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:

    Federal Agency: "Department of Justice"

    49 publications with a total of 112 open recommendations including 20 priority recommendations
    Director: Diana Maurer
    Phone: (202) 512-8777

    3 open recommendations
    Recommendation: The Director of the USMS should develop specific documented guidance--both for the current and new processes--to enhance raters' ability to consistently interpret and apply experience-based benchmarks for GS-14 and GS-15 positions and competency-based benchmarks for GS-13 positions when evaluating candidate qualifications. (Recommendation 1)

    Agency: Department of Justice: United States Marshals Service
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Director of the USMS should develop and implement a mechanism to provide specific feedback to employees on the results of the promotion process, including their readiness for promotion. (Recommendation 2)

    Agency: Department of Justice: United States Marshals Service
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Director of the USMS should develop and implement an agency-wide action plan to more fully understand and address areas where employees express negative perceptions of the merit promotion process. Consistent with Office of Personnel Management guidance in this area, the plan should specify (1) time frames for accomplishing the actions, (2) who will be responsible for implementing the actions, (3) who will be affected by the actions, (4) the resources required, and (5) a plan to communicate these actions to managers and employees. (Recommendation 3)

    Agency: Department of Justice: United States Marshals Service
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Timothy J. DiNapoli
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To enhance management attention to closing out contracts, the Attorney General should direct the Senior Procurement Executive to ensure the development of a means to track data on the number and type of contracts eligible for closeout and where the contracts are in the closeout process, as well as a means to assess--at the agency or component level--progress by establishing goals and performance measures for closing contracts. (Recommendation 4)

    Agency: Department of Justice
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The Secretaries of Agriculture, Commerce, Defense, Homeland Security, Energy, HHS, Interior, Labor, State, Transportation, Treasury, and VA; the Attorney General of the United States; the Administrators of EPA, GSA, and SBA; the Director of OPM; and the Chairman of NRC should take action to, within existing OMB reporting mechanisms, complete plans describing how the agency will achieve OMB's requirement to implement automated monitoring tools at all agency-owned data centers by the end of fiscal year 2018.

    Agency: Department of Justice
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Gretta L. Goodwin
    Phone: (202) 512-8777

    5 open recommendations
    Recommendation: To better understand the available opportunities for collecting inmate health care utilization data, BOP should conduct a cost-effectiveness analysis of potential solutions, and take steps toward implementation of the most effective solution.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To better understand the available opportunities for controlling health care costs, BOP should implement its guidance to conduct "spend analyses" of BOP's health care spending, using data sources already available

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To determine the actual or likely effectiveness of its ongoing or planned health care cost control initiatives, BOP should evaluate the extent to which its initiatives achieve their cost control aim.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To enhance its strategic planning for and implementation of health care cost control efforts, BOP should incorporate elements of a sound planning approach and (1) establish a means of measuring progress toward and effectiveness of its activities for its current strategic objectives and goals related to controlling health care costs; and (2) identify the resources and investments necessary for implementation of its planned health care cost control initiatives.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To improve the reliability and utility of its Federal Medical Center mission analyses, BOP should document the analyses and findings that underlie its recommendations.

    Agency: Department of Justice: Bureau of Prisons
    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) 512-8777

    1 open recommendations
    Recommendation: To better ensure that the FBI Laboratory obtains additional transcripts, the FBI Director should require that the FBI Laboratory's procedure for tracking and obtaining transcripts routinely captures and uses additional information and data critical to transcript acquisition, such as the reason a transcript is unavailable, when it is expected to be available, the court jurisdiction, and a point of contact for the transcript.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    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: David Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The following 17 agencies (the Secretaries of the Departments of Commerce, Defense, Energy, Health and Human Services, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs; the Attorney General; and the Administrators of the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, and U.S. Agency for International Development; the Chairman of the Nuclear Regulatory Commission; and the Commissioner of the Social Security Administration) should each take action to complete the missing elements in their respective DCOI strategic plan, including addressing any identified challenges, and submit their completed strategic plan to OMB.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice has not yet taken action to implement our recommendation. We will continue to monitor the department's efforts to address the recommendation.
    Director: Maurer, Diana C
    Phone: (202) 512-8777

    2 open recommendations
    Recommendation: To help identify what domestic CVE efforts are to achieve and the extent to which investments in CVE result in measureable success, the Secretary of Homeland Security and the Attorney General--as heads of the two lead agencies responsible for coordinating CVE efforts--should direct the CVE Task Force to develop a cohesive strategy that includes measurable outcomes for CVE activities.

    Agency: Department of Justice
    Status: Open

    Comments: As of May 2017, CVE Task Force officials stated that they are identifying concrete outputs and outcomes for CVE efforts outlined in the 2016 Strategic Implementation Plan. CVE Task Force officials also stated that they plan to develop short-term, medium-term, and long-term outcomes for these efforts. The Task Force plans to report to the White House Homeland Security Advisor on their implementation progress in January 2018. GAO will continue to monitor the CVE Task Force's progress in this area.
    Recommendation: To help identify what domestic CVE efforts are to achieve and the extent to which investments in CVE result in measureable success, the Secretary of Homeland Security and the Attorney General--as heads of the two lead agencies responsible for coordinating CVE efforts--should direct the CVE Task Force to establish and implement a process to assess overall progress in CVE, including its effectiveness.

    Agency: Department of Justice
    Status: Open

    Comments: As of May 2017, CVE Task Force officials stated that they have begun consulting with departments and agencies that have already invested in CVE program assessment and are developing a research-based framework for designing and assessing CVE metrics. The CVE Task Force plans to report to the White House Homeland Security Advisor on their implementation progress in January 2018. GAO will continue to monitor the CVE Task Force's progress in this area.
    Director: Gretta L. Goodwin
    Phone: (202) 512-8777

    2 open recommendations
    Recommendation: To help ensure that DOJ is contributing to efforts to improve data collection and service provision to Native Americans, the Director of OVW should require grantees to report the number of human trafficking victims served using grant funding, and, as appropriate, the Native American status of those victims.

    Agency: Department of Justice: Office of Justice Programs: Violence Against Women Office
    Status: Open

    Comments: In responding to a draft of our report, DOJ agreed to require their grantees to report the number of human trafficking victims served, but did not agree to require them to track Native American status of those victims as appropriate, citing victim confidentiality and other reasons. In June 2017, following our report's publication, DOJ provided a status update, reporting that OVW already collects consolidated data on the number of American Indian and Alaska Native victims served who are victims of all crimes and it is in the process of revising grantee forms to collect information on the number of people served who are victims of sex trafficking. We continue to believe that collecting grantee information on both the number and Native American status of victims served is important and will continue to monitor implementation.
    Recommendation: To help ensure that DOJ is contributing to efforts to improve data collection and service provision to Native Americans, the Assistant Attorney General for the Office of Justice Programs should direct OVC and OJJDP to require their grantees to report the number of human trafficking victims served using grant funding, and, as appropriate, the Native American status of those victims.

    Agency: Department of Justice: Office of Justice Programs
    Status: Open

    Comments: In responding to a draft of our report, DOJ agreed to require its grantees to report the number of human trafficking victims served, but did not agree to require them to track Native American status of those victims as appropriate, citing victim confidentiality and other reasons. In June 2017, following our report's publication, DOJ provided a status update, reporting that OJJDP human trafficking grantees will be required to report the number of human trafficking victims served, beginning with progress reports ending December 31, 2017, and that OJJDP will update applicable solicitations beginning in fiscal year 2018 to reflect this new measure. DOJ reported no new efforts from OVC, and maintained that it will not require grantees to report on the Native American status of their victims served using grant funding because of the concerns it cited initially. We continue to believe that collecting grantee information on both the number and Native American status of victims served is important and will continue to monitor implementation.
    Director: Lori Rectanus
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: The Attorney General should instruct the Director of the Marshals Service to ensure that the improvements being made to the Marshals Service's information on the security concerns of individual buildings allow the Marshals Service to understand the concerns across the portfolio.

    Agency: Department of Justice
    Status: Open

    Comments: When we confirm what actions the Marshalls Service has taken in response to this recommendation, we will provide updated information.
    Director: Melissa Emrey-Arras
    Phone: (617) 788-0534

    2 open recommendations
    Recommendation: To ensure that all eligible servicemembers with student loans receive the SCRA interest rate cap, the Attorney General should direct the Department of Justice to consider modifying its proposed changes to SCRA to require use of the automatic eligibility check for private student loans.

    Agency: Department of Justice: Office of the Attorney General
    Status: Open

    Comments: The Department of Justice (DOJ) stated that its current package of proposed legislative changes provides benefits to servicemembers with all kinds of loans, including private student loans. Rather than requiring servicemembers to submit written notice and a copy of military orders, they need only give oral or written notice of eligibility for the cap to their creditors. Creditors would then have to search the Department of Defense's records to verify the servicemembers' military service and apply the SCRA interest rate cap, when applicable. DOJ believes that these changes would significantly benefit all servicemembers with loans while providing a uniform standard for all types of creditors. The department added that it will consider its proposed changes to SCRA in future legislative proposals and plans to obtain feedback from stakeholders on how to improve SCRA's protections for servicemembers. However, as stated in our report, servicemembers with private student loans would still need to be aware of the rate cap in order to give notice, whether written or oral. Therefore, we encourage DOJ to consider updating its current proposal to require use of the automatic eligibility check by all student loan lenders and servicers. Not only would this ensure that servicemembers with private student loans receive a benefit for which they are eligible, but also that the interest rate cap is applied consistently across all types of student loans. The agency said that it would consider these changes to the SCRA in future legislative proposals and plans to obtain feedback from stakeholders on how the agency can propose to improve the SCRA's protections for servicemembers. However, as stated in our report, servicemembers with private student loans would still need to be aware of the rate cap in order to give notice, whether written or oral. Therefore, we encourage DOJ to consider updating its current proposal to require use of the automatic eligibility check by all student loan lenders and servicers. Not only would this ensure that servicemembers with private student loans receive a benefit for which they are eligible, but also that the interest rate cap is applied consistently across all types of student loans.
    Recommendation: To better ensure that servicemembers with private student loans benefit from the SCRA interest rate cap, the Director of the Consumer Financial Protection Bureau and the Attorney General of the Department of Justice should coordinate with each other, and with the four federal financial regulators, as appropriate, to determine the best way to ensure routine oversight of SCRA compliance for all nonbank private student loan lenders and servicers. If CFPB and DOJ determine that additional statutory authority is needed to facilitate such oversight, CFPB and DOJ should develop a legislative proposal for Congress.

