Homeland Security
Preliminary Observations on the Federal Protective Service's Efforts to Protect Federal Property Gao ID: GAO-08-476T February 8, 2008In 2003, the Federal Protective Service (FPS) was transferred from the General Services Administration (GSA) to the Department of Homeland Security (DHS) and is currently tasked with providing physical security and law enforcement services to about 8,800 facilities owned or leased by GSA. To accomplish its mission, FPS currently has a workforce of about 1,100 employees and about 15,000 contract guards located throughout the country. While there has not been a large-scale attack on a domestic federal facility since the terrorist attacks of September 11, 2001 and the 1995 terrorist attack on the Oklahoma City Federal Building, it is important that FPS has sufficient resources and an effective approach to protect federal employees and members of the public that work in and visit federal facilities from the risk of crime and terrorist attacks. GAO was asked to provide information and analysis on (1) the extent to which FPS is fulfilling its mission to protect federal employees and facilities and (2) the management challenges FPS faces. To address these objectives, GAO analyzed FPS staffing data and interviewed numerous FPS officials, GSA, tenant agencies, and local police departments.
Due to staffing and operational issues, FPS is experiencing difficulties in fully meeting its facility protection mission. According to many FPS officials at regions we visited, these difficulties may expose federal facilities to a greater risk of crime or terrorist attack. FPS' workforce has decreased by nearly 20 percent from almost 1,400 in fiscal year 2004 to about 1,100 at the end of fiscal year 2007. In fiscal year 2007, FPS had about 756 inspectors and police officers, and about 15,000 contract guards who are used primarily to monitor facilities through fixed post assignments and access control. FPS is also implementing a policy to change the composition of its workforce whereby it will essentially eliminate the police officer position and mainly utilize inspectors. One consequence of this change is that, with the exception of a few locations, FPS is not providing proactive patrols in and around federal facilities in order to detect and prevent criminal incidents and terrorism related activities before they occur. FPS has also reduced its hours of operation in many locations and has not always maintained security countermeasures and equipment such as security cameras, magnetometers, x-ray machines, radios, building security assessment equipment, and access control systems at some facilities we visited. For example, at one location we visited, a deceased individual had been found, after three months, in a vacant GSA facility that was not regularly patrolled by FPS. FPS continues to face several management challenges that, according to many FPS officials at regions we visited, have hampered its ability to accomplish its facility protection mission. These include budgetary challenges, a lack of adequate contract guard oversight, and the absence of agreements with local police departments regarding response capabilities or jurisdictional issues at federal facilities. Historically and recently, FPS' revenues have not been sufficient to cover its operational costs. To address its recent revenue shortfall FPS has restricted hiring and travel, limited training and overtime, and eliminated employee performance awards. These measures have had a negative effect on staff morale, contributed to FPS' high attrition rates, and may affect the performance and safety of FPS personnel. Moreover, many FPS officials expressed concern about the lack of oversight of the 15,000 contract guards and poor performance by some guards when responding to crime and incidents at federal facilities. FPS has indicated that they are covering facility protection gaps through increased reliance on local law enforcement but it has not signed any agreements with local law enforcement agencies to ensure local assistance or resolved jurisdictional issues, which could authorize local police to respond to some incidents at federal facilities. Multiple local police departments said they were not aware of FPS' expected reliance on their services.
GAO-08-476T, Homeland Security: Preliminary Observations on the Federal Protective Service's Efforts to Protect Federal Property
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Homeland Security:
Preliminary Observations on the Federal Protective Service's Efforts to
Protect Federal Property
United States Government Accountability Office:
GAO:
Testimony:
Before the Subcommittee on Economic Development, Public Buildings and
Emergency Management, Committee on Transportation and Infrastructure,
House of Representatives:
For Release on Delivery:
Expected at 9:00 a.m. EST:
Friday, February 8, 2008:
Homeland Security:
Preliminary Observations on the Federal Protective Service's Efforts to
Protect Federal Property:
Statement of Mark L. Goldstein:
Director Physical Infrastructure Issues:
GAO-08-476T:
GAO Highlights:
Highlights of GAO-08-476T, a testimony to Chair, Subcommittee on
Economic Development, Public Buildings and Emergency Management,
Committee on Transportation and Infrastructure, House of
Representatives.
