Law Enforcement: Federal Agencies Should Improve Reporting and Review of Less-Lethal Force
Fast Facts
Federal agencies deployed law enforcement and other personnel during protests following George Floyd's death. Many used less-lethal force—tactics and weapons that are not intended to cause death or serious injury, such as tear gas and rubber bullets.
We examined, among other things, how 10 agencies reviewed their use of this force in Washington, D.C., and Portland, OR.
- 8 used less-lethal force
- Use-of-force reports often didn't include basic information such as the circumstances of use
- Agencies mostly found that force was used properly, but some didn't document whether policy was followed
Our 10 recommendations address these and other issues.
Federal personnel deployed to a demonstration in Washington, D.C.
Highlights
What GAO Found
Less-lethal force includes tactics and weapons that are neither likely nor intended to cause death or serious injury such as physical tactics, batons, chemical spray and munitions (e.g., pepper spray and tear gas), and kinetic impact munitions (e.g., rubber bullets). Most of the 10 federal agencies that GAO reviewed have less-lethal force policies that apply to demonstrations. All 10 agencies provide their personnel with less-lethal force training that varied by the agencies' mission. The agencies reported that they equip their personnel on various types of less-lethal force. Further, all 10 agencies have policies and training related to ensuring that their use of less-lethal force minimizes unintended injuries.
Examples of Less-Lethal Force
The Bureau of Prisons (BOP) is the only agency without a less-lethal force policy that applies to demonstrations. Its policy focuses exclusively on inmates in federal institutions. However, in recent years, BOP deployments beyond its institutions have occurred more often in response to civil disturbances and natural disasters. Updating its policy to address such situations will help ensure that their policy addresses all potential use of force situations facing its personnel.
As shown in the photographs below, federal personnel responded to the demonstrations in Washington, D.C., and Portland, Oregon.
Federal Personnel in Washington, D.C. (left), and Portland, Oregon (right)
Eight of the 10 agencies used less-lethal force during the selected deployments. For those eight agencies, reporting requirements varied and reports often did not include basic information.
- Reporting requirements varied among agencies within the Departments of Homeland Security (DHS) and Justice (DOJ). This variance impairs departmental oversight. For example, while some agencies require personnel to report their use of a baton in all cases, others in the same department required doing so only if there were serious injury.
- Most agencies' less-lethal force reporting was missing information that would be useful for determining if the force was applied in accordance with agency policy. Specifically, reports from six agencies— Federal Protective Service, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE), U.S. Secret Service (USSS), U.S. Marshals Service (USMS), and U.S. Park Police (USPP)—were missing basic information, such as time, location, type of munition used, or circumstances surrounding the use of force. For example, some reports provided a high-level summary of the day but did not identify which officers used force or the types of force each officer used. Further, DHS's oversight over the quality and consistency of use of force reporting was impaired because the department has not established a body to monitor use of force reporting across all of its component agencies, as required by DHS policy.
All 10 agencies had processes to determine if less-lethal force was applied in accordance with agency policy, but some of the eight agencies that reported using less-lethal force during selected deployments did not explicitly document their determinations. Specifically,
- USMS, ICE, and USSS did not document if force was used in accordance with policy. Documenting such reviews will help ensure that they review all reportable uses of less-lethal force.
- The remaining five agencies that did document less-lethal force determinations—Federal Protective Service, U.S. Customs and Border Protection; BOP; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and USPP—found that nearly all of their incidents were in accordance with policy. The remaining incidents were referred to the relevant Offices of the Inspector General or were pending further administrative actions as of July 2021.
Demonstrators in Washington, D.C. (left), and Portland, Oregon (right)
Several federal agencies deployed personnel to Washington, D.C., and Portland, Oregon, in response to the demonstrations.
- Washington, D.C. At least 12 federal agencies deployed, collectively, up to about 9,300 personnel per day in response to the demonstrations from May 26, 2020, through June 15, 2020. Of these, six agencies reported a total of over 120 less-lethal force incidents during this period, including physical tactics, batons, chemical spray, and chemical and kinetic impact munitions. Three of these agencies (BOP, USPP, and USSS) reported using force as part of the effort to clear Lafayette Square on June 1, 2020.
