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Open Recommendations (25 total)

Southwest Border: CBP Could Take Additional Steps to Strengthen Its Response to Incidents Involving Its Personnel

GAO-24-106148
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should ensure that OPR trains investigators on how to apply the guidance on the independence standard, once developed, to their investigative work. (Recommendation 4)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Southwest Border: CBP Could Take Additional Steps to Strengthen Its Response to Incidents Involving Its Personnel

GAO-24-106148
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1 Open Recommendations
Agency Affected Recommendation Status
United States Customs and Border Protection The Commissioner of CBP should ensure that OPR develops guidance for investigators on identifying potential impairments to their investigative independence and when and how to take action regarding any such impairments. (Recommendation 3)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

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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1 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.

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

GAO-24-105820
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1 Open Recommendations
Agency Affected Recommendation Status
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.

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.

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.

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.
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