Reports & Testimonies

  • GAO’s recommendations database contains report recommendations that still need to be addressed.

    GAO’s recommendations help congressional and agency leaders prepare for appropriations and oversight activities, as well as help improve government operations. Recommendations remain open until they are designated as Closed-implemented or Closed-not implemented. You can explore open recommendations by searching or browsing.

    GAO's priority recommendations are those that we believe warrant priority attention. We sent letters to the heads of key departments and agencies, urging them to continue focusing on these issues. These recommendations are labeled as such. You can find priority recommendations by searching or browsing our open recommendations below, or through our mobile app.

  • Browse Open Recommendations

    Explore priority recommendations by subject terms or browse by federal agency

    Search Open Recommendations

    Search for a specific priority recommendation by word or phrase



  • Governing on the go?

    Our Priorities for Policy Makers app makes it easier for leaders to search our recommendations on the go.

    See the November 10th Press Release


  • Have a Question about a Recommendation?

    • For questions about a specific recommendation, contact the person or office listed with the recommendation.
    • For general information about recommendations, contact GAO's Audit Policy and Quality Assurance office at (202) 512-6100 or apqa@gao.gov.
  • « Back to Results List Sort by   

    Results:

    Subject Term: "Appellate courts"

    3 publications with a total of 14 open recommendations
    Director: Rebecca Gambler
    Phone: (202) 512-8777

