending in-person                  approximately 8 months to 18 months.
instruction and shifting to remote learning,
Job Corps encountered many challenges                    We made four recommendations to ETA
ranging from an inadequate remote learning               focusing on continuing COVID-19 safety protocol
infrastructure to ensuring students had the              development and monitoring, identifying and
resources to learn remotely. For example, more           closing student learning gaps, and increasing
than 68 percent of its students needed basic             oversight of remote instructional programs. ETA
tools, including computers and internet access.          agreed with our recommendations and indicated
In addition, Job Corps could not perform key             the agency has already taken action to implement
aspects of basic skills and technical instruction        some of the recommendations.
programs virtually. Centers developed innovative
alternatives to in-person instruction, such as           For more information, go to https://www.oig.dol.
live-streaming instructor demonstrations and             gov/public/reports/oa/2022/19-22-001-03-370.
supplying material kits for students to practice         pdf, Report No. 19-22-001-03-370 (November
at home. However, for many students, the                 12, 2021).




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                            61
                               Employment and Training Programs

          Foreign Labor Certification Programs
ETA administers a number of Foreign Labor                least 2017 to obtain H-1B visas from government
Certification (FLC) programs that allow U.S.             agencies by submitting H-1B applications that
employers to employ foreign workers to meet              contained false and fraudulent statements. Kavuru
domestic worker shortages, PERM, H-1B, H-2A,             admitted to submitting more than 100 applications
and H-2B. The PERM program allows an employer            that falsely described available H-1B positions and
to hire foreign nationals to work in the United          falsely stated that the H-1B workers were to be
States on a permanent basis, while the H-1B,             placed at specific companies. Kavuru admitted he
H-2A, and H-2B programs are for temporary                knew at the time he submitted the applications that
employment in the United States. The H-1B                the companies did not have the named jobs and
program allows employers to hire foreign workers         that he did not intend to place the workers at those
on a temporary basis in specialty occupations            companies. None of those foreign skilled workers
or as fashion models. The H-2A program allows            were ever placed at those companies.
employers to hire foreign workers for temporary
agricultural jobs, in contrast to the H-2B program
which is for temporary non agricultural jobs. ETA
ensures the admission of foreign workers into the
United States on a PERM, H-2A, or H-2B visa will
not adversely affect job opportunities, wages, and
working conditions of U.S. workers. The OIG also
investigates labor trafficking cases that involve
fraud against FLC programs.


Northern California Man Sentenced
to 15 Months in Prison and Ordered                       Kavuru further admitted that he required the H-1B
                                                         foreign skilled workers to pay him thousands
to Forfeit More than $533,000 in Work
                                                         of dollars in cash for the cost of preparing and
Visa Fraud Scheme
                                                         submitting their H-1B visa petitions, which is a
                                                         violation of DOL regulations. He also admitted
On November 22, 2021, Kishore Kavuru was
                                                         to requiring his H-1B visa recipients to go unpaid
sentenced to 15 months of prison and ordered
                                                         for months while he looked for legitimate H-1B
to forfeit more than $533,000 for his role in
                                                         positions for them, violating DOL regulations
orchestrating a work visa fraud scheme.
                                                         by failing to pay H-1B workers while they were
                                                         “benched” in this manner.
Kavuru, the owner and chief executive officer of
four IT consulting companies that specialized in
                                                         This is a joint investigation with Homeland Security
obtaining H-1B visas for foreign skilled workers,
                                                         Investigations. U.S. v. Kishore Kavuru (N.D. California)
engaged in a scheme from 2009 through at



62                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
Labor Racketeering
                                              Labor Racketeering

                                    Labor Racketeering
     Under the Inspector General Act of 1978, the OIG is responsible for investigating labor racketeering
     and the influence of organized criminal enterprises involving unions, employee benefit plans, and labor-
     management relations.
     Labor racketeering refers to the infiltration, exploitation, or control of a union, employee benefit plan,
     employer entity, or workforce, carried out through illegal, violent, or fraudulent means. OIG labor
     racketeering investigations focus largely on individuals and organized criminal enterprises engaged
     in embezzlement, extortion, violence against union members or employers, and other related criminal
     activities.
     Our investigations continue to identify fraudulent payments from employers to union representatives in
     order to gain favorable labor agreements for the employer. Our investigations have also identified complex
     financial and investment schemes used to defraud union affiliated benefit plans, resulting in millions of
     dollars in losses to plan participants.


Illinois Politician Pled Guilty to Fraud                      $249,000 in salary, benefit plan contributions, and
Related to Union Employment                                   reimbursed medical claims during his employment.
                                                              Cullerton was first elected to the Illinois Senate in
On March 8, 2022, former Illinois State Senator               November 2012. He resigned from his Senate post
Thomas E. Cullerton pled guilty to embezzlement               in February 2022.
of union funds in connection to his employment with
Teamsters Joint Council 25.                                   This is a joint investigation with the FBI. United
                                                              States v. Thomas E. Cullerton (N.D. Illinois)
Cullerton was hired in early 2013 as a purported
union organizer and remained on the payroll until             Former International Labor Union
February 2016. During his Teamsters employment,               Official Sentenced to 24 Months in
Cullerton received a salary commensurate with                 Prison for Health Care Fraud and
other full-time organizers, monthly car and telephone         Union Embezzlement
allowances, and annual bonuses. The union also
paid for Cullerton’s participation in union-sponsored         On October 14, 2021, Roderick Bennett, the
pension, health and welfare benefit programs.                 former chief of staff for the Laborers’ International
                                                              Union of North America (LIUNA), headquartered
As part of the plea agreement, Cullerton admitted             in Washington, DC, was sentenced to 24 months
that he did little to no work as an organizer during          in federal prison and ordered to pay more than
his employment with the Teamsters. Cullerton also             $155,000 in restitution to LIUNA.
admitted that he routinely ignored requests from              In July 2021, a jury found Bennett guilty of health
supervisors that he perform the job functions of              care fraud for fraudulently placing his girlfriend on
an organizer. Cullerton received approximately                the union health care plan designed for LIUNA


64                                                Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                         Labor Racketeering
headquarters employees when he knew she                  Brotherhood of Electrical Workers (IBEW Local
was ineligible to participate in the plan. Bennett       98), and Robert Henon, City of Philadelphia
previously pled guilty to three counts of theft          councilmember, were convicted at trial of multiple
or embezzlement from a labor organization in             crimes involving public corruption including
November 2018 stemming from unauthorized                 conspiracy to commit honest services fraud, and
personal purchases that he made using his LIUNA-         Henon was convicted of bribery.
issued credit card, which exceeded $150,000.
                                                         Evidence presented during the trial demonstrated
This was a joint investigation with OLMS and EBSA.       that Henon received a salary from IBEW Local 98
United States v. Roderick Bennett (D. District of        and other things of value from Dougherty and, in
Columbia)                                                exchange, Henon used his position as a member
                                                         of the City of Philadelphia’s City Council to serve
IBEW Local 98 Business Manager                           Dougherty’s interests, thereby defrauding the City of
and Philadelphia City Councilmember                      Philadelphia and its citizens of the right to Henon’s
Found Guilty of Public Corruption                        honest services as a member of the City Council.

                                                         This is a joint investigation with the IRS–CI, FBI,
On November 15, 2021, John Dougherty,
                                                         OLMS, and EBSA. United States v. John Dougherty
business manager of Local 98 of the International
                                                         et al. (E.D. Pennsylvania)




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                              65
Departmental Management
                                      Departmental Management

                         Departmental Management
     The OIG performs oversight work involving the Department’s operations, financial management, and
     information technology (IT) services.


FY 2021 Independent Auditors’ Report                      In addition, KPMG identified certain deficiencies
on the DOL Financial Statements                           in internal control that they considered to be a
                                                          material weakness and determined improvements
The OIG contracted with the independent certified         were needed in controls over financial reporting
public accounting firm KPMG LLP (KPMG) to audit           related to unemployment trust fund (UTF)
DOL’s annual financial statements, which comprise the     balances and activity. New UI pandemic programs,
consolidated financial statements and sustainability      including Federal Pandemic Unemployment
financial statements. KPMG issued a modified opinion      Compensation (FPUC) and Pandemic
on the consolidated financial statements—DOL’s first      Unemployment Assistance (PUA), resulted in a
such in 25 years—and one material weakness on             significant increase in UI benefit disbursement
internal control over financial reporting.                and related activity in UTF. However, KPMG
                                                          found certain management controls were not
Overall, KPMG found the sustainability financial          sufficiently designed and documented to support
statements presented fairly, in all material respects,    the specific items reviewed, analyses performed,
DOL’s social insurance information and its changes        and conclusions reached for certain UTF balances
in social insurance amounts in accordance with U.S.       and related transactions. These deficiencies
generally accepted accounting principles. KPMG            resulted in material corrections to the FY 2021
also found the consolidated financial statements          DOL financial statements and notes and increased
presented fairly DOL’s financial position and its         the risk that other misstatements could occur and
net costs, changes in net position, and budgetary         not be prevented or detected and corrected in a
resources in accordance with U.S. generally               timely manner.
accepted accounting principles.
                                                          To address these deficiencies, KPMG provided
KPMG modified its opinion because they were               three recommendations to the Assistant
unable to obtain sufficient appropriate audit evidence    Secretary for Employment and Training and
about the methodology and certain underlying              two recommendations to the Acting Chief
assumptions used to estimate the balances included        Financial Officer. Management agreed with the
in $47.3 billion in obligations related to the COVID-19   recommendations and indicated actions have
pandemic-related UI programs. Consequently,               already been taken to improve policies and
they were unable to determine whether any                 procedures for internal control.
adjustments to these amounts were necessary
and the completeness of the benefit overpayment           For more information, go to https://www.oig.dol.
receivable, which included $4.4 billion in UI benefit     gov/public/reports/oa/2022/22-22-003-13-001.pdf,
overpayments related to COVID-19.                         Report No. 22-22-003-13-001 (November 19, 2021).


68                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                       Departmental Management
Management Advisory Comments                               and regulations related to the fund, which disclosed
Identified in an Audit of the                              a significant deficiency that we have reported every

Consolidated Financial Statements for                      year since 2017 pertaining to internal controls over
                                                           claims examiners’ review of FECA claims. The
the Year Ended September 30, 2021
                                                           firm also performed agreed-upon procedures and
                                                           identified certain differences as a result of performing
In a separate Management Advisory Comments
                                                           the procedures over the actuarial liability and the
report, the independent public accounting firm
                                                           benefit expense.
provided additional information to DOL management
on issues identified during the OIG-contracted
                                                           For more information, go to https://www.oig.dol.gov/
financial statement audit that did not rise to the level
                                                           public/reports/oa/2022/22-22-001-04-431.pdf, Report
of significant deficiencies. The additional information
                                                           No. 22-22-001-04-431 (November 3, 2021).
represented opportunities for DOL to improve internal
controls or achieve other operating efficiencies. The
firm identified three new comments and six prior-year
                                                           Longshore and Harbor Workers’
comments still present in FY 2021 and noted the            Compensation Act Special Fund
resolution of seven prior-year comments closed in          Financial Statements and Independent
FY 2021. By satisfactorily addressing the outstanding      Auditors’ Report
comments in the report, departmental management
will help ensure that these issues do not rise to the      The Longshore and Harbor Workers’ Compensation
level of significant deficiencies in the future.           Act (LHWCA) provides medical benefits,
                                                           compensation for lost wages, and rehabilitation
For more information, go to https://www.oig.dol.gov/       services for job-related injuries and diseases
public/reports/oa/2022/22-22-004-13-001.pdf, Report        sustained by private-sector workers in certain
No. 22-22-004-13-001 (December 20, 2021).                  maritime and related employment. The LHWCA also
                                                           extends benefits to dependents if any injury results
Special Report Relating to the Federal                     in the worker’s death. The OIG contracted with an
Employees’ Compensation Act Special                        independent public accounting firm (firm) to audit the
                                                           financial statements of the LHWCA’s Special Fund
Benefit Fund
                                                           (Fund) as of September 30, 2020. The firm issued an
                                                           unmodified opinion, meaning the financial statements
The OIG contracted with an independent certified
                                                           presented fairly, in all material respects, the financial
public accounting firm to audit the Federal Employees’
                                                           position of the Fund, and its net costs, changes in net
Compensation Act (FECA) Special Benefit Fund’s
                                                           position, and budgetary resources for the years then
Schedule of Actuarial Liability, Net Intra-governmental
                                                           ended in accordance with U.S. generally accepted
Accounts Receivable, and Benefit Expense Fund
                                                           accounting principles.
as of, and for the year ended, September 30, 2021.
The firm issued an unmodified opinion, meaning the
                                                           As part of its audit, the firm also considered the
schedule was presented fairly in all material respects
                                                           Fund’s internal control over financial reporting (internal
and in conformity with U.S. generally accepted
                                                           control), but not for the purpose of expressing its
accounting principles. The firm also performed
                                                           opinion on the effectiveness of the Fund’s internal
certain tests of controls and compliance with laws


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                 69
                                       Departmental Management
control nor to identify all deficiencies that might be     As part of its audit, the firm also considered the Fund’s
material weaknesses or significant deficiencies. The       internal control over financial reporting (internal control),
firm identified certain deficiencies in internal control   but not for the purpose of expressing its opinion on
it considered to be a significant deficiency, instances    the effectiveness of the Fund’s internal control nor
where the claims examiners’ reviews were not               to identify all deficiencies that might be material
performed in accordance with the relevant procedure        weaknesses or significant deficiencies.62 While the firm
manual and also instances of incorrectly calculated        did not identify any deficiencies in internal control that
benefit payment amounts. As part of obtaining              it considered to be material weaknesses, it did identify
reasonable assurance, the firm also performed              certain deficiencies in internal control that it considered
certain tests of the Fund’s compliance with applicable     to be a significant deficiency, instances where the
laws and regulations and its test results disclosed no     claims examiners’ reviews were not performed in
instances of noncompliance or other matters required       accordance with the relevant procedure manual and
to be reported under Government Auditing Standards.        also instances of incorrectly calculated benefit payment
                                                           amounts. As part of obtaining reasonable assurance,
For more information, go to https://www.oig.dol.gov/       the firm also performed certain tests of the Fund’s
public/reports/oa/2022/22-22-005-04-432.pdf, Report        compliance with applicable laws and regulations and its
No. 22-22-005-04-432 (March 31, 2022).                     test results disclosed no instances of noncompliance
                                                           or other matters required to be reported under
District of Columbia Workmen’s                             Government Auditing Standards.
Compensation Act Special Fund
Financial Statements and Independent                       For more information, go to https://www.oig.dol.gov/
                                                           public/reports/oa/2022/22-22-006-04-432.pdf, Report
Auditors’ Report
                                                           No. 22-22-006-04-432 (March 31, 2022).

The District of Columbia Workmen’s Compensation
Act of 1928 (DCCA) provides medical benefits,
                                                           The U.S. Department of Labor Digital
compensation for lost wages and rehabilitation             Accountability and Transparency Act of
services for job-related injuries, diseases, or death      2014 Performance Audit
of certain private-sector workers in the District of
Columbia. The DCCA Special Fund (Fund) also                The Digital Accountability and Transparency Act of
extends benefits to dependents if any injury resulted      2014 (DATA Act) established standards intended to
in the employee’s death. The OIG contracted with           help taxpayers and policymakers understand how
an independent public accounting firm (firm) to            62
                                                                A deficiency in internal control exists when the design
audit the financial statements of the Fund as of
                                                           or operation of a control does not allow management
September 30, 2020. The firm issued an unmodified
                                                           or employees, in the normal course of performing their
opinion, meaning the financial statements presented
                                                           assigned functions, to prevent, or detect and correct,
fairly, in all material respects, the financial position
                                                           misstatements on a timely basis. A significant deficiency
of the Fund, and its net costs, changes in net
                                                           is a deficiency, or a combination of deficiencies, in
position, and budgetary resources for the years then
                                                           internal control that is less severe than a material
ended in accordance with U.S. generally accepted
                                                           weakness, yet important enough to merit attention by
accounting principles.
                                                           those charged with governance.


