Justice and Law Enforcement

Jump To:
Image

Open Recommendations

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

GAO-23-105607
Sep 12, 2023
Show
10 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should establish and implement a process to periodically monitor whether HSI staff using facial recognition services to support criminal investigations have completed training requirements. (Recommendation 1)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Bureau of Investigation The Director of the FBI should clarify the status of its training requirement for staff using Clearview AI to FBI's AI Ethics Council and the Privacy and Civil Liberties Unit. (Recommendation 2)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Bureau of Investigation The Director of the FBI should implement a training requirement for staff using facial recognition services to support criminal investigations. (Recommendation 3)
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 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
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 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
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Department of Justice The Attorney General should ensure the Chief Privacy and Civil Liberties Officer works with DOJ components continuing to use facial recognition services to address outstanding privacy requirements, and update privacy documentation as appropriate. (Recommendation 6)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Law Enforcement: DHS Should Strengthen Use of Force Data Collection and Analysis

GAO-23-105927
Jul 24, 2023
Show
2 Open Recommendations
Agency Affected Recommendation Status
Department of Homeland Security The Secretary of Homeland Security should provide guidance on how its component agencies submit data to DHS for the range of scenarios when force was used multiple times. For example, when:

  • one officer used one device on the same subject multiple times, or more than one device on the same subject;
  • one officer used one device on multiple subjects; and
  • multiple officers used force against one—or more than one—subject. (Recommendation 1)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Department of Homeland Security The Secretary of Homeland Security should develop and implement a plan with time frames to analyze the use of force data submitted by its law enforcement component agencies. (Recommendation 2)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Immigrant Investor Program: Opportunities Exist to Improve Fraud and National Security Risk Monitoring

GAO-23-106452
Mar 28, 2023
Show
2 Open Recommendations
Agency Affected Recommendation Status
United States Citizenship and Immigration Services The Director of USCIS should systematically collect and track data on the types and characteristics of EB-5 program fraud. (Recommendation 1)
Open
In April 2023, we reported that while U.S. Citizenship and Immigration Services (USCIS) collects some data on EB-5 fraud and national security concerns it investigates, it does not have readily-available data about the types and characteristics of fraud unique to the program. Specifically, we reported that, due to limitations in its tools for collecting such data, USCIS does not have readily-available automated information for monitoring trends and identifying evolving fraud risks within the program. We recommended that USCIS systematically collect and track data on the different types of fraud in the EB-5 program. Doing so could help USCIS to better monitor and assess fraud trends in the EB-5 program and respond to unique and evolving fraud risks. USCIS agreed with this recommendation. In May 2023, USCIS reported that it had developed a project plan to collect and track EB-5 fraud data, including milestones for updating its case management tool and standard operating procedures, and providing training on the new procedures. USCIS expects to complete these steps by September 2023. These actions, if completed, should address the intent of our recommendation.
United States Citizenship and Immigration Services The Director of USCIS should develop and implement a process to collect and assess data on reasons for EB-5 petition and application denials and Regional Center terminations, including whether fraud or national security was a factor in the action. (Recommendation 2)
Open
In April 2023, we reported that US Citizenship and Immigration Services (USCIS) did not have a process in place to collect and assess data on the reasons for (1) denying EB-5 petitions and applications, and (2) terminating EB-5 Regional Centers. We further reported that the EB-5 Reform and Integrity Act of 2022 gave USCIS new denial and termination authorities to address fraud and national security concerns. In light of the new authorities, we recommended that USCIS develop and implement a process to collect and assess data on reasons for EB-5 petition and application denials and Regional Center terminations-including whether fraud or national security is a factor. Doing so could provide USCIS with valuable insight into program risk and how the agency is utilizing its new authorities. USCIS agreed with this recommendation. In May 2023, USCIS reported that it had conducted initial internal meetings and developed a project plan to collect and assess these data. USCIS expects to implement these steps by September 2023. If completed, these actions should address the intent of our recommendation.

Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System

GAO-23-105139
Mar 20, 2023
Show
8 Open Recommendations
5 Priority
Agency Affected Recommendation Status
Bureau of Prisons The Director of BOP should collect and maintain complete and accurate data in a readily-available format on First Step Act risk and needs assessments, including the actual dates when First Step Act risk and needs assessments and reassessments are conducted. (Recommendation 1)
Open
In March 2023, we reported that BOP does not have readily-available, complete, and accurate data to determine if risk and needs assessments were conducted within the First Step Act required and BOP established timeframes. We recommended that BOP collect and maintain such data and BOP concurred. BOP stated it will continue its ongoing efforts to ensure that its current technology collects and maintains complete and accurate data on risk and needs assessments, including dates these assessments are conducted, in a readily available format. We will continue to monitor BOP's efforts to address this recommendation.
Bureau of Prisons The Director of BOP should ensure that the monitoring efforts it implements can determine if BOP is conducting risk and needs assessments in accordance with First Step Act required and BOP internal timeframes. (Recommendation 2)
Open
In March 2023, we reported that BOP's monitoring efforts have not included whether it completed risk and needs assessments according to First Step Act required and internal timeframes. Further, we reported that BOP has not confirmed if its planned efforts will measure whether assessments are completed on time. We recommended that BOP ensure that the monitoring efforts it implements can determine if BOP is conducting risk and needs assessments in accordance with First Step Act required and BOP internal timeframes. BOP concurred with this recommendation. BOP stated it will continue its ongoing efforts to ensure that its current monitoring efforts can determine whether risk and needs assessments are conducted in accordance with the First Step Act and BOP internal timeframes. We will continue to monitor BOP's efforts to address this recommendation.
Bureau of Prisons
Priority Rec.
This is a priority recommendation.
The Director of BOP should use and document the results of its ongoing monitoring of the frequency at which it conducts risk and needs assessments, and take appropriate corrective actions, as needed. (Recommendation 3)
Open
In March 2023, we reported that BOP may not have any results from its monitoring efforts of its risk and needs assessments that it could utilize and document on whether it is conducting risk and needs assessments on time. To help address this issue, we recommended that BOP use and document the results of its ongoing monitoring of the frequency at which it conducts risk and needs assessments, and take appropriate corrective actions, as needed. BOP concurred with this recommendation. In response to our report, in February 2023, BOP stated it will continue its ongoing efforts to use and document the results of monitoring the frequency of risk and needs assessments and take appropriate corrective actions as needed, to ensure these assessments are conducted within the statutorily required timeframes. In addition, BOP stated it is contracting for a quality assurance audit to verify it is conducting risk and needs assessments within the First Step Act of 2018 (First Step Act) required timeframes. If implemented effectively, these actions would better position BOP to ensure it is conducting assessments in accordance with the First Step Act requirements, and take corrective actions, as needed. We will continue to monitor BOP's efforts to address this recommendation.
Bureau of Prisons
Priority Rec.
This is a priority recommendation.
The Director of BOP should ensure its plan for evaluating evidence-based recidivism reduction programs has pre-established, quantifiable goals that align with the First Step Act, and includes clear milestone dates. (Recommendation 4)
Open
In March 2023, we reported that BOP's evaluation plan for its evidence-based recidivism reduction programs does not include specific details on pre-established, quantifiable goals or clear milestone dates for the evaluation of most of its programs. To help address this issue, we recommended that BOP should ensure its plan for evaluating evidence-based recidivism reduction programs has pre-established, quantifiable goals that align with the First Step Act, and includes clear milestone dates. BOP concurred with this recommendation. In response to our report, in February 2023, BOP stated its milestones will be finalized as BOP learns to gauge its capacity. We will continue to monitor BOP's efforts to address this recommendation.
Bureau of Prisons The Director of BOP should evaluate its evidence-based recidivism reduction programs, according to the plan established. (Recommendation 5)
Open
In March 2023, we reported that BOP missed dates it previously set to conduct evaluations. To help address this issue, we recommended that BOP evaluate its evidence-based recidivism reduction programs, according to the plan established. BOP concurred with this recommendation. In response to our report, in February 2023, BOP stated the milestones for its plan will be finalized as BOP learns to gauge its capacity and that it has 14 evaluations underway. We will continue to monitor BOP's efforts to address this recommendation.
Bureau of Prisons
Priority Rec.
This is a priority recommendation.
The Director of BOP should develop a mechanism to monitor, on an ongoing basis, if it is offering a sufficient amount of evidence-based recidivism reduction programs and productive activities to meet the needs of its incarcerated population. (Recommendation 6)
Open
In March 2023, we reported that BOP does not have a mechanism to monitor, on an ongoing basis, if it is offering a sufficient amount of evidence-based recidivism reduction programs and productive activities to meet the needs of the incarcerated population at each facility. To help address this issue, we recommended that BOP develop such a mechanism and BOP concurred. In response to our report, in February 2023, BOP stated it has contracted to make this information available in a dashboard format that is continually updated. Further, BOP stated the technology currently being developed will offer information on the programs offered by each facility and the needs of the incarcerated people within that facility, and such information could be used to identify unmet needs. We will continue to monitor BOP's efforts to address this recommendation.
GAO Contacts