Subcommittee on the Efficiency and Effectiveness of Federal Programs and the Federal Workforce

Examining the Use and Abuse of Administratively Uncontrollable Overtime at the Department of Homeland Security

Date: January 28, 2014
Time: 2:30pm
Location: SD-342, Dirksen Senate Office Building

On October 31, 2013, the United States Office of Special Counsel (OSC) issued a report to the President detailing “long-standing abuse of overtime payments by the Department of Homeland Security.”  The report reveals that, for years, Homeland Security employees have abused a fund meant to compensate workers who must sometimes stay on duty beyond normal business hours, such as law enforcement officers responding to criminal activity.  Despite a 2008 investigation and subsequent pledge from DHS officials to rein in on the misuse of AUO, the OSC report shows that numerous agencies within the department continue to allow their employees to illegally claim overtime pay.  It is estimated that the practice is costing taxpayers millions of dollars each year.

This hearing sought to examine the instances of AUO abuse raised in the Special Counsel’s Report, and to learn more about how DHS and CBP are responding to the recent investigative report, what disciplinary actions are being taken, and what additional cases of payroll fraud have been discovered.


The Honorable



Special Counsel

U.S. Office of Special Counsel



Deputy Chief, U.S. Border Patrol

U.S. Customs and Border Protection



Chief Human Capital Officer

U.S. Department of Homeland Security




National Border Patrol Council