- Portland, Oregon. At least five federal agencies deployed, collectively, up to about 325 personnel per day in response to the demonstrations from June 26, 2020, through September 30, 2020. Four agencies reported a total of over 700 less-lethal force incidents during this period, including batons, chemical spray, chemical and kinetic impact munitions, diversionary devices, and electronic control devices.
Why GAO Did This Study
Federal agencies deployed personnel and used less lethal force during demonstrations in response to the death of Mr. George Floyd and others. Two of the largest deployments were in Washington, D.C., and Portland, Oregon.
This report examines the extent to which federal agencies (1) developed policies, procedures, and training on the use of less-lethal force during demonstrations; (2) reported their use of such force during deployments to Washington, D.C., and Portland, Oregon; and (3) took action to review their use of less-lethal force for these deployments. GAO also presents information on the federal roles and activities during these deployments.
To address these objectives, GAO identified 10 federal agencies that used less-lethal force or deployed large numbers of personnel in Washington, D.C., and Portland, Oregon, from May through September 2020. Specifically, GAO identified four agencies within DHS, four agencies within DOJ, the U.S. Park Police within the Interior, and the National Guard within the Department of Defense. GAO reviewed agency guidance on less-lethal force; analyzed use of force reports and determinations on whether the force was used in accordance with policy; and interviewed agency officials.
Recommendations
GAO is making 10 recommendations, including that:
- BOP update its use of force policy to include demonstrations occurring near and far from federal institutions;
- DHS and DOJ develop standards for their component agencies on the types of less-lethal force that should be reported when used;
- DHS develop standards for its component agencies on the types of information that must be reported for each use of force incident;
- DHS establish monitoring mechanisms to oversee the quality, consistency, and completeness of use of force reporting across all DHS component agencies;
- USMS and USPP develop specific reporting requirements on the types of information that must be reported for each use of force incident; and
- ICE, USMS, and USSS modify policies and procedures to document their determinations on whether less-lethal force was used in accordance with agency policy.
DOJ, DHS, and the Interior concurred with all of the recommendations to their department and component agencies.
Recommendations for Executive Action
Agency Affected | Recommendation | Status |
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Bureau of Prisons | The Director of BOP should update BOP's use of force policy to address the use of force during demonstrations occurring near and far from federal institutions. (Recommendation 1) |
In July 2024, BOP updated its program statement on Use of Force, Application of Restraints, and Firearms. Specifically, BOP included a section in its program statement on use of deadly force in non-custodial circumstances, stating that correctional law enforcement officers will be guided by the updated Department of Justice Policy on Use of Force. By updating its program statement, BOP is better positioned to ensure that it addresses all potential uses of force situations facing its staff.
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Department of Homeland Security | The Secretary of Homeland Security should develop standards for its component agencies on the types of less-lethal force that should be reported when used. (Recommendation 2) |
In February 2023, DHS issued an updated use of force policy that clarified reporting requirements for use of force, including less-lethal force. Specifically, the policy defines reportable use of force incidents to include (1) any injury or death to an officer, subject, or bystander, (2) any use of deadly force against a person, to include when a firearm is discharged at a person, (3) any intentional deployment of a less-lethal device against a subject, including canines against a subject, (4) any use of a vehicle, weapon, or physical tactic or technique that delivers a kinetic impact to a subject. According to officials from the DHS Office of Strategy, Policy, and Plans (DHS Policy), the new policy broadens the types of less-lethal force that should be reported, to include physical tactics that do not result in a serious injury. The officials added that DHS Policy led a working group beginning under the Law Enforcement Coordination Council that developed and approved the new requirements, which were incorporated into the department's February 2023 updated use of force policy. The new reporting requirements provide additional clarification on which types of less-lethal force should be reported, which will help ensure that DHS is collecting consistent information on use of force across its agencies.