Why GAO Did This Study:
In 2003, the Federal Protective Service (FPS) was transferred from the
General Services Administration (GSA) to the Department of Homeland
Security (DHS) and is currently tasked with providing physical security
and law enforcement services to about 8,800 facilities owned or leased
by GSA. To accomplish its mission, FPS currently has a workforce of
about 1,100 employees and about 15,000 contract guards located
throughout the country.
While there has not been a large-scale attack on a domestic federal
facility since the terrorist attacks of September 11, 2001 and the 1995
terrorist attack on the Oklahoma City Federal Building, it is important
that FPS has sufficient resources and an effective approach to protect
federal employees and members of the public that work in and visit
federal facilities from the risk of crime and terrorist attacks. GAO
was asked to provide information and analysis on (1) the extent to
which FPS is fulfilling its mission to protect federal employees and
facilities and (2) the management challenges FPS faces. To address
these objectives, GAO analyzed FPS staffing data and interviewed
numerous FPS officials, GSA, tenant agencies, and local police
departments.
What GAO Found:
Due to staffing and operational issues, FPS is experiencing
difficulties in fully meeting its facility protection mission.
According to many FPS officials at regions we visited, these
difficulties may expose federal facilities to a greater risk of crime
or terrorist attack. FPS‘ workforce has decreased by nearly 20 percent
from almost 1,400 in fiscal year 2004 to about 1,100 at the end of
fiscal year 2007. In fiscal year 2007, FPS had about 756 inspectors and
police officers, and about 15,000 contract guards who are used
primarily to monitor facilities through fixed post assignments and
access control. FPS is also implementing a policy to change the
composition of its workforce whereby it will essentially eliminate the
police officer position and mainly utilize inspectors. One consequence
of this change is that, with the exception of a few locations, FPS is
not providing proactive patrols in and around federal facilities in
order to detect and prevent criminal incidents and terrorism related
activities before they occur. FPS has also reduced its hours of
operation in many locations and has not always maintained security
countermeasures and equipment such as security cameras, magnetometers,
x-ray machines, radios, building security assessment equipment, and
access control systems at some facilities we visited. For example, at
one location we visited, a deceased individual had been found, after
three months, in a vacant GSA facility that was not regularly patrolled
by FPS.
FPS continues to face several management challenges that, according to
many FPS officials at regions we visited, have hampered its ability to
accomplish its facility protection mission. These include budgetary
challenges, a lack of adequate contract guard oversight, and the
absence of agreements with local police departments regarding response
capabilities or jurisdictional issues at federal facilities.
Historically and recently, FPS‘ revenues have not been sufficient to
cover its operational costs. To address its recent revenue shortfall
FPS has restricted hiring and travel, limited training and overtime,
and eliminated employee performance awards. These measures have had a
negative effect on staff morale, contributed to FPS‘ high attrition
rates, and may affect the performance and safety of FPS personnel.
Moreover, many FPS officials expressed concern about the lack of
oversight of the 15,000 contract guards and poor performance by some
guards when responding to crime and incidents at federal facilities.
FPS has indicated that they are covering facility protection gaps
through increased reliance on local law enforcement but it has not
signed any agreements with local law enforcement agencies to ensure
local assistance or resolved jurisdictional issues, which could
authorize local police to respond to some incidents at federal
facilities. Multiple local police departments said they were not aware
of FPS‘ expected reliance on their services.
What GAO Recommends:
We have ongoing work addressing these issues and will report our
complete evaluation along with any appropriate recommendations at a
later date.
