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DOJ OIG Closes Two Priority Recommendations, Designates Two New Priorities

The Department of Justice (DOJ) Office of the Inspector General (OIG) announced today that it has closed two recommendations that it had designated as priorities: one recommendation to the Federal Bureau of Investigation (FBI) concerning its policies for coordination with state and local law enforcement after receiving allegations of crimes against children, and one recommendation to the Federal Bureau of Prisons (BOP) concerning its need for a reliable method for calculating appropriate staffing levels at the enterprise and institutional levels.

In closing these recommendations, the OIG also announced that it has designated two new priorities: a recommendation made in 2018 that DOJ consider providing guidance to agents and prosecutors concerning the taking of overt investigative steps, indictments, public announcements, or other actions that could impact an election; and a recommendation made in 2019 that DOJ evaluate which types of Sensitive Investigative Matters (SIM) require advance notification to a senior DOJ official.

The OIG uses the “priority” designation to identify up to three open OIG recommendations that it believes will have the most benefit or impact to DOJ’s mission, operations, programs, or funds when implemented.

The Two Closed Recommendations

In connection with the OIG’s 2021 report, “Investigation and Review of the FBI’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar,” the OIG recommended that the FBI revise its policies to clarify when FBI employees are required to contact and coordinate with state and local authorities after receiving allegations of crimes against children. The OIG closed this recommendation in April 2026, upon determining that the FBI had made significant changes to its Domestic Investigations Operations Guide and its Crimes Against Children Policy Guide.

In connection with the OIG’s 2023 report, “Limited-Scope Review of the Federal Bureau of Prisons’ Strategies to Identify, Communicate, and Remedy Operational Issues,” the OIG recommended that the BOP develop and implement a reliable method to calculate appropriate staffing levels and communicate its funding needs for staffing to executive and legislative branch stakeholders. The OIG closed this recommendation in September 2026 upon determining that the BOP had developed a reliable staffing tool, used it to calculate staffing levels across the enterprise and at individual BOP institutions, and communicated the BOP’s funding needs to its stakeholders.

The OIG commends the FBI and the BOP for their actions to address these important recommendations.

The Two New Priorities

One newly designated priority recommendation appeared in the OIG’s 2018 report, “A Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election.” In that report, the OIG recommended that DOJ consider providing guidance to agents and prosecutors concerning the taking of overt investigative steps, indictments, public announcements, or other actions that could impact an election. The OIG made this recommendation after concluding that, although DOJ and the FBI had long observed a norm against taking an action that could influence the political process in the run-up to an election, witnesses differed in their understanding of its scope and requirements, and we found that there was no formal policy that contained a specific prohibition on overt investigative steps within a particular period before an election. The OIG believes that implementing the recommendation would help DOJ ensure that officials across the agency have the guidance they need when weighing whether to take an overt investigative or prosecutorial step that could foreseeably affect an impending election.

The other newly designated priority recommendation appeared in the OIG’s 2019 report, “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.” In that report, the OIG recommended that DOJ and the FBI evaluate which types of SIMs require advance notification to a senior DOJ official, such as the Deputy Attorney General, in addition to the notifications currently required for SIMs, especially for case openings that implicate core First Amendment activity and raise policy considerations or heighten enterprise risk. The OIG further recommended that DOJ and the FBI establish implementing policies and guidance, as necessary. The OIG made this recommendation after concluding that, while the then FBI Deputy Director was aware of and gave his approval for the Crossfire Hurricane investigation prior to its opening, the investigation—which concerned the actions of individuals associated with a presidential campaign—could have been opened, consistent with FBI and DOJ policy, without any notice to FBI or DOJ leadership. In April 2021, we informed the FBI that policy changes it had made were responsive to our recommendation, but this recommendation remains open pending the completion of DOJ’s agency-wide evaluation of its policies and the implementation of any resulting policy changes.

With the changes described above, the OIG’s current priority recommendations are now:

  • For the BOP: complete needed upgrades to its security camera system.
  • For DOJ: consider providing guidance to agents and prosecutors concerning the taking of overt investigative steps, indictments, public announcements, or other actions that could impact an election.
  • For DOJ: evaluate which types of SIMs require advance notification to a senior DOJ official and establish implementing policies and guidance, as necessary.

Explore all open recommendations on our website.

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