FPS

Under 40 U.S.C. § 1315, DHS had the legal authority to designate and deploy DHS law enforcement officers from CBP, ICE and United States Secret Service to help the Federal Protective Service protect Federal facilities in Portland, Oregon.  However, DHS was unprepared to effectively execute cross-component activities to protect Federal facilities when component law enforcement officers first deployed on June 4, 2020.  Specifically, not all officers completed required training; had the necessary equipment; or used consistent uniforms, devices, and operational tactics when responding to the events in Portland.  This occurred because DHS did not have a comprehensive strategy that addressed the potential for limited state and local law enforcement assistance, and cross-designation policies, processes, equipment, and training requirements.  We made two recommendations to improve DHS’ preparedness for protecting Federal property.  DHS concurred with both recommendations.

DHS’ capability to counter illicit Unmanned Aircraft Systems (UAS) activity remains limited.  The Office of Strategy, Policy, and Plans did not execute a uniform department-wide approach, which prevented components authorized to conduct counter-UAS operations from expanding their capabilities.  This occurred because the Office of Policy did not obtain funding as directed by the Secretary to expand DHS’ counter-UAS capability.  We made four recommendations to improve the Department’s management and implementation of counter-UAS activities.  The Office of Strategy, Policy, and Plans concurred with all four of our recommendations.      

National Protection and Programs Directorate (NPPD) Chief of Staff requested a review to determine whether Federal Protective Service (FPS) inspectors’ positions were classified correctly for purposes of earning overtime under the Fair Labor Standards Act. Although properly classified as non-exempt, inspectors’ excessive use of overtime does raise significant concerns. Specifically, 11 of the 19 inspectors reviewed frequently worked multiple 17- to 21-hour shifts with no days off in between. This kind of extensive overtime allowed seven inspectors to earn more than the most senior executives in the Federal Government, with three earning more than the Vice President of the United States. Furthermore, FPS’ increasing use of overtime contributed to a projected budget shortfall for fiscal year 2018, potentially putting the FPS mission at risk. The inspectors were able to accumulate the extensive overtime because of poor internal controls, such as management not monitoring the use of overtime.