    Agency: Department of Justice: Office of the Attorney General
    Status: Open

    Comments: The Department of Justice (DOJ) believes that it is in full compliance with this recommendation and that the four federal financial regulators do not have statutory authority to examine nonbank private student loan lenders and servicers unaffiliated with a depository institution. DOJ stated that it already coordinates extensively with the Consumer Financial Protection Bureau (CFPB) and the financial regulators concerning SCRA compliance through such mechanisms as referrals from CFPB for any SCRA-related violations and access to its consumer complaint database, and regular meetings with CFPB, and that it will continue to be built upon these efforts. While these mechanisms are commendable, GAO believes they do not constitute exercising routine oversight of nonbank private student loan lenders and servicers who are not affiliated with a depository institution. We believe that additional interagency coordination, including working with CFPB to seek additional statutory authority, as needed, is necessary to ensure routine SCRA compliance.
    Director: Rebecca Gambler
    Phone: (202) 512-8777

    1 open recommendations
    Recommendation: To better assess whether the LOP and LOPC are having a measurable impact in meeting their program objectives, the Director of EOIR should develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC and assess whether the programs are achieving their stated goals.

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

    Comments: In January 2017, EOIR reported that the agency is working with a contractor to redesign EOIR's performance management system consistent with the principles outlined in the Government Performance and Results Modernization Act of 2010. In addition, EOIR reported that staff from its Office of Legal Access Programs (OLAP) plan to participate in strategic planning training, which will include how to establish performance measurements. To fully address the recommendation, EOIR should develop and implement a system of performance measures for LOP and LOPC, including establishing a baseline, and assess program performance against such measures.
    Director: Kimberly Gianopoulos
    Phone: (202) 512-8612

    1 open recommendations
    Recommendation: To provide a basis for comparing actual results with intended results that can generate more meaningful performance information, the Secretaries of the Interior and State and the Attorney General of the United States should jointly work with the Task Force to develop performance targets related to the National Strategy for Combating Wildlife Trafficking Implementation Plan.

    Agency: Department of Justice
    Status: Open

    Comments: Agency agreed with recommendation and plans to implement it
    Director: Gregory C. Wilshusen
    Phone: (202) 512-6244

    2 open recommendations
    Recommendation: To ensure that the role of the CISO is defined in department policy in accordance with FISMA 2014, the Attorney General should define the CISO's role in department policy for ensuring that information security policies and procedures are developed and maintained.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurs with our recommendation but has not yet provided sufficient evidence that it has implemented the recommendation.
    Recommendation: To ensure that the role of the CISO is defined in department policy in accordance with FISMA 2014, the Attorney General should define the CISO's role in department policy for ensuring that plans and procedures are in place to ensure recovery and continued operations of the department's information systems in the event of a disruption.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurs with our recommendation but has not yet provided sufficient evidence that it has implemented the recommendation.
    Director: Gretta L. Goodwin
    Phone: (202) 512-8777

    1 open recommendations
    Recommendation: To enhance the clarity and transparency of sexual violence data that is reported to the public, the Secretary of Education should direct the Assistant Secretary for the Office of Postsecondary Education, the Secretary of Health and Human Services should direct the Director of Centers for Disease Control and Prevention, and the Attorney General should direct the Director of the Bureau of Justice Statistics to make information on the acts of sexual violence and contextual factors that are included in their measurements of sexual violence publicly available. This effort could entail revising their definitions of key terms used to describe sexual violence so that the definitions match the measurements of sexual violence.

    Agency: Department of Justice
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Gretta L. Goodwin
    Phone: (202) 512-8777

    1 open recommendations
    Recommendation: To help the NICS Section achieve its mission to enhance national security and public safety by providing the timely and accurate determination of a person's eligibility to possess firearms, the Director of the FBI should monitor NICS check outcomes for specific categories of prohibited individuals to assess timeliness and provide this information to other DOJ entities for use in establishing priorities and tools to assist states in submitting more complete records for use during NICS checks.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

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

    1 open recommendations
    Recommendation: In order to help ensure that ATF adheres to its policies and facilitates industry compliance with requirements, the Deputy Director of ATF should align the MS deletion policy, MS system design, and the timeliness of deletion practices to improve ATF's compliance with the policy.

    Agency: Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives
    Status: Open

    Comments: In September 2016, ATF reported that it deleted all purchaser names within those multiple sale records GAO identified as having been retained beyond time limits specified by ATF?s policy. In addition, ATF stated that it is in the process of implementing protocols to ensure that purging purchaser names within multiple sale records aligns with ATF policy. As of March 2017, ATF reported changing its query code to result in an improved match ratio with the MS system. In July 2017, ATF reiterated its deletion of affected purchaser names and its change in query code. However, given the longstanding nature of this issue, ATF needs to provide more documentation to demonstrate that the change in query code will identify all records eligible for deletion.
    Director: Marcia Crosse
    Phone: (202) 512-7114

    2 open recommendations
    Recommendation: To make the best use of federal resources directed toward combating FGM/C in the United States, the Attorney General and the Secretaries of Education, Health and Human Services, Homeland Security, and State should each develop a written plan that describes the agency's approach for conducting education and outreach to key stakeholders in the United States regarding FGM/C.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice (DOJ) concurred with this recommendation, and noted in a September 2016 update that the Human Rights and Special Prosecutions Section of its Criminal Division is taking the lead on developing a written plan on its FGM/C outreach and awareness efforts. As of August 2017, DOJ has not yet developed a written plan.
    Recommendation: To make the best use of federal resources directed toward combating FGM/C in the United States, the Attorney General and the Secretaries of Education, Health and Human Services, Homeland Security, and State should each communicate the plan with other relevant federal agencies and stakeholder groups, as appropriate.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice (DOJ) concurred with this recommendation, and noted in a September 2016 update that the Human Rights and Special Prosecutions Section of its Criminal Division is taking the lead on developing a written plan on its FGM/C outreach and awareness efforts. DOJ also noted that it would communicate its written plan with other relevant federal agencies and stakeholder groups, as appropriate. As of August 2017, DOJ has not yet disseminated a written plan.
    Director: Diana C. Maurer
    Phone: (202) 512-9627

    4 open recommendations
    Recommendation: To help determine if pretrial diversion programs and practices are effectively contributing to the achievement of department goals and enhance DOJ's ability to better manage and encourage the use of such programs and practices, the Attorney General should identify, obtain, and track data on the outcomes and costs of pretrial diversion programs.

    Agency: Department of Justice
    Status: Open

    Comments: In providing comments on this report, DOJ concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Recommendation: To help determine if pretrial diversion programs and practices are effectively contributing to the achievement of department goals and enhance DOJ's ability to better manage and encourage the use of such programs and practices, the Attorney General should develop performance measures by which to help assess program outcomes.

    Agency: Department of Justice
    Status: Open

    Comments: In providing comments on this report, DOJ concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Recommendation: To determine how the use of RRCs and home confinement contribute to its goal of helping inmates successfully reenter society, and to better enable BOP to adjust its policies and procedures for the optimal use of these alternatives, as necessary and within statutory requirements, the Director of BOP should identify, obtain, and track data on the outcomes of the programs.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: In providing comments on this report, DOJ concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Recommendation: To determine how the use of RRCs and home confinement contribute to its goal of helping inmates successfully reenter society, and to better enable BOP to adjust its policies and procedures for the optimal use of these alternatives, as necessary and within statutory requirements, the Director of BOP should develop performance measures by which to help assess program outcomes.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: In providing comments on this report, DOJ concurred with this recommendation but has not yet taken any actions necessary to implement it.
    Director: J. Christopher Mihm
    Phone: (202) 512-6806

    1 open recommendations
    Recommendation: To improve the public reporting of major management challenges and to ensure performance information is useful, transparent, and complete, the Attorney General should describe the Department of Justice's major management challenges and include performance goals, performance measures, milestones, planned actions and an agency official responsible for resolving each of its major management challenges as part of the Department of Justice's agency performance plan.

    Agency: Department of Justice
    Status: Open

    Comments: According to the Department of Justice's action plan to address GAO's recommendations, it will report the Office of Inspector General Top Management Challenges in both the Annual Financial Report (AFR) and the Annual Performance Report(APR)/Annual Performance Plan(APP). For the APR/APP, the Department of Justice will also include the appropriate performance goals, performance measures, milestones, planned actions addressing the challenges and the name(s) of agency official(s) responsible for resolving each of its major management challenges. As of August 2017, however, the Department of Justice had not taken any actions to implement our recommendation. When the 2019 annual performance plan is issued, we will update the status of this recommendation.
    Director: Diana C. Maurer
    Phone: (202) 512-9627

    2 open recommendations
    including 2 priority recommendations
    Recommendation: To allow for more efficient use of data on missing and unidentified persons contained in the NCIC's Missing Persons and Unidentified Persons files and NamUs, the Directors of the FBI and NIJ should evaluate the feasibility of sharing certain information among authorized users, document the results of this evaluation, and incorporate, as appropriate, legally and technically feasible options for sharing the information.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open
    Priority recommendation

    Comments: In commenting on GAO's June 2016 report, DOJ disagreed with our recommendation, because DOJ believes it does not have the legal authority to fulfill the corrective action as described in the proposed recommendation. Specifically, DOJ stated that the National Missing and Unidentified Persons System (NamUs) does not qualify, under federal law, for access to the National Crime Information Center (NCIC) and is not an authorized user to receive NCIC data. Therefore, DOJ does not believe there is value in evaluating the technical feasibility of integrating these two databases. In March 2017, DOJ reiterated its position that any such sharing was prohibited by law. We understand the legal framework placed on NCIC and that it may be restricted from fully integrating with a public database. However, this statutory restriction does not preclude DOJ from exploring options to more efficiently share information within the confines of the current legal framework. Until DOJ studies whether such feasible mechanisms exist, it will be unable to make this determination, risking continued inefficiencies through fragmentation and overlap.
    Recommendation: To allow for more efficient use of data on missing and unidentified persons contained in the NCIC's Missing Persons and Unidentified Persons files and NamUs, the Directors of the FBI and NIJ should evaluate the feasibility of sharing certain information among authorized users, document the results of this evaluation, and incorporate, as appropriate, legally and technically feasible options for sharing the information.

