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Audit of the Defense Nuclear Facilities Safety Board's Freedom of Information Act Program

Report Information

Date Issued
Report Number
DNFSB-24-A-04
Report Type
Audit
Description
The Defense Nuclear Facilities Safety Board (DNFSB) Office of the Inspector General (OIG) conducted this audit because (1) the OIG last audited the DNFSB’s Freedom of Information Act (FOIA) program in 2014; and, (2) the FOIA Improvement Act of 2016 changed processes, roles, and responsibilities concerning federal agency FOIA programs.The Defense Nuclear Facilities Safety Board’s FOIA request processing and communications are sometimes untimely, inconsistent with FOIA requirements, or insufficient to apprise requesters of the reasons for the agency’s decision. Due to outdated information, agency FOIA decisions may conflict with statutory requirements or be inconsistent with statutory requirements.Agency processes must be documented and have adequate controls to ensure data reliability. However, FOIA program records and information are often missing or erroneous. This occurs because the DNFSB lacks controls for its FOIA request management tool, and also lacks an electronic records repository system. As a result, the agency’s FOIA program knowledge management and public reporting could be compromised.The time and materials service contract used for FOIA program support identifies FOIA-specific terms, but some terms were not met. This occurred because the Contracting Officer’s Representative (COR) was relatively inexperienced and inadequately supported, and the agency’s FOIA program staff did not adequately communicate with the COR. This is important because time and materials contracts are considered high-risk, and thus require enhanced oversight by experienced program staff.This report makes eight recommendations intended to improve and strengthen the agency’s FOIA program.
Joint Report
Yes
Participating OIG
Nuclear Regulatory Commission OIG
Agency Wide
Yes (agency-wide)
Questioned Costs
$0
Funds for Better Use
$0
View report on Oversight.gov

Recommendations

Complete compliance with and implement the NARA’s electronic records management requirements as they pertain to FOIA records.

ADAMS Accession No: ML24327A156<br />
Agency Response Dated October 9, 2024: The agency is currently integrating FOIA requests into the ServiceNow platform. Once the SeviceNow system is implemented, it will serve as a workflow, tracking and records repository for all FOIA requests.<br />
OIG Analysis: The proposed action meets the intent of this recommendation. The OIG will close this recommendation<br />
upon reviewing documentary support showing implementation of the ServiceNow system as the FOIA request records repository.

Ensure sufficient subject matter expertise, experience, administrative support, and authority to oversee the FOIA-specific portions of the administrative services contract adequately.

ADAMS Accession No: ML24327A156<br />
Agency Response Dated October 9, 2024: The agency hired a contract FOIA Specialist with the necessary experience and expertise to manage the FOIA program, who was on-boarded Fiscal Year 24 Quarter 4. The DOS Director will continue to oversee the overall FOIA program, and act as the Activity Manager for the specific task outlined in the contract.<br />
OIG Analysis: The provided documentation shows the DNFSB has met the intent of this recommendation. This recommendation is now closed.

Establish procedures to ensure transparent communication with the COR on developments in the FOIA program and facilitate adequate monitoring of the FOIA-specific sections of the contract in accordance with its terms.

ADAMS Accession No: ML24327A156<br />
Agency Response Dated October 9, 2024: Transparent Communication - The current procedures facilitate open communication between the contractor, Activity Manager, COR, Contract Officer, and relevant stakeholders to ensure all aspects of the tasks outlined in the contract are monitored and remain compliant with its terms.<br />
Weekly meetings – Regular weekly meetings will be scheduled between the FOIA Specialist and the activity<br />
manager to review the status of requests and overall program activity, set direction and/or prioritize outdated requests. These meetings ensure that quarterly, semi-annual, and annual deliverables are consistently met. <br />
Bi-weekly meetings - In addition to the weekly meetings, biweekly meetings will be held between the Chief FOIA Officer and the DOS Director, who acts as the activity manager to review and manage the whole program.<br />
The agency is currently drafting acquisition procedures to better define the roles and responsibilities of the COR,<br />
Activity Manager, and CO. The agency in the process of finalizing a COR handbook to help agency CORs better execute their roles and responsibilities. POC: Chief Administrative Officer.<br />
OIG Analysis: The proposed actions meet the intent of this recommendation. The OIG will close this recommendation<br />
upon reviewing evidence showing the weekly and bi-weekly meetings occurred, as well as reviewing the finalized<br />
acquisition procedures and COR handbook.