To view the full product, including the scope and methodology, click on
[hyperlink, http://www.GAO-08-476T]. For more information, contact Mark
L. Goldstein at (202) 512-2834 or goldsteinm@gao.gov.
[End of section]
Madam Chair and Members of the Subcommittee:
We are pleased to be here to discuss the efforts of the Federal
Protective Service (FPS) in protecting federal employees, the public,
and federal facilities. As you know, in 2003, FPS was transferred from
the General Services Administration (GSA) to the Department of Homeland
Security (DHS) and is currently tasked with providing physical security
and law enforcement services to about 8,800 facilities owned or leased
by GSA. Within DHS, FPS is part of the Immigration and Customs
Enforcement (ICE) component, the largest investigative arm of DHS. To
accomplish its facility protection mission, FPS currently has a
workforce of about 1,100 employees and about 15,000 contract guards
located throughout the country. While there has not been a large-scale
attack on a domestic federal facility since the terrorist attacks of
September 11, 2001 and the 1995 terrorist attack on the Oklahoma City
Federal Building, it is important that FPS has sufficient resources and
an effective approach to protect the over one million employees as well
as members of the public that work in and visit federal facilities from
the risk of terrorist attacks, crime, or related activities.
This testimony provides preliminary information and analysis on (1) the
extent to which FPS is fulfilling its mission to protect federal
employees and facilities and (2) the management challenges FPS faces.
It is based on the preliminary results of our ongoing review of FPS
which we are doing at the request of this Subcommittee and several
other congressional committees.
To determine the extent to which FPS is fulfilling its facility
protection mission and to identify the management challenges it faces,
we analyzed FPS staffing data from fiscal year 2004 through fiscal year
2007 to identify trends in staffing. We interviewed FPS officers,
inspectors, and administrators at headquarters and at six of FPS' 11
regions. We also interviewed GSA, tenant agencies, and local police
departments about FPS' efforts to protect federal employees,
facilities, and the public. Due to the sensitivity of some of the
information in this report we cannot provide information about the
specific locations of crime or other incidents discussed. We conducted
our work between April 2007 and February 2008 in accordance with
generally accepted government auditing standards.
In summary:
Due to staffing and operational issues, FPS is experiencing
difficulties in fully meeting its facility protection mission.
According to many FPS officials at regions we visited, these
difficulties may expose federal facilities to a greater risk of crime
or terrorist attack. FPS' workforce, including both operational and
support personnel, has decreased by about 20 percent from almost 1,400
in fiscal year 2004 to about 1,100 at the end of fiscal year 2007. In
fiscal year 2007, FPS had 756 inspectors and police officers
responsible for law enforcement, and about 15,000 contract guards who
are used primarily to monitor facilities through fixed post assignments
and access control. FPS is also implementing a policy to change the
composition of its workforce whereby it will essentially eliminate the
police officer position and mainly utilize inspectors, which have both
physical security training and federal law enforcement authority.
According to FPS officials, this policy change will allow it to address
longstanding challenges such as funding and help ensure that it has the
right mix of staff to carry out its facility protection mission. One
consequence of this change is that, in many federal facilities FPS is
not providing proactive patrol in and around federal facilities in
order to detect and prevent criminal incidents and terrorism related
activities before they occur. For example, at one location we visited,
a deceased individual had been found in a vacant GSA facility that was
not regularly patrolled by FPS. The deceased individual had been inside
the building for approximately three months before the individual was
found. In addition, reports issued by multiple government entities
acknowledge the importance of proactive patrol in detecting and
deterring terrorist surveillance teams, which frequently use
information such as the placement of armed guards and proximity to law
enforcement agency stations when choosing targets and planning attacks.
These sophisticated surveillance and research techniques can
potentially be derailed by active law enforcement patrols in and around
federal facilities. FPS has also reduced its hours of operation in many
locations and has not always maintained security countermeasures and
equipment such as security cameras, magnetometers, x-ray machines,
radios, and building security assessment equipment at some facilities
we visited.
FPS continues to face several management challenges that many FPS
officials at regions we visited say have hampered its ability to
achieve its mission and increased the risk of criminal and terrorist
attacks on federal employees, facilities, and members of the public.
These include budgetary challenges, a lack of adequate contract guard
oversight and the absence of agreements with local police departments
regarding response capabilities or jurisdictional issues at federal
facilities. Historically and recently, FPS' revenues have not been
sufficient to cover its operational costs. This revenue shortfall has
been addressed in a variety of ways. For example, when FPS was located
at GSA it received additional funding from the Federal Buildings Fund.