    Agency: Department of Justice: Office of Justice Programs: National Institute of Justice
    Status: Open
    Priority recommendation

    Comments: In commenting on GAO's June 2016 report, DOJ disagreed with our recommendation, because DOJ believes it does not have the legal authority to fulfill the corrective action as described in the proposed recommendation. Specifically, DOJ stated that the National Missing and Unidentified Persons System (NamUs) does not qualify, under federal law, for access to the National Crime Information Center (NCIC) and is not an authorized user to receive NCIC data. Therefore, DOJ does not believe there is value in evaluating the technical feasibility of integrating these two databases. In March 2017, DOJ reiterated its position that any such sharing was prohibited by law. We understand the legal framework placed on NCIC and that it may be restricted from fully integrating with a public database. However, this statutory restriction does not preclude DOJ from exploring options to more efficiently share information within the confines of the current legal framework. Until DOJ studies whether such feasible mechanisms exist, it will be unable to make this determination, risking continued inefficiencies through fragmentation and overlap.
    Director: Seto Bagdoyan
    Phone: (202) 512-6722

    5 open recommendations
    Recommendation: To help ensure that practitioners who may be ineligible do not possess a controlled substance registration and that practitioners who pose an increased risk of illicit diversion are identified, the Acting Administrator of DEA should take additional actions to strengthen verification controls. Specifically, the Acting Administrator of DEA should develop a legislative proposal requesting authority to require SSNs for all individuals, regardless of whether they hold an individual or business registration.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In August 2016, DEA told us it is exploring the possibility and practicality of implementing policy or rule changes that would require Social Security Numbers (SSN) from all persons applying for a DEA Registration as a practitioner or mid-level practitioner. We will continue to monitor DEA's progress in implementing this recommendation.
    Recommendation: To help ensure that practitioners who may be ineligible do not possess a controlled substance registration and that practitioners who pose an increased risk of illicit diversion are identified, the Acting Administrator of DEA should take additional actions to strengthen verification controls. Specifically, the Acting Administrator of DEA should develop policies and procedures to validate SSNs and apply the policies and procedures to all new and existing SSNs in the CSA2; such an approach could involve collaborating with SSA to assess the feasibility of checking registrants' SSNs against the Enumeration Verification System.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In August 2016, DEA told us that it had initiated discussions with the Social Security Administration (SSA) to determine the legality and feasibility of using SSA's Enumeration Verification System (EVS) to verify SSNs provided during the registration process. DEA stated that SSA has informed both GAO and DEA that its current legislative authorities do not authorize SSA to provide the information to DEA. As a a result, DEA stated that legislative action will be required to allow DEA additional access to EVS. As stated in our report, the use of EVS is one possible approach to validate SSNs. We will continue to monitor DEA's progress in implementing this recommendation.
    Recommendation: To help ensure that practitioners who may be ineligible do not possess a controlled substance registration and that practitioners who pose an increased risk of illicit diversion are identified, the Acting Administrator of DEA should take additional actions to strengthen verification controls. Specifically, the Acting Administrator of DEA should develop a legislative proposal to request access to SSA's full death file.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In August 2016, DEA told us that the Social Security Administration (SSA) determined that it cannot provide data from the full death file to DEA under existing law for use in administering the DEA Registration Process. DEA also said that if legislative changes allow DEA full access to SSA's full death file, DEA will work with SSA to ensure implementation of the new legislative authority. We continue to believe that DEA should develop a legislative proposal to request access to SSA's full death file and we will continue to monitor DEA's progress in implementing this recommendation.
    Recommendation: To help ensure that practitioners who may be ineligible do not possess a controlled substance registration and that practitioners who pose an increased risk of illicit diversion are identified, the Acting Administrator of DEA should take additional actions to strengthen verification controls. Specifically, the Acting Administrator of DEA should identify and implement a cost-effective approach to monitor state licensure and disciplinary actions taken against its registrants; such an approach could include using data sources that contain this information, such as the National Practitioner Data Bank or the Federation of State Medical Boards.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In August 2016, DEA told us that currently, the Controlled Substance Act and its implementing regulations do not specifically give DEA authority to access state medical licensing boards' databases. DEA also said that it met with representatives of the Federation of State Medical Boards (FSMB) to develop a process that will allow DEA to accomplish the objectives GAO articulated in the draft report. Specifically, DEA said that it is exploring use of the FSMB service to verify the existence and status of state licenses to ensure all applicants for registration who are Doctors of Medicine and Doctors of Osteopathy, or Physician Assistants (in the states that provide this data to FSMB), meet the requirements to possess a DEA Registration. To implement the above described actions, DEA stated it will need to enter into an agreement with FSMB to provide this data in a format that allows real-time access to the data and accommodates the large numbers of applicants for DEA Registrations. DEA also said it obtained information from FSMB to begin the agreement process and is currently obtaining information on data elements that can be used to test user account codes to flag records in the FSMB. We will continue to monitor DEA's progress in implementing this recommendation.
    Recommendation: To help ensure that practitioners who may be ineligible do not possess a controlled substance registration and that practitioners who pose an increased risk of illicit diversion are identified, the Acting Administrator of DEA should take additional actions to strengthen verification controls. Specifically, the Acting Administrator of DEA should assess the cost and feasibility of developing procedures for monitoring registrants' criminal backgrounds, such as conducting matches against federal law-enforcement databases, and document decisions about the approach chosen.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In August 2016, DEA told us they are in the process of determining the feasibility of implementing actions that would permit DEA to comply with the recommendation utilizing the current legal framework and within reasonable cost parameters. DEA also said that the large volume of DEA registrations and the large number of applications received monthly present extensive technical and fiscal challenges with addressing this recommendation. We will continue to monitor DEA's progress in implementing this recommendation.
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: To address obsolete IT investments in need of modernization or replacement, the Secretaries of Agriculture, Commerce, Defense, Energy, Health and Human Services, Homeland Security, State, the Treasury, Transportation, and Veterans Affairs; the Attorney General; and the Commissioner of Social Security should direct their respective agency CIOs to identify and plan to modernize or replace legacy systems as needed and consistent with OMB's draft guidance, including time frames, activities to be performed, and functions to be replaced or enhanced.

    Agency: Department of Justice
    Status: Open

    Comments: The agency agreed with the recommendation. As of May 2017, the agency stated that it was completing the initial steps of an assessment to provide a qualitative and definitive list of systems which meet criteria for retirement and/or decommission. This assessment is to review the complexity of work per system, and provide a rough order of magnitude cost estimate on a system-by-system basis. Further, VA is in the process of decommissioning the BDN and PAID systems mentioned in our report. The decommissioning of BDN is in the planning stage and the agency estimates the project to cost $100 million to complete. The replacement of PAID has been occurring in incremental phases, but the agency did not provide an estimated date of retirement. We will continue to monitor the implementation of this recommendation.
    Director: Maurer, Diana C
    Phone: (202) 512-8777

    2 open recommendations
    Recommendation: To ensure that costs savings estimates are reliable, the Director of the USMS should direct its Prisoner Operations Division to develop reliable methods for estimating cost savings and validating reported savings achieved.

    Agency: Department of Justice: United States Marshals Service
    Status: Open

    Comments: In May 2016, we reported on United States Marshals Service's (USMS) actions to reduce prisoner-related costs from fiscal years 2010 through 2015. During the course of our review, we found that while USMS implemented actions that it reports have continued to save prisoner-related costs, USMS's methods to determine savings for certain actions were not reliable. For example, USMS identified $375 million in savings from the alternatives to pre-trial detention program for fiscal years 2010 through 2015, but did not verify the data or methodology used to develop the estimate or provide documentation supporting its reported savings for fiscal years 2012 onward. Consequently, we recommended that USMS direct its prisoner operations division to develop reliable methods for estimating cost savings and validating reports savings achieved. USMS concurred with our recommendation. In July 2016, USMS provided more information about how it would address the recommendation by confirming that its future cost savings estimates would be consistent with OMB guidelines for conducting benefit-cost analyses and GAO-identified practices for assessing the reliability of computer-processed data. Aligning USMS estimates with these identified practices would better position the agency to assess the effectiveness of its cost savings efforts. As USMS develops such mechanisms, we will request and consider documentation and other evidence to determine that USMS has implemented this recommendation.
    Recommendation: To enable USMS to more consistently identify deficiencies and monitor corrective actions, the Director of the USMS should establish a mechanism to aggregate and analyze the results of annual district self-assessments.

    Agency: Department of Justice: United States Marshals Service
    Status: Open

    Comments: In May 2016, we reported on United States Marshals Service's (USMS) actions to design systems to help identify cost savings opportunities. During the course of our review, we found that USMS has designed several systems for identifying cost savings, including, for example, developing a strategic plan and guidance for district officials that reinforce policies to provide for the safe, secure, and cost-effective containment of its prisoners. In addition, USMS requires districts to conduct annual self-assessments of their procedures to identify any deficiencies which could lead to cost savings. However, USMS cannot aggregate and analyze the results of the assessments across districts. As a result, we recommended that USMS establish a mechanism to aggregate and analyze the results of annual district self-assessments. USMS concurred with our recommendation. In July 2016, USMS informed us that the agency will develop a method to aggregate and analyze the results of the annual district self-assessments. However, it has not provided information on its plans or timelines to implement the recommendation. As USMS develops such mechanisms, we will consider documentation and other evidence to determine that USMS has implemented this recommendation.
    Director: Diana Maurer
    Phone: (202) 512-9627

