Recommendation: The Commissioner of FDA should direct the Center for Devices and Radiological Health to conduct additional monitoring and evaluation of the status of FDA-authorized tests that rely on breakpoints, on a regular basis, to determine whether test manufacturers are updating breakpoints, seeking additional resources as needed. (Recommendation 6)

Agency: Department of Health and Human Services: Public Health Service: Food and Drug Administration: Office of the Commissioner
Status: Open

Comments: The Department of Health and Human Services and the Food and Drug Administration concurred with this recommendation. When we confirm any actions the agency has taken to implement the recommendation, we will provide updated information.

Recommendation: The Commissioner of CBP should ensure that the Office of Field Operations, in consultation with the Office of Trade, develops a plan for managing its increased workload. (Recommendation 1)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurred with this recommendation. According to CBP, the new ACE drawback module provides the capability to extract data for workload management. Further enhanced reporting capabilities for drawback claims are under development. CBP's Office of Field Operations and Office of Trade continue to collaborate on a plan to employ risk management principles and automation to resolve the drawback claims backlog and lay the foundation for processing current drawback claims workload. They estimate the completion of this workload management system by October 31, 2020.

Recommendation: The Commissioner of CBP should ensure that the Office of Trade assesses the feasibility of flagging excessive export submissions across multiple claims and takes cost-effective steps, based on the assessment, to prevent over claiming. (Recommendation 2)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurred with this recommendation. According to CBP, the Office of Trade is exploring alternatives to track and automatically flag duplicate exports across multiple drawback claims. CBP expects to complete their assessment and plan for implementation by December 31, 2020.

Recommendation: The Commissioner of CBP should ensure that the Office of Trade develops a plan, with time frames, to establish a reliable system of record for proof of export. (Recommendation 3)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurred with this recommendation. According to CBP, the Office of Trade will work to develop a plan for the use of the Automated Export System (and possibly other systems) for electronic proof of export in the future. They expect this to be complete by September 30, 2020.

Recommendation: The Commissioner of CBP should ensure that the Office of Trade turns the claim selection feature in ACE back on and finalizes and implements procedures to target claims for review that were accepted into ACE during the period in which the selection feature was disabled. (Recommendation 4)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurred with our recommendation. According to CBP, the Office of Trade, in collaboration with the Office of Information Technology, will automate updates that turn the claim selection feature on in ACE. The Office of Trade plans to retroactively identify drawback claims accepted during the lapse period, and is working to implement a solution by December 31, 2020.

Recommendation: The Commissioner of CBP should ensure that the Office of Trade analyzes the results of its targeting of claims for review and designs responses to mitigate identified risks. (Recommendation 5)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurred with this recommendation. According to CBP, on March 25, 2020, the Office of Trade initiated an analysis to improve automation and targeting on an ongoing basis. Based on the results of this analysis, the Office of Trade will make any needed adjustments to policy and procedures to assist with data quality, by September 30, 2020.

Recommendation: The Commissioner of CBP should ensure that the Office of Trade prioritizes developing a plan to conduct an ex post analysis of the impact on industry and government of key changes to the drawback program, including time frames and methodology. (Recommendation 6)

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner
Status: Open

Comments: CBP concurs with this recommendation. According to CBP, the Office of Trade is finalizing a plan to conduct an ex post analysis of the impact on industry and government of key changes to the drawback program. CBP's analytical plan will include a timeline and methodology for assessing changes to the program. They expect to complete this by November 30, 2020.

Recommendation: The Chief of Border Patrol should develop and implement performance measures to assess its effectiveness at securing the northern border between ports of entry (Recommendation 1).

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner: U.S. Border Patrol
Status: Open

Comments: Border Patrol concurred with this recommendation and in an April 2020 update and stated that it is developing new northern border security metrics. Border Patrol is in the process of evaluating them and coordinating with subject matter experts to ensure they are valid. We will continue to monitor Border Patrol's ongoing efforts.

Recommendation: To ensure Border Patrol has the best available information to inform future investments in TI and resource allocation decisions among TI and other assets Border Patrol deploys in the furtherance of border security operations, and to ensure that key parties within Border Patrol's Requirements Management Process are aware of their roles and responsibilities within the process, the Chief of the Border Patrol should develop metrics to assess the contributions of pedestrian and vehicle fencing to border security along the southwest border using the data Border Patrol already collects and apply this information, as appropriate, when making investment and resource allocation decisions.

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner: U.S. Border Patrol
Status: Open
Priority recommendation

Comments: DHS agreed with the recommendation and stated that it planned to develop metrics for southwest border security operations. To fully implement it, the Border Patrol should complete its efforts to develop metrics for assessing the contributions of pedestrian and vehicle fencing to border security operations and apply these metrics when making resource allocation decisions. As of October 2019, DHS stated that they have developed and are testing the initial metrics. DHS stated that they will continue to gather data over the next two fiscal years (FY20-FY21) which will help to identify if these metrics are accurately representing realities in the field. The estimated completion date is September 2021.

Recommendation: To better inform on the effectiveness of CDS implementation and border security efforts, the Chief of Border Patrol should strengthen the methodology for calculating recidivism such as by using an alien's apprehension history beyond one fiscal year and excluding aliens for whom there is no record of removal and who may remain in the United States.

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner: U.S. Border Patrol
Status: Open

Comments: DHS did not concur with this recommendation. DHS noted that the U.S. Customs and Border Protection (CBP) Consequence Delivery System Program Management Office (CDS PMO) uses annual recidivism rate calculations to measure annual change, which is not intended to be, or used, as a performance measure for CDS. We continue to believe that DHS should strengthen its methodology for calculating recidivism. DHS noted in its comments on our report that the recidivism rate is used as a performance measure by U.S. Border Patrol and DHS. Additionally, strengthening the recidivism rate methodology would not preclude its use for CDS as a measure of annual change, and would provide Border Patrol a more complete assessment of the rate of change in recidivism. In January 2018, CDS-PMO officials stated that the office started reporting nationwide the recidivism rates for multiple years to U.S. Border Patrol sectors for situational awareness. However, the methodology for this reported recidivism rate does not exclude aliens for who there is no record of removal. In May 2020, CDS-PMO reported that it has not taken any further steps to implement this recommendation. To fully implement this recommendation, DHS needs to further strengthen its recidivism rate methodology by excluding aliens for whom there is no record of removal. Further, DHS needs to demonstrate that it is using this updated methodology on a recurring basis and for CDS performance measurement purposes.