These funds were not available after FPS was transferred to DHS, which
caused FPS to experience a revenue shortfall and to subsequently
implement cost saving measures as well as increase security fees
charged to tenants. For example, in fiscal year 2005 FPS faced a
projected revenue shortfall of $70 million and instituted cost saving
measures that included restricted hiring and travel, limited training
and overtime, and no employee performance awards. These measures have
had a negative effect on staff morale, are partially responsible for
FPS' high attrition rates, and could potentially impact the performance
and safety of FPS personnel. In addition to these measures, FPS raised
the basic security fee charged to tenants from $.35 per square foot in
fiscal year 2005, to $.39 per square foot in fiscal year 2007, and to
$.57 per square foot in fiscal year 2008. FPS and tenant officials
stated that contract guards are an important part of security at
federal facilities and that many are very effective. However, many
other FPS officials at regions we visited expressed concern about the
adequacy of contract guard oversight and poor performance by some
guards when responding to crime and incidents at federal facilities.
FPS stated that it is covering facility protection gaps through
increased reliance on local law enforcement. However, according to FPS,
it has not signed any agreements with local law enforcement agencies to
ensure local assistance or to resolve jurisdictional issues, which
could authorize local police to respond to incidents at federal
facilities. Also, local law enforcement officials in most of the cities
we visited said they do not have the capacity to respond to calls for
service at federal facilities and would not sign agreements that
require them to take on additional responsibility. Moreover, officials
at multiple local police departments said they were not aware of FPS'
operational challenges or expected reliance on their services.
Background:
As the primary federal agency that is responsible for the protection
and security of GSA-managed federal facilities and employees across the
country, FPS has the authority to enforce federal laws and regulations
aimed at protecting federally owned and leased properties and the
persons on such property, and to conduct investigations related to
offenses against the property and persons on the property.[Footnote 1]
At the end of fiscal year 2007, FPS had about 215 police officers, 541
inspectors, and about 15,000 contract guards to protect federal
employees and facilities from the risk of terrorist attacks, crime, or
related activities. FPS inspectors are responsible for overseeing the
contract guards, completing building security assessments for numerous
buildings[Footnote 2], serving as contracting officer technical
representatives (COTR) for guard contracts, responding to criminal
incidents, collecting time cards for guards, and supporting tenant
Building Security Committees, among other duties. FPS police officers
are primarily responsible for patrolling federally owned and leased
facilities, responding to criminal incidents, and assisting in the
monitoring of contract guards. They also are the primary response force
to demonstrations at federal facilities and perform basic criminal
investigations. According to FPS, the 15,000 contract guards generally
do not have the authority or training to detect suspicious terrorist or
criminal activity and are used primarily to monitor facilities through
fixed post assignments and access control. Most guards also do not have
authority to detain or arrest individuals.
The level of physical protection services FPS provides at each building
varies depending on the building's security level. To determine a
building's security level, FPS uses the Department of Justice standards
listed below.
* A level I facility has 10 or fewer federal employees, 2,500 or less
square feet of office space and a low volume of public contact or
contact with only a small segment of the population. A typical level I
facility is a small storefront-type operation, such as a military
recruiting office.
* A level II facility has between 11 and 150 federal employees, more
than 2,500 to 80,000 square feet; a moderate volume of public contact;
and federal activities that are routine in nature, similar to
commercial activities.
* A level III facility has between 151 and 450 federal employees, more
than 80,000 to 150,000 square feet and a moderate to high volume of
public contact.
* A level IV facility has over 450 federal employees, more than 150,000
square feet; high volume of public contact; and tenant agencies that
may include high-risk law enforcement and intelligence agencies,
courts, judicial offices, and highly sensitive government records.
In some cases, FPS has delegated the protection of facilities to tenant
agencies, which may have uniformed officers of their own or may
contract separately for guard services.