    6 open recommendations
    including 6 priority recommendations
    Recommendation: To improve transparency and better ensure that face recognition capabilities are being used in accordance with privacy protection laws and policy requirements, the Attorney General should assess the PIA development process to determine why PIAs were not published prior to using or updating face recognition capabilities, and implement corrective actions to ensure the timely development, updating, and publishing of PIAs before using or making changes to a system.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: DOJ officials did not concur with this recommendation, and stated that the FBI has established practices that protect privacy and civil liberties beyond the requirements of the law. DOJ officials stated that it will internally evaluate the PIA process as part of the Department's overall commitment to improving its processes, not in response to our recommendation. In March 2017, we followed up with DOJ to obtain its current position on our recommendation. DOJ continues to believe that its approach in designing the NGI system was sufficient to meet legal privacy requirements and that our recommendation represents a "checkbox approach" to privacy. We disagree with DOJ's characterization of our recommendation. We continue to believe that the timely development and publishing of future PIAs would increase transparency of the department's systems. We recognize the steps the agency took to consider privacy protection during the development of the NGI system. We also stand by our position that notifying the public of these actions is important and provides the public with greater assurance that DOJ components are evaluating risks to privacy when implementing systems. As a result, the recommendation remains open and unimplemented.
    Recommendation: To improve transparency and better ensure that face recognition capabilities are being used in accordance with privacy protection laws and policy requirements, the Attorney General should assess the SORN development process to determine why a SORN was not published that addressed the collection and maintenance of photos accessed and used through NGI for the FBI's face recognition capabilities prior to using NGI-IPS, and implement corrective actions to ensure SORNs are published before systems become operational.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: DOJ agreed, in part, with our recommendation and submitted the SORN for publication to the Federal Register on April 21, 2016, and it was published on May 5, 2016. DOJ did not agree that the publication of a SORN is required by law. We disagree with DOJ's interpretation regarding the legal requirements of a SORN. The Privacy Act of 1974 requires that when agencies establish or make changes to a system of records, they must notify the public through a SORN published in the Federal Register. DOJ's comments on our draft report acknowledge that the automated nature of face recognition technology and the sheer number of photos now available for searching raise important privacy and civil liberties considerations. DOJ officials also stated that the FBI's face recognition capabilities do not represent new collection, use, or sharing of personal information. We disagree. We believe that the ability to perform automated searches of millions of photos is fundamentally different in nature and scope than manual review of individual photos, and the potential impact on privacy is equally fundamentally different. By assessing the SORN development process and taking corrective actions to ensure timely development of future SORNs, the public would have a better understanding of how personal information is being used and protected by DOJ components. As a result, the recommendation remains open and unimplemented.
    Recommendation: To better ensure that face recognition capabilities are being used in accordance with privacy protection laws and policy requirements, the Director of the Federal Bureau of Investigation should conduct audits to determine the extent to which users of NGI-IPS and biometric images specialists in FACE Services are conducting face image searches in accordance with Criminal Justice Information Services Division policy requirements.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open
    Priority recommendation

    Comments: In March 2017, DOJ provided us with the audit plan the CJIS Audit Unit developed in June 2016 for NGI-IPS users. In addition, DOJ reported that the CJIS Audit Unit began assessing NGI-IPS requirements at participating states in conjunction with its triennial National Identity Services audit and that, as of February 2017, the unit had conducted NGI-IPS audits of four states. Further, DOJ officials said CJIS developed an audit plan of the FACE Services Unit to coincide with the existing triennial FBI internal audit for 2018. However, DOJ did not provide the audit plan for the FACE Services Unit. DOJ officials said the methodology would be the same as the audit plan for NGI-IPS, but that methodology does not describe oversight on use of information obtained from external systems accessed by FACE Services employees. Therefore, we believe DOJ is making progress towards meeting the recommendation, but has not fully implemented our recommendation.
    Recommendation: To better ensure that face recognition systems are sufficiently accurate, the Director of the Federal Bureau of Investigation should conduct tests of NGI-IPS to verify that the system is sufficiently accurate for all allowable candidate list sizes, and ensure that the detection and false positive rate used in the tests are identified.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open
    Priority recommendation

    Comments: In comments on our draft report in 2016, and reiterated during recommendation follow-up, as of March 2017, DOJ did not concur with this recommendation. DOJ officials stated that the FBI has performed accuracy testing to validate that the system meets the requirements for the detection rate, which fully satisfies requirements for the investigative lead service provided by NGI-IPS. We disagree with DOJ. A key focus of our recommendation is the need to ensure that NGI-IPS is sufficiently accurate for all allowable candidate list sizes. Although the FBI has tested the detection rate for a candidate list of 50 photos, NGI-IPS users are able to request smaller candidate lists (between 2 and 50 photos). FBI officials stated that they do not know, and have not tested, the detection rate for other candidate list sizes. According to these officials, a smaller candidate list would likely lower the detection rate because a smaller candidate list may not contain a likely match that would be present in a larger candidate list. However, according to the FBI Information Technology Life Cycle Management Directive, testing needs to confirm the system meets all user requirements. Because the accuracy of NGI-IPS's face recognition searches when returning fewer than 50 photos in a candidate list is unknown, the FBI is limited in understanding whether the results are accurate enough to meet NGI-IPS users' needs. DOJ officials also stated that searches of NGI-IPS produce a gallery of likely candidates to be used as investigative leads, not for positive identification. As a result, according to DOJ officials, NGI-IPS cannot produce false positives and there is no false positive rate for the system. We disagree with DOJ. The detection rate and the false positive rate are both necessary to assess the accuracy of a face recognition system. Generally, face recognition systems can be configured to allow for a greater or lesser number of matches. A greater number of matches would generally increase the detection rate, but would also increase the false positive rate. Similarly, a lesser number of matches would decrease the false positive rate, but would also decrease the detection rate. Reporting a detection rate of 86 percent without reporting the accompanying false positive rate presents an incomplete view of the system's accuracy. As a result, the recommendation remains open and unimplemented.
    Recommendation: To better ensure that face recognition systems are sufficiently accurate, the Director of the Federal Bureau of Investigation should conduct an operational review of NGI-IPS at least annually that includes an assessment of the accuracy of face recognition searches to determine if it is meeting federal, state, and local law enforcement needs and take actions, as necessary, to improve the system.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open
    Priority recommendation

    Comments: As of March 2017, FBI officials stated they implemented the recommendation by submitting a paper to solicit feedback from users through the Fall 2016 Advisory Policy Board Process. Specifically, officials said the paper requested feedback on whether the face recognition searches of the NGI-IPS are meeting their needs, and input regarding search accuracy. According to FBI officials, no users expressed concern with any aspect of the NGI-IPS meeting their needs, including accuracy. Although FBI's action of providing working groups with a paper presenting GAO's recommendation is a step, the FBI's actions do not fully meet the recommendation. The FBI's paper was presented as informational, and did not result in any formal responses from users. We disagree with the FBI's conclusion that receiving no responses on the informational paper fulfills the operational review recommendation, which includes determining that NGI-IPS is meeting user's needs. As such, we continue to recommend the FBI conduct an operational review of NGI-IPS at least annually.
    Recommendation: To better ensure that face recognition systems are sufficiently accurate, the Director of the Federal Bureau of Investigation should take steps to determine whether each external face recognition system used by FACE Services is sufficiently accurate for the FBI's use and whether results from those systems should be used to support FBI investigations.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open
    Priority recommendation

    Comments: In comments on our draft report in 2016, and reiterated during recommendation follow-up in 2017, DOJ officials did not concur with this recommendation and had no plans to implement it. DOJ officials stated that the FBI has no authority to set or enforce accuracy standards of face recognition technology operated by external agencies. In addition, DOJ officials stated that the FBI has implemented multiple layers of manual review that mitigate risks associated with the use of automated face recognition technology. Further, DOJ officials stated there is value in searching all available external databases, regardless of their level of accuracy. We disagree with the DOJ position. We continue to believe that the FBI should assess the quality of the data it is using from state and federal partners. We acknowledge that the FBI cannot and should not set accuracy standards for the face recognition systems used by external partners. We also do not dispute that the use of external face recognition systems by the FACE Services Unit could add value to FBI investigations. However, we disagree with FBI's assertion that no assessment of the quality of the data from state and federal partners is necessary. We also disagree with the DOJ assertion that manual review of automated search results is sufficient. Even with a manual review process, the FBI could miss investigative leads if a partner does not have a sufficiently accurate system. By relying on its external partners' face recognition systems, the FBI is using these systems as a component of its routine operations and is therefore responsible for ensuring the systems will help meet FBI's mission, goals and objectives. The recommendation remains open and unimplemented.
    Director: Jacqueline M. Nowicki
    Phone: (617) 788-0580

    1 open recommendations
    Recommendation: The Attorney General of the United States should direct the Department of Justice's Civil Rights Division to systematically track key summary information across its portfolio of open desegregation cases and use this data to inform its monitoring of these cases. Such information could include, for example, dates significant actions were taken or reports received.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurred with this recommendation and believes its procedures for tracking case-related data are adequate. Justice reported in 2016 that it is currently developing an electronic document management system that may allow more case-related information to be stored in electronic format. The agency has already taken substantial steps to increase its case monitoring activities in desegregation cases, and intends to continue those efforts. However, Justice did not provide any details on what these steps are or if these steps are in line with our recommendation. GAO is encouraged that the agency sees a need to increase case monitoring. We will consider closing this recommendation when the agency provides specific information on its systematic tracking of information on open cases and using this information to enhance enforcement.
    Director: David Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The Secretaries of the Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, the Interior, Labor, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General of the United States; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and U.S. Agency for International Development; the Director of the Office of Personnel Management; the Chairman of the Nuclear Regulatory Commission; and the Commissioner of the Social Security Administration should take action to improve progress in the data center optimization areas that we reported as not meeting OMB's established targets, including addressing any identified challenges.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice (Justice) agreed with our recommendation, and has taken initial steps to implement it. In May 2016, Justice stated in correspondence to GAO that it was developing plans to migrate the remaining non-core data centers to the department's three Core Enterprise Facilities (CEFs) and/or commercial cloud services by the end of fiscal year 2019. The department added that, as these migrations occur, its data center footprint and facility utilization should continue to improve and the percentage of servers and operating systems residing in the CEFs should significantly exceed federal data center consolidation targets. Justice also stated that it engaged with external representatives to perform an energy efficiency assessment at its core enterprise facility in Virginia, which resulted in significant improvements at the data center and improved the overall power usage efficiency across the department's core data centers. However, as of July 2017, Justice reported on the Office of Management and Budget's (OMB) IT Dashboard that it does not meet any of the five data optimization metric targets that OMB currently requires agencies to report against (related to server utilization and monitoring, energy metering, server virtualization, data center facility space, and power usage efficiency). We will continue to evaluate the department's progress in implementing this recommendation.
    Director: Jessica Farb
    Phone: (202) 512-6991

    1 open recommendations
    Recommendation: To enhance U.S. agencies' performance monitoring of counter-firearms trafficking activities, the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives should establish and document performance targets for the bureau's key counter-firearms trafficking activities in Belize, Guatemala, and Mexico, as appropriate.

    Agency: Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives
    Status: Open

    Comments: ATF concurred with this recommendation and stated that it plans to implement it. According to ATF officials, ATF has engaged in an overview of performance measures in Mexico and, when applicable, in Guatemala and Belize, and planned to implement a more structured annual system of performance targeting and evaluation for operations in these jurisdictions in fiscal year 2017. As of October 2017, we are continuing to follow up with ATF on its efforts to implement the new performance evaluation system.
    Director: Jennifer Grover
    Phone: (202) 512-7141

    2 open recommendations
    Recommendation: The Attorney General should direct ODAG to document a plan specifying DOJ's process for monitoring the effects of marijuana legalization under state law, in accordance with DOJ's 2013 marijuana enforcement policy guidance, to include the identification of the various data ODAG will use and their potential limitations for monitoring the effects of state marijuana legalization, and how ODAG will use the information sources in its monitoring efforts to help inform decisions on whether state systems are effectively protecting federal marijuana enforcement priorities.