70                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                      Departmental Management
federal agencies spend taxpayer dollars and improve        We made three recommendations to the Acting
agencies’ spending oversight and data centric              Chief Financial Officer, which supersede the
decision-making. In addition to agency reporting           recommendations made in the 2019 OIG DATA
requirements, each federal agency’s Inspector General      Act report.63 Management agreed with our
must audit a statistical sample of the spending data       recommendations and indicated actions have already
submitted by its agency focusing on 59 specific data       been taken to improve data accuracy.
elements required to be tested under the DATA Act.
                                                           For more information, go to https://www.oig.dol.gov/
To evaluate DOL’s compliance with these standards,         public/reports/oa/2022/22-22-002-13-001.pdf, Report
DOL OIG contracted with the independent certified          No. 22-22-002-13-001 (November 8, 2021).
public accounting firm of KPMG LLP (KPMG) to
determine: (1) the completeness, accuracy, timeliness,     FY 2021 FISMA DOL Information
and quality of DOL’s FY 2020 third quarter and FY          Security Report: Information Security
2021 first quarter financial and award data submitted
                                                           Continuous Monitoring Controls
for publication on USASpending.gov and (2) DOL’s
                                                           Remain Deficient
implementation and use of the government-wide
financial data standards established by Office of
                                                           Under the Federal Information Security
Management and Budget (OMB) and the U.S.
                                                           Modernization Act of 2014 (FISMA), DOL OIG is
Department of the Treasury (Treasury).
                                                           required to perform annual independent evaluations
                                                           of the Department’s information security program
KPMG determined DOL submitted data of a moderate
                                                           and practices. We contracted with KPMG LLP
quality because certain data was not submitted
                                                           (KPMG) to conduct an independent audit of DOL’s
completely, accurately, or timely. In 17,203 individual
                                                           FY 2021 information security program. The objective
data elements, KPMG identified a total of 5,368 errors,
                                                           of this audit was to determine if DOL implemented
which resulted in the following projected error rates:
                                                           an effective information security program for the
5.32 percent for completeness, 20.93 percent for
                                                           period October 1, 2020, through September 30,
accuracy, and 4.75 percent for timeliness. KPMG also
                                                           2021. KPMG determined DOL’s information security
determined DOL implemented and, except as noted
                                                           program was not effective for FY 2021.
below, is consistently using the government-wide
financial data standards established by OMB and the
                                                           KPMG reported 16 findings for DOL’s information
Treasury under the DATA Act.
                                                           security program. These findings were identified
                                                           within four of five Cybersecurity Functions and six of
KPMG identified one instance in which DOL was not
                                                           nine FISMA Metric Domains. The findings were based
consistently reporting data elements in accordance
                                                           on the 45 control deficiencies resulting from KPMG’s
with DATA Act guidance. Specifically, the Transaction
                                                           testing of 20 DOL systems and entity-wide controls.
Obligated Amount for obligations at the award and object
                                                           63
class level did not contain data for 156 of 254 grants          DATA Act: DOL’s Reported Data Generally Met Quality
samples reviewed and 85 of 131 procurement samples         Standards but Accuracy Issues Remain, DOL Report No.
reviewed. As a result, KPMG identified an internal         03-20-001-13-001 (November 21, 2019), available at:
control deficiency relevant to the audit objectives and    https://www.oig.dol.gov/public/reports/oa/2020/03-20-001-
proposed recommendations for management.                   13-001.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                 71
                                           Departmental Management
For an information security program to be considered             capabilities that continually assess the security state
effective, the majority of the FY 2021 IG FISMA                  of the systems and hold the agency and system
Reporting Metrics must be rated at least Managed                 owners accountable for identified compliance gaps.
and Measurable (Level 4). Based on KPMG’s testing
results and the CyberScope64 analysis, DOL’s                     Furthermore, in comparing the FY 2021 results to the
information security program was assessed as not                 FY 2020 FISMA assessment, we identified similar
effective because the majority were rated Consistently           issues with access management, audit log review,
Implemented (Level 3). Although DOL established                  and configuration management at the system level,
and maintained its information security program                  which, due to the restructuring of DOL’s information
and practices for its information systems for the five           technology, leads to additional concern that the findings
Cybersecurity Functions and nine FISMA Metric                    identified might also apply to other DOL systems.
Domains, KMPG found weaknesses that demonstrated
the information security program had not achieved                KPMG made 18 recommendations to strengthen
a Level 4 rating in three of the five Cybersecurity              DOL’s information security program. To improve
Functions: Identify, Detect, and Recover (see Table 1).          and progress the maturity of the information
                                                                 security program, the CIO should apply these
In reviewing the results from KPMG’s testing, we                 recommendations to its entire universe of systems.
are concerned the Chief Information Officer’s (CIO)              The CIO generally concurred with the findings
oversight over DOL’s information technology is not               and recommendations in our report and stated the
ensuring progress on implementing Information                    Department has addressed or developed plans to
Security Continuous Monitoring controls. We continue             address all recommendations.
to identify issues with the system authorization
process, system security plans, and security control             For more information, go to https://www.oig.dol.gov/
assessments. The CIO needs to obtain authority                   public/reports/oa/2022/23-22-001-07-725.pdf, Report
and access to further implement robust monitoring                No. 23-22-001-07-725 (January 28, 2022).

                        Table 1: Maturity Levels for Cybersecurity Functions
 Cybersecurity Function - Domains                                                 Maturity Level
 Identify – Risk Management (RM) and Supply Chain Risk
                                                                                  Consistently Implemented (Level 3)
 Management (SCRM)65
 Protect – Configuration Management (CM), Identity and Access
 Management (IAM), Data Protection and Privacy (DPP), and Security                Managed and Measurable (Level 4)
 Training (ST)
 Detect – Information Security Continuous Monitoring (ISCM)                       Consistently Implemented (Level 3)
 Respond – Incident Response (IR)                                                 Managed and Measurable (Level 4)
 Recover – Contingency Planning (CP)                                              Consistently Implemented (Level 3)
Source: IG CyberScope entries
64
     The Office of Management and Budget and Department of Homeland Security’s web-based application for IT security
reporting by federal agencies.
65
     While we assessed the maturity levels of the SCRM metrics, they are not considered in the overall maturity results used
in determining the effectiveness of the Identify Function and the overall information security program.


72                                                   Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                          Departmental Management

                                             Single Audits
     A single audit provides an organization-wide examination of an entity expending federal assistance funds
     received for its operations. The audit is typically conducted annually by an independent certified public
     accountant, and its objective is to provide assurance to the U.S. government regarding the management and
     use of funds by recipients such as states, schools, universities, and nonprofits.


Under Uniform Guidance,66 cognizant federal agencies       For the activities allowed or unallowed and the
must oversee the implementation of single audit            allowable costs/cost principles requirements,
requirements. DOL is currently cognizant for six           the cash disbursement sample audit work was
entities, and the OIG periodically performs quality        incomplete, the sample population was not verified,
control reviews (QCR) of the entities’ single audits.      and the testing conducted was not properly
During this reporting period, we conducted two QCRs:       documented. As a result of our review, the firm
one on the Single Audit of the Center for Workforce        provided us with additional documentation supporting
Inclusion, Inc. for the Year Ended June 30, 2020, and      the testing of internal control and compliance testing
the other on the Single Audit of Job Service North         over cash disbursements.
Dakota for the Fiscal Year Ended June 30, 2020.


Quality Control Review Single Audit
of the Center for Workforce Inclusion,
Inc. for the Year Ended June 30, 2020

The single audit—which covered one DOL major
program with funds totaling $46,123,049—was
completed by Gorfine, Schiller & Gardyn, P.A. (firm).
We found the firm’s audit work did not meet certain
requirements of OMB Uniform Guidance, including
the Compliance Supplement, Generally Accepted
Government Auditing Standards, and Generally
                                                           However, the firm did not conduct internal control
Accepted Auditing Standards. Specifically, the firm
                                                           and compliance testing of the subrecipients’ financial
did not adequately address three of the six applicable
                                                           and programmatic reporting, which is required for
OMB compliance supplement requirements. These
                                                           reporting. Additional work is required to bring this
inadequately addressed requirements included
                                                           single audit into compliance.
activities allowed or unallowed, allowable costs/cost
principles, and reporting.
                                                           We made two recommendations to the firm to
66
     Uniform Guidance refers to 2 C.F.R. Part 200, OMB’s   communicate with the Employment and Training
“Uniform Administrative Requirements, Cost Principles,     Administration once it has conducted internal control
and Audit Requirements for Federal Awards.”


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                              73
                                      Departmental Management
and compliance testing of the subrecipients’ financial   documentation related to DOL-funded programs,
and programmatic reporting and review its FY 2020        we determined that the firm’s audit work was
single audit report, updating it if needed after the     acceptable. However, their report did not meet
additional work is completed.                            certain requirements of applicable standards,
                                                         including generally accepted government
For more information, go to https://www.oig.dol.gov/     auditing standards, generally accepted auditing
public/reports/oa/2022/24-22-001-03-360.pdf, Report      standards, and Uniform Guidance. Specifically,
No. 24-22-001-03-360 (January 6, 2022).                  certain elements were omitted from the 2020
                                                         Independent Auditor’s Report due to their oversight.
Quality Control Review Single Audit of                   Since we have discussed these matters with
Job Service North Dakota for the Fiscal                  the firm’s management and they have already
                                                         taken corrective action, we consider these
Year Ended June 30, 2020
                                                         deficiencies resolved and closed, and have no
                                                         recommendations in our report.
The single audit—which covered two DOL major
programs with funds totaling $433,486,066—
                                                         For more information, go to https://www.oig.dol.gov/
was completed by Brady, Martz & Associates,
                                                         public/reports/oa/2022/24-22-002-03-315.pdf, Report
P.C. (firm). Based on our review of the audit
                                                         No. 24-22-002-03-315 (March 21, 2022).




74                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
Employee Integrity
 Investigations
                                   Employee Integrity Investigations

                  Employee Integrity Investigations

     The OIG is responsible for investigating possible misconduct or criminal activities involving DOL
     employees or individuals providing services to the Department.


Closed Investigations Not Disclosed to Public
•     The OIG conducted an investigation as to whether a senior employee accessed government systems
      without authorization and disclosed protected information. The OIG did not establish facts to support
      the allegations.
•     The OIG conducted an investigation into a senior employee for use of a government vehicle in furtherance
      of a personal business during duty hours. The OIG found evidence to support the allegation. Criminal
      charges were declined by DOJ in lieu of internal administrative remedies, however the employee retired
      prior to the investigative report being completed and provided to management.




76                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
OIG Whistleblower Activities
                                 OIG WHISTLEBLOWER ACTIVITIES

                       OIG Whistleblower Activities
Whistleblower Protection Coordinator                       potential relief. Within DOL OIG, an Associate
(WPC)                                                      Counsel to the Inspector General has been
                                                           designated to serve as the WPC. Pursuant to this
DOL employees, contractors, subcontractors,                designation, the WPC has
and grantees perform an important service by               •   provided input into training that was presented
reporting evidence of wrongdoing, including                    to, and required to be completed by, all DOL
misconduct, fraud, waste, and abuse in DOL                     employees, entitled “Prohibited Personnel
programs. Whistleblowers should never be                       Practices, Whistleblower Protection”;
subjected to, or threatened with, retaliation for          •   provided live training to all DOL supervisors
having engaged in a protected communication or                 and managers entitled “Responding to
protected activity. The DOL OIG plays a vital role             Whistleblower Retaliation Complaints/Overview
in ensuring that DOL employees and employees                   of Prohibited Personnel Practices – Annual
of DOL grantees and contractors are informed of                Training”;
their rights and protections against retaliation for
                                                           •   developed training for new employees titled
“blowing the whistle.” This work is done by the
                                                               “Whistleblower Rights and Protections for
OIG Whistleblower Protection Coordinator (WPC)
                                                               DOL Employees” which is included in all DOL
Program, which is housed in the OIG’s Office of
                                                               employees’ New Employee Orientation;
Legal Services.
                                                           •   updated the DOL OIG public facing
Pursuant to Section 2 of the Whistleblower                     website titled “Whistleblower Protection
Protection Coordination Act of 2018 (S.1869,                   Coordinator”, which is available to all DOL
June 25, 2018), every inspector general’s office is            and OIG employees, to provide information on
required to designate a whistleblower protection               whistleblower protections and options for DOL
coordinator. According to Section 2, the WPC (1)               employees and employees of DOL contractors
educates agency employees about prohibitions                   and grantees;
against retaliation for protected disclosures; (2)         •   established a dedicated e-mail address
educates agency employees who have made or are                 (OIGWhistleblower@oig.dol.gov) to receive and
contemplating making a protected disclosure about              respond to whistleblower-related inquiries from
their rights and the remedies against retaliation              DOL employees;
for protected disclosures, including the means by
                                                           •   worked with DOL to help obtain recertification of
which employees may seek review of any allegation
                                                               its 2302(c) program (October 2019);
of reprisal, as well as the roles of the OIG, the
Office of Special Counsel (OSC), the Merit Systems         •   obtained the OIG’s recertification of its 2302(c)
Protection Board, and any other relevant entities;             program (June 2020); and
and (3) provides general information about the             •   monitored whistleblower retaliation complaints
timeliness of such cases, the availability of any              received by the OIG, as well as whistleblower
alternative dispute mechanisms, and avenues for                retaliation investigations conducted by the OIG.



78                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                               OIG WHISTLEBLOWER ACTIVITIES
Whistleblower Retaliation Investigations                 Further, pursuant to 41 U.S.C. § 4712, the OIG
                                                         is required, with some exceptions, to investigate
The OIG can initiate its own investigations into         whistleblower retaliation allegations made by
allegations of improper or illegal retaliation           employees of DOL contractors or grantees.
brought by DOL employees or, on a discretionary
basis, refer such allegations to OSC for review
and investigation.


                            Whistleblower Retaliation Investigations
                               October 1, 2021 – March 31, 2022
 Pending DOL employee complaint investigations                                                         3

 Pending Grantee/Contractor employee complaint investigations                                          5

 Reports pending with DOL                                                                              2

 Decision issued by the DOL Assistant Secretary for Administration and Management                      1




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                             79
OIG Congressional Testimony
                                   OIG Congressional Testimony

                      OIG Congressional Testimony
     During this semiannual reporting period, the OIG testified before one congressional committee. The full
     text of our testimony is available on our website at www.oig.dol.gov/testimony.htm


•     March 17, 2022 – Larry D. Turner, Inspector General, U.S. Department of Labor, testified before the
      Senate Committee on Homeland Security and Governmental Affairs. The hearing was titled “Pandemic
      Response and Accountability: Reducing Fraud and Expanding Access to COVID-19 Relief through
      Effective Oversight.”




82                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
Legislative Recommendations
                                    Legislative Recommendations

                      Legislative Recommendations
     The Inspector General Act requires the OIG to review existing or proposed legislation and regulations,
     and to make recommendations in the Semiannual Report concerning their impact both on the economy
     and efficiency of the Department’s programs and on the prevention of fraud, waste, and abuse. The
     OIG continues to propose the following legislative actions to increase efficiency and protect the
     Department’s programs.


Allow DOL and the OIG Access to UI                         oversee the UI program. In order to overcome
Claimant Data and Wage Records                             this and effectively oversee UI benefits provided
                                                           in response to the COVID-19 pandemic, the OIG
Congress should consider legislative action to             issued multiple IG subpoenas to all SWAs, seeking
allow DOL and the OIG to have direct access to             UI claimant data. OIG data scientists then normalized
State Workforce Agency (SWA) unemployment                  and analyzed the data to identify potential fraud
insurance (UI) claimant data and wage records              and programmatic weaknesses. The Department
for our respective oversight responsibilities. The         revisited its position and on August 3, 2021, issued
Department has stated that outside of the temporary        an Unemployment Insurance Program Letter (UIPL)
authority provided by the Coronavirus Aid, Relief,         advising SWAs they must provide UI data to the OIG
and Economic Security (CARES) Act, it lacks the            for benefits paid under the authority of the CARES
authority to require SWAs to provide the OIG with          Act. However, this was a temporary measure that
access to UI claimant data and wage records                applied to CARES Act UI programs, which sunsetted
unless the OIG is conducting an investigation into         on September 6, 2021,68 and without such data
a particular instance of suspected UI fraud. The           access on a permanent-basis, the OIG is unable
Department is unable to cite any law enacted by            to provide effective oversight of the UI program.
Congress to support its opinion. Contrary to the           The OIG has communicated in the past the value
Department’s view on the matter, the Inspector             of receiving periodic reporting on this data, such as
General Act of 1978, as amended, authorizes                on a monthly or quarterly basis, rather than through
the OIG’s access to information related to the
                                                           67
Department’s programs, unless Congress enacts                   Alert Memorandum: The Employment and Training
law that expressly refers to the OIG and limits            Administration Needs to Issue Guidance to Ensure State
the OIG’s right of access. Furthermore, in a June          Workforce Agencies Provide Requested Unemployment
2021 alert memorandum,67 the OIG recommended               Insurance Data to the Office of Inspector General, Report
that the Employment and Training Administration            No. 19-21-005-03-315 (June 16, 2021), available at:
(ETA) amend its regulations through rulemaking to          https://www.oig.dol.gov/public/reports/oa/2021/19-21-005-
reinforce that UI information must be provided to the      03-315.pdf
                                                           68
OIG for all Inspector General (IG) engagements.                 The CARES Act UI programs ended on September 6,
                                                           2021; however, states continue to process backlogged
This lack of direct and real-time access to data has       claims, and they are required to submit payment data for
severely hampered the OIG’s ability to effectively         the claims to the OIG.


84                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                     Legislative Recommendations
recurring issuances of IG subpoenas. The repeated
use of IG subpoenas to obtain UI data on a recurring
basis is time-consuming and inefficient. Thus, the
OIG would not be able to obtain UI data in a manner
that would allow the OIG to more timely detect fraud.

The results of our efforts have shown that data
analytics is a vital tool in performing our oversight
function. The OIG’s efforts resulted in the
identification of billions in improper payments, with
most attributable to potential fraud. The OIG was
further able to recommend programmatic changes to
put billions in federal funds to better use. In addition,
the OIG shared portions of our methodology with
ETA to allow the Department and SWAs to stop                high improper payment rates experienced in the UI
fraud before it occurs.                                     program. Similar proposals have also been included
                                                            in each of the President’s budget requests since FY
Real-time access to SWA UI claimant data                    2018. The OIG encourages Congress to consider
and wage records systems would assist in                    and adopt proposals to aid the Department’s efforts
the Department’s programmatic oversight                     to combat improper payments in the UI program.
responsibilities to identify improper payments and          The proposals from the President’s FY 2021 budget
weak controls. This access is also vital to the OIG’s       request include the following:
oversight responsibility and would enable the OIG           •   allow the Secretary of Labor greater authority to
to quickly identify and investigate large-scale fraud.          require SWAs to implement UI corrective actions
It would also allow the OIG to expand our current               related to performance and integrity;
efforts to share emerging fraud trends with ETA             •   require SWAs to use NASWA’s Integrity Data
and SWAs in order to strengthen the UI program                  Hub (IDH) and the State Information Data
and likely prevent fraud before it occurs. In addition,         Exchange System;
conducting data analytics based on direct access
                                                            •   require SWAs to cross-match UI claims against
would further enable our auditors to identify program
                                                                the National Directory of New Hires (NDNH);
weaknesses and recommend corrective actions that
would improve the timeliness of UI benefit payments         •   require SWAs to cross-match UI claims with the
and the integrity of the UI program.                            U.S. Social Security Administration’s prisoner
                                                                database and other repositories of prisoner
Enact the UI Integrity Legislative                              information;
Proposals                                                   •   allow SWAs to retain 5 percent of UI
                                                                overpayment recoveries for program integrity
In October 2016, the Department submitted a                     purposes; and
legislative package to Congress proposing changes           •   require SWAs to use UI penalty and interest
that would help address UI program integrity and the            collections solely for UI administration.



Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                               85
                                        Legislative Recommendations
These legislative proposals are consistent with                is heightened by the results of OIG analyses
previous OIG findings and recommendations to                   and investigations showing that the program
address UI improper payments. In order to maintain             is susceptible to significant fraud and abuse,
UI program integrity, the OIG has recommended,                 particularly by employers and attorneys. For
as of February 2021, establishing legislation that             example, some staffing companies utilize the H-1B
requires SWAs to cross-match high-risk areas,                  program without having scheduled jobs already lined
including UI benefits paid to individuals with Social          up. Some employers and attorneys misrepresent
Security numbers: filed in multiple states, belonging          their need for workers to DOL, then reassign the
to deceased persons and federal prisoners, or used             extra workers to other companies or require foreign
to file for UI claims with suspicious email accounts.          workers to find their own work. There have also
                                                               been instances when companies illegally generated
Provide Authority to Ensure the                                profit by requiring foreign workers to pay fees and
Integrity of the H-1B Program                                  recurring payments to secure H-1B visas. Without
                                                               statutory authority to ensure program integrity, the
If DOL is to have a meaningful role in the foreign             Department cannot verify employers’ attestations
labor certification process for H 1B specialty                 to the H-1B certifications unless a complaint is filed
occupation visas, it must have the statutory                   or the Department utilizes a Secretary-initiated
authority to ensure the integrity of that process.             investigation, for which DOL developed a process in
This authority should include the ability to verify            FY 2021. As foreign workers are generally reluctant
the accuracy of information provided on labor                  to file complaints for fear of retaliation and losing
condition applications, and to initiate its own                their jobs, it is unlikely to result in verification action
H-1B investigations more broadly. Currently, the               being taken.
Department is statutorily required to certify an
H-1B application unless it determines that the                 Amend Pension Protection Laws
application is “incomplete or obviously inaccurate.”
However, unlike investigations into the H-2A and               Legislative changes to the Employment
H 2B programs, DOL may not initiate its own H-1B               Retirement Security Act of 1974 (ERISA) and
investigations based on reasons outside the four               criminal penalties for ERISA violations would
statutory criteria: (1) a credible source complaint,           enhance the protection of assets in pension plans.
(2) aggrieved party, (3) Secretary initiated random            To this end, the OIG continues to recommend the
investigation of a willful violator, or (4) Secretary          following legislative actions:
initiated investigation of any H-1B employer.69                •   Repeal ERISA’s limited-scope audit
                                                                   exemption. This exemption excludes pension
Our concern with the Department’s limited ability                  plan assets invested in financial institutions,
to ensure the integrity of the certification process               such as banks and savings and loan firms,
69                                                                 from audits of employee benefit plans.
     DOL Needs to Improve Debarment Processes to Ensure
                                                                   Notwithstanding recent changes to auditing
Foreign Labor Program Violators Are Held Accountable,
                                                                   standards that strengthen limited-scope audits,
Report No. 06-20-001-03-321 (September 30, 2020),
                                                                   these audits prevent independent public
available at: https://www.oig.dol.gov/public/reports/
                                                                   accountants who are auditing pension plans
oa/2020/06-20-001-03-321.pdf


86                                                  Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   Legislative Recommendations
    from rendering an opinion on the plans’ financial        in documents required by ERISA; and Section
    statements in accordance with professional               1954 prohibits giving or accepting bribes
    auditing standards. These “no opinion” audits            related to the operation of ERISA-covered
    offer no substantive assurance of asset integrity        plans. Sections 664 and 1027 subject violators
    either to plan participants or to the Department.        to up to 5 years’ imprisonment, while Section
•   Expand the authority of the Employee                     1954 calls for up to 3 years’ imprisonment for
    Benefits Security Administration (EBSA)                  violators. The OIG recommends raising the
    to correct substandard benefit plan audits               maximum penalty up to 10 years for all three
    and ensure that auditors with poor records               violations to correspond with the 10-year
    do not perform additional plan audits.                   penalty imposed by Section 669 (for theft from
    Changes should include providing EBSA with               health care benefit programs), which would
    greater enforcement authority over registration,         serve as a greater deterrent and, consequently,
    suspension, and debarment as well as the ability         further protect employee pension plans.
    to levy civil penalties against employee benefit
    plan auditors. The ability to correct substandard    Improve the Integrity of the FECA
    audits and take action against auditors is           Program
    essential as benefit plan audits help protect
    participants and beneficiaries by ensuring the       Legislative reforms should be considered in the
    proper valuation of plan assets and computation      following areas to improve the effectiveness and
    of benefits.                                         integrity of the Federal Employees’ Compensation
•   Require direct reporting of ERISA violations         Act (FECA) program:
    to DOL. Under current law, a pension plan            •   Provide statutory access to the National
    auditor who finds a potential ERISA violation            Directory of New Hires (NDNH) and Social
    is responsible for reporting it to the plan              Security wage records. Currently, the
    administrator, but not directly to DOL. To ensure        Department has no access to the NDNH
    that improprieties are addressed, we recommend           data and can access Social Security wage
    that plan administrators or auditors be required         information only if the claimant gives it
    to report potential ERISA violations directly            permission. Granting the Department routine
    to DOL. This change would ensure the timely              access to these databases would aid in detecting
    reporting of violations and would more actively          fraud committed by individuals receiving FECA
    involve auditors in safeguarding pension assets          wage loss compensation but failing to report
    as a first line of defense against the abuse of          income they have earned.
    workers’ pension plans.                              •   Establish a 3-day waiting period at the
•   Strengthen criminal penalties in U.S.C. Title            beginning of the claims process. FECA
    18. Three sections of U.S.C. Title 18 serve              legislation provides for a 3-day waiting period,
    as the primary criminal enforcement tools for            which is intended to discourage the filing of
    protecting pension plans covered by ERISA.               frivolous claims. As currently written, however,
    Section 664 prohibits embezzlement or theft              the legislation places the waiting period at the
    from employee pension and welfare plans;                 end of the 45-day continuation-of-pay period,
    Section 1027 prohibits making false statements           thereby negating its purpose. Legislation


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                87
                                     Legislative Recommendations
     that passed in 2006 placed
     the waiting period for postal
     employees immediately after
     an employment-related injury. If
     the intent of the law is to ensure
     a true waiting period before an
     employee applies for benefits,
     then that period should likewise
     come immediately after an
     employment-related injury—
     for all federal workers, not
     exclusively postal employees.
     This proposal was included in
     the President’s FY 2021 budget
     as part of the Office of Workers’                      and to recover fraudulently obtained funds.70
     Compensation Programs’ (OWCP) FECA reform.             Asset forfeiture is a critical legal tool that serves a
•    Allow the temporary suspension of                      number of compelling law enforcement purposes.
     questionable medical providers pending                 It is designed to deprive criminals of the proceeds
     the outcome of investigations. While FECA              of their crimes, to break the financial backbone
     regulations allow OWCP to exclude a provider           of organized criminal syndicates, and to recover
     through administrative means, OWCP must give           property that may be used to compensate victims
     notice to the provider and afford the provider an      and deter criminal activity. Currently, the OIG is
     opportunity for a hearing before DOL’s Office of       not a participant in the Department of the Treasury
     Administrative Law Judges. This process and            (Treasury) or Department of Justice (DOJ) forfeiture
     the various procedures involved can be lengthy.        funds. The lack of authority to participate in these
     Legislative changes are necessary to enable            funds limits the OIG’s ability to effectively recover
     DOL to immediately suspend all FECA providers          ill gotten proceeds of UI fraud and other crimes
     who have been indicted for fraudulent billing          under the OIG’s jurisdiction. Statutory authority to
     practices from providing further medical services      seize and forfeit illicit funds would allow the OIG to
     and receiving payments. This proposal was              participate in the Treasury and DOJ forfeiture funds,
     included in the President’s FY 2021 budget as          thus enabling the OIG to better combat UI fraud and
     part of OWCP’s FECA reform.                            other crimes in the future.


Authorize OIG Participation in Asset
                                                            70
                                                                 According to DOJ, forfeiture “is the legal process by
                                                            which title to an asset is transferred to the government…
Forfeiture Funds to Combat UI Fraud
                                                            because that asset was derived from, used to facilitate, or
and Other Crimes                                            involved in criminal conduct in a manner that subjects it
                                                            to forfeiture under an applicable asset forfeiture statute.”
Legislative authority in the area of asset forfeiture       Department of Justice, Asset Forfeiture Policy Manual
would increase the OIG’s ability to effectively and         (2021), available at: https://www.justice.gov/criminal-afmls/
efficiently investigate UI fraud and other crimes           file/839521/download


88                                               Semiannual Report to Congress | October 1, 2021 – March 31, 2022
Appendices
                                                        Appendices

     Reporting Requirements Under the Following
                       Acts
Inspector General Act of 1978
 REPORTING             REQUIREMENT                                                                                          PAGE
                       Recommendations on existing and proposed legislation and regulations relating to the
 Section 4(a)(2)                                                                                                              71
                       programs and operations of DOL
                       Description of significant problems, abuses, and deficiencies relating to the administration of
 Section 5(a)(1)                                                                                                              All
                       programs and operations
                       Description of recommendations for corrective action with respect to significant problems,
 Section 5(a)(2)                                                                                                              All
                       abuses, and deficiencies
                       Significant recommendations from previous semiannual reports on which corrective action
 Section 5(a)(3)                                                                                                              84
                       has not been completed
                       Matters referred to prosecutive authorities and the prosecutions and convictions which have
 Section 5(a)(4)                                                                                                              98
                       resulted
 Section 5(a)(5) and   Summary of each report made to the head of DOL under section 6(c)(2) (information or
                                                                                                                         None to report
 Section 6(c)(2)       assistance requested and unreasonably refused in the judgment of the IG).
                       List of audit reports, inspection reports, and evaluation reports subdivided according to
 Section 5(a)(6)                                                                                                              81
                       subject matter
 Section 5(a)(7)       Summary of particularly significant reports                                                            All
                       Statistical tables showing the total number of audit reports, inspection reports, and
                       evaluation reports and the total dollar value of questioned costs, including unsupported
                       costs, for reports—(A); (D) for which no management decision had been made by the
 Section 5(a)(8)                                                                                                              80
                       beginning or the end of the reporting period; (B) which were issued during the reporting
                       period; (C) for which a management decisions was made during the reporting period,
                       including the dollar value of disallowed and not disallowed costs
                       Statistical tables on management decisions on recommendations
                       that funds be put to better use
                       (A); (D) for which no management decision had been made by the beginning or the end of
 Section 5(a)(9)       the reporting period;                                                                                  79
                       (B) which were issued during the reporting period;
                       (C) for which a management decisions was made during the reporting period, including the
                       dollar value of disallowed and not disallowed costs
                       Summary of each audit report, inspection report, and evaluation report issued before the
                       commencement of the reporting period—
                       (A) for which no management decision has been made by the end of the reporting period
                       (including the date and title of each such report), an explanation of the reasons such
                       management decision has not been made, and a statement concerning the desired
 Section 5(a)(10)                                                                                                            89-97
                       timetable for achieving a management decision on each such report;
                       (B) for which no establishment comment was returned within 60 days of providing the report
                       to the establishment; and
                       (C) for which there are any outstanding unimplemented recommendations, including the
                       aggregate potential cost savings of those recommendations.
 Section 5(a)(11)      Description and explanation for any significant revised management decision                       None to report




                                                                                                              continued on next page



90                                                     Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                     Appendices
                    Information on any significant management decisions with which the inspector general
 Section 5(a)(12)                                                                                                    None to report
                    disagrees

                    Information from the Federal Financial Management Improvement Act Section 804(b) —
 Section 5(a)(13)   instances in which an agency has not met intermediate target dates in a remediation plan,        None to report
                    and the reasons

                    Peer review reporting
 Section 5(a)(14)   (A) results of any peer review conducted by another OIG; or                                           101
                    (B) a statement identifying the date of the last peer review conducted


 Section 5(a)(15)   Outstanding peer review recommendations                                                          None to report

                    Peer reviews conducted by DOL OIG and recommendations outstanding or not fully
 Section 5(a)(16)                                                                                                         101
                    implemented

                    Statistical tables on investigative findings showing total number of —
                    (A) reports issued
                    (B) persons referred to the U.S. Department of Justice for prosecution
 Section 5(a)(17)                                                                                                         98
                    (C) persons referred to state and local prosecuting authorities
                    (D) indictments and criminal informations that resulted from any prior referral to prosecuting
                    authorities


 Section 5(a)(18)   Metrics used for developing the data for the statistical tables                                       98

                    Under Section 5(a) (17)
                    Summary of investigations of senior government employees where allegations of
 Section 5(a)(19)                                                                                                         67
                    misconduct were substantiated — including the facts, circumstances, status, and disposition
                    of the matter

                    Description of whistleblower retaliation cases including information about the official found
 Section 5(a)(20)   to have engaged in retaliation and what, if any, consequences that establishment imposed              68
                    to hold that official accountable

                    Summary of instances of attempted departmental interference with the independence of
                    the office, including— with budget constraints and incidents in which the establishment has:
 Section 5(a)(21)                                                                                                    None to report
                    resisted or objected to oversight activities, or restricted or significantly delayed access to
                    information

                    A) Descriptions of inspections, evaluations, audits, and investigations that are closed and
                    were not disclosed to the public; and
 Section 5(a)(22)                                                                                                         67
                    (B) Descriptions of investigations conducted by the office involving a senior government
                    employee that are closed and were not disclosed to the public.



Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
REPORTING           REQUIREMENT                                                                                         PAGE

Section 989(C)      Peer review reporting                                                                                101




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                                91
                                                        Appendices

                Funds Recommended for Better Use
Funds Put to a Better Use Agreed to by DOL71
                                                                                                  Number         Dollar Value
                                                                                                 of Reports      ($ millions)

 For which no management decision had been made as of the commencement of the reporting
                                                                                                     1               156
 period.

 Issued during the reporting period                                                                  0                0


 Subtotal                                                                                            1               156


 For which management decision was made during the reporting period:


 • Dollar value of recommendations that were agreed to by management                                                 156


 • Dollar value of recommendations that were not agreed to by management                                              0


 For which no management decision had been made as of the end of the reporting period                0                0


Funds Put to a Better Use Implemented by DOL
                                                                                                  Number         Dollar Value
                                                                                                 of Reports      ($ millions)

 For which final action had not been taken as of the commencement of the reporting period.           4             39,160


 For which management or appeal decisions were made during the reporting period                      1               156


 Subtotal                                                                                            5             39,316


 For which management decision was made during the reporting period:


 • Dollar value of recommendations that were actually completed                                      2               5.6

 • Dollar value of recommendations that management has subsequently concluded should not or
                                                                                                                      0
 could not be implemented or completed

 For which no final action had been taken by the end of the period                                   3             $39,311



71
     The term “recommendation that funds be put to better use” means a recommendation by the OIG that funds could be
used more efficiently or achieve greater program effectiveness if management took actions to implement and complete
the recommendation. This term is defined by the Inspector General Act and includes, among other things, reductions
in future outlays; deobligation of funds from programs or operations; costs not incurred in the future by implementing
recommended improvements related to the operations of the establishment, a contractor, or a grantee; and any other
savings specifically identified, including reverting funds to the U.S. Treasury to be used for other purposes.


92                                                     Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                     Appendices

                                          Questioned Costs
Resolution Activity: Questioned Costs72
                                                                                                               Questioned
                                                                                                 Number
                                                                                                                  Costs
                                                                                                of Reports
                                                                                                               ($ millions)
 For which no management decision had been made as of the commencement of the reporting
                                                                                                     0              0
 period (as adjusted)

 Issued during the reporting period                                                                  0              0

 Subtotal                                                                                            0              0

 For which a management decision was made during the reporting period:

 • Dollar value of disallowed costs                                                                                 0

 • Dollar value of costs not disallowed                                                                             0

 For which no management decision had been made as of the end of the reporting period

 For which no management decision had been made within six months of issuance                        0              0


Closure Activity: Disallowed Costs
                                                                                                               Disallowed
                                                                                                 Number
                                                                                                                  Costs
                                                                                                of Reports
                                                                                                               ($ millions)
 For which no management decision had been made as of the commencement of the reporting
                                                                                                     2             2.0
 period (as adjusted)

 Issued during the reporting period                                                                  0              0

 Subtotal                                                                                            2             2.0

 For which a management decision was made during the reporting period:

 • Dollar value of disallowed costs                                                                  1             1.9

 • Dollar value of costs not disallowed                                                                             0

 For which no management decision had been made as of the end of the reporting period

 For which no management decision had been made within six months of issuance                        1             0.1

72
     As defined by the Inspector General Act, questioned costs include alleged violations of law, regulations, contracts,
grants, or agreements; costs not supported by adequate documentation; or the expenditure of funds for an intended
purpose that was unnecessary or unreasonable. Disallowed costs are costs that the OIG questioned during an audit
as unsupported or unallowable and that the grant/contracting officer has determined the auditee should repay. The
Department is responsible for collecting the debts established. The amount collected may be less than the amount
disallowed, and monies recovered usually cannot be used to fund other program operations and are returned to the
U.S. Treasury.