    11 open recommendations
    Recommendation: To better address current and future staffing needs, the Director of EOIR should develop and implement a strategic workforce plan that addresses, among other areas, key principles of effective strategic workforce planning, including (1) determining critical skills and competencies needed to achieve current and future programmatic results; (2) developing strategies that are tailored to address gaps in number, deployment, and alignment of human capital approaches for enabling and sustaining the contributions of all critical skills and competencies; and (3) monitoring and evaluation of the agency's progress toward its human capital goals and the contribution that human capital results have made toward achieving programmatic results.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR officials reported that its Immigration Court Staffing Committee, established in April 2017, would, among other things, examine how to best leverage the judicial and court staff workload model to address its short- and long-term staffing needs, assess the critical skills and competencies needed to achieve future programmatic results, and develop strategies to address human capital gaps. This committee expects to complete its work in March 2018. EOIR also reported that it is developing an agency-wide strategic plan that includes human capital planning as a critical component, which will be used to guide workforce planning for the entire agency. To fully address this recommendation, EOIR's Immigration Court Staffing Committee should complete its work and provide documentation demonstrating that it: 1) addressed the agency's short- and long-term staffing needs; 2) identified the critical skills and competencies needed to achieve future programmatic results; and 3) developed strategies to address human capital gaps. EOIR should also provide documentation, including the completed strategic plan, describing how the agency tailored its human capital strategies to address gaps in the number, deployment, and alignment of human capital approaches; and is monitoring and evaluating the agency's progress toward its human capital goals.
    Recommendation: To better address EOIR's immigration judge staffing needs, the Director of EOIR should: (1) assess the immigration judge hiring process to identify opportunities for efficiency; (2) use the assessment results to develop a hiring strategy that targets short- and long-term human capital needs; and (3) implement any corrective actions related to the hiring process resulting from this assessment.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it is actively implementing a new streamlined hiring plan that aims to reduce the hiring timeline. According to EOIR, this revised hiring plan, among other things, sets clear deadlines for assessing applicants moving through different stages of the process and for making decisions on advancing applicants to the next stage, as well as allows for temporary appointments for all selected judges pending full background investigations. EOIR stated that it will use this revised process in the future to fill judge vacancies. Regarding the development of a hiring strategy, EOIR stated that it recognizes the importance of assessing immigration judge hiring needs holistically to continue to develop an overall immigration judge hiring strategy, and will utilize a planned human capital strategy and additional data to further refine the hiring process. To fully address this recommendation, EOIR should continue its efforts to assess and improve its hiring process and provide documentation describing: 1) its new hiring process, including how EOIR assessed the prior hiring process to identify opportunities for efficiency; 2) its hiring strategy targeting short- and long-term human capital needs; and (3) the corrective actions EOIR implemented in response to the assessment results, such as eliminating procedures that increased the length of the hiring process.
    Recommendation: To help ensure that EOIR meets its cost and schedule expectations for EOIR Courts and Appeals Systems (ECAS), the EOIR Director should identify and establish the appropriate entity for exercising oversight over ECAS through full implementation.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: As of August 2017, EOIR reported that it had selected the EOIR Investment Review Board to serve as the ECAS oversight body with the Office of Information Technology (OIT) directly responsible for the management of the ECAS program. To fully address this recommendation, EOIR should provide documentation related to this decision.
    Recommendation: To help ensure that EOIR meets its cost and schedule expectations for ECAS, the EOIR Director should document and implement an oversight plan that is consistent with best practices for overseeing IT projects, including (1) establishing how the oversight body is to monitor program performance and progress toward expected cost, schedule, and benefits; (2) ensuring that corrective actions are identified and assigned to the appropriate parties at the first sign of cost, schedule, or performance slippages; and (3) ensuring that corrective actions are tracked until the desired outcomes are achieved.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: As of August 2017, EOIR reported that it had selected the EOIR Investment Review Board to serve as the ECAS oversight body with the Office of Information Technology (OIT) directly responsible for the management of the ECAS program. According to EOIR, OIT will record on a weekly basis all financial metrics, risks, issues, and corrective actions in EOIR's project management tool, as well as regularly evaluating the program's performance and progress and immediately implementing any needed corrective actions. To fully address this recommendation, EOIR should document and implement an oversight plan that describes how the EOIR Investment Review Board and OIT will oversee the full implementation of ECAS, including how these bodies will, consistent with best practices for overseeing IT projects: 1) monitor program performance and progress toward expected cost, schedule, and benefits; (2) ensure that corrective actions are identified and assigned to the appropriate parties at the first sign of cost, schedule, or performance slippages; and (3) ensure that corrective actions are tracked until the desired outcomes are achieved.
    Recommendation: To provide further assurance that EOIR's use of video teleconference (VTC) in immigration hearings is outcome-neutral, the Director of EOIR should collect more complete and reliable data on the number and type of hearings it conducts through VTC.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it is studying how to collect more complete and reliable data on the number and type of hearings it conducts through video teleconference (VTC). To fully address this recommendation, once EOIR determines how to collect more complete and reliable VTC hearing data, EOIR should provide documentation describing its approach and evidence of its implementation.
    Recommendation: To provide further assurance that EOIR's use of VTC in immigration hearings is outcome-neutral, the Director of EOIR should collect data on appeals in which the use of VTC formed some basis for the appeal, and the number of in-person hearing motions filed.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it is planning a pilot project to collect data on the number and type of appeals to the Board of Immigration Appeals (BIA) in which the use of video teleconference (VTC) formed an element of the basis for the appeal. EOIR expects to begin this 6-month pilot project in the first quarter of fiscal year 2018. Additionally, EOIR stated that it will assess the feasibility of collecting data on the number of filed motions requesting an in-person hearing instead of a VTC hearing. To fully address this recommendation, EOIR should continue these efforts and begin systematically collecting data on appeals in which the use of VTC formed some basis for the appeal and the number of in-person hearing motions filed.
    Recommendation: To provide further assurance that EOIR's use of VTC in immigration hearings is outcome-neutral, the Director of EOIR should use these and other data to assess any effects of VTC on immigration hearings and, as appropriate, address any issues identified through such an assessment.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it intends to analyze data on appeals in which the use of VTC formed some basis for the appeal from the Board of Immigration Appeals' pilot program as well as other data to further assess any effects of video teleconference (VTC) usage on immigration hearings. To fully address this recommendation, EOIR should, pending the results of the pilot program, use these and other data to assess any effects of VTC on immigration hearings and, as appropriate, address any issues identified through such an assessment.
    Recommendation: To further ensure that EOIR's VTC hearings meet all user needs and help EOIR identify and address technical issues with VTC hearings, the Director of EOIR should develop and implement a mechanism to solicit and monitor feedback from respondents regarding their satisfaction and experiences with VTC hearings, including the audio and visual quality of the hearing.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it partially agreed with this recommendation and would create a mechanism to solicit open-ended feedback from respondents regarding their satisfaction and experience with video teleconference (VTC) hearings, including the audio and visual quality of the hearing. EOIR reported that it is exploring and expects to implement some options by the first quarter of fiscal year 2018, such as a feedback portal on the EOIR website, a dedicated e-mail box, or a comment card for distribution to respondents at immigration courts and detention centers where VTC hearings are held. To fully address this recommendation, EOIR should continue to explore and implement a mechanism to solicit and monitor feedback from respondents regarding their satisfaction and experiences with VTC hearings, including the audio and visual quality of the hearing.
    Recommendation: To better assess court performance and use data to identify potential management challenges, the Director of EOIR should establish and monitor comprehensive case completion goals, including a goal for completing non-detained cases not currently captured by performance measures, and goals for cases it considers a priority.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it agrees that the agency should measure case completions in all categories and is evaluating the best way to measure its courts' performance to improve efficiency and productivity. Additionally, EOIR reported that it is working with the immigration judges' union to conduct this assessment and expects to complete this evaluation and begin working toward making any changes to its performance assessment system by the second quarter of fiscal year 2018. To fully address this recommendation, EOIR should continue these efforts and establish and monitor comprehensive case completion goals, including a goal for completing non-detained cases not currently captured by performance measures, and goals for cases it considers a priority.
    Recommendation: To better assess court performance and use data to identify potential management challenges, the Director of EOIR should systematically analyze immigration court continuance data to identify and address any operational challenges faced by courts or areas for additional guidance or training.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it will further analyze continuance data to identify and address operational challenges as well as determine areas where immigration judges might benefit from additional guidance or training on the use of continuances. EOIR plans to prepare new reports assessing continuance data by the first quarter of fiscal year 2018. Additionally, EOIR reported that it anticipates releasing a new Operating Policies and Procedures Memorandum addressing the appropriate use of continuances in August 2017. To fully address this recommendation, EOIR should continue to systematically analyze continuance data to identify any operational challenges faced by courts or areas for additional guidance or training, and address any challenges through taking actions such as issuing the new memorandum on continuances.
    Recommendation: To better assess court performance and use data to identify potential management challenges, the Director of EOIR should update policies and procedures to ensure the timely and accurate recording of Notices to Appear.

    Agency: Department of Justice: Executive Office for Immigration Review
    Status: Open

    Comments: In August 2017, EOIR stated that it partially agreed with this recommendation and will continue to monitor the timeliness and accuracy of NTA recording and implement corrective actions as needed. Additionally, EOIR stated that it will explore the need to create new guidance for immigration court staff to address instances where EOIR exceeds average recording times timeframes in the future. To fully implement this recommendation, EOIR should update its policies and procedures to better ensure the timely and accurate recording of NTAs, and thus provide greater assurance that EOIR's case management data are accurate, including case completion times and the size of its case backlog.
    Director: Rebecca Shea
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: To provide circuits with information needed to help guide future space-reduction and use decisions, the Director of AOUSC should document and share additional practices on innovative and cost-effective use or design of appellate courtrooms and judges' chambers, such as scheduling, redesign, and sharing arrangements, and any other potential approaches, with all regional circuits in order to help them determine the feasibility of these options for their circuit.

    Agency: Administrative Office of the United States Courts
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    Recommendation: To provide more reliable information for assessing the progress of its cost containment efforts and for informing judiciary and congressional oversight and decision making, the Director of AOUSC should develop a reliable method for estimating cost savings achieved (i.e., that ensures that cost savings are calculated in an accurate and complete manner) for major cost containment initiatives (as determined by the judiciary).

    Agency: Administrative Office of the United States Courts
    Status: Open

    Comments: In September 2016, the AOUSC reported that the Judicial Conference Budget Committee (Committee) discussed the GAO report and its two recommendations relating to major cost containment initiatives in January 2016. Among other things, the Budget Committee asked AOUSC staff to lead a working group to examine major cost containment efforts and develop recommendations on how to proceed on improvements to the calculation and reporting of associated cost savings. According to the AOUSC, work is currently underway to address the Budget Committee's recommendations. To fully address this recommendation, the AOUSC should provide the working group's recommendations on how to proceed on improvements to the calculation of cost savings associated with major cost containment efforts and evidence that the improvements have been implemented.
    Recommendation: To provide more reliable information for assessing the progress of its cost containment efforts and for informing judiciary and congressional oversight and decision making, the Director of AOUSC should regularly report estimated cost savings achieved for major cost containment initiatives (as determined by the judiciary).

    Agency: Administrative Office of the United States Courts
    Status: Open

    Comments: In September 2016, the AOUSC reported that the Judicial Conference Budget Committee (Committee) discussed the GAO report and its two recommendations relating to major cost containment initiatives in January 2016. Among other things, the Committee asked AOUSC staff to lead a working group to examine major cost containment efforts and develop recommendations on how to proceed on improvements to the calculation and reporting of associated cost savings. The AOUSC stated that the Committee believes that reporting on the Judiciary's cost containment initiatives should be included in the Judiciary's annual budget justification materials, as appropriate, to support the annual budget request. To fully address this recommendation, the AOUSC should provide the working group's recommendations on how to proceed on improvements to the reporting of cost savings associated with major cost containment efforts and evidence that the improvements have been implemented.