    Agency: Department of Justice
    Status: Open

    Comments: The agency concurred with the recommendation and reported plans to implement it. Subsequent to the agency stating that it has taken action, we plan to verify whether implementation has occurred.
    Recommendation: The Attorney General should direct ODAG to use existing mechanisms to share DOJ's monitoring plan with appropriate officials from DOJ components responsible for providing information DOJ reports using regarding the effects of state legalization to ODAG, obtain feedback, and incorporate the feedback into its plan.

    Agency: Department of Justice
    Status: Open

    Comments: The agency concurred with the recommendation and reported plans to implement it. Subsequent to the agency stating that it has taken action, we plan to verify whether implementation has occurred.
    Director: Rebecca Gambler
    Phone: (202) 512-8777

    1 open recommendations
    Recommendation: To provide reasonable assurance that EOIR's fraud prevention controls are adequate, the Attorney General should direct EOIR to conduct regular fraud risk assessments across asylum claims in the immigration courts.

    Agency: Department of Justice
    Status: Open

    Comments: In April 2017, the Executive Office for Immigration Review (EOIR) reported that it is taking several steps toward implementing this recommendation. First, EOIR undertook a review of all asylum fraud complaints that the office received since 2007. Second, EOIR reported that, beginning in June 2016, it conducted a series of trainings and in-person "listening sessions" to discuss issues related to asylum fraud with immigration judges and court staff. Third, EOIR reported that it is in the process of creating a written assessment for all personnel at immigration courts and the Board of Immigration Appeals to determine the magnitude of asylum fraud issues at each respective location. Fourth, EOIR reported that it is designing a statistical analysis of asylum fraud. On the basis of these actions, EOIR reported that it will subsequently to move to the next phases of the fraud risk assessment, consistent with GAO's Fraud Risk Management Framework. To fully address this recommendation, EOIR should conduct regular fraud risk assessments across asylum claims in immigration courts.
    Director: Linda Kohn
    Phone: (202) 512-7114

    3 open recommendations
    Recommendation: In order to strengthen DEA's communication with and guidance for registrants and associations representing registrants, as well as supporting the Office of Diversion Control's mission of preventing diversion while ensuring an adequate and uninterrupted supply of controlled substances for legitimate medical needs, the Deputy Assistant Administrator for the Office of Diversion Control should identify and implement means of cost-effective, regular communication with distributor, pharmacy, and practitioner registrants, such as through listservs or web-based training.

    Agency: Department of Justice: Drug Enforcement Administration: Operations Division: Office of Diversion Control: Deputy Assistant Administrator for the Office of Diversion Control
    Status: Open

    Comments: As of March 2017, DEA officials reported that the agency was taking steps towards addressing this recommendation. In particular, DEA officials reported that they were in the process of developing a method to deliver information about registrant responsibilities through DEA's registration website, which registrants could access annually when they update their registration. DEA officials also reported that they would consider a method for registrants to subscribe to get email updates when new information is posted to Diversion Control Division website. We plan to continue to monitor the agency's efforts in this area, and this recommendation remains open.
    Recommendation: In order to strengthen DEA's communication with and guidance for registrants and associations representing registrants, as well as supporting the Office of Diversion Control's mission of preventing diversion while ensuring an adequate and uninterrupted supply of controlled substances for legitimate medical needs, the Deputy Assistant Administrator for the Office of Diversion Control should solicit input from distributors, or associations representing distributors, and develop additional guidance for distributors regarding their roles and responsibilities for suspicious orders monitoring and reporting.

    Agency: Department of Justice: Drug Enforcement Administration: Operations Division: Office of Diversion Control: Deputy Assistant Administrator for the Office of Diversion Control
    Status: Open

    Comments: In March 2017, DEA officials reported that the agency had worked with its Suspicious Orders Task Force to develop a draft Suspicious Orders regulation. They reported that the draft regulation was undergoing internal DEA review, but that it was uncertain when the draft regulation would be published in the Federal Register. We plan to continue to monitor the agency's efforts in this area, and this recommendation remains open.
    Recommendation: In order to strengthen DEA's communication with and guidance for registrants and associations representing registrants, as well as supporting the Office of Diversion Control's mission of preventing diversion while ensuring an adequate and uninterrupted supply of controlled substances for legitimate medical needs, the Deputy Assistant Administrator for the Office of Diversion Control should solicit input from pharmacists, or associations representing pharmacies and pharmacists, about updates and additions needed to existing guidance for pharmacists, and revise or issue guidance accordingly.

    Agency: Department of Justice: Drug Enforcement Administration: Operations Division: Office of Diversion Control: Deputy Assistant Administrator for the Office of Diversion Control
    Status: Open

    Comments: In April 2016, DEA reported that it had worked with the National Association of Boards of Pharmacy regarding issues raised during stakeholder discussions, which resulted in a March 2015 consensus document published by stakeholders entitled "Stakeholders' Challenges and Red Flag Warning Signs Related to Prescribing and Dispensing Controlled Substances." Additionally, in December 2016 DEA also described other ways in which the agency had been working with pharmacists or associations representing pharmacists to discuss their responsibilities, such as during regional one-day Pharmacy Diversion Awareness Conferences, and quarterly meetings with two pharmacy associations. In March 2017, DEA officials reported that while an update to the Pharmacist's Manual was still under way, they did not have an estimated completion date. We plan to continue to monitor the agency's efforts in this area, as well, and consequently this recommendation remains open.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    including 2 priority recommendations
    Recommendation: To ensure that the Department of Justice effectively measures its efforts to address incarceration challenges, the Attorney General should explore additional data collection opportunities and modify its Smart on Crime indicators to incorporate key elements of successful performance measurement systems.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: In August 2015, DOJ reported that it has taken steps to obtain new, more granular data elements that it hoped to incorporate into its indicators. However, DOJ also stated that it did not believe that measureable targets were appropriate for its Smart on Crime indicators because prosecutors need to make case by case decisions without regard to targets or concerns for any other incentive. As of October 2016, DOJ had not provided any updates on its progress addressing this recommendation to enhance performance measurement. Until DOJ provides this information, we cannot determine whether its efforts resulted in indicators that incorporate key elements of successful performance measurement systems. In March, 2017, DOJ noted that, due to a change in administration, the consequences of the Smart on Crime initiative are uncertain, and did not provide any further updates on its progress addressing our recommendation.
    Recommendation: To ensure that the Department of Justice effectively measures its efforts to address incarceration challenges, the Attorney General should direct the Office of the Pardon Attorney, in conjunction with the Office of the Deputy Attorney General, to (1) track how long it takes, on average, for commutation of sentence petitions to clear each step in the review process under DOJ's control, and (2) identify and address, to the extent possible, any processes that may contribute to unnecessary delays.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: In August 2015, DOJ reported that tracking the steps of its review would not provide meaningful data because the Department prioritizes those cases for review that appear likely to meet the Clemency Initiative factors announced in April 2014. Nevertheless, DOJ stated that it agreed that identifying and addressing unnecessary delays in the review process is important, and that it has been regularly working to identify and address such delays. As of October 2016, DOJ had not provided any updates on its progress addressing this recommendation to better track and address any unnecessary delays. Until it does so, we cannot determine whether it is meeting the key goal of the new Clemency Initiative--to expeditiously identify and review especially meritorious petitions. In March 2017, DOJ noted that due to the accelerated clemency review process implemented in 2015, it currently has no standard process to evaluate, and did not provide any further updates on its progress in addressing our recommendation.
    Director: Frank Rusco
    Phone: (202) 512-3841

    2 open recommendations
    Recommendation: To help ensure that agencies have sufficient information on the effects of changing circumstances on the performance of their ESPC portfolios, the Secretaries of Defense, Energy, and Veterans Affairs; the Attorney General; and the Administrator of the General Services Administration should establish a process to systematically evaluate their ESPC projects--including baseline assumptions about facilities' energy use, utility prices, and interest rates--to determine how their ESPC portfolios are performing and the extent to which they are achieving expected savings. Agencies could consider conducting such evaluations either after a certain number of years, or in response to events, such as changes in utility prices or market interest rates, or appropriations becoming available that could be used for modifications or terminations.

    Agency: Department of Justice
    Status: Open

    Comments: In comments on a draft of this report, the Department of Justice agreed with the recommendation. As of December 2016, we were working with Department of Justice officials to confirm the status of their actions to implement the recommendation.
    Recommendation: To help ensure that agencies have sufficient information on ESPC performance to oversee whether future and current contracts are achieving their expected savings, the Secretaries of Defense, Energy, and Veterans Affairs; the Attorney General; and the Administrator of the General Services Administration should work with contractors to determine the best way to obtain estimates of cost and energy savings that are not achieved because of agency actions in order to include these estimates in future measurement and verification reports for existing contracts, in accordance with DOE guidance, and where economically feasible.

    Agency: Department of Justice
    Status: Open

    Comments: In comments on a draft of this report, the Department of Justice agreed with the recommendation. As of December 2016, we were working with Department of Justice officials to confirm the status of their actions to implement the recommendation.
    Director: Carol R. Cha
    Phone: (202) 512-4456

    1 open recommendations
    Recommendation: To help the department effectively manage spending on mobile devices and services, the Attorney General should ensure procedures to monitor and control spending are established department-wide. Specifically, ensure that (1) procedures include assessing devices for zero, under, and over usage; (2) personnel with authority and responsibility for performing the procedures are identified; and (3) the specific steps to be taken to perform the process are documented.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice has taken steps to implement this recommendation. Specifically, in response to our findings, the department's Chief Information Officer issued a memo that required components to establish procedures for regular reviews of invoices for wireless services to identify unused and underused devices or services, as well as any over-usage charges to service plans. However, as of August 2017, the department had not demonstrated that its components had implemented the requirements. We will continue to monitor the department's progress.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    Recommendation: To ensure the timely expenditure of VOCA grant funds and thereby limit the carryover of unexpended grant balances, minimize the need for multiple grant extensions, and strengthen OJJDP's capacity to collect and assess grantee performance information, the Assistant Attorney General for OJP should work with the Administrator of OJJDP to conduct a study to examine whether any of its administrative processes contribute to unnecessary delays in grantees' ability to expend VOCA funds within the established 12-month project period and make modifications to these processes as appropriate.