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                            93
                                                       Appendices

                               Final Audit Reports Issued

                                                                                                                Number of      Questioned Costs   Funds Put To Better
                                                 Report Name

                                                                                                             Recommendations          ($)              Use ($)


 Bureau of International Labor Affairs
 ILAB Properly Performed Oversight in Compliance with the USAID Memorandum of Agreement and
 Ensured IMPAQ International LLC Was in Compliance with the Cooperative Agreement Requirement;                    0                 0                    0
 Report No. 17-22-001-01-070; 02/11/22

 Employment and Training Administration
 COVID-19: Safety and Remote Learning Challenges Continue for Job Corps; Report No. 19-22-001-03-370;
                                                                                                                  4                 0                    0
 11/12/21
 COVID-19: Delays in Providing Disaster Relief Jeopardize $366 Million Disaster Worker Grant Program;
                                                                                                                  4                 0                    0
 Report No. 19-22-002-03-391; 01/28/22

 Occupational Safety and Health Administration

 COVID-19 To Protect Mission Critical Workers, OSHA Could Leverage Inspection Collaboration
                                                                                                                  2                 0                    0
 Opportunities with External Federal Agencies; Report No. 19-22-003-10-105; 3/31/22

 Office of the Chief Financial Officer

 The U.S. Department of Labor Digital Accountability and Transparency Act Audit of 2014 Performance Audit;
                                                                                                                  3                 0                    0
 Report No. 22-22-002-13-001; 11/08/21
 FY 2021 Independent Auditor’s Report on the DOL Financial Statements; Report No. 22-22-003-13-
                                                                                                                  5                 0                    0
 001;11/19/21
 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements, for the
                                                                                                                  9                 0                    0
 Year Ended September 30, 2021; Report No. 22-22-004-13-001; 12/20/21

 Office of the Chief Information Officer

 FY 2021 FISMA DOL Information Security Report: Information Security Continuous Monitoring Controls
                                                                                                                 18                 0                    0
 Remain Deficient; Report No. 23-22-001-07-725; 01/28/22

 Office of Workers’ Compensation Programs

 Special Report Relating to the Federal Employees’ Compensation Act Special Benefit Fund – FY 2021;
                                                                                                                  0                 0                    0
 Report No. 22-22-001-04-431; 11/03/2173
 District of Columbia Workmen’s Compensation Act Special Fund Financial Statements and Independent
                                                                                                                  1                 0                    0
 Auditors’ Report. September 30, 2020 and 2019; Report No. 22-22-006-04-432; 03/31/22
 Longshore and Harbor Workers’ Compensation Act Special Fund Financial Statements and Independent
                                                                                                                  1                 0                    0
 Auditors’ Report September 30, 2020 and 2019; Report No. 22-22-005-04-432; 03/31/22
 Total (11 Reports)

 Final Audit Total (11 Reports)                                                                                 47                  0                    0

73
     The FY 2022 report was issued with 2 recommendations that are currently documented in the FY 2021 Special Report
Relating to the Federal Employees’ Compensation Act Special Benefit Fund.


94                                                     Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                       Appendices

                                              Other Reports
                                                                                                               Number of
                                              Report Name
                                                                                                            Recommendations

                                               Employment and Training Programs


Workforce Innovation and Opportunity Act

Quality Control Review - Single Audit of the Center for Workforce Inclusion, Inc. for the Year Ended June
                                                                                                                   2
30, 2020; Report No. 24-22-001-03-360; 01/06/22

Quality Control Review - Single Audit of Job Service North Dakota for the Year Ended June 30, 2020;
                                                                                                                   0
Report No. 24-22-002-03-315; 03/21/22

Advisory Report – ETA’s Management of Workforce Development Grants: Key Concerns; Report No. 09-
                                                                                                                   0
22-001-03-001; 03/31/22

                                                     Congressional Testimony


Testimony before the U.S. Senate Committee on Homeland Security and Governmental Affairs

Pandemic Response and Accountability: Reducing Fraud and Expanding Access to COVID-19 Relief
                                                                                                                   0
through Effective Oversight; Report No. 19-22-003-03-315; 03/17/22

Other Reports Total (4 Reports)                                                                                    2




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                          95
                                                      Appendices

     Unresolved Audit Reports Over 6 Months Old

                                                                                                                     Number of
                                                                                                                                    Questioned
     Agency                                            Report Name                                                 Unimplemented
                                                                                                                                     Costs ($)
                                                                                                                  Recommendations




              Agency Management Decision or Grant/Contracting Officer’s Final Determination Did Not Resolve;
                                             OIG Negotiating with Agency



              Job Corps Should Do More to Prevent Cheating in High School Programs; Report No. 26-19-001-
      ETA                                                                                                               4              0
              03-370; 09/25/19


              COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation Under the
      ETA                                                                                                               2              0
              CARES Act; Report No. 19-20-008-03-315; 08/07/20

              Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to
      ETA     Ensure State Workforce Agencies Provide Requested Unemployment Insurance Data to the Office               4              0
              of Inspector General; Report No. 19-21-005-03-315; 06/16/21

              Unemployment Insurance Overpayments Related to Work Search Underscore the Need for More
      ETA                                                                                                               1              0
              Consistent State Requirements; Report No. 04-21-001-03-315; 09/29/21


              ETA Did Not Sufficiently Plan and Execute the American Apprenticeship Initiative Grant Program;
      ETA                                                                                                               1              0
              Report No. 05-21-004-03-375; 09/30/21


              MSHA Needs to Provide Better Oversight of Emergency Response Plans; Report No. 05 17 002
     MSHA                                                                                                               2              0
              06-001; 03/31/17


              MSHA Did Not Evaluate Whether Civil Monetary Penalties Effectively Deterred Unsafe Mine
     MSHA                                                                                                               1              0
              Operations; Report No. 23-19-002-06-001; 08/16/19


              MSHA Needs to Improve Efforts to Protect Coal Miners From Respirable Crystalline Silica; Report
     MSHA                                                                                                               2              0
              No. 05-21-001-06-001; 11/12/20


              MSHA Can Improve How Violations Are Issued, Terminated, Modified, and Vacated; Report No.
     MSHA                                                                                                               1              0
              05-21-002-06-001; 03/31/21


              FISMA Fiscal Year 2015: Ongoing Security Deficiencies Exist; Report No. 23-16-002-07-725;
     OASAM                                                                                                              1              0
              09/30/16


              DOL Needs to Do More to Secure Employees’ Personally Identifiable Information in the Travel
     OCFO                                                                                                               2              0
              Management System; Report No. 23-20-003-13-001; 09/10/20

                                                                                                            continued on next page



96                                                   Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                    Appendices
             The U.S. Department of Labor Complied with the Payment Integrity Information Act for FY 2020,
   OCFO      but Reported Unemployment Insurance Did Not Represent Total Program Year Expenses; Report            1                   0
             No. 22-21-007-13-001; 08/06/21

             OFCCP Did Not Show It Adequately Enforced EEO Requirements on Federal Construction
  OFCCP                                                                                                           1                   0
             Contracts; Report No. 04-20-001-14-001; 03/27/20

             DOL’s IT Governance Lacked the Framework Necessary to Support the Overall Mission; Report
   OSEC                                                                                                           1                   0
             No. 23-21-002-01-001; 09/30/21

             DOL Did Not Demonstrate It Followed a Sound Process in Promulgating the 2017 Tip Rule Notice
   WHD                                                                                                            1                   0
             of Proposed Rulemaking; Report No. 17-21-001-15-001; 12/11/20


      Agency Management Decision or Grant/Contracting Officer’s Final Determination Not Issued By Close of Period




Total Nonmonetary Recommendations and Questioned Costs                                                          25                    0




                                                                                                                Number of      Funds Recommended for
  Agency                                             Report Name


                                                                                                                                    Better Use ($)
                                                                                                             Recommendations




            Agency Management Decision or Grant/Contracting Officer’s Final Determination Did Not Resolve;
                                           OIG Negotiating with Agency



Total Funds Recommended for Better Use                                                                            0                   0




Total Audit Exceptions and Funds Recommended for Better Use                                                      25                   0




Total Funds Recommended for Better Use                                                                            0                   0




Total Audit Exceptions and Funds Recommended for Better Use                                                      25                   0




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                                          97
                                                 Appendices

      Corrective Actions Taken by the Department
     During this reporting period, we took final action to close recommendations within reports based on
     corrective action taken by the Department. The following is a summary of the most significant actions.


DOL Needs to Improve Debarment Processes to Ensure Foreign Labor Program
Violators Are Held Accountable; Report No. 06-20-001-03-321; 09/30/20

Based on our work, we found DOL has not fully utilized the H-1B program investigation process to determine
employer debarment and has not established a risk-based process for determining the number of H-2A and
H-2B applications to audit. Specifically, the DOL Wage and Hour Division (WHD) generally cannot initiate
H-1B investigations unless it receives a complaint from an aggrieved party or a credible source, and while
the Secretary has authority to initiate investigations, DOL has never utilized this option. Further, DOL has not
established a risk-based process for determining the number of H-2A and H-2B applications to audit.

In response to our audit, WHD developed procedures to initiate Secretary-certified investigations and held
training for Secretary-certified investigations with enforcement staff. DOL also updated its Memorandum of
Agreement (MOA) with the U.S. Department of Homeland Security (DHS) and established processes by which
DHS will refer suspected employer violations within the H-1B program to DOL. The enhanced collaboration
and sources of information will be used by DOL in support of Secretary-certified investigations. Also, WHD
provided training to its enforcement staff that dealt with H-1B debarment and assessing employer willfulness.
Further, if DOL management so requests, WHD can provide technical assistance to Congress in support of any
proposed statutory changes to DOL or WHD’s authority to initiate investigations as requested and appropriate.
Finally, DOL has established a risk-based process for selecting H-2A and H-2B applications for audit.


Better Strategies Are Needed to Improve the Timeliness and Accuracy of Davis-
Bacon Act Prevailing Wage Rates; Report No. 04-19-001-15-001; 03/29/19

For more than 20 years, Congress, the Office of Management and Budget, DOL OIG, and the Government
Accountability Office have raised concerns about the timeliness and accuracy of prevailing wage rates
mandated by the Davis-Bacon Act and published by DOL WHD. Construction workers completing contracts
financed wholly or in part with federal funds must be paid no less than the minimum wage rates WHD
determines to prevail in the area where the work is performed. Our audit found WHD had improved the time it
took to complete wage surveys, but it still needed to make improvements to ensure wage determinations were
updated in the shortest amount of time. More importantly, WHD needed to ensure contract awards did not
include outdated wage determinations that contain prevailing wage rates. We also found WHD continued to
face challenges in securing sufficient wage data from the local areas that prevailing wages represented.



98                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                Appendices
In response to our audit, WHD has taken a number of initiatives to improve the timeliness and accuracy of
its wage surveys, including the development of a risk-based strategy for future wage surveys that focuses on
areas with older wage rates, a likelihood of survey sufficiency, and an increased demand for construction. WHD
also updated historical wage determinations by removing published, non-union, specialty wage rates over 10
years old from the General Service Administrations’ website. In addition, WHD developed a public awareness
campaign and is redesigning its electronic survey form to facilitate increased participation from contractors in
the wage survey process.


ETA Needs to Improve Its Disaster National Dislocated Worker Program; Report
No. 02-21-002-03-391; 01/29/21

In the aftermath of 2017 hurricanes Harvey, Irma, and Maria, and the 2017 wildfires in California, Congress
passed the Bipartisan Budget Act of 2018. The act provided $100 million in additional funding for cleanup
and restoration and for career and supportive services for people affected by these disasters. We found the
Employment and Training Administration (ETA) provided minimal oversight of its state grantees and needed
to improve the administration of the Disaster National Dislocated Worker Grants (DWG) program to ensure:
(1) grantees help local areas restore communities in a timely manner; (2) out-of-work participants receive
expeditious disaster relief assistance; (3) a greater number of participants obtain employment as intended by
the grants; and (4) disaster relief funds are efficiently and effectively used.

In response to our audit, ETA took corrective actions to improve its DWG program, which included: (1) adding
a performance metric to its operating plan to assess DWG progress with the goal of accelerating enrollments;
(2) developing guidance to aid reviewers in evaluating DWG programs, identifying areas where additional
assistance is required, and ensuring local areas maximize the use of disaster-relief funds; (3) conducting
technical assistance for grant cohorts through meetings and newly-developed materials; and (4) publishing
Training and Employment Guidance Letter (TEGL) 12-19, and Change 1 to TEGL 12-19, which added
clarifications for funding decisions and required grant recipients to gather additional eligibility information for
individuals who used self-attestation at initial enrollment.


ETA Should Do More to Assist Vulnerable States Prepare for Disaster
Unemployment Assistance Program Implementation; Report No. 04-20-002-03-
315; 09/29/20

In FY 2017, Hurricanes Harvey, Irma and Maria devastated parts of the Caribbean Islands and the United
States. The Federal Emergency Management Agency (FEMA), by way of administration from ETA, granted
approximately $85 million in Disaster Unemployment Assistance (DUA) program funds to the states of Florida,




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                 99
                                               Appendices
Georgia, Texas, and the islands of Puerto Rico and the U.S. Virgin Islands (USVI). The DUA program is
responsible for providing timely unemployment benefits to individuals who have become unemployed because
of a presidential-declared disaster but are not eligible for regular Unemployment Insurance (UI). Our audit
found that ETA did not have adequate policies in place to provide timely oversight or ensure states provided
periodic training to staff and developed standard procedures to substantiate a claimant’s eligibility. In addition,
ETA did not establish adequate controls to ensure states paid only eligible claimants and paid them promptly as
administratively feasible.

In response to our audit, ETA published Unemployment Insurance Program Letter (UIPL) No. 24-21 on August
20, 2021, and Training and Employment Notice (TEN) No. 13-21 on October 19, 2021. UIPL 24-21 requires
states to conduct and/or attend DUA-related training, as well as establish and maintain Standard Operating
Procedures (SOP) for DUA programs. TEN No. 13-21 requires states to include annual assurances in all State
Quality Service Plan narratives, indicating (1) the date the state will conduct and/or attend DUA training during
the fiscal year, and (2) they have a DUA SOP and continue to maintain it. These requirements begin in FY
2022. Additionally, TEN No. 13-21 announced the availability of a DUA SOP template.


ILAB Properly Performed Oversight in Compliance with the USAID Memorandum
of Agreement and Ensured that Catholic Relief Services Was in Compliance with
the Cooperative Agreement Requirements; Report No. 17-21-003-01-070; 09/23/21

The Bureau of International Labor Affairs (ILAB) awarded $3,478,000 received from the United States Agency
for International Development (USAID) through a Memorandum of Agreement (MOA) to Catholic Relief
Services (CRS). The Inspector General for the agency receiving the transfer or allocation of such USAID
funds is statutorily required to perform periodic audits regarding the use of the funds. ILAB is responsible for
ensuring that CRS performed in accordance with the cooperative agreement requirements; costs claimed
were allowable, supported, and in accordance with applicable laws, regulations, guidelines, and terms and
conditions of the cooperative agreement; and oversight was properly performed.

Our audit found that although ILAB properly performed oversight over CRS in compliance with the MOA and
its policies and procedures, we identified one instance where ILAB did not perform a thorough review of the
CRS Inventory Listing, which resulted in a vehicle purchase that deviated from the approved budget justification.
However, the purchased vehicle cost less than what was approved and achieved the purpose for which the
original vehicle was approved. In response to our audit, ILAB updated it policies and procedures to require
grantees to submit annually an Inventory Listing and notify the Grant Officer Representative of variations between
actual equipment/real property purchases and approved planned expenditure amounts and budget justification. A
memorandum was issued to all ILAB cooperative agreement recipients to notify them of these changes.




100                                            Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                               Appendices

              Unimplemented Recommendations
  During this reporting period, we encountered four instances of audits or evaluations provided to the
  Department for comment that were not responded to within 60 days. However, agencies have provided
  management decisions in response to all audits and evaluations issued before the commencement of this
  reporting period.
  From October 1, 2011, through September 30, 2021, the OIG made audit recommendations to the
  Department, of which 181 have not been fully implemented. These 181 recommendations include
  126 recommendations resulting from audits issued since the end of FY 2019, and in many cases, the
  Department has corrective action plans in place.


        RECOMMENDATIONS MADE PRIOR TO OCTOBER 1, 2021, NOT YET
                           IMPLEMENTED

                                                                   Unimplemented Recommendations
                                 Total Number of
         Fiscal Year
                              Recommendations Made
                                                               Total Number           Monetary Impact ($)


            2011                       319                          6                                         0

            2012                       213                          1                                         0

            2013                       195                          0                                         0

            2014                       128                          1                                         0

            2015                       163                          6                                         0

            2016                       100                          1                                         0

            2017                        112                         9                                         0

            2018                        98                          3                                         0

            2019                        84                         28                                         0

            2020                       105                         34                                  95,699


            2021                       133                         92                          39,311,226,638


            Total                      1,650                       181                        $39,311,322,337




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                            101
                                                        Appendices

                          High-Priority Unimplemented
                               Recommendations
  The following table summarizes the unimplemented recommendations the OIG considers to be the
  highest priorities for the Department.