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Department of Justice | The Attorney General should develop standards for its component agencies on the types of less-lethal force that should be reported when used. (Recommendation 3) |
Although the department updated its use of force policy in May 2022, the updated policy did not include standards for its component agencies on the types of less-lethal force that should be reported when used. Department of Justice officials stated that as it implements the new policy, the department will continue to examine whether it needs further standards related to less-lethal force. As of March 2024, we have requested additional information from the department on efforts to address this recommendation, as well as any other efforts in place to ensure the consistency in use of force reporting across its component agencies.
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Department of Homeland Security | The Secretary of Homeland Security should develop standards for its component agencies on the types of information that must be reported on each use of force incident. (Recommendation 4) |
The Department of Homeland Security (DHS) provided documentation of some standards for information that must be reported related to use of force but did not create standards for other kinds of information that should be reported so that component agencies can determine whether the use of force was conducted in accordance with policy. In June 2023, DHS officials stated that the DHS Office of Strategy, Policy, and Plans (DHS Policy) led a working group under the Law Enforcement Coordination Council that developed a baseline set of data points and a reporting template for all DHS law enforcement components and offices. These data are to be reported to DHS Policy, which will use the data for inclusion in Federal Bureau of Investigation's use of force data collection and public-facing website, as well as other internal DHS reporting. DHS Policy provided copies of the template, which includes required fields, such as the type of injuries and force used. However, the template and its related requirements do not include standards for what information must be reported by each component for the purpose of determining whether the use of force incident was conducted in accordance with policy. For example, the template does not include required information on the reason for the use of force. Further, on the basis of our review of DHS's 2023 Use of Force Policy, this policy also does not include additional standards for its component agencies on the types of information that must be reported on each use of force incident.In August 2023, DHS officials stated that it is the responsibility of component agencies to develop their own standards for what information must be reported for the purpose of determining whether the use of force incident was conducted in accordance with policy. However, as we reported in December 2021, we found that all four of the DHS agencies in our review had use of force reports that were missing basic information that would be needed to determine if the force was used in accordance with policy, such as who used the force and why. Further, we found that while DHS's policy states that uses of force are to be documented and investigated pursuant to agency policies, the departmental policy does not include standards for agencies on the types of information that must be reported, including whether the circumstances for each use of force must be reported. We continue to believe that developing such department-wide standards on the types of information that should be required in use of force reporting will help ensure that officers develop reports with all of the needed basic information, which will allow management across DHS to help oversee officers' use of force.
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Department of Homeland Security | The Secretary of Homeland Security should oversee the quality, consistency, and completeness of use of force reporting across all DHS components, such as through a department-wide use of force oversight body or regular evaluations of use of force reporting. (Recommendation 5) |
As of April 2024, DHS established a working group to coordinate the collection of use of force data across DHS, and undertook one effort to improve the quality, consistency, and completeness of use of force reporting across all DHS components. In February 2023, DHS issued an updated Use of Force policy, which states that the Law Enforcement Coordination Council is to provide a forum by which components can share lessons learned regarding use of force policies, training, law enforcement administrative matters, and oversight. DHS officials stated that the DHS Office of Strategy, Policy, and Plans (DHS Policy) led a working group under the council to coordinate the collection of use of force data across DHS. Related to this effort, DHS Policy officials stated that they coordinated with the Office of Homeland Security Statistics (formerly the Office of Immigration Statistics) and DHS Chief Information Officer (CIO) Data Team to analyze the use of force data collected, including the quality, consistency, and completeness of the data. In December 2023, DHS officials stated that the office's efforts led to the revision of its data collection to help close gaps in data quality, consistency, and completeness, such as by eliminating redundant fields. While the creation of the working group and coordination with the Office of Homeland Security Statistics are positive steps, we continue to believe that establishing ongoing monitoring mechanisms to ensure that reporting information is consistent and complete will enhance DHS's ability to oversee the use of force across its agencies. As of March 2024, we have requested additional evidence of the Office of Homeland Security Statistics' efforts as well as evidence on the extent to which the Law Enforcement Coordination Council is responsible for overseeing the quality, consistency, and completeness of use of force reporting across all DHS components.