    Agency: Department of Justice: Office of Justice Programs: Office of the Assistant Attorney General
    Status: Open

    Comments: In April 2015, we found that OJJDP had several administrative review and approval processes in place that had contributed to delays in grantees' ability to begin spending their award funds. For instance, grantees could not access their funds until OJJDP had completed its internal review of grantees' budgets--a step that had taken more than 2 months, on average, after the grantees' project period had begun. We recommended that OJP examine its processes and, if appropriate, make modifications to prevent unnecessary delays in grantees' ability to expend VOCA funds within the established project period. In March 2017, OJP reported that its Office of Audit, Assessment and Management (OAAM), worked with OJJDP to complete an assessment to determine the impact of administrative processes on VOCA awards. Focusing on VOCA grants awarded in fiscal years 2010 through 2015, OAAM assessed a number of factors, including (1) the average timeframe for approval of budget reviews; (2) the average timeframe for approval of conference cost requests, and (3) the number of no-cost extensions granted. OJP reported that OAAM continues to work with OJJDP to review documentation to support implementation of process improvements to address the issues the assessment identified. OAAM anticipates issuing a report by March 31, 2017 to OJP's Acting Assistant Attorney General to summarize the results of the assessment and provide updates on the process improvements OJJDP has begun to implement. Examining the delays associated with its administrative review processes and making modifications as necessary will help OJP ensure the effective administration and timely use of grant funds.
    Recommendation: To ensure the timely expenditure of VOCA grant funds and thereby limit the carryover of unexpended grant balances, minimize the need for multiple grant extensions, and strengthen OJJDP's capacity to collect and assess grantee performance information, the Assistant Attorney General for OJP should work with the Administrator of OJJDP to, considering the results of this study, examine whether the current 12-month project period is realistic in light of any administrative processes that cause delay but cannot be modified and extend the project period if necessary.

    Agency: Department of Justice: Office of Justice Programs: Office of the Assistant Attorney General
    Status: Open

    Comments: In April 2015, we found that VOCA grant activities were not being completed within the time parameters OJJDP established for the grant program, and that this may affect the ability of grantees to complete their grant goals and objectives. Specifically, we found that for the 28 VOCA grants that OJJDP awarded from fiscal years 2010 through 2013, grantees had expended less than 20 percent, on average, of each grant they received during the original 12-month project period. In particular, we found that OJJDP's processes for reviewing grantees' budgets and conference planning requests were contributing to delays in grantees' ability to begin spending their funds. We recommended that OJP examine whether 12 months is an appropriate project period length to ensure that VOCA grantees are well positioned to fully expend their grant funds. In March 2017, OJP reported that its Office of Audit, Assessment and Management (OAAM), worked with OJJDP to complete an assessment to determine the impact of administrative processes on VOCA awards. Focusing on VOCA grants awarded in fiscal years 2010 through 2015, OAAM assessed a number of factors, including (1) the average timeframe for approval of budget reviews; (2) the average timeframe for approval of conference cost requests, and (3) the number of no-cost extensions granted. OJP reported that OAAM continues to work with OJJDP to review documentation to support implementation of process improvements to address the issues the assessment identified. OAAM anticipates issuing a report by March 31, 2017 to OJP's Acting Assistant Attorney General to summarize the results of the assessment and provide updates on the process improvements OJJDP has begun to implement. Once OJJDP examines its administrative delays, makes any necessary changes, and reviews the original project period length, OJP will be better positioned to ensure that grantees have an appropriate period in which to expend VOCA grant awards.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    3 open recommendations
    Recommendation: To help ensure the efficient use of resources for the Three Percent Fund, the Attorney General should develop a policy and implement procedures to regularly analyze unobligated balances and develop collection estimates in order to determine an appropriate reserve amount and inform estimates of future funding needs.

    Agency: Department of Justice
    Status: Open

    Comments: In February 2015, we found that the Department of Justice (DOJ) Collection Resource Allocation Board (CRAB) had taken steps to manage the Three Percent Fund, but it had not conducted analyses that would help DOJ better manage the fund, such as developing reserve estimates aligned with DOJ priorities or projecting future collections. GAO has identified leading practices among federal agencies when evaluating balances in federal accounts. Such practices emphasize the importance of regularly analyzing balances by, for example, estimating collections and determining reserve needs. Doing so helps agencies more effectively anticipate program needs and ensure the most efficient use of resources. As a result, we recommended that DOJ develop a policy and implement procedures to regularly analyze unobligated balances collection estimates in the Three Percent Fund. DOJ partially concurred with this recommendation. In response, DOJ provided us with a policy it began implementing in January 2016 to help them analyze the Three Percent Fund's unobligated balance and develop an appropriate reserve amount. For example, DOJ's policy for developing the reserve estimate now relies on more robust requests for information of DOJ debt collection activities, including government personnel, contract support, and automated litigation service requirements. By developing and implementing this policy, DOJ is better positioned to ensure the continuity of operations funded through the Three Percent Fund and to make future resource allocations. However, DOJ stated in its response to the report that it does not believe it is appropriate to estimate incoming collections for the following year. For example, DOJ does not ask litigating components for the number of cases that will be settled because the agency does not want to be perceived as inappropriately encouraging larger government civil collections. Additionally, DOJ does not calculate such estimates due to the high level of variability in the civil debt litigation cases that make it difficult to use historical information to estimate reserves. We noted in our report DOJ's concerns for developing collection estimates. However, we continue to believe that developing a policy for considering collection estimates is important. The Three Percent Fund is self-sustaining and does not receive annual appropriations. Therefore, any volatility should be managed with the best information and estimates the department can provide. Without developing collection estimates, DOJ is at risk of committing too much or too few budgetary resources from the Three Percent Fund. A lack of such a policy may lead to Three Percent balances either falling too low to efficiently manage operations or rise to unnecessarily high levels. As we have previously reported, one method DOJ could consider instead of a specific dollar estimate is to develop a range between the potential lowest and highest collection amounts based on historical trends and current collection activities. By estimating future collections, DOJ could better ensure it is able to efficiently fund as many programs as possible and best support the fund's priorities. Therefore, we consider this recommendation only partially implemented and will keep it open until DOJ develops collection estimates to aid managing the Three Percent Fund.
    Recommendation: To improve transparency and ensure the effective use of automation fees for the CJIS fingerprint checks fees, the Director of the Federal Bureau of Investigation should publish in the Federal Register, or other documents such as annual reports, how much is assessed for automation and cost recovery in each transaction to better communicate the cost of the service to customers and stakeholders.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

    Comments: In fiscal year 2015, we found that the Federal Bureau of Investigation (FBI) sets its Criminal Justice Information Services (CJIS) fingerprint checks fees to collect two parts--the cost recovery portion and the automation portion, but does not provide transparency in how much is assessed for each portion of the fee. As a result, we recommended that FBI publish in the Federal Register, or other documents such as annual reports, how much is assessed for automation and cost recovery in each transaction to better communicate the cost of the service to customers and stakeholders. In July 2016, FBI published a notice in the Federal Register announcing a CJIS fingerprint checks fees rate change effective on October 1, 2016. However, the notice did not include an explanation of how much is assessed for the cost recovery or the automation portion of the fee. According to a Department of Justice (DOJ) liaison, FBI included a breakout of the revised rates in its CJIS Information Letter, which services as written notification of a rate change to state and federal stakeholders. GAO requested a copy of the CJIS Information Letter, but as of February 2017, DOJ has not provided the letter. Further, while the CJIS Information Letter might provide transparency to stakeholders on how much FBI assesses for each portion of the fee, FBI has not relayed how it intends to be transparent with customers. To fully address this recommendation, FBI needs to demonstrate that it is being transparent with stakeholders and with customers. Until it does so, this recommendation will remain open.
    Recommendation: To improve transparency and ensure the effective use of automation fees for the CJIS fingerprint checks fees, the Director of the Federal Bureau of Investigation should develop a policy to analyze the unobligated balances coming from the automation portion of the fee to inform program needs, including improving methods for anticipating automation collections, and establishing a range of appropriate carryover amounts to support program needs.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

    Comments: In fiscal year 2015, we found that the Federal Bureau of Investigation (FBI) had a growing unobligated balance from the automation portion of its Criminal Justice Information Services (CJIS) fingerprint checks fees but did not evaluate the appropriate range of its carryover amounts, nor had it developed a policy to do so. As a result, we recommended that FBI develop a policy to analyze the unobligated balances coming from the automation portion of the fee to inform program needs, including improving methods for anticipating automation collections, and establishing a range of appropriate carryover amounts to support program needs. In September 2016, the Department of Justice (DOJ) reported that FBI is taking steps to develop and implement a multi-year investment plan that will be reviewed and updated annually, and that will address key questions from the GAO report titled "Budget Issues: Key Questions to Consider When Evaluating Balances in Federal Accounts." Additionally, the multi-year investment plan will include both an annual analysis of current and projected revenue from the automation portion of the fee, and the evaluation of the resource requirements needed to support the development of technological enhancement of fingerprint identification and criminal justice services. According to DOJ officials, the 2017 plan will be the first to include this information; however GAO has not yet received a copy of the 2017 plan. We will continue to monitor FBI's progress on this recommendation.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    Recommendation: To improve disposition reporting that would help states update and complete criminal history records, the Director of the FBI should task the FBI Advisory Policy Board to establish a plan with time frames and milestones for achieving its Disposition Task Force's stated goals.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To better equip states to meet the regulatory requirement to notify individuals of their rights to challenge and update information in their criminal history records, and to ensure that audit findings are resolved, the Director of the FBI--in coordination with the Compact Council-- should determine why states do not comply with the requirement to notify applicants and use this information to revise its state educational programs accordingly.

    Agency: Department of Justice: Federal Bureau of Investigation
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Marie A. Mak
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To ensure a consistent and more collaborative approach to the protection of critical technologies, the Secretaries of Commerce, Defense, Homeland Security, State, and the Treasury; as well as the Attorney General of the United States, who have lead and stakeholder responsibilities for the eight programs within the critical technologies portfolio, should take steps to promote and strengthen collaboration mechanisms among their respective programs while ongoing initiatives are implemented and assessed. These steps need not be onerous; for example, they could include conducting an annual meeting to discuss their programs, including the technologies they are protecting, their programs' intent, any new developments or changes planned for their programs, as well as defining consistent critical technologies terminology and sharing important updates.

