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Open Recommendations (23 total)

Trusted Traveler Programs: DHS Has Enrollment Processes, but CBP Should Provide Additional Information on Reconsiderations

GAO-24-106314
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The CBP Commissioner should include written instructions in CBP's trusted traveler program denial and revocation decision letters on how travelers can seek additional information regarding the specific reason(s) for the decision. (Recommendation 1)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

DHS Employee Misconduct: Actions Needed to Better Assess Differences in Supervisor and Non-Supervisor Discipline

GAO-24-105820
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2 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should require LER supervisors to consistently use its training materials for training new LER specialists. (Recommendation 2)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
United States Customs and Border Protection The Commissioner of CBP should revise CBP's disciplinary policies to ensure they collectively document the disciplinary adjudication process for all employees, including non-bargaining unit employees. (Recommendation 1)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Facial Recognition Services: Federal Law Enforcement Agencies Should Take Actions to Implement Training, and Policies for Civil Liberties

GAO-23-105607
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should determine the extent that staff use facial recognition services to develop and share information in support of other agencies' criminal investigations (such as number of CBP staff that use the services and how often they do so). (Recommendation 4)
Open
As of March 2024, this recommendation remains open. CBP officials said they discontinued use of commercial facial recognition systems for CBP's Office of Field Operations at the end of fiscal year 2023. However, CBP officials said they are working to establish new and updated guidance for analytical research and new employee orientation that support the intent of this recommendation. CBP anticipates completing these actions by May 2024. Once complete, we will review CBP's actions to determine the extent that they address the recommendation.

Southwest Border: Additional Actions Needed to Address Cultural and Natural Resource Impacts from Barrier Construction

GAO-23-105443
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should document, jointly with Interior, a strategy to mitigate cultural and natural resource impacts from border barrier construction that defines agency roles and responsibilities for undertaking specific mitigation actions; identifies the costs, associated funding sources, and time frames necessary to implement them; and specifies when agencies are to consult with Tribes. (Recommendation 1)
Open
CBP agreed with this recommendation. We will update the status of the recommendation when we received additional information from the agency.

Facial Recognition Services: Federal Law Enforcement Agencies Should Take Actions to Implement Training, and Policies for Civil Liberties

GAO-23-105607
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should assess whether training would benefit staff using facial recognition services to develop and share information in support of other agencies' criminal investigations, incorporating information on the extent to which staff use such services. (Recommendation 5)
Open
As of March 2024, this recommendation remains open. CBP officials said they discontinued use of facial recognition systems for CBP's Office of Field Operations at the end of fiscal year 2023. CBP officials also said they are creating a new training course that applies to the use of facial recognition regardless of the tool--government or commercially obtained. CBP anticipates completing these actions by May 2024. Once complete, we will review CBP's actions to determine the extent that they address the recommendation.

Southwest Border: Additional Actions Needed to Address Cultural and Natural Resource Impacts from Barrier Construction

GAO-23-105443
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP, with input from Interior, DOD, Tribes, and stakeholders, should evaluate lessons learned from its prior assessments of potential impacts. (Recommendation 3)
Open
CBP agreed with this recommendation. We will update the status of the recommendation when we received additional information from the agency.

Steel and Aluminum Tariffs: Agencies Should Ensure Section 232 Exclusion Requests Are Needed and Duties Are Paid

GAO-23-105148
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should ensure that additional steps are taken, as appropriate, to recover the duties owed by importers as a result of invalid use of Section 232 exclusions, including for liquidated entries beyond CBP's 90-day re-liquidation period. (Recommendation 3)
Open
CBP concurred with GAO's recommendation. In commenting on the report, officials said that CBP's Office of Trade (OT) will issue guidance to the CBP Office of Field Operations (OFO) on the appropriate steps to recover duties owed when an importer make any invalid use of Section 232 exclusions. For liquidated entries beyond CBP's 90-day re-liquidation period, CBP OT said it will evaluate its authority under 19 U.S.C. ? 1592(d), "Penalties for fraud, gross negligence, and negligence; Deprivation of lawful duties, taxes, or fees," to recover such duties, and issue appropriate guidance to OFO to use this authority when an importer exceeded approved quantities of Section 232 exclusions. In January 2024, CBP stated that OT and OFO are working to finalize guidance on recovering duties owed as a result of any type of invalid use, and that this guidance was being reviewed internally. CBP said this guidance includes separate approaches for: (1) duties owed on unliquidated entries; (2) duties owed on entries within the 90-day reliquidation window; (3) entries that are past CBP's reliquidation authority, and; (4) duties owed as a result of an importer exceeding its approved import quantity, using the 19 U.S.C. ? 1592(d) authority. CBP estimated that review of the draft guidance would be complete by March 2024.

Steel and Aluminum Tariffs: Agencies Should Ensure Section 232 Exclusion Requests Are Needed and Duties Are Paid

GAO-23-105148
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should ensure that controls are implemented either to prevent importers from exceeding the approved quantities of their Section 232 exclusions or to promptly assess duties owed because of overages before CBP's 90-day re-liquidation period expires. (Recommendation 4)
Open
CBP concurred with GAO's recommendation. In commenting on the report, officials said that CBP OT will issue updated guidance to OFO to ensure that duties are assessed on overages of Section 232 exclusions before CBP's 90- day re-liquidation period expires. In addition, they said CBP OT submitted a request for development of the Automated Commercial Environment (ACE) entitled, "Automate the Inactivation of Section 232 Product Exclusions," that was entered on April 21, 2023, to the Product Management Committee, which will ensure that there are automated controls in place to prevent importers from exceeding the approved quantities of their Section 232 exclusions. CBP OT's request for development to automate these controls in ACE is the first step to determine the resources needed for this programming. In January 2024, CBP stated that due to funding constraints and competing agency priorities, the request to automate ACE's inactivation of Section 232 exclusions has not yet been funded. Instead, OT and OFO will create guidance on implementing a manual process to limit exclusion use when the exclusion reaches 95 percent of its approved quantity. CBP estimated that this would be complete by March 2024.

Combating Illegal Fishing: Better Information Sharing Could Enhance U.S. Efforts to Target Seafood Imports for Investigation

GAO-23-105643
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should direct relevant officials to work with NMFS to ensure that NMFS has timely access to information it needs to combat imports of seafood caught through IUU fishing. (Recommendation 1)
Open
The Department of Homeland Security concurred with our recommendation. They have provided us with follow up information, which we are currently reviewing. We will update the status of this recommendation when we have completed that review.
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