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United States Marshals Service | The Director of USMS should develop specific reporting requirements on the types of information that must be provided for each use of force incident. (Recommendation 6) |
The U.S. Marshals Service added required fields to its use of force reporting system and implemented a new review process to ensure that use of force reports were complete. In August 2022, U.S. Marshals Service officials stated that their agency added more mandatory fields to its use of force reporting system for information that their agency determined to be needed when reporting each use of force, such as the date and time of the incident, the location of the incident, the person who used force, and the type of force was used. U.S. Marshals Service officials stated in February 2023 that while many of the fields previously existed within the reporting system, several were not required to be completed prior to submitting the report. The officials added that the required fields will help the agency to ensure that the personnel involved in using force were conducting an authorized agency mission and used force in authorized situations. Further, the U.S. Marshals Service implemented a Force Review Branch comprised of inspectors who are tasked with reviewing all use of force incident reports to ensure all required elements are present, and that each user of force completed a detailed narrative of the incident. Per the July 2023 standard operating procedures, inspectors are to confirm that the report includes various kinds of information, including the individual(s) who used force, the type of force used, and why force was used. Establishing clear reporting requirements through its reporting system and establishing procedures for inspectors to review reports to ensure that required information is provided, will help to ensure more consistency in use of force reporting. In turn, this will help the U.S. Marshals Service to oversee its use of force activities.
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United States Park Police | The Chief of USPP should develop specific reporting requirements on the types of information that must be provided for each use of force incident, such as the type of munition. (Recommendation 7) |
As of March 2024, U.S. Park Police officials stated that the agency is in the process of updating its general order on use of force, which will provide specific reporting requirements on the types of information that must be provided for each use of force incident, including the type of munition. The officials stated that they anticipated such updates will be concluded by June 2024. We will continue to monitor U.S. Park Police's actions to address this recommendation.
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United States Marshals Service | The Director of USMS should, as part of the agency's efforts to develop procedures for the Less-than-Lethal Review Board, develop policies and procedures that require relevant officials to document their determination on whether force was used in accordance with agency policy. (Recommendation 8) |
In July 2023, the U.S. Marshals Service issued standard operating procedures for the Less-than-Lethal Review Board, including policies and procedures that require relevant officials to document their determination on whether force was used in accordance with agency policy. The standard operating procedures are intended to provide members of the Board with a set of operational guidelines to follow when conducting reviews of less-than-lethal use of force incidents of U.S. Marshals Service operational employees. Per the standard operating procedure, members of the board are to review the incident and determine whether the use of force was authorized under U.S. Marshals Service policy. As needed, the board can also make recommendations for risk mitigation strategies and improvements to policies, procedures, and training initiatives, or refer the incident to the Office of Professional Responsibility's Internal Affairs. The development of these new procedures for documenting a review of the use of force will help U.S. Marshals Service ensure that all of their reportable uses of less-lethal force were reviewed for accordance with agency policies.
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United States Immigration and Customs Enforcement | The Director of ICE should modify policies and procedures to ensure that relevant officials document their determination on whether less-lethal force was used in accordance with agency policy. (Recommendation 9) |
In May 2023, ICE updated its directive on use of force, including use of force reporting. In March 2024, ICE officials stated that the Office of Regulatory Affairs and Policy has drafted the relevant chapter within the Use of Force handbook to address this recommendation and expects to obtain clearance by end of the fiscal year 2024. We will continue to monitor implementation of these efforts, and review documentation when available that will help ensure that relevant officials document their determination on whether less-lethal force was used in accordance with agency policy.
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United States Secret Service | The Director of USSS should modify policies and procedures to ensure that relevant officials document their determination on whether less-lethal force was used in accordance with agency policy. (Recommendation 10) |
Starting in December 2022, the U.S. Secret Service (USSS) began to roll out a new electronic use of force reporting system. This system replaces USSS's prior method of documenting use of force incidents, which was through an unstructured memorandum that consisted of an open narrative and does not include any required fields. All reportable use of force incidents must be entered into the new system beginning January 1, 2023. Further, USSS issued a standard operating procedure in December 2022 on reporting use of force that describes steps supervisors are to take in the system to indicate whether the supervisor had concerns related to the use of force incident. The development of the new system and reporting procedure will help USSS ensure that all of their reportable uses of less-lethal force were reviewed for accordance with agency policies.
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