    Agency: Department of Justice: Office of the Attorney General
    Status: Open

    Comments: In August 2016, the agency identified coordination actions being taken across the agencies with export control responsibilities--including through the Export Control Enforcement Center--and through the Committee on Foreign Investment in the United States. However, it is not clear how, or if, these coordination efforts are tied to the larger, government-wide portfolio of critical technologies programs. As of Sept. 2017, Justice has no additional updates.
    Director: Marcia Crosse
    Phone: (202) 512-7114

    2 open recommendations
    Recommendation: To ensure that DEA is best positioned to administer the quota process to ensure an adequate and uninterrupted supply of controlled substances for legitimate medical use and respond to shortages of drugs containing controlled substances, the Administrator of DEA should expeditiously establish formal policies and procedures to facilitate coordination with FDA as directed by the Food and Drug Administration Safety and Innovation Act, including a specific time frame in which DEA will be expected to respond to FDA requests to expedite shortage-related quota applications.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In June 2016, DEA stated that the agency had met with FDA to determine the specific procedures by which information regarding drug shortages will be exchanged pursuant to the Food and Drug Administration Safety and Innovation Act. DEA stated it will include these procedures in the work plan being created in response to the updated memorandum of understanding signed by FDA and DEA in March 2015. DEA officials also said that they plan to include in the work plan time frames for which DEA will be expected to respond to FDA requests to expedite shortage-related quota applications. GAO is continuing to monitor the status of this recommendation.
    Recommendation: To strengthen DEA's and FDA's ability to respond to shortages of drugs containing controlled substances, the Administrator of DEA and the Commissioner of FDA should, either in the MOU or in a separate agreement, specifically outline what information the agencies will share, and time frames for sharing such information, in response to a potential or existing drug shortage.

    Agency: Department of Justice: Drug Enforcement Administration
    Status: Open

    Comments: In March 2015, DEA and FDA updated the MOU to establish procedures regarding the exchange of proprietary and other sensitive information between the two agencies. The MOU calls for the development of separate plans to specify what information is to be shared and who it is to be shared with. Since establishing the MOU, DEA said that it had met with FDA to determine the specific procedures for sharing information about drug shortages and a draft work plan has been circulated between the two agencies for comment. GAO is continuing to monitor the status of this recommendation.
    Director: Maurer, Diana C
    Phone: (202) 512-8777

    8 open recommendations
    including 8 priority recommendations
    Recommendation: To better ensure that FBI whistleblowers have access to recourse under DOJ's regulations should the individuals experience retaliation, and to minimize the possibility of discouraging future potential whistleblowers, the Attorney General should clarify in all current relevant DOJ guidance and communications, including FBI guidance and communications, to whom FBI employees may make protected disclosures and, further, explicitly state that employees will not have access to recourse if they experience retaliation for reporting alleged wrongdoing to someone not designated in DOJ's regulations.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To ensure that complainants receive the periodic updates that they are entitled to and need to determine next steps for their complaint, such as whether or not to seek corrective action from OARM, Counsel, DOJ-OPR should tailor its new case management system or otherwise develop an oversight mechanism to capture information on the office's compliance with regulatory requirements and, further, use that information to monitor and identify opportunities to improve DOJ-OPR's compliance with regulatory requirements.

    Agency: Department of Justice: Office of Professional Responsibility
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, Office of Attorney Recruitment and Management (OARM) and Office of the Deputy Attorney General (ODAG) should provide parties with an estimated time frame for returning each decision, including whether the complaint meets threshold regulatory requirements, merits, and appeals. If the time frame shifts, OARM and ODAG should timely communicate a revised estimate to the parties.

    Agency: Department of Justice: Office of the Deputy Attorney General
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, Office of Attorney Recruitment and Management (OARM) and Office of the Deputy Attorney General (ODAG) should provide parties with an estimated time frame for returning each decision, including whether the complaint meets threshold regulatory requirements, merits, and appeals. If the time frame shifts, OARM and ODAG should timely communicate a revised estimate to the parties.

    Agency: Department of Justice: Justice Management Division: Human Resources and Administration: Office of Attorney Recruitment and Management
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, DOJ Office of Professional Responsibility (DOJ-OPR), Office of the Inspector General, OARM, and ODAG should jointly assess the impact of ongoing and planned efforts to reduce the duration of FBI whistleblower retaliation complaints throughout the entire investigation, adjudication, and appeal process to ensure that these changes are in fact shortening total complaint length, without sacrificing quality.

    Agency: Department of Justice: Office of the Deputy Attorney General
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, DOJ Office of Professional Responsibility (DOJ-OPR), Office of the Inspector General, OARM, and ODAG should jointly assess the impact of ongoing and planned efforts to reduce the duration of FBI whistleblower retaliation complaints throughout the entire investigation, adjudication, and appeal process to ensure that these changes are in fact shortening total complaint length, without sacrificing quality.

    Agency: Department of Justice: Justice Management Division: Human Resources and Administration: Office of Attorney Recruitment and Management
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, DOJ Office of Professional Responsibility (DOJ-OPR), Office of the Inspector General, OARM, and ODAG should jointly assess the impact of ongoing and planned efforts to reduce the duration of FBI whistleblower retaliation complaints throughout the entire investigation, adjudication, and appeal process to ensure that these changes are in fact shortening total complaint length, without sacrificing quality.

    Agency: Department of Justice: Office of Professional Responsibility
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, the Department of Justice (DOJ) has not responded to GAO requests for information on any efforts DOJ has taken to address this recommendation.
    Recommendation: To better ensure that DOJ is fulfilling its commitment to improving efficiency in handling these complaints, DOJ Office of Professional Responsibility (DOJ-OPR), Office of the Inspector General, OARM, and ODAG should jointly assess the impact of ongoing and planned efforts to reduce the duration of FBI whistleblower retaliation complaints throughout the entire investigation, adjudication, and appeal process to ensure that these changes are in fact shortening total complaint length, without sacrificing quality.

    Agency: Department of Justice: Office of Inspector General
    Status: Open
    Priority recommendation

    Comments: As of March 1, 2017, GAO has not received information from the Department of Justice about any steps taken to address this recommendation.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    1 open recommendations
    Recommendation: To better address obstacles that occur during the activation process and to help ensure that institutions are activated within estimated timeframes, including those institutions that do not currently have inmates, such as Administrative USP Thomson and USP Yazoo City, the Director of the Bureau of Prisons should develop and implement an activation schedule that incorporates the four characteristics of scheduling best practices.

    Agency: Department of Justice: Bureau of Prisons
    Status: Open

    Comments: On November 25, 2014, DOJ provided a written response to GAO-14-709 that stated that BOP was in the process of developing a new activation handbook and comprehensive schedule and that BOP would establish a multi-disciplinary working group of BOP subject-matter experts to work on this project. On June 3, 2015, BOP reported that it had assembled a multidisciplinary workgroup as planned, and based on BOP's March 16, 2016 status update, the workgroup's efforts were ongoing at the time. On September 20, 2016, BOP provided the schedule to us, as part of its newly developed activation handbook. While the Activation Handbook's schedule addresses in detail what needs to be done and who should do the work, it is not fully inclusive of the best practices related to scheduling that we outlined in our report. To fully address this recommendation, BOP would need to fully incorporate best practices. This includes creating a baseline schedule that incorporates all of the tasks identified in the responsibility matrix, determining the duration for each effort, and incorporating the appropriate predecessor and successor logic. Per scheduling best practices, BOP would also need to determine which activities make up the critical path and develop procedures for conducting a schedule risk analysis, ensuring that the schedule can be traced both horizontally and vertically, and that mechanisms are in place for maintaining the baseline schedule and an updated schedule as projects progress.
    Director: Carol R. Cha
    Phone: (202) 512-4456

    6 open recommendations
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should develop an agency-wide comprehensive policy for the management of software licenses that addresses the weaknesses we identified.

    Agency: Department of Justice
    Status: Open

    Comments: In its June 2015 statement of actions to address our recommendations, the Department of Justice reported that it was pursuing a number of initiatives focused on improving Software License management. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should employ a centralized software license management approach that is coordinated and integrated with key personnel for the majority of agency software license spending and/or enterprise-wide licenses.

    Agency: Department of Justice
    Status: Open

    Comments: The Department reported in June 2015 that it has taken initial steps to address our recommendations. For example, it reported using technology tools to pull software data being used within the infrastructure and to identify what software is not being used. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should establish a comprehensive inventory of software licenses using automated tools for the majority of agency software license spending and/or enterprise-wide licenses.

    Agency: Department of Justice
    Status: Open

    Comments: The Department in June 2015 reported that it has initiated steps to establish a comprehensive inventory of software licenses by using automated tools. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should regularly track and maintain a comprehensive inventory of software licenses using automated tools and metrics.

    Agency: Department of Justice
    Status: Open

    Comments: The Department has taken initial steps to regularly track and maintain a comprehensive inventory of software licenses. For example, the Department reported in June 2015, that it is managing a comprehensive inventory for major suppliers and exploring enterprise agreements with key suppliers to ensure compliance. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should analyze agency-wide software license data, such as costs, benefits, usage, and trending data, to identify opportunities to reduce costs and better inform investment decision making.

    Agency: Department of Justice
    Status: Open

    Comments: The Department reported in June 2015 that it has taken initial steps to analyze agency-wide software license data by providing better governance of software utilization to derive cost savings and by developing Enterprise License Agreements to achieve savings from processes across the components. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Justice should provide software license management training to appropriate agency personnel addressing contract terms and conditions, negotiations, laws and regulations, acquisition, security planning, and configuration management.

    Agency: Department of Justice
    Status: Open

    Comments: The Department reported in June 2015 that it has taken initial steps to provide training to appropriate agency personnel. For example, in the department's Vendor Management Calls they provide training on processes and the use of tools, including contract terms, negotiations, laws and regulations, acquisition, security planning and configuration management. We contacted the department in July 2017 and are awaiting a response on the current status of efforts to implement this recommendation. We will continue to evaluate the agency's progress in implementing this recommendation.
    Director: Gregory C.Wilshusen
    Phone: (202) 512-6244

    4 open recommendations
    Recommendation: To improve the effectiveness of cyber incident response activities, the Attorney General of the United States should revise policies for incident response by including requirements for defining the incident response team's level of authority, and prioritizing the severity ratings of incidents for unclassified systems, based on impact.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurred with the recommendation and as of April 2017 has not yet provided sufficient evidence that it has implemented the recommendation.
    Recommendation: To improve the effectiveness of cyber incident response activities, the Attorney General of the United States should revise the department's incident response plan to include quantifiable metrics for measuring the incident response capability and its effectiveness.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurred with the recommendation and as of April 2017 has not yet provided sufficient evidence that it has implemented the recommendation.
    Recommendation: To improve the effectiveness of cyber incident response activities, the Attorney General of the United States should develop incident response procedures that provide instructions for prioritizing the handling of incidents by impact.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurred with the recommendation and as of April 2017 has not yet provided sufficient evidence that it has implemented the recommendation.
    Recommendation: To improve the effectiveness of cyber incident response activities, the Attorney General of the United States should ensure that all components test their incident response capability.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice concurred with the recommendation and as of April 2017 has not yet provided sufficient evidence that it has implemented the recommendation.
    Director: Dinapoli, Timothy J
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To improve civilian IC elements' or their respective departments' ability to mitigate risks associated with the use of contractors, the Director of National Intelligence, Director of the Central Intelligence Agency, Attorney General of the United States, and Secretaries of Energy and the Treasury should direct responsible agency officials to set time frames to develop guidance that fully addresses the Office of Federal Procurement Policy, Policy Letter 11-01's requirements related to closely supporting inherently governmental functions.