To fund the security services it provides, FPS charges each tenant
agency a basic security fee per square foot of space occupied in a GSA
owned or leased facility. In fiscal year 2008, the basic security fee
is 57 cents per square foot. FPS also charges tenant agencies a
building specific security fee for additional security countermeasures
such as access control to facility entrances and exits, employee and
visitor checks; and the purchase, installation, and maintenance of
security equipment including cameras, alarms, magnetometers, and x-ray
machines. In addition to these security services, FPS also provides
agencies with additional services, upon request, which are funded
through reimbursable Security Work Authorizations (SWA). For example,
agencies may request additional magnetometers or more advanced
perimeter surveillance capabilities.
FPS Faces Difficulties in Fully Meeting Its Mission to Protect Federal
Facilities:
FPS is having difficulty fully meeting its mission to provide law
enforcement and security services at some of the 8,800 federal
facilities it is responsible for protecting and these facilities face a
greater risk of crime or terrorist attacks. Based on our preliminary
analysis, a steady decrease in FPS' workforce is a significant
difficulty that FPS faces in protecting federal facilities and this
decrease, along with policy changes to reduce the number of police
officers, has hampered its ability to provide proactive patrols. In
addition, budgetary challenges have hampered FPS' ability to maintain
security countermeasures and equipment at some facilities we visited.
FPS Workforce Issues:
FPS faces several unresolved workforce issues. First, FPS' workforce
has decreased by about 20 percent since fiscal year 2004 from almost
1,400 to about 1,100 in fiscal year 2007, as shown in figure 1.
Figure 1: FPS Workforce, Fiscal Years 2004 through 2007:
[See PDF for image]
This figure is a line graph illustrating the FPS Workforce, Fiscal
Years 2004 through 2007. The vertical axis of the graph represents
number of staff from 0 to 1,600. The horizontal axis of the graph
represents fiscal years 2004 through 2007. The line depicts a decrease
in FPS workforce from about 1,400 in fiscal year 2004 to about 1,10 in
fiscal year 2007.
Source: Federal Protective Service.
[End of figure]
During this timeframe, the number of employees in each position also
decreased, with the largest decrease occurring in the police officer
position. For example, based on FPS reports, the number of police
officers decreased from 359 in fiscal year 2004 to 215 in fiscal year
2007 and the number of inspectors (sometimes referred to as physical
security specialists) decreased from 600 in fiscal year 2004 to 541 in
fiscal year 2007, as shown in figure 2.
Figure 2: Comparison of FPS Workforce By Position, Fiscal Years 2004
through 2007:
[See PDF for image]
This figure is a multiple line graph illustrating a Comparison of FPS
Workforce By Position, Fiscal Years 2004 through 2007. The vertical
axis of the graph represents number of staff from 0 to 700. The
horizontal axis of the graph represents fiscal years 2004 through 2007.
Three lines depict a decrease in FPS workforces:
Police officers: decrease from 359 in 2004 to 215 in 2007;
Inspectors: decrease from 600 in 2004 to 541 in 2007;
Others: decrease from approximately 420 in 2004 to 380 in 2007.
Source: Federal Protective Service.
Note: Others include FPS special agents and administrative and support
staff.
[End of figure]
According to FPS officials, the decreases in FPS' workforce are
primarily the result of cost saving measures taken to address its
budgetary challenges.
Second, FPS has also adopted a policy that will change the composition
of its workforce from a combination of inspectors and police officers
to a workforce comprised mainly of inspectors and will essentially
phase out police officers. Under this new policy, FPS will rely on
local police departments for assistance with crime and other incidents
at federal facilities. This new policy will increase FPS' focus on the
physical security components of its mission, such as building security
assessments and contract management. FPS stated that this new policy
will ensure that it is equipped with the right people who have the
right mix of skills and training to carry out its mission and will help
to address its budgetary challenges. While the new policy has not been
approved by DHS, FPS has started transitioning to an inspector based
workforce. Many FPS officials at locations we visited believe this
transition and recent staffing reductions have increased the risk of
terrorist or criminal activities at some federal facilities. Moreover,
one consequence of these changes is that it has left some federal
facilities in regions that we visited with little or no coverage by a
FPS police officer or inspector. For example, the number of FPS
officers assigned to one level IV facility decreased from six to zero.