      Report Title; Report Number;
                                                                      Unimplemented Recommendation(s)
              Date Issued

                                                            Worker Safety

 MSHA Needs to Provide Better Oversight      Clarify mine operators’ responsibilities for local coordination under the Mine Improvement
 of Emergency Response Plans; Report         and New Emergency Response (MINER) Act, including coordination and communication
 No. 05-17-002-06-001; 03/31/17              between the operator, mine rescue teams, and local emergency response personnel,
                                             and familiarizing local rescue personnel with surface functions that may be required in
                                             the course of mine rescue work.
 COVID-19: OSHA Needs to Improve Its         Continue to monitor and evaluate the Region II triage pilot and consider extending the
 Handling of Whistleblower Complaints        triage process to all regions to expedite screening whistleblower complaints.
 During the Pandemic; Report No. 19-20-
 010-10-105; 08/14/20
 MSHA Needs to Improve Efforts to            Adopt a lower legal exposure limit for silica in coal mines based on recent scientific
 Protect Coal Miners from Respirable         evidence. Establish a separate standard for silica that allows MSHA to issue citations
 Crystalline Silica; Report No. 05-21-001-   and monetary penalties when violations of its silica exposure limit occur. Enhance its
 06-001; 11/12/20                            sampling program to increase the frequency of inspector samples where needed (e.g.,
                                             by implementing a risk-based approach).
 COVID-19: Increased Worksite                Improve OSHA’s inspection strategy by prioritizing very high- and high-risk employers
 Complaints and Reduced OSHA                 for COVID-19-related onsite inspections as businesses reopen and increase operations
 Inspections Leave U.S. Workers’ Safety      in various localities across the United States. Ensure remote inspections are tracked
 at Increased Risk; Report No.19-21-003-     retroactive to February 1, 2020, and going forward. Compare remote inspections to
 10-105; 02/25/21                            onsite inspections and document analysis of the frequency and timeliness of inspectors
                                             in identifying and ensuring abatement of worksite hazards. Analyze and determine
                                             whether establishing an infectious disease-specific emergency temporary standard (ETS)
                                             is necessary to help control the spread of COVID-19 as employees return to worksites.
 OSHA’s Diminished Enforcement Left          Implement a policy for future emphasis programs that minimizes the lapse in
 More Workers at Risk for Exposure to        enforcement between canceled, revised, or new programs. Provide the OIG with “read-
 Silica; Report No. 02-21-003-10-105;        only” access to the OSHA Information System to facilitate data requests on future audits.
 09/29/21                                    Establish meaningful goals and processes to assess whether OSHA’s outreach events
                                             are achieving the desired results in reaching a targeted number of workers at risk of
                                             exposure to silica.

                                                                                                              continued on next page




102                                                    Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                         Appendices

                                                Employment and Training Programs

 ETA Did Not Sufficiently Plan and           Improve funding opportunity announcements for discretionary grant programs by:
 Execute the American Apprenticeship         evaluating program goals using the SMART concept or a similar approach, and including
 Initiative Grant Program; Report No. 05-    required metrics that directly measure the success of each program goal, are clear,
 21-004-03-375; 09/30/21                     and are easily verifiable; having a scoring element covering completeness of applicant
                                             proposals for items requested in the announcement that reduces in points when the
                                             proposal is missing an element(s), significantly changes the wording of an element(s), or
                                             incorrectly addresses an element(s); and identifying targeted occupations in the Funding
                                             Opportunity Announcement language and/or scoring elements, or requiring submission
                                             of the career pathway to an H-1B occupation as support during apprenticeship program
                                             registrations or apprentice registrations.

                                                          Employee Benefits

 OWCP’S Efforts to Detect and Prevent        Develop effective procedures, including seeking legislative authority to conduct matches
 FECA Improper Payments Have Not             with Social Security Information (SSA) retirement records, to ensure that claimants
 Addressed Known Weaknesses; Report          who receive SSA retirement benefits are identified timely and their FECA benefits are
 No. 03-12-001-04-431; 02/15/12              adjusted accordingly.
 EBSA Did Not Have the Ability to            Reduce or eliminate exemption thresholds for small plans.
 Protect the Estimated 79 Million Plan
 Participants in Self-Insured Health Plans
 from Improper Denials of Health Claims;
 Report No. 05-17-001-12-121; 11/18/16
 OWCP Must Continue Strengthening            Ensure the Pharmacy Benefits Manager (PBM) implements a drug utilization review as
 Management of FECA Pharmaceuticals,         specified in the contract. Ensure the PBM, when developing its formulary, considers all
 Including Opioids; Report No. 03-19-002-    classes of drugs to determine if prior authorization or letters of medical necessity would
 04-431; 05/14/19                            be appropriate.

                                                 Unemployment Insurance Benefits

 COVID-19: More Can Be Done to               Include CARES Act UI transactions in the Benefit Accuracy Measurement (BAM) or
 Mitigate Risk to Unemployment               develop an alternative methodology to reliably estimate improper payments for those
 Compensation Under the CARES Act;           programs. Issue guidance directing states to provide access to state UI claimant data, in
 Report No. 19-20-008-03-315; 08/07/20       order to prevent and detect fraud.
 Alert Memorandum: The Employment            Establish effective controls, in collaboration with SWAs, to mitigate fraud and other
 and Training Administration (ETA)           improper payments to ineligible claimants, including the areas identified in the
 Needs to Ensure State Workforce             memorandum: UI benefits paid to multi-state claimants, claimants who used the Social
 Agencies (SWA) Implement Effective          Security numbers of deceased individuals, potentially ineligible federal inmates, and
 Unemployment Insurance Program Fraud        claimants with suspicious email accounts. Effective controls will help prevent similar
 Controls for High Risk Areas; Report No.    or greater amounts of fraud and allow those funds to be put to better use. Work with
 19-21-002-03-315; 02/22/21                  Congress to establish legislation requiring SWAs to cross match high-risk areas,
                                             including the four areas identified in the memo.
 COVID-19: States Struggled to               Continue to work with states to develop, operate, and maintain a modular set of
 Implement CARES Act Unemployment            technological capabilities to modernize the delivery of UI benefits that is sufficient to
 Insurance Programs; Report No. 19-21-       manage and process sudden spikes in claims volume during emergencies or high
 004-03-315; 05/28/21                        unemployment.

                                                                                                                 continued on next page




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                                         103
                                                        Appendices
 Alert Memorandum: The Employment            Amend 20 CFR 603.5 and 603.6(a) through the rulemaking process to reinforce that UI
 and Training Administration Needs           information must be provided to DOL OIG for all IG engagements authorized under the
 to Issue Guidance to Ensure State           IG Act, including audits, evaluations, and investigations. Continue to work with the OIG,
 Workforce Agencies Provide Requested        and within 30 days of the memorandum, meet with the OIG to develop a permanent
 Unemployment Insurance Data to the          approach for OIG access to UI data.
 Office of Inspector General; Report No.
 19-21-005-03-315; 06/16/21
 Alert Memorandum: The Employment            Take immediate action to require the National Association of State Workforce Agencies
 and Training Administration Does Not        (NASWA) to refer information to ETA and the OIG on suspected fraud, waste, abuse,
 Require the National Association of State   mismanagement, or misconduct, per Department of Labor Manual Series (DLMS)
 Workforce Agencies to Report Suspected      8-106(D)(3). Such actions could include modification of ETA’s grant award or issuance
 Unemployment Insurance Fraud Data           of unemployment insurance program policy guidance to ensure ETA complies with
 to the Office of Inspector General or the   the notice requirement and its grantees comply with the reporting requirements of the
 Employment and Training Administration;     DLMS. Continue to work with the OIG and, within 30 days of this memorandum, meet
 Report No. 19-21-006-03-315; 07/01/21       with the OIG to develop a permanent approach to OIG access to the UI Integrity Data
                                             Hub (IDH) data.

                                                     Departmental Management

 FISMA Fiscal Year 2015: Ongoing             Realign the organizational structure as it relates to the CIO to address organizational
 Security Deficiencies Exist; Report No.     independence issues.
 23-16-002-07-725; 09/30/16
 DOL Did Not Comply with Improper            Maintain its current focus on increasing its technical assistance and funding to states to
 Payments Elimination and Recovery Act       improve the improper payment reduction strategies in order to ensure compliance with
 for FY 2017; Report No. 03-18-002-13-       the improper payments estimate rate threshold.
 001; 05/15/18
 Stronger Controls Needed Over Web           Establish and maintain a comprehensive inventory of web applications, identifying which
 Application Security; Report No. 23-20-     applications are public-facing and contain sensitive information. Review and update
 001-07-725; 11/14/19                        the DOL Plan of Action and Milestones (POA&M) policy to ensure agency corrective
                                             actions and timeframes are implemented. Establish and verify the implementation
                                             of Department-wide policies and procedures specific to associated risks to web
                                             applications, securing web servers, and web application programming.
 FY 2019 FISMA DOL Information Security      Implement improvements in DOL’s information security program for the following areas:
 Report: Implementation of Security Tools    Risk Management, Configuration Management, Identity and Access Management, Data
 Hindered by Insufficient Planning; Report   Protection and Privacy, Information Security Continuous Monitoring, and Contingency
 No. 23-20-002-07-725; 12/23/19              Planning.
 DOL Needs to Do More to Secure              Establish and implement procedures to ensure the E2 Solutions (E2) travel and
 Employees’ Personally Identifiable          management tool is managed in compliance with contractual security requirements
 Information in the Travel Management        and DOL computer security policies for contracted information systems. Establish and
 System; Report No. 23-20-003-13-001;        implement procedures to ensure E2 account management practices enforce DOL’s
 09/10/20                                    security policies.
 DOL Did Not Demonstrate It Followed a       Develop policies and procedures to document its rationale and supporting evidence for
 Sound Process in Promulgating the 2017      key decisions in the development of economic regulatory analysis. Develop policies and
 Tip Rule Notice of Proposed Rulemaking;     procedures to document its rationale and supporting evidence when DOL determines
 Report No. 17-21-001-15-001; 12/11/20       the prescribed regulatory guidance does not apply. Enforce policies and procedures that
                                             require employees to maintain records that document government business. Employees
                                             should not be discouraged from maintaining such records. Develop policies and
                                             procedures to ensure that after a regulatory action has been published in the Federal
                                             Register, or otherwise issued to the public, DOL identifies for the public in a complete,
                                             clear, and simple manner the substantive changes between the draft submitted to
                                             the Office of Information and Regulatory Affairs (OIRA) for review and the action
                                             subsequently announced.

                                                                                                               continued on next page




104                                                     Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                       Appendices
FY 2020 FISMA DOL Information Security      Provide training to responsible personnel over the third-party continuous monitoring
Report: Progress Needed to Improve          review checklist. Enforce DOL policies and procedures regarding separation of duties
Risk Management and Continuous              so developers do not possess the ability to migrate changes to production. Enforce
Monitoring Information Security Controls;   DOL security baseline polices with DOL’s Cloud Service Providers (CSP) and develop
Report No. 23-21-001-07-725; 12/22/20       a security configuration checklist for the CSPs. Develop sufficiently defined quantitative
                                            and qualitative metrics that provide meaningful indications of security status and trend
                                            analysis at all risk management tiers. Implement a process for approving deviations from
                                            established configuration settings.
The U.S. Department of Labor Complied       Develop procedures to ensure changes to its improper payment process are
with the Payment Integrity Information      communicated to OMB in a timely manner and those communications are properly
Act for FY 2020, but Reported               maintained for subsequent review and inspection.
Unemployment Insurance Did Not
Represent Total Program Year Expenses;
Report No. 22-21-007-13-001; 08/06/21


                                                         Job Corps Safety

Job Corps Should Improve Its Pre-           Make a final determination on the legality and permissibility of pre-enrollment behavioral
Admission Evaluation Process; Report        assessment tools, such as drug screenings, trial periods, or personality or aptitude tests
No. 05-21-001-03-370; 03/25/21              that would be appropriate for use within Job Corps. Perform cost/benefit analyses to
                                            determine which, if any, of these pre-enrollment behavioral suitability assessment tools
                                            would be beneficial to Job Corps. Incorporate the results of these recommendations, as
                                            appropriate, in revising guidance to improve the assessment process.




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                                  105
                                                           Appendices

   Summary of Reports with Unimplemented
  Recommendations with Cost Savings / Funds
             Put to Better Use
                                                                                      Number of
                                                                                                     Funds Put to Better Use
                                 Report Name                                        Unimplemented
                                                                                                               ($)
                                                                                   Recommendations

 Employment and Training Administration


 Alert Memorandum: The Employment and Training Administration (ETA)
 Needs to Ensure State Workforce Agencies (SWA) Implement Effective
 Unemployment Insurance Program Fraud Controls for High Risk Areas;
 Report No. 19-21-002-03-315; 02/22/21

 Establish effective controls, in collaboration with SWAs, to mitigate fraud
                                                                                          1               5,409,966,198
 and other improper payments to ineligible claimants, including the areas
 identified in the memorandum: UI benefits paid to multi-state claimants,
 claimants who used the Social Security numbers of deceased individuals,
 potentially ineligible federal inmates, and claimants with suspicious email
 accounts. Effective controls will help prevent similar or greater amounts of
 fraud and allow those funds to be put to better use.



 COVID-19: States Struggled to Implement CARES Act Unemployment
 Insurance Programs; Report No. 19-21-004-03-315; 05/28/21

 Continue to work with states to develop, operate, and maintain a modular                 1              33,745,677,576
 set of technological capabilities to modernize the delivery of UI benefits that
 is sufficient to manage and process sudden spikes in claims volume during
 emergencies or high unemployment.



 ETA Did Not Sufficiently Plan and Execute the American Apprenticeship
 Initiative Grant Program; Report No. 05-21-004-03-375; 9/30/21

 Improve funding opportunity announcements for discretionary grant
 programs by conducting the following: Evaluate program goals using the
 SMART concept or a similar approach, and including required metrics
 that directly measure the success of each program goal, are clear, and
 are easily verifiable; have a scoring element covering completeness of                   1               155,582,864
 applicant proposals for items requested in the announcement that reduces
 in points when the proposal is missing an element(s), significantly changes
 the wording of an element(s), or incorrectly addresses an element(s);
 and identify targeted occupations in the FOA language and/or scoring
 elements, or requiring submission of the career pathway to an H-1B
 occupation as support during apprenticeship program registrations or
 apprentice registrations.


 Total                                                                                    3             $39,311,226,638



106                                                       Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                        Appendices

              Reports with Unimplemented
           Recommendations for Management
         Improvement or Disallowed Costs Owed
  The following table lists all OIG reports issued prior to this semiannual reporting period with
  recommendations that have not yet been fully implemented (as of March 31, 2022).




                                                                                                                   Number of
                                                                                                                                  Disallowed Costs
                                               Report Name                                                       Unimplemented

                                                                                                                                      Owed ($)
                                                                                                                Recommendations



                                            Employee Benefits Security Administration



 Limited-Scope Audits Provide Inadequate Protections to Retirement Plan Participants; Report No. 05-14-
                                                                                                                      1                0
 005-12-121; 09/30/14


 EBSA Did Not Have the Ability to Protect the Estimated 79 Million Plan Participants in Self-Insured Health
                                                                                                                      1                0
 Plans from Improper Denials of Health Claims; Report No. 05-17-001-12-121; 11/18/16



                                             Employment and Training Administration



 Investigative Advisory Report – Weaknesses Contributing to Fraud in the Unemployment Insurance
                                                                                                                      6                0
 Program; Report No. 50-15-001-03-315; 07/24/15


 ETA Violated the Bona Fide Needs Rule and the Antideficiency Act; Report No. 26-17-002-03-370;
                                                                                                                      1                0
 09/21/17


 Experience Works, Inc. Misused More Than $4 Million in SCSEP Grant Funds; Report No. 26-18-002-03-
                                                                                                                      1                0
 360; 09/28/18


 Job Corps Should Do More to Prevent Cheating in High School Programs; Report No. 26-19-001-03-370;
                                                                                                                      5                0
 09/25/19


                                                                                                              continued on next page


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                                            107
                                                      Appendices

 ETA Had No Reasonable Assurance That $183 Million in H-1B TST Grant Funds Helped Participants Get
                                                                                                                1         0
 H-1B Jobs; Report No. 06-19-001-03-391; 09/27/19


 COVID-19: More Can Be Done to Mitigate Risk to Unemployment Compensation Under the CARES Act;
                                                                                                                2         0
 Report No. 19-20-008-03-315; 08/07/20


 ETA Should Do More to Assist Vulnerable States Prepare for Disaster Unemployment Assistance Program
                                                                                                                2       95,699
 Implementation; Report No. 04-20-002-03-315; 09/29/20


 Alert Memorandum: The Employment and Training Administration (ETA) Needs to Ensure State Workforce
 Agencies (SWA) Implement Effective Unemployment Insurance Program Fraud Controls for High Risk                 1         0
 Areas; Report No. 19-21-002-03-315; 02/22/21


 Job Corps Should Improve Its Pre-Admission Evaluation Process; Report No. 05-21-001-03-370; 03/25/21           3         0


 COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs; Report No.
                                                                                                                3         0
 19-21-004-03-315; 05/28/21

 Alert Memorandum: The Employment and Training Administration Needs to Issue Guidance to Ensure
 State Workforce Agencies Provide Requested Unemployment Insurance Data to the Office of Inspector              4         0
 General; Report No. 19-21-005-03-315; 06/16/21

 Alert Memorandum: The Employment and Training Administration Does Not Require the National
 Association of State Workforce Agencies to Report Suspected Unemployment Insurance Fraud Data to the
                                                                                                                2         0
 Office of Inspector General or the Employment and Training Administration; Report No. 19-21-006-03-315;
 07/01/21

 Unemployment Insurance Overpayments Related to Work Search Underscore the Need for More
                                                                                                                3         0
 Consistent State Requirements; Report No. 04-21-001-03-315; 09/29/21

 ETA Did Not Sufficiently Plan and Execute the American Apprenticeship Initiative Grant Program; Report
                                                                                                                6         0
 No. 05-21-004-03-375; 09/30/21



                                             Mine Safety and Health Administration



 MSHA Needs to Provide Better Oversight of Emergency Response Plans; Report No. 05-17-002-06-001;
                                                                                                                6         0
 03/31/2017

 MSHA Did Not Evaluate Whether Civil Monetary Penalties Effectively Deterred Unsafe Mine Operations;
                                                                                                                2         0
 Report No. 23-19-002-06-001; 08/16/19

 MSHA Can Improve its Pre-Assessment Conferencing Program; Report No. 05-19-001-06-001; 09/23/19                9         0

 COVID-19: MSHA Faces Multiple Challenges in Responding to the Pandemic; Report No. 19-20-006-06-
                                                                                                                1         0
 001; 07/24/20

 MSHA Needs to Improve Efforts to Protect Coal Miners From Respirable Crystalline Silica; Report No. 05-
                                                                                                                3         0
 21-001-06-001; 11/21/20

 MSHA Can Improve How Violations Are Issued, Terminated, Modified, and Vacated; Report No. 05-21-
                                                                                                               10         0
 002-06-001; 03/31/21


                                                                                                           continued on next page


108                                                   Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                      Appendices

                             Office of the Assistant Secretary for Administration and Management


 Ineffective Accounting for Sensitive Information Technology Hardware and Software Assets Places DOL at
                                                                                                               6         0
 Significant Risk; Report No. 23-11-001-07-001; 03/31/11

 FISMA Fiscal Year 2015: Ongoing Security Deficiencies Exist; Report No. 23-16-002-07-725; 09/30/16            1         0

 FY18 FISMA DOL Information Security Report; Report No. 23-19-001-07-725; 03/13/19                             5         0

 Alert Memorandum: Security Vulnerability Relating to DOL Information Security Property; Report No. 50-
                                                                                                               2         0
 19-002-07-725; 06/17/19

 Stronger Controls Needed Over Web Application Security; Report No. 23-20-001-07-725; 11/14/19                 3         0

 FY 2019 FISMA DOL Information Security Report: Implementation of Security Tools Hindered By
                                                                                                              12         0
 Insufficient Planning; Report No. 23-20-002-07-725; 12/23/19

 FY 2020 FISMA DOL Information Security Report: Progress Needed to Improve Risk Management and
                                                                                                              18         0
 Continuous Monitoring Information Security Controls; Report No. 23-21-001-07-725; 12/22/20


                                           Office of the Assistant Secretary for Policy


 DOL Did Not Demonstrate It Followed a Sound Process in Promulgating the 2017 Tip Rule Notice of
                                                                                                               2         0
 Proposed Rulemaking; Report No. 17-21-001-15-001; 12/11/20


                                               Office of the Chief Financial Officer


 DOL Did Not Comply With Improper Payments Elimination and Recovery Act for FY 2017; Report No. 03-
                                                                                                               1         0
 18-002-13-001; 05/15/18


 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements for the
                                                                                                               6         0
 Year Ended September 30, 2019; Report No. 22-20-005-13-001; 12/19/19


 DOL Needs To Do More To Secure Employees’ Personally Identifiable Information in the Travel
                                                                                                               2         0
 Management System; Report No. 23-20-003-13-001; 09/10/20


 Management Advisory Comments Identified in an Audit of the Consolidated Financial Statements, for the
                                                                                                               9         0
 Year Ended September 30, 2020; Report No. 22-21-005-13-001; 12/18/20

 The U.S. Department of Labor Complied with the Payment Integrity Information Act for FY 2020, but
 Reported Unemployment Insurance Did Not Represent Total Program Year Expenses; Report No. 22-21-              1         0
 007-13-001; 08/06/21


                                        Office of Federal Contract Compliance Programs


 OFCCP Did Not Show It Adequately Enforced EEO Requirements on Federal Construction Contracts;
                                                                                                               1         0
 Report No. 04-20-001-14-001; 03/27/20

                                                                                                          continued on next page




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                             109
                                                      Appendices

                                                     Office of the Secretary

 DOL Needs to Do More to Implement the Geospatial Data Act of 2018; Report No. 23-20-004-01-001;
                                                                                                               1         0
 09/30/20

 DOL’s IT Governance Lacked the Framework Necessary to Support the Overall Mission; Report No. 23-
                                                                                                               5         0
 21-002-01-001; 09/30/21

                                        Occupational Safety and Health Administration

 OSHA Needs to Improve the Guidance for Its Fatality and Severe Injury Reporting Program to Better
                                                                                                               1         0
 Protect Workers;

 OSHA Procedures for Issuing Guidance Were Not Adequate and Mostly Not Followed; Report No. 02-19-
                                                                                                               4         0
 001-10-105; 03/28/19

 Review of the Occupational Safety and Health Administration’s Referral to and Reclamation of Debt from
                                                                                                               1         0
 the U.S. Department of the Treasury; Report No. 22-20-006-10-001; 03/16/20

 COVID-19: OSHA Needs to Improve Its Handling of Whistleblower Complaints During the Pandemic;
                                                                                                               2         0
 Report No. 19-20-010-10-105; 08/14/20

 Region IX Whistleblower Protection Program Complaints Were Not Complete or Timely; Report No. 02-21-
                                                                                                               4         0
 001-10-105; 11/23/20

 COVID-19: Increased Worksite Complaints and Reduced OSHA Inspections Leave U.S. Workers’ Safety
                                                                                                               4         0
 at Increased Risk; Report No. 19-21-003-10-105; 02/25/21

 OSHA’s Diminished Enforcement Left More Workers at Risk for Exposure to Silica; Report No. 02-21-003-
                                                                                                               3         0
 10-105; 09/29/21

                                          Office of Workers’ Compensation Programs

 OWCP’S Efforts to Detect and Prevent FECA Improper Payments Have Not Addressed Known
                                                                                                               1         0
 Weaknesses; Report No. 03-12-001-04-431; 02/15/12

 Interim Report on Audit of Pharmaceutical Management in DOL Benefit Programs - OWCP Needs Better
                                                                                                               1         0
 Controls Over Compounded Prescription Drugs; Report No. 03-17-001-04-431; 05/23/17

 Alert Memorandum: Vulnerability in OWCP FECA Bill Pay Processing System; Report No. 50-20-001-04-
                                                                                                               1         0
 430; 05/07/20

 Special Report Relating to the Federal Employees’ Compensation Act Special Benefit Fund; Report No.
                                                                                                               2         0
 22-21-001-04-431; 10/30/20

                                                    Wage and Hour Division

 DOL Did Not Demonstrate It Followed a Sound Process in Promulgating the 2017 Tip Rule Notice of
                                                                                                               2         0
 Proposed Rulemaking; Report No. 17-21-001-15-001; 12/11/20

 COVID-19: The Pandemic Highlighted the Need to Strengthen Wage and Hour Division’s Enforcement
                                                                                                               4         0
 Controls; Report No. 19-21-008-15-001; 09/30/21

 Totals                                                                                                       178      $95,699


                                                                                                          continued on next page




110                                                   Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                      Appendices

                                  Investigative Statistics
                                                                                                          Division
                                                                                                                       Total
                                                                                                           Totals
 Investigative Reports Issued / Cases Closed (includes investigative reports issued, case closing
                                                                                                                        133
 reports, and matters referred for possible civil and/or administrative action):
 Program Fraud                                                                                              114
 Labor Racketeering                                                                                          19

 Cases Opened:                                                                                                          190

 Program Fraud                                                                                              180
 Labor Racketeering                                                                                          10
 Cases Referred for Prosecution (each case is measured as a singular statistic and may include more
                                                                                                                        148
 than one person or business entity):
 Program Fraud                                                                                              138
 Labor Racketeering                                                                                          10
 Cases Referred for Administrative/Civil Action (each case is measured as a singular statistic and may
                                                                                                                        55
 include more than one person or business entity):
 Program Fraud                                                                                               53
 Labor Racketeering                                                                                           2
 Persons Referred to the Department of Justice for Criminal Prosecution (includes the number of
                                                                                                                        180
 individuals and business entities referred for prosecution):
 Program Fraud                                                                                              160
 Labor Racketeering                                                                                          20
 Persons Referred to State and Local Prosecuting Authorities for Criminal Prosecution (includes
                                                                                                                        28
 the number of individuals and business entities referred for prosecution):
 Program Fraud                                                                                               28
 Labor Racketeering                                                                                           0
 Indictments and Criminal Informations That Resulted from Any Prior Referral to Prosecuting
                                                                                                                        314
 Authorities (includes sealed and unsealed indictments):
 Program Fraud                                                                                              284
 Labor Racketeering                                                                                          30

 Indictments (includes sealed and unsealed indictments):                                                                314

 Program Fraud                                                                                              284
 Labor Racketeering                                                                                          30

 Convictions:                                                                                                           187

 Program Fraud                                                                                              160
 Labor Racketeering                                                                                          27

 Statutory Debarments:                                                                                                   9

 Program Fraud                                                                                               5
 Labor Racketeering                                                                                          4

                                                                                                         continued on next page




Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                             111
                                                         Appendices

 Recoveries, Cost-Efficiencies, Restitutions, Fines/Penalties, Forfeitures, and Civil
                                                                                                                  $90,260,357
 Monetary Actions:74



 Program Fraud                                                                                      $68,438,559
 Labor Racketeering                                                                                 $21,821,798




 Recoveries (the dollar amount/value of an agency’s action to recover or to reprogram funds or
                                                                                                                    $7,310,826
 to make other adjustments in response to OIG investigations):


 Cost-Efficiencies (the one-time or per annum dollar amount/value of management’s
 commitment, in response to OIG investigations, to utilize the government’s resources more                         $21,760,565
 efficiently):


 Restitutions/Forfeitures (the dollar amount/value of restitutions and forfeitures resulting from
                                                                                                                   $54,940,493
 OIG criminal investigations):


 Fines/Penalties (the dollar amount/value of fines, assessments, seizures, investigative/court
                                                                                                                                0
 costs, and other penalties resulting from OIG criminal investigations):


 Civil Monetary Actions (the dollar amount/value of forfeitures, settlements, damages,
                                                                                                                    $6,248,473
 judgments, court costs, and other penalties resulting from OIG criminal investigations):



 Total:                                                                                                            $90,260,357




74
     The OIG assisted state workforce agencies recover more than $835,000 in unemployment insurance benefits that were
not directly related to an open OIG investigation and were not included in the statistics above.


112                                                      Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                                    Appendices

                                               OIG Hotline
  The OIG Hotline provides a communication link between the OIG and persons who want to report alleged
  violations of laws, rules, and regulations; mismanagement; waste of funds; abuse of authority; or danger
  to public health and safety. During the reporting period October 31, 2021, through March 31, 2022, a total
  of 19,110 complaints were opened in the OIG Hotline’s complaint management system. Of these, 13,899
  were complaints received from the National Center on Disaster Fraud. Almost all of these complaints
  involve concerns regarding COVID-19-related unemployment benefits. During this reporting period, 6,524
  referrals were made for further review and/or action in response to complaints opened in the OIG Hotline’s
  complaint management system. Numerous individual complaints involving alleged fraud regarding
  COVID-19-related unemployment benefits were referred to both the OIG’s Office of Investigations and
  the appropriate State Workforce Agency. During this reporting period, the OIG Hotline received additional
  complaints that are awaiting processing.


                       Complaints Received (complaints opened by method reported):                      Totals
Telephone                                                                                                 166
E-mail/Internet                                                                                        18,926
Mail                                                                                                       17
Fax                                                                                                            1
Walk-In                                                                                                        0
Total                                                                                                   19,110


                             Contacts Received (complaints opened by source):                           Totals
Complaints from Individuals or Non-Governmental Organizations                                            5,162
Complaints/Inquiries from Congress                                                                             0
Referrals from GAO                                                                                             0
Complaints from Other DOL Agencies                                                                             0
Complaints from Other (non-DOL) Government Agencies                                                    13,948
Total                                                                                                   19,110


                            Disposition of Complaints Reviewed and Processed:                           Totals
Referred to OIG Components for Further Review and/or Action                                              1,935
Referred to DOL Program Management for Further Review and/or Action                                        80
Referred to Non-DOL Agencies/Organizations                                                               4,509
No Referral Required/Informational Contact                                                                163
Total                                                                                                    6,687



Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                          113
                                                  Appendices

                                             Peer Review
      The following meets the requirement under Section 5(14)(A)–(B) and (15)-(16) of the Inspector General
      Act, as amended, and Section 989C of the Dodd–Frank Wall Street Reform and Consumer Protection
      Act (P.L. 111–203) that the Inspectors General include their peer review results as an appendix to each
      semiannual report. Federal audit functions can receive a rating of “pass,” “pass with deficiencies,” or “fail.”


DOL OIG Peer Review of GSA OIG Audit Function

DOL OIG conducted a peer review of the system of quality control for General Services Administration
(GSA) OIG’s audit function for the period ending March 31, 2021. The peer review report, which was issued
on November 4, 2021, resulted in an opinion that the system of quality control was suitably designed and
provided reasonable assurance that GSA OIG conformed to professional standards in the conduct of audits.
The peer review report gave GSA OIG’s audit function a pass rating. We also issued a letter dated November
4, 2021, that sets forth findings that were not considered to be of sufficient significance to affect the opinion
expressed in the peer review report.


Peer Review of DOL
OIG Audit Function

The Department of the
Treasury OIG conducted a
peer review of the system
of quality control for DOL
OIG’s audit function for the
period ending September
2018. The peer review report,
which was issued on June 6,
2019, resulted in an opinion
that the system of quality
control was suitably designed
and provided reasonable
assurance of DOL OIG’s
conforming to professional
standards in the conduct of
audits. The peer review gave
DOL OIG a pass rating and
made no recommendations.


114                                               Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   OIG FY 2022 Audit Workplan

                  Fiscal Year 2022 Audit Workplan
                             BUREAU OF LABOR STATISTICS (BLS)
                                    Discretionary Audit

1.   BLS Survey Response Rate – In Progress. BLS is the principal federal agency responsible for
     measuring labor market activity, working conditions, and price changes in the nation’s economy. The
     President, Congress, federal policymakers, public institutions, and private citizens use the economic
     information developed by BLS to guide and support decision-making. According to a 2013 study by the
     National Research Council, “[f]or many household surveys in the United States, response rates have been
     steadily declining for at least the past two decades.” It is vital for BLS to incorporate new methodologies
     and technology into its data collection process to ensure expected response rates and reduced respondent
     burden. A decline in response rates could increase data collection costs and affect data quality, which
     may result in unreliable economic information developed by BLS. This audit focuses on how efficiently
     and effectively BLS is able to obtain data necessary to produce the economic information it is required to
     produce and if there are other sources to obtain the necessary data.

                   BUREAU OF INTERNATIONAL LABOR AFFAIRS (ILAB)
                                  Mandatory Audit

2.   Memoranda of Agreement between USAID and ILAB – Completed. ILAB signed two agreements with
     the U.S. Agency for International Development (USAID) that transferred approximately $7 million to ILAB
     for grant-funded projects. The projects are intended to ensure a fair global playing field for workers by
     enforcing trade commitments, strengthening labor standards, and combatting child labor, forced labor, and
     human trafficking. This mandatory audit focuses on how taxpayer dollars were spent and if the reported
     program results were reliable.

                  EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
                              Discretionary Audits

ETA Contract and Grant Programs

3.   COVID-19: ETA Efforts to Help Workers Who Lost Jobs Due to the Pandemic. Although estimates
     vary widely, economists generally report that somewhere between 20 and 40 million jobs were lost in
     2020 as a result of the COVID-19 pandemic and subsequent business closures. At the same time, the
     unemployment rate increased from 3.8 percent in 2019 to 8.6 percent in 2020. This audit will focus on steps
     taken by ETA to ensure workers who need job search assistance or training have access, in person or
     remotely, to resources to assist them with job placement.



Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                             115
                                    OIG FY 2022 Audit Workplan
4.    COVID-19: ETA Job Training Programs Performance – In Progress. In March 2020, the COVID-19
      pandemic caused many of ETA’s job training programs to cease operation. This interrupted participants’
      job training, hence potentially preventing them from completing their training and getting a job in the
      areas in which they were trained. This audit will assess the impact of the pandemic on ETA’s job training
      programs by reviewing which and how many job training programs were interrupted and how ETA was
      able to resume training and ensure participants completed training programs they had started prior to
      the pandemic.

Job Corps

5.    COVID-19: Job Corps Training Program Performance during the Pandemic. In the middle of March
      2020, the COVID-19 pandemic forced Job Corps to quickly shut down its centers and send most of its
      29,000 students home. As with most other schools in the United States, Job Corps had not planned for a
      transition to a distance learning program when in-person instruction abruptly ceased. This audit will review
      the impact that the sudden interruption of in- person instruction had on the ability of Job Corps to educate
      its students during the COVID-19 pandemic.

6.    Job Corps Fixed Price Contract Transition. In 2019, Job Corps began to transition its contracts for
      educational, outreach, admissions, and career transition services to firm fixed-price contracts using the
      number of students enrolled at the center as the basis for the contract price. This transition is planned in
      phases and is expected to continue through 2024. The change to firm fixed price contracts, especially in a
      time of severely declining enrollment, raises questions about Job Corps’ ability to control costs and monitor
      program performance. This audit will review Job Corps’ strategy for monitoring and controlling costs and
      program performance using firm fixed-price contract vehicles.

Unemployment Insurance (UI) Program

7.    COVID-19: DOL’s Oversight of Emergency UI Administrative Grants to States – In Progress. The
      Families First Coronavirus Act provided $1 billion to DOL to provide emergency administration grants to
      state UI agencies for the administration of their unemployment compensation programs. Administrative
      resources are critical to delivering an effective UI program that is relied upon by millions of American
      taxpayers, especially now during the pandemic. Funds provided through these emergency administrative
      grants may only be used for the administration of the UI program and are not available for the payment of
      UI benefits. This audit focuses on the Department’s monitoring of the emergency administration grants and
      if these funds were accurately tracked and reported, at both the state and federal level.

