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POSTPONED: Examining the Use and Abuse of Administratively Uncontrollable Overtime (AUO) at the Department of Homeland Security

Subcommittee Hearing

Location: Dirksen Senate Office Building, Room 342

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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 seeks 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  Carolyn Lerner
    Special Counsel
    U.S. Office of Special Counsel
  • Ron Vitiello
    Deputy Chief, U.S. Border Patrol
    U.S. Customs and Border Protection
  • Catherine Emerson
    Chief Human Capital Officer
    U.S. Department of Homeland Security
  • Brandon Judd
    National Border Patrol Council