    Agency: Department of Justice
    Status: Open

    Comments: In its letter to OMB and the Congress, the agency concurred with this recommendation but has not yet taken the actions necessary to implement it.
    Director: Powner, David A
    Phone: (202)512-9286

    2 open recommendations
    Recommendation: To improve the department's implementation of PortfolioStat, the Attorney General should direct the CIO to reflect 100 percent of information technology investments in the department's enterprise architecture.

    Agency: Department of Justice
    Status: Open

    Comments: In its December 2013 response to this recommendation, the Department of Justice stated that it had updated its enterprise architecture to include 100 percent of the information technology investments. However, it did not provide evidence of this action.We will follow up with the department to obtain supporting documentation.
    Recommendation: To improve the department's implementation of PortfolioStat, in future reporting to OMB, the Attorney General should direct the CIO to fully describe the following PortfolioStat action plan element: establish targets for commodity IT spending reductions and deadlines for meeting those targets.

    Agency: Department of Justice
    Status: Open

    Comments: In its December 2013 response to this recommendation, the Department of Justice (DOJ) stated that its Email and Collaboration Working Group established consolidation targets, and began Phase One of its email consolidation effort. In addition, DOJ provided information on the status of its efforts to establish additional targets. We are reviewing the information provided, as well as DOJ's reporting to OMB, to determine the extent to which this recommendation has been addressed.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    2 open recommendations
    including 2 priority recommendations
    Recommendation: To promote coordination as a practice to help avoid overlap, the Secretary of Homeland Security, the Attorney General, and the Director of ONDCP should work through the Information Sharing and Access Interagency Policy Committee (ISA IPC) or otherwise collaborate to develop a mechanism, such as performance metrics related to coordination, that will allow them to hold field-based information-sharing entities accountable for coordinating with each other and monitor and evaluate the coordination results achieved.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: The Department of Justice (DOJ), in coordination with the Department of Homeland Security (DHS) and the Office of National Drug Control Policy (ONDCP), has made progress toward addressing GAO's April 2013 recommendation but has not included all of the relevant field-based information sharing entities in its efforts. Through their involvement in an interagency policy committee within the Executive Office of the President, DHS, DOJ, and ONDCP have developed a mechanism to hold state and urban area fusion centers, Regional Information Sharing System (RISS) centers, and High Intensity Drug Trafficking Area (HIDTA) Investigative Support Centers accountable for coordinating their analytical and investigative activities. However, the agencies have not fully addressed the action because DOJ's Federal Bureau of Investigation's (FBI) Joint Terrorism Task Forces (JTTF) and Field Intelligence Groups (FIG), two of the five field-based entities included in GAO's April 2013 report, have not participated in the assessment on which the mechanism is based. In December 2015, DHS developed a field-based partners report in which DHS, DOJ and ONDCP reported data for state and urban area fusion centers, RISS centers, and HIDTA Investigative Support Centers. These data were focused on field-based collaboration, including governance, colocation, and other information sharing, analytic, and deconfliction-focused topics. However, the report did not include data for DOJ's JTTFs or FIGs. DOJ has noted that JTTFs and FIGs are different from the other entities because JTTFs are operational law enforcement investigative entities and FIGs provide intelligence support to FBI Field Offices. However, GAO's April 2013 report identified areas in which the missions and activities of JTTFs and FIGs overlapped with those of the other entities and that coordination with other field based entities was important to prevent unnecessary overlap and potential duplication. Considering the exclusion of two of the five entities, the agencies do not have a collective mechanism that can hold FIGS and JTTFs accountable for coordinating with the other field-based information sharing entities and allow the agencies to monitor progress and evaluate results across entities. Such a mechanism can help entities maintain effective relationships when new leadership is assigned and avoid unnecessary overlap in activities, which in turn can help entities to leverage scarce resources. As of March 2017, DOJ had provided no new updates. GAO will continue to monitor DOJ's progress in this area.
    Recommendation: To help identify where agencies and the field-based entities they support could apply coordination mechanisms to enhance information sharing and reduce inefficiencies resulting from overlap, the Secretary of Homeland Security, the Attorney General, and the Director of ONDCP should work through the ISA IPC or otherwise collaborate to identify characteristics of entities and assess specific geographic areas in which practices that could enhance coordination and reduce unnecessary overlap, such as cross-entity participation on governance boards and colocation of entities, could be further applied. The results of this assessment could be used by the agencies to provide recommendations or guidance to the entities to create coordinated governance boards or colocate entities, which can result in increased efficiencies through shared facilities and resources and reduced overlap through coordinated or collaborative products, activities, and services.

    Agency: Department of Justice
    Status: Open
    Priority recommendation

    Comments: The Department of Justice (DOJ), in coordination with the Department of Homeland Security (DHS) and the Office of National Drug Control Policy (ONDCP), has made progress toward addressing GAO's April 2013 recommendation but has not included all of the relevant field-based information sharing entities in its efforts. The three agencies have taken the necessary steps to assess the extent to which practices that can enhance coordination are being implemented at state and urban area fusion centers, Regional Information Sharing System (RISS) centers, and High Intensity Drug Trafficking Area (HIDTA) Investigative Support Centers through their involvement in an interagency policy committee within the Executive Office of the President. However, the assessment did not include DOJ's Federal Bureau of Investigation's (FBI) Joint Terrorism Task Forces (JTTF) or Field Intelligence Groups (FIG), two of the five field-based entities included in GAO's April 2013 report. In December 2015, DHS, DOJ, and ONDCP developed a field-based partners report in which DOJ and ONDCP collected and reported data elements for RISS centers and HIDTA Investigative Support Centers similar to those DHS uses in its annual fusion center assessment. These data were focused on field-based collaboration, including governance, colocation, and other information sharing, analytic, and deconfliction-focused topics. However, the report did not include data for DOJ's FBI JTTFs or FIGs. A collaborative assessment of where practices that enhance coordination can be applied to reduce overlap, collaborate, and leverage resources for all five field-based information-sharing entities would allow the agencies to provide recommendations or guidance to the entities on implementing these practices. As of March 2017, DOJ had provided no new updates. GAO will continue to monitor DOJ's progress in this area.
    Director: Cha, Carol
    Phone: (202) 512-3000

    2 open recommendations
    Recommendation: To enhance federal agencies' ability to realize enterprise architecture benefits, the Secretaries of the Departments of Agriculture, the Air Force, the Army, Commerce, Defense, Education, Energy, Homeland Security, the Interior, Labor, the Navy, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration; the Commissioners of the Nuclear Regulatory Commission and Social Security Administration; and the Directors of the National Science Foundation and the Office of Personnel Management should fully establish an approach for measuring enterprise architecture outcomes, including a documented method (i.e., steps to be followed) and metrics that are measurable, meaningful, repeatable, consistent, actionable, and aligned with the agency's enterprise architecture's strategic goals and intended purpose.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice has not taken sufficient steps to implement our recommendation. In June 2014, the department established metrics associated with the department's enterprise architecture (e.g., cost savings/avoidance gained through consolidated systems). However, as of August 2017, the department had not provided evidence that it had documented a method for measuring the metrics, or that it plans to do so. We will continue to monitor the department's efforts to implement the recommendation.
    Recommendation: To enhance federal agencies' ability to realize enterprise architecture benefits, the Secretaries of the Departments of Agriculture, the Air Force, the Army, Commerce, Defense, Education, Energy, Homeland Security, the Interior, Labor, the Navy, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration; the Commissioners of the Nuclear Regulatory Commission and Social Security Administration; and the Directors of the National Science Foundation and the Office of Personnel Management should periodically measure and report enterprise architecture outcomes and benefits to top agency officials (i.e., executives with authority to commit resources or make changes to the program) and to OMB.

    Agency: Department of Justice
    Status: Open

    Comments: The Department of Justice has not sufficiently implemented our recommendation. Although the department reported cost savings through use of its enterprise architecture, as of August 2017, it has not provided documentation to support that the cost savings have been reliably measured.
    Director: Martin, Belva M
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To better inform management and resource allocation decisions, effectively manage limited export control enforcement resources, and improve the license determination process, the Secretary of Homeland Security and the Attorney General, as they implement efforts to track resources expended on export control enforcement activities, should use such data to make resource allocation decisions.

    Agency: Department of Justice
    Status: Open

    Comments: DOJ had identified plans to make continual improvements to the investigative and prosecutorial data to allow better tracking and refined resource allocation decisions going forward. However, we have not been able to obtain status information from Justice despite our attempts.
    Director: Goldstein, Mark L
    Phone: (202)512-6670

    1 open recommendations
    Recommendation: The Secretary of Homeland Security and Attorney General should instruct the Director of FPS, and the Director of the Marshals Service, respectively, to jointly lead an effort, in consultation and agreement with the judiciary and GSA, to update the MOA on courthouse security to address the challenges discussed in this report. Specifically, in this update to the MOA stakeholders should: (1) clarify federal stakeholders' roles and responsibilities including, but not limited to, the conditions under which stakeholders may assume each other's responsibilities and whether such agreements should be documented; and define GSA's responsibilities and determine whether GSA should be included as a signatory to the updated MOA; (2) outline how they will ensure greater participation of relevant stakeholders in court or facility security committees; and (3) specify how they will complete required risk assessments for courthouses, referred to by the Marshals Service as court security facility surveys and by FPS as facility security assessments (FSA), and ensure that the results of those assessments are shared with relevant stakeholders, as appropriate.

    Agency: Department of Justice
    Status: Open

    Comments: As of April 2017, The Federal Protective Service, U.S. Marshals Service, Administrative Office of the U.S. Courts, and General Services Administration were working to update the memorandum of agreement on courthouse security. An updated memorandum has been drafted, but it has yet to be signed by all parties. Consequently, resolution of this recommendation is pending until further action is taken.