In another example, at the time we visited one region, FPS had not
reassigned about 70 buildings that were the responsibility of an
inspector who had retired six months ago, leaving the contract guards
at those facilities without supervision.
Third, FPS also may have difficulty determining how to allocate its
limited resources effectively because of concerns about the reliability
of information in its data management systems for tracking and
monitoring crime and other incidents. While FPS maintains nationwide
data on reported crimes and other incidents, according to many FPS
officials at the regions we visited, the agency's data may not be a
reliable indicator of crimes and other incidents for a number of
reasons. In addition, our preliminary analysis of the data shows a
significant discrepancy between the information maintained at FPS
headquarters and a regional office. Specifically, FPS headquarters'
data shows that crime is decreasing in that region while the region's
reports show that crime is increasing. As such, we are in the process
of determining the reliability of this data and plan to include the
results of our analysis in our final report to this Subcommittee.
Issues With Limited Proactive Patrol:
In many federal facilities FPS is not currently providing proactive
patrol to detect and prevent criminal incidents and terrorist attacks
before they occur. The elimination of proactive patrol has a negative
effect on security at federal buildings because law enforcement
personnel cannot effectively monitor individuals surveilling federal
buildings, inspect suspicious vehicles (including potential vehicles
for bombing federal buildings), and detect and deter criminal activity
in and around federal buildings. According to many FPS officials at
regions we visited, this has effectively limited its law enforcement
personnel to a reactive force. In addition, FPS officials at several
regions we visited said that proactive patrol has, in the past, allowed
its officers and inspectors to identify and apprehend individuals that
were surveilling federal facilities (potentially for use in a future
attack). In contrast, when FPS is not able to patrol federal buildings,
there is increased potential for illegal entry and other criminal
activity at federal buildings. For example, at one city we visited, a
deceased individual had been found in a vacant GSA facility that was
not regularly patrolled by FPS. FPS officials stated that the deceased
individual had been inside the building for approximately three months.
Reports issued by multiple government entities acknowledge the
importance of proactive patrol in detecting and deterring terrorist
surveillance teams, which frequently use information such as the
placement of armed guards and proximity to law enforcement agency
stations when choosing targets and planning attacks. These
sophisticated surveillance and research techniques can potentially be
derailed by active law enforcement patrols in and around federal
facilities.
In addition to eliminating proactive patrol, FPS regions have reduced
their hours of operation in many locations, which has resulted in a
lack of coverage when most federal employees are either entering or
leaving federal buildings. Moreover, FPS officers and inspectors in two
cities explained that this lack of coverage has left some federal day
care facilities vulnerable to loitering by homeless individuals and
drug users. Many FPS officers and inspectors also said that reducing
hours has increased response time in some locations by as much as a few
hours to a couple of days, depending on the location of the incident.
For example, one consequence of reduced hours is that some officers
often have to travel from locations in another state in order to
respond to incidents in both major metropolitan and rural locations.
Additionally, FPS has a decreased capacity to handle situations in
which a large FPS presence is needed while maintaining day-to-day
operations. For example, during a high-profile criminal trial
approximately 75 percent of one region's workforce was detailed to
coordinate with local police to provide perimeter security for a
courthouse, leaving few FPS officers and inspectors to respond to
criminal incidents and other tenant needs in the rest of the region.
This problem was also reported by inspectors in several other regions
in the context of providing law enforcement at public demonstrations
and criminal trials, which can occur frequently at some federal
facilities.
The decrease in FPS' staff and duty hours has had a potentially
negative effect on officer and inspector safety, as well as building
security. Because FPS regions have reduced their hours of operation and
overtime, officers and inspectors said that they are frequently in
dangerous situations without any backup. In one region, FPS officials
said that a public demonstration in a large metropolitan area required
that all eight officers and inspectors scheduled to work during the
shift be deployed to the demonstration for crowd control. During the
demonstration, however, two inspectors had to leave the demonstration
to arrest a suspect at another facility; two more also left to respond
to a building alarm. Four FPS personnel remained to cover the
demonstration. The officials stated that several years ago the minimum
manpower guidelines required that at least 12 law enforcement personnel
be on duty each shift in order to ensure officer safety. These
officials stated that they no longer have the personnel to comply with
this guideline.
