11.25.24 DOL Casework Letter
11.25.24 DOL Casework Letter
11.25.24 DOL Casework Letter
The Committee on Education and the Workforce (Committee), in fulfilling its oversight
responsibilities, seeks to ensure that the Department of Labor (DOL) is continuing its duty to
process and complete open and incoming casework during the Biden-Trump presidential
transition. It is the Committee’s understanding that, under the Obama administration, DOL either
significantly slowed or quit processing casework in 2016-2017, leaving the incoming Trump
administration with a backlog of hundreds of cases. These avoidable and unconscionable delays
hampered the incoming administration and delayed redress for hundreds of Americans.
DOL is responsible for processing and completing thousands of cases every year for workers and
employers. While these cases involve many of DOL’s agencies, most pertain to workers’
compensation claims submitted to the Office of Workers’ Compensation Programs (OWCP) and
to applications for labor certifications submitted to the Employment and Training
Administration’s Office of Foreign Labor Certification (OFLC). Any delay in processing these
cases does a disservice to applicants and the Members of Congress who are assisting them.
The Obama administration’s backlog of 2016-2017 must never be repeated. The outgoing Trump
administration made a point not to follow the Obama administration’s example, instead
continuing to process and finalize these cases in 2020-2021 until the transition was completed. I
call on you to do the same. To ensure that DOL is continuing to process and finalize its pending
and incoming cases, I request that you direct the Office of Congressional and Intergovernmental
Affairs to provide the Committee with weekly updates every Friday by 5:00 pm EST beginning
on December 6, 2024, and concluding on January 17, 2025.
In DOL’s first production to the Committee, please provide the average number of cases opened
and closed per week during Fiscal Years 2023 and 2024 and identify which of these cases
involved OWCP, OFLC, or any other agencies. In this and all subsequent productions to the
The Honorable Julie A. Su
November 25, 2024
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Committee, please provide both the number of newly opened, pending, and closed cases for the
week of DOL’s production and also identify which of these cases involved OWCP, OFLC, or any
other agencies.
House Rule X vests the Committee with the jurisdiction and responsibility to “review and study
on a continuing basis … the application, administration, execution, and effectiveness of laws and
programs addressing subjects within its jurisdiction.”1 This includes the Committee’s obligation
to ensure that DOL is continuing to process its casework in a timely manner for American
workers and employers.2 Please ensure that DOL provides updates to the Committee’s staff as
requested in this letter.
Sincerely,
Virginia Foxx
Chairwoman
1
RULES OF THE U.S. HOUSE OF REPRESENTATIVES, Rule X cl. 2(b) (118th Cong.) (Jan. 10, 2023); see also Rule X
(organization of committees), Rule X cl. 1 (committees and their jurisdictions), cl. 1(e) (Committee on Education
and the Workforce),
https://rules.house.gov/sites/republicans.rules118.house.gov/files/documents/118/Additional%20Items/118-House-
Rules-Clerk-v2.pdf.
2
Trump v. Mazars USA, LLP, 591 U.S. 848, 863 (2020) (internal citations omitted).