8.    COVID-19: Audit of ETA’s Oversight of UI Integrity of CARES Act Programs – In Progress. States
      are responsible for administering their UI programs while DOL provides oversight and direction for the UI
      system nationwide. When Congress, through the Coronavirus Aid, Relief, and Economic Security (CARES)
      Act, expanded UI for workers who were suddenly unemployed because of the pandemic, states were



116                                             Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                   OIG FY 2022 Audit Workplan
     already processing a substantial influx in UI claims. States then had to implement three new UI programs,
     resulting in additional major challenges. Resources stretched, states attempted to pay benefits quickly, and
     the risks of fraud and increased improper payments rose significantly. As of March 31, 2021, states and the
     territories had drawn down a total of approximately $495.2 billion to administer the new UI programs—98
     percent of the total drawdown funding ($505.6 billion) for all CARES Act programs. Over the years, ETA
     has implemented various program integrity and fraud reduction initiatives; however, these initiatives have
     offered only a partial solution. This audit evaluates ETA’s role in managing the integrity of the UI programs
     under the CARES Act, including working with states and partners to identify and share best practices and
     data to reduce fraud.

9.   COVID-19: CARES Act UI Claimant Eligibility – In Progress. As of January 2, 2021, DOL reported
     nearly 74 million initial jobless claims since March 14, 2020. This was the largest increase in initial jobless
     claims since DOL began tracking UI data in 1967. Among providing other relief, the approximately $2.2
     trillion CARES Act expanded UI benefits. Past audits of UI program expansions have shown that ETA did
     not adequately ensure proper controls were in place to ensure funds were paid to eligible claimants. States
     likely paid billions of dollars in benefits to individuals who were not eligible for CARES Act programs. This
     audit focuses on how effective states’ controls were in ensuring that CARES Act UI program benefits were
     paid promptly and only to eligible claimants.

10. COVID-19: Audit of States’ Information Technology Systems Capability in Processing
    Unemployment Insurance Claims – In Progress. From March 28, 2020, to August 1, 2020, unemployed
    workers submitted more than 57 million initial UI claims and another 502 million continued claims under
    regular and CARES Act UI programs. Many states and U.S. territories used antiquated information
    technology (IT) systems—some dating from the 1970s—to process the claims influx and implement the
    new CARES Act programs. The need for IT modernization had already become apparent during the Great
    Recession where some states’ systems failed completely. In October 2020, the National Association of
    State Workforce Agencies (NASWA) UI IT Support Center reported that only 22 states had modernized
    their systems. Using outdated IT systems can cause payment delays and can also increase improper
    payments including fraud. This audit will determine to what extent the capability of states’ IT systems
    impacted their ability to process timely and accurate UI claims.

11. COVID-19: Audit of CARES Act Impact on Non-traditional Claimants – In Progress. With the
    passage of the CARES Act in March 2020, the Department’s UI program was expanded to provide
    emergency UI benefits to workers unemployed due to COVID-19. This included nontraditional
    claimants, such as self-employed workers, independent contractors, and individuals with limited work
    histories. While total expenditure of UI benefits approached $500 billion by mid 2021, it is unclear how
    effective ETA and its state partners have been in delivering this assistance to nontraditional claimants.
    Our audit will determine if DOL and State Workforce Agencies’ efforts ensured that nontraditional
    claimants received UI benefits as intended under the CARES Act and the Continued Assistance for
    Unemployed Workers Act (Continued Assistance Act).



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12. COVID-19: Audit of DOL and States’ Efforts to Detect and Recover Improper Payments – In
    Progress. Under the CARES Act, ETA was required to implement large-scale changes to its existing UI
    system, including establishing six new programs. The new programs were intended to provide expanded
    UI benefits to workers who were suddenly jobless as a direct result of the COVID-19 pandemic. Given
    the challenge of rapidly implementing new programs during a crisis situation, ETA and states faced an
    additional hurdle of using controls, previously identified as weak and deficient in published OIG reports
    and alert memorandums, to process more than 77 million seasonally adjusted initial jobless claims and
    571 million seasonally adjusted continued claims over the course of the pandemic’s first year. According
    to OIG’s conservative estimate as of January 2, 2021, such circumstances increased the risk of UI
    improper payments (including fraud, waste, and abuse) to exceed a total of $40 billion. This audit focuses
    on determining if ETA ensured states had adequate controls to prevent, detect, and recover improper
    payments stemming from UI benefits under the CARES Act and the Continued Assistance Act.

13. COVID-19: Audit of States’ Use of Staffing to Support Implementation of CARES Act UI Programs
    – In Progress. From March 2020, the unprecedented high rate of unemployment resulting from the
    COVID-19 pandemic led to challenges for states in processing UI claims, completing mandatory reporting,
    and performing required overpayment detection procedures due to insufficient staffing. DOL and states
    found themselves unprepared for the circumstances surrounding COVID-19 and struggled to implement
    CARES Act UI programs while unemployed workers faced lengthy delays in receiving UI benefits. The
    CARES Act provided states with temporary “emergency” flexibility through December 31, 2020, for
    additional staffing and to otherwise quickly process unemployment claims, and subsequent legislation
    extended these CARES Act UI provisions. This audit focuses on DOL’s efforts to ensure states’ staffing
    supported the implementation of UI programs under the CARES Act and its amendments.

14. COVID-19: Audit of the Temporary Full Federal Funding Program – In Progress. Under the CARES Act,
    the Temporary Full Federal Funding (TFFF) program paid the cost of the first week of an eligible claimant’s UI
    benefits for states with no waiting week. The program also paid the cost of the first week for those who chose
    to waive their waiting week requirements. This flexibility allowed eligible claimants to receive their benefits
    quickly and get the much-needed relief to offset the effects of COVID-19. As of July 2021, ETA had provided
    states more than $6.8 billion through the TFFF program. This audit focuses on DOL’s efforts to ensure states
    met program requirements and used the TFFF program as intended by the UI provisions of the CARES Act,
    the Continued Assistance Act, and the American Rescue Plan Act (ARPA).

15. COVID-19: Emergency Unemployment Relief for Government Entities and Nonprofit Organizations
    – In Progress. The CARES Act created the Emergency Unemployment Relief for Government Entities
    and Nonprofit Organizations (EURGENO) program. It provided funds to reimburse governmental entities
    and certain nonprofits for amounts paid for unemployment between March 13, 2020, and September 6,
    2021. This audit will determine to what extent ETA and states effectively executed the EURGENO program
    and ensured compliance with the UI provisions of the CARES Act and its amendments.




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16. COVID-19: Short-Time Compensation (STC) Program – In Progress. Passage of the CARES Act
    expanded UI program benefits to new and existing programs, including the STC program. The CARES
    Act included provisions that increased the federal reimbursement to 100 percent of benefits for states
    that have an STC program in their laws and provided for a 50 percent reimbursement for states that
    do not have an STC program in their laws but agreed to operate a program on a temporary basis. The
    STC program acts as a work share program, with employers reducing the number of hours offered to
    employees and the state making up the difference in the form of benefit payments. The CARES Act
    provided for an estimated $2.2 billion for benefit reimbursements and administrative costs. Twenty
    seven states have participated in the program and reported benefit reimbursement payments of
    approximately $1.1 billion as of July 31, 2021. This audit will determine how states implemented the
    STC program for the benefit of unemployed individuals and to meet the intent of the program.

17. COVID-19: Mixed Earners Unemployment Compensation – In Progress. The Mixed Earners
    Unemployment Compensation (MEUC) program is a new temporary, federal program under the Continued
    Assistance Act and ARPA. It provided additional benefits to certain self-employed individuals who are
    available for work for the week ending January 2, 2021, through the week ending September 4, 2021. This
    audit will determine how states implemented the MEUC program for the benefit of unemployed individuals
    and to meet the intent of the program.

18. COVID-19: Audit of DOL and States Oversight of UI Claimants Return to Work. The CARES Act and
    its related extensions provided generous additional UI benefits to claimants that lost their employment
    due to the COVID-19 pandemic. However, business and state leaders reported that these generous UI
    benefits incentivized claimants to refuse suitable employment offers and led to labor shortages as the
    economy reopened. As a result, numerous states ended their participation in the enhanced federal jobless
    benefits program ahead of its expiration citing complaints from businesses that say they were unable to
    find workers. This audit will focus on DOL and states’ compliance with return to work provisions under the
    CARES Act.

19. American Rescue Plan Act Equity Grants. ARPA provided $2 billion in funding to the Department
    to prevent and detect fraud, promote equitable access, ensure timely payment of benefits and reduce
    backlogs. This includes $260 million in Equity Grants to improve claimant outreach and customer service
    processes and to implement strategies to reduce backlog and improve access for workers in communities
    that may historically experience barriers. These first-of-their-kind grants will provide funding for states to
    improve public awareness and service delivery as the Department seeks to address potential racial and
    ethnic disparities in the administration and delivery of UI benefits in some states. This audit will focus on
    the Department’s and states’ effectiveness in addressing the potential racial and ethnic disparities in the
    UI program.




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                 MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
                               Discretionary Audits

20. COVID-19: Impact of COVID-19 MSHA Mandatory Inspections – In Progress. MSHA conducts certain
    mandatory inspections to help ensure miners are working in safe environments. Because of workforce
    limitations during the COVID-19 pandemic, the number and/or quality of mandatory MSHA inspections
    may have declined, putting miners at risk. Between January and December 2020, MSHA conducted
    19,487 mandatory inspections at 12,684 mines. This audit will determine if COVID-19 impacted MSHA’s
    ability to effectively conduct all mandatory inspections.

21. Integrity of Dust Sampling. Miners are exposed to harmful substances in their work environments daily.
    MSHA monitors many of these substances, including airborne toxins such as coal dust and respirable
    crystalline silica. Since 1990, at least 150 mine operators, agents, and contractors have submitted
    fraudulent dust samples that MSHA needed to regulate airborne toxins in mines. This audit will assess
    MSHA’s efforts to address sample manipulation.

22. Mine Rescue Response Plan. When disaster strikes, a well-prepared mine rescue effort can mean
    the difference between life and death for trapped miners. Insufficient personnel, equipment, or training
    could hamper MSHA’s ability to respond quickly and effectively in mine rescue situations. Prior OIG work
    found MSHA had not provided adequate oversight of mine emergency response plans, which included
    planning by both mine operators and MSHA. This audit will assess MSHA’s preparedness in responding to
    emergencies requiring mine rescue operations.

          OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
                           Discretionary Audits

23. COVID-19: OSHA Operations and Efforts to Protect Workers – In Progress. Since the beginning
    of the COVID-19 pandemic in March 2020, OSHA has reduced its number of inspections and increased
    its number of non-formal complaint investigations. In July 2020, OSHA was named in a lawsuit by
    meatpacking employees who said OSHA was failing to do its job properly. OSHA stated its existing
    regulations and updated pandemic guidelines were sufficient to keep workers safe. This audit focuses on
    the impact of the COVID 19 pandemic on OSHA operations, including the number and types of inspections
    it has been using to safeguard workers, and OSHA’s future plans to ensure safe and healthy working
    conditions during pandemics.




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24. COVID-19: OSHA Inspection Collaboration Audit – Completed. While many industries suffered the
    impact of COVID-19 outbreaks during the pandemic, health care and meatpacking workers have had
    some of the highest rates of COVID-19 infections. OSHA has been performing inspections of worker
    safety in these environments, while the U.S. Department of Health and Human Services (HHS) and the
    U.S. Department of Agriculture (USDA) have been performing on site inspections to ensure patient care
    and product quality. However, according to HHS and USDA OIG officials, their inspectors have not been
    reporting employee safety and health issues to OSHA. This audit focuses on OSHA’s efforts to promote
    collaboration with other federal agencies that also conduct on-site inspections for potential workplace
    safety and health violations, especially during the pandemic.

25. COVID-19: OSHA Effectiveness of the National Emphasis Program (NEP). Due to the COVID-19
    pandemic, OSHA has received a surge of complaints while garnering the attention of Congress, labor
    unions, and the media with requests to act swiftly on behalf of the 130 million workers at more than
    8 million worksites nationwide whom OSHA is responsible for protecting. OSHA launched the NEP
    on March 12, 2021, to focus on companies that put the largest number of workers at serious risk of
    contracting COVID-19, and on employers that engage in retaliation against employees who complain
    about unsafe or unhealthful conditions or exercise other rights under the Occupational Safety and Health
    (OSH) Act. The audit will focus on OSHA’s efforts to administer the NEP to ensure that employees in
    high-hazard industries or work tasks are protected from the hazard of contracting COVID- 19 and from
    retaliation.

26. COVID-19: OSHA’s Adequacy of Plans and Use of Funds under the American Rescue Plan Act
    Funds – In Progress. With increased concern regarding the safety and health of workers during the
    COVID-19 pandemic, OSHA has received a significant rise in complaints. We previously reported OSHA
    received 15 percent more complaints from February to October 2020, than during a similar period in 2019.
    To address the continued impact of COVID 19 on the economy, public health, state and local governments,
    individuals, and businesses, on March 11, 2021, Congress passed ARPA. ARPA provides relief to OSHA
    in the amount of no less than $100 million. This audit focuses on whether OSHA adequately developed
    plans to use ARPA funds to carry out COVID 19 related worker protection activities, and whether OSHA
    has controls in place to effectively use ARPA funds to protect workers from COVID-19, particularly in
    high-risk workplaces, including health care industries, meat and poultry processing facilities, agricultural
    workplaces, and correctional facilities.

27. COVID-19: OSHA Effectiveness of Whistleblower Complaint Corrective Actions. OSHA received
    a 30 percent increase in whistleblower complaints during the early months of the COVID-19 pandemic.
    OSHA enforces whistleblower provisions found in 25 statutes that protect employees from retaliation for
    reporting unsafe or unhealthful conditions or otherwise exercising their rights provided under the statutes.




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      Prior to the pandemic, OSHA averaged 9 months to close a whistleblower complaint investigation, already
      much longer than the 30-, 60-, or 90-day statutory timeframes. Potential for even greater delays exist
      with the significant increase of whistleblower complaints received during the pandemic and decrease in
      the Whistleblower Protection Programs’ full-time employment. These delays can leave workers to suffer
      emotionally and financially. The audit will focus on OSHA’s efforts to implement corrective actions that
      improve the Whistleblower Protection Program to ensure workers are protected from retaliation.

28. COVID-19: OSHA Future Pandemic Planning Adequacy. The COVID-19 pandemic has raised specific
    concerns about the safety and health of workers. OSHA, under the OSH Act, shall issue an Emergency
    Temporary Standard (ETS) if the agency determines that employees are exposed to grave danger from
    substances or agents determined to be toxic or physically harmful or from new hazards, and an ETS is
    necessary to protect employees from such danger. Since the start of the pandemic OSHA has received
    numerous complaints and requests from Congress and other stakeholders to issue an ETS. While OSHA
    has issued numerous pieces of guidance, guidance itself is not enforceable and cannot operate in lieu of
    an ETS. OSHA initially proposed a broad-based ETS, covering multiple industries, but changed course
    and only issued an ETS for healthcare on June 21, 2021. This audit will (1) determine if OSHA has plans to
    issue an ETS covering other high-risk industries, (2) review the effectiveness OSHA’s plans for addressing
    future pandemics, and (3) evaluate other actions OSHA has taken to safeguard workers in high-risk
    industries during the ongoing pandemic.

29. Use of Complainant Interviews in OSHA Complaint Inspections – In Progress. OSHA conducts
    approximately 9,000 complaint inspections annually and issues citations in 24 percent of those
    inspections. Inspectors are not required to interview complainants at any point during the inspection
    process, which could result in OSHA having little interaction with complainants and witnesses during
    complaint inspections. This audit focuses on OSHA’s use of complainant and witness testimony during a
    complaint inspection to ensure the complaint or referral was addressed adequately.

30. Rising Injury Rates among Online Retailers’ Warehouse Workers – In Progress. High- speed fulfillment
    of online orders has become the industry standard, with large online retailers promising free 2-day, next-day,
    and even same-day deliveries of orders. To accomplish such speedy deliveries, warehouses around the
    nation have been forced to work ever faster, and some have reported increased pressure to meet production
    quotas. This may be having a significant impact on the health and safety of warehouse workers. For example,
    injury rates among warehouse workers have skyrocketed, with one organization reporting that injury rates at a
    leading online retailer are 80 percent higher and also more severe than at other online retailers’ warehouses.
    The State of California recently passed legislation to help protect warehouse workers by empowering state
    safety regulators to take additional enforcement actions. This audit will review what, if any, actions OSHA has
    taken to address the rising injury rates and severity of injuries at online retailers’ warehouse facilities.




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        OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION AND
                           MANAGEMENT (OASAM)
                              Mandatory Audit

31. Federal Information Security Management Act (FISMA) Audit – Annual – In Progress. In performing
    its various missions, DOL collects and processes sensitive information through approximately 77 major
    information systems. FISMA recognizes the significant risks involved with information technology and
    its important role in fulfilling agency missions. As such, FISMA sets a framework for securing all federal
    government systems by developing security standards and methods for measuring the effectiveness of
    those security standards. This audit will focus on the status of the DOL Information Security Program in
    implementing an effective framework to secure DOL information systems.


                                            Discretionary Audit

32. IT Modernization – In Progress. IT modernization is critical to preventing security breaches, excessive
    costs, missed deadlines, and low-quality IT products and services. DOL recently transitioned to an IT
    Shared Services model providing OASAM greater control over IT and IT funding. Our audit will focus on
    the management of IT modernization efforts across the Department, including software integration, legacy
    systems, and shared services.

                    OFFICE OF THE CHIEF FINANCIAL OFFICER (OCFO)
                                   Mandatory Audits

33. DOL Consolidated Financial Statements Audit – Annual – In Progress. We will determine if DOL’s
    consolidated financial statements present fairly, in all material respects, the financial position of DOL as
    of September 30, 2022. We will consider DOL’s internal controls over financial reporting and test DOL’s
    compliance with applicable laws, regulations, contracts, and grant agreements that have a direct and
    material effect on the consolidated financial statements.

34. Review of DOL’s Improper Payment Reporting in the Annual Financial Report – Annual – In
    Progress. In FY 2020, the UI program and Federal Employees’ Compensation Act (FECA) reported
    outlays of $86.9 billion and $3 billion, respectively, with an estimated improper payment rate of 9.17
    percent and 2.34 percent, respectively. Based on the Department’s risk assessments, the UI and FECA
    programs continue to be considered the most susceptible to improper payments of all DOL programs. This
    audit will determine if DOL complied with the Payment Integrity Information Act of 2019, which required
    DOL to: (1) conduct a program-specific risk assessment for each required program or activity, (2) publish
    and meet annual reduction targets for each program assessed to be at risk for improper payments, and (3)
    report information on the efforts of each program to reduce improper payments.




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            OFFICE OF THE ASSISTANT SECRETARY FOR POLICY (OASP)
                               Mandatory Audits

35. DOL Implementation of Geospatial Data Audit – Biannual. Congress enacted the Geospatial Data Act
    of 2018 (GDA) to foster efficient management of geospatial data, technologies, and infrastructure through
    enhanced coordination among federal, state, local, and tribal governments, along with the private sector
    and academia. The GDA applies to federal agencies that collect, produce, acquire, maintain, distribute,
    use, or preserve geospatial data. To improve the management and oversight of geospatial data and related
    investments, the GDA identified 13 requirements for federal agencies to implement. This audit will focus on
    the extent DOL implemented the requirements and improved its management of geospatial data.

             OFFICE OF WORKERS’ COMPENSATION PROGRAMS (OWCP)
                              Mandatory Audits

36. Report Relating to the Federal Employees’ Compensation Act Special Benefit Fund – Annual – In
    Progress. We will determine if: (1) the Schedule of Actuarial Liability, Net Intra-Governmental Accounts
    Receivable, and Benefit Expense was fairly presented for the year ending September 30, 2022; and
    (2) internal controls over financial reporting related to the Schedule were in compliance with laws and
    regulations that could have a direct and material effect on the Schedule.

37. Longshore and Harbor Workers’ Compensation Act (LHWCA) Special Fund – Annual. We will
    determine if DOL’s LHWCA Special Fund financial statements presented fairly, in all material respects, the
    financial position of the LHWCA Special Funds as of September 30, 2021.

38. District of Columbia Workmen’s Compensation Act (DCCA) Special Fund Financial Statement
    Audits – Annual. We will determine if DOL’s DCCA Special Fund financial statements presented fairly, in
    all material respects, the financial position of the DCCA Special Funds as of September 30, 2021.

39. FECA Statement on Standards for Attestation Engagements No. 18 – Annual – In Progress. We
    will determine if DOL’s Integrated Federal Employees’ Compensation System transaction processing for
    application and general controls, as described in the report, were fairly presented, suitably designed, and
    effectively operating for the period October 1, 2021, through June 30, 2022.




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                                          Discretionary Audits

40. COVID-19: Oversight and Adjudication of COVID-19 FECA Claims. In response to the COVID-19
    pandemic, OWCP created new procedures to specifically address COVID-19 claims received from federal
    workers engaged in high-risk employment. In addition, the ARPA made it easier for federal workers
    diagnosed with COVID 19 to establish coverage. OWCP must ensure claims resulting from the pandemic
    are appropriately adjudicated to reduce the risk of fraud and abuse while at the same time ensuring
    claimants receive benefits they are entitled to receive. As of late June 2021, OWCP had received over
    15,000 COVID-19 FECA claims and paid out over $6.3 million in benefits. Given this influx of claims, this
    audit will focus on an after-the-fact review of OWCP’s administration and oversight of COVID-19 claims
    received by the FECA program.

41. Energy Employees’ Claims Processing – In Progress. From its inception to the end of FY 2020, the
    OWCP Energy program awarded approximately 127,000 claimants compensation and medical benefits
    totaling over $18.52 billion. One of the major functions of the Energy program is to determine whether
    an individual qualifies for Part B and/or Part E benefits. As of October 3, 2021, the Energy program had
    denied 42 percent of claims filed under Part B and 47 percent of claims filed under Part E. This audit will
    determine the reasons claims are denied and why claims are denied at such a high rate.

42. Managing Pharmaceutical Spending in FECA – In Progress. Recent OIG audit work found OWCP
    had not done enough to ensure it paid the best price for prescription drugs. Specifically, the audits noted
    OWCP lacked a pharmacy benefits manager to help contain costs and had not determined if alternative
    drug pricing methodologies would be more competitive. This ongoing audit focuses on identifying the
    major factors influencing pharmaceutical spending in the FECA program, including any impact from the
    COVID-19 pandemic, and determining if OWCP effectively manages pharmaceutical spending in the
    FECA program.

43. Medical Bill Pay Processing Data Integrity – In Progress. In 2020, OWCP launched a new bill pay
    processing system: the Workers’ Compensation Medical Bill Processing (WCMBP) system. OWCP and
    its programs rely on accurate and complete data from this new system and OWCP’s legacy systems to
    provide the efficient and effective processing of medical bills and case management. This audit assesses
    OWCP’s processes and controls to determine the reliability of the OWCP’s data in managing the workers’
    compensation programs.




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                                WAGE AND HOUR DIVISION (WHD)
                                     Discretionary Audits

44. WHD Enforcement Program. WHD enforces laws that address more than 147.8 million workers with
    minimum wage, overtime pay, migrant and seasonal protections, prevailing wages on government-funded
    contracts, and other wage protections. To complement its enforcement efforts, WHD uses a variety of
    methods to help employers understand their labor responsibilities, such as opinion letters, compliance videos,
    outreach events, and compliance partnerships. This audit will focus on how WHD has met its enforcement
    requirements and leveraged its resources between compliance assistance and enforcement activities.

              VETERANS’ EMPLOYMENT AND TRAINING SERVICE (VETS)
                             Discretionary Audits

45. COVID-19: VETS Reintegration and Training Programs. The COVID-19 pandemic has presented new
    challenges for VETS in its mission to prepare America’s veterans, transitioning service members, and
    military spouses for meaningful careers; provide them with employment resources and expertise; protect
    their employment rights; and promote their employment opportunities. The audit will focus on how the
    pandemic impacted VETS reintegration and training programs, as well as the effectiveness of the training
    programs during a health crisis.

                                             MULTI-AGENCY
                                            Mandatory Audits

46. Charge Card Risk Assessment – Annual. The Government Charge Card Abuse Prevention Act of 2012
    was designed to prevent recurring waste, fraud, and abuse of government charge cards, and requires
    agencies to implement safeguards and internal controls to reduce these risks. This audit will determine
    if DOL has established controls over its purchase and travel card programs to prevent and detect illegal,
    improper, or erroneous purchases and payments.

47. Single Audit Compliance, Quality Control Reviews of Single Audit Reports – Annual – In Progress.
    We will determine if selected independent auditors complied with the requirements of the Single Audit Act
    and if there is a need for any follow-up work.


                                          Discretionary Audits

48. Enterprise Risk Management. OMB Circular A-123 requires agencies to implement an Enterprise
    Risk Management (ERM) process. Agencies’ ERM efforts are to be coordinated with the Government
    Performance and Results Modernization Act of 2010’s strategic planning and review process, the internal
    control process required by the Federal Managers’ Financial Integrity Act, and GAO’s Green Book. We will
    determine if management has implemented an effective ERM process that identifies, assesses, responds,
    and reports on risks.

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     Addendum to FY 2022 Audit Annual Workplan
     The Department OIG issued a revised Pandemic Response Oversight Plan75 on March 21, 2022, which
     included areas for pandemic-related audit focus. This addendum to our FY 2022 Annual Workplan
     provides brief descriptions of those areas and also PRAC projects that were not included in the workplan.


                     EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
                                 Discretionary Audits

ETA Contract and Grant Programs

49. COVID-19: ETA’s Administration of Grant Funds Provided under the CARES Act. ETA has obligated
    over $15 billion in federal grant funds of which $345 million was specifically provided under the CARES
    Act. Over the past decade, we reported numerous issues with ETA’s management of federal grant funds
    not achieving performance goals and identified upwards of $489 million in grant funds that could have
    been put to better use. These audits, to be performed by contractors, will review how effectively ETA
    ensured these funds were used as intended.

Job Corps

50. COVID-19: Ensuring Job Corps Funds Were Properly and Efficiently Used during the COVID-19
    Pandemic. In March 2020, during the COVID-19 pandemic, Job Corps shut down 121 centers and sent
    almost 29,000 students home. From about March 2020 to April 2021, student enrollment plummeted 56
    percent and the number of students who completed trades training also dropped to zero. For FY 2021, Job
    Corps received over $1.7 billion in funding, generally the same amount as in prior years. While Job Corps
    allowed centers to use budget underrun funds to purchase supplies and equipment to deploy remote
    learning and to ensure student and staff safety when it reopened centers, there is a risk all these funds
    were not used appropriately or efficiently. This audit will review how Job Corps’ funds were spent from
    March 2020 through about December 2021.

Unemployment Insurance (UI) Program

51. COVID-19: DOL’s Oversight of the UI Program’s Emergency Administrative Grants. The Emergency
    Unemployment Insurance Stabilization Access Act (EUISAA) of 2020 required the Secretary of Labor
    to provide for grants in FY 2020 to states’ federal Unemployment Trust Funds. The $1 billion in grants


75
     Pandemic Response Oversight Plan (updated March 21, 2022), available at: https://www.oig.dol.gov/public/oaprojects/
Updated%20Pandemic%20Response%20Oversight%20Plan%202022%20for%20Publication.pdf


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       to states were to be used only to administer their unemployment compensation laws, including securing
       adequate resources to address the drastic increase in UI claims resulting from the economic downturn
       precipitated by COVID-19. This audit will determine if ETA provided adequate oversight of states’ use of
       emergency administrative grant funds.

52. COVID-19: ETA and States’ Efforts to Address Multistate UI Claimants. In February 2021, we alerted
    the Department76 to nearly $17 billion we had identified in potential fraud paid in four high-risk areas, of
    which multistate claimants is the largest area. Through ETA, the OIG provided states with our underlying
    methodology and also specific claimant information for follow up action. This audit will examine the extent
    to which ETA and states have taken action to follow up on potentially fraudulent CARES Act UI claims
    identified and referred by OIG.

53. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Social Security Numbers of
    Deceased Persons. UI claimants filing with Social Security numbers of deceased persons was another
    of the four high risk areas in which we identified nearly $17 billion in potential fraud. Similarly, through
    ETA, the OIG provided states with our underlying methodology and specific claimant information for follow
    up action. This audit will examine the extent to which ETA and states have taken action to follow up on
    potentially fraudulent CARES Act UI claims filed with Social Security numbers of deceased persons.

54. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Social Security Numbers
    of Federal Prisoners. UI claimants filing with Social Security numbers of federal prisoners was another
    of the four high-risk areas in which we identified nearly $17 billion in potential fraud. Here also, through
    ETA, the OIG provided states with our underlying methodology and specific claimant information for follow
    up action. This audit will examine the extent to which ETA and states have taken action to follow up on
    potentially fraudulent CARES Act UI claims filed with Social Security numbers of federal prisoners.

55. COVID-19: ETA and States’ Efforts to Address UI Claimants Filing with Suspicious Email
    Accounts. UI claimants filing with suspicious email accounts was also one of the four high-risk areas
    in which we identified nearly $17 billion in potential fraud. Here also, through ETA, the OIG provided
    states with our underlying methodology and specific claimant information for follow up action. This audit
    will examine the extent to which ETA and states have taken action to follow up on potentially fraudulent
    CARES Act UI claims filed with suspicious email accounts.




76
     Alert Memorandum: The Employment and Training Administration (ETA) Needs to Ensure State Workforce Agencies
(SWA) Implement Effective Unemployment Insurance Program Fraud Controls for High Risk Areas, Report No. 19-21-002-
03-315 (February 22, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-002-03-315.pdf


128                                              Semiannual Report to Congress | October 1, 2021 – March 31, 2022
                                      OIG FY 2022 Audit Workplan
56. COVID-19: Impact of Waivers on UI Overpayments, Fraud Investigations, and Recoveries. On
    February 7, 2022, the Department issued Unemployment Insurance Program Letter (UIPL) 20 21,
    Change 1,77 allowing states to waive certain UI overpayments. There are concerns these waivers could
    adversely impact the pursuit of fraud in the UI program. Also, the waivers could potentially allow for
    fraudulent CARES Act UI payments to go uncollected. This audit will determine the impact of waivers on UI
    overpayments, fraud investigations, and recoveries.

57. COVID-19: Audit of States’ Compliance with CARES Act UI Program Reporting – In Progress. In
    two separate prior reports, we identified issues with states’ non- or incorrect reporting of overpayments
    in CARES Act UI programs. In May 2021, we reported78 that 42 percent of states did not complete the
    required quarterly reporting for overpayments for the period of March 2020 to September 2020. In
    November 2021, we issued79 the Department a qualified opinion, for the first time in 25 years, on its
    consolidated financial statements. This was partially due to unreliable reporting of overpayment activity
    with respect to CARES Act UI programs. This audit examines the extent to which states complied with
    reporting requirements for UI programs authorized by the CARES Act and related subsequent legislation.

58. PRAC – DOL Programs – Case Study Project – In Progress. The focus of this oversight project will
    be to identify the federal pandemic response program funds provided to select geographic areas and
    the purpose of those funds and to determine if the federal program spending aligned with the intended
    goals and objectives. This project will be under the direction of the PRAC and in coordination with nine
    other OIGs.

                 EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)
                                Discretionary Audit

59. COVID-19: Pandemic’s Impact on Enforcement of Employee Retirement Income Security Act
    (ERISA) Requirements. ARPA provided a 100 percent federal subsidy of Consolidated Omnibus Budget
    Reconciliation Act (COBRA) of 1985 premiums from April 1, 2021, through September 30, 2021, for certain
    COBRA participants. Employers that do not satisfy COBRA continuation coverage requirements may be
    investigated by the Employee Benefits Security Administration (EBSA). This audit will determine if EBSA
    effectively provided compliance assistance and enforced certain ARPA requirements, such as ensuring
    employers provided coverage to COBRA-eligible individuals during the COVID-19 pandemic.

77
     Employment and Training Administration, UIPL No. 20-21, Change 1, “Additional State Instructions for Processing
Waivers of Recovery of Overpayments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, as
Amended” (February 7, 2022), available at: https://wdr.doleta.gov/directives/attach/UIPL/UIPL_20-21_Change_1.pdf (last
accessed April 6, 2022)
78
     COVID-19: States Struggled to Implement CARES Act Unemployment Insurance Programs, Report No. 19-21-004-03-
315 (May 28, 2021), available at: https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf
79
     FY 2021 Independent Auditors’ Report on the DOL Financial Statements, Report No. 22-22-003-13-001 (November 19,
2021), available at: https://www.oig.dol.gov/public/reports/oa/2022/22-22-003-13-001.pdf


Semiannual Report to Congress | October 1, 2021 – March 31, 2022                                                       129
                                 OIG FY 2022 Audit Workplan
            OFFICE OF WORKERS’ COMPENSATION PROGRAMS (OWCP)
                            Discretionary Audit

60. PRAC – Telehealth Services in OWCP – In Progress. During the COVID-19 pandemic, federal health
    care programs used several strategies, such as telehealth services, so patients could receive medical
    services where needed, whether at home or elsewhere. This ongoing project with the PRAC will provide
    information on: the types of telehealth services available across OWCP; potential program integrity risks
    associated with increased telehealth utilization during the pandemic; and how the pandemic, and resulting
    expansion of telehealth, affected patient access for a single service type. This PRAC project is being
    performed in coordination with five other IGs.

                               WAGE AND HOUR DIVISION (WHD)
                                    Discretionary Audits

61. COVID-19: WHD Enforcement Challenges during the COVID-19 Pandemic. During the COVID-19
    pandemic, Congress passed the Families First Coronavirus Response Act (FFCRA), which provided
    requirements for paid sick and family leave. Previous audit work identified challenges WHD faced as
    it implemented and enforced the FFCRA requirements and made several recommendations, such as
    developing a plan to monitor effectiveness of WHD’s oversight of the FFCRA program. FFCRA expired
    on December 31, 2020. While ARPA does not require employers to provide paid leave for employee
    absences related to COVID 19, it extended the tax credit through September 30, 2021. Building on
    previous work, this audit will determine the extent to which WHD has addressed our recommendations
    and improved its enforcement of the numerous laws under its jurisdiction as enforcement challenges
    resulting from the pandemic continue.




130                                          Semiannual Report to Congress | October 1, 2021 – March 31, 2022
Office of Inspector General, U.S. Department of Labor
            200 Constitution Avenue, NW
                    Room S-5502
               Washington, DC 20210


 To learn more about the Office of Inspector General’s
current and planned work, please visit www.oig.dol.gov.
                   Office of Inspector General
               United States Department of Labor

  Report Fraud, Waste, and Abuse

                  Contact the Hotline
     202.693.6999                       800.347.3756
                  Fax: 202.693.7020
                     www.oig.dol.gov




  The OIG Hotline is open to the public and to federal employees
24 hours a day, 7 days a week, to receive allegations of fraud, waste,
and abuse concerning Department of Labor programs and operations.
                             OIG Hotline
                       U.S. Department of Labor
                      Office of Inspector General
                     200 Constitution Avenue, NW
                            Room S-5506
                        Washington, DC 20210


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