Some Security Countermeasure Equipment Has Not Been Maintained:
According to officials at FPS, GSA, and tenant agencies in the regions
we visited, many of the security countermeasures, such as security
cameras, magnetometers, and x-ray machines at some facilities, as well
as some FPS radios and building security assessment equipment, have
been broken for months or years and are poorly maintained. At one level
IV facility, FPS and GSA officials stated that only 11 of 150 security
cameras were fully functional and able to record images. Similarly, at
another level IV facility, a large camera project designed to expand
and enhance an existing camera system was put on hold because FPS did
not have the funds to complete the project. While ongoing, this project
has not been completed. FPS officials stated that broken cameras and
other security equipment can negate the deterrent effect of these
countermeasures as well as eliminate their usefulness as an
investigative tool. For example, according to FPS, at multiple level IV
facilities it has investigated significant crimes, but the security
cameras installed in those buildings were not working properly,
preventing FPS investigators from identifying the suspects.
Complicating this issue, FPS officials, GSA officials, and tenant
representatives stated that additional countermeasures are difficult to
implement because they require approval from building security
committees, which are comprised of representatives from each tenant
agency who generally are not security professionals. In many of the
buildings that we visited, security countermeasures were not
implemented because building security committee members cannot agree on
what countermeasures to implement or are unable to obtain funding from
their agencies. In addition, several FPS inspectors stated that their
regional managers have instructed them not to recommend security
countermeasures in building security assessments if FPS would be
responsible for funding the measures because there is not sufficient
money in regional budgets to purchase and maintain the security
equipment.
Several Management Challenges Hamper FPS' Ability to Protect Federal
Facilities:
FPS continues to face several management challenges that have hampered
its ability to achieve its mission which, according to many FPS
officials at regions we visited, have increased the risk of criminal
and terrorist attacks on federal employees, facilities, and members of
the public. These include budgetary challenges, a lack of sufficient
contract guard oversight to ensure adequate performance, and the
absence of agreements with local police departments regarding response
capabilities or jurisdictional issues at federal facilities.
FPS Has Taken Some Steps to Address Budgetary Challenges But These
Steps Have Some Adverse Implications:
Historically and recently, FPS' fee revenues have not been sufficient
to cover its operational costs. When FPS was located at GSA it received
additional funding from the Federal Buildings Fund but these funds were
not available after FPS was transferred to DHS. The loss of this
support has contributed to FPS' budgetary challenges in recent years.
For example, FPS faced projected revenue shortages in fiscal years 2005
and 2006 and has addressed them through a variety of measures. In
fiscal year 2005, FPS projected revenues were $70 million short of
operational costs. To make up for this and to avoid a potential Anti-
deficiency Act violation FPS instituted a variety of cost saving
measures that included restricted hiring and travel, limited training
and overtime, and no employee performance awards. FPS officials said
they faced another projected shortfall in fiscal year 2006 of $57
million and kept existing cost saving measures in place, including:
* forgoing the purchase of new radios which yielded almost $2 million,
* canceling employee performance awards which yielded about $1 million,
and;
* reducing overtime and travel restrictions which yielded almost $1
million.
Despite these measures, in fiscal year 2006, DHS also had to transfer
about $29 million in emergency funding to FPS. In fiscal year 2007, FPS
reported saving approximately $27 million from continued cost saving
measures. In addition to these measures, FPS raised the basic security
fee charged to tenants from $.35 per square foot in fiscal year 2005,
to $.39 per square foot in fiscal year 2007, and to $.57 per square
foot in fiscal year 2008.
According to FPS, its efforts to avoid revenue shortfalls have had
adverse implications, including low morale among staff, increased
attrition and the loss of institutional knowledge, as well as
difficulties in recruiting new staff. In addition, several FPS officers
and inspectors said that overwhelming workloads, uncertainty
surrounding their job security, and a lack of equipment have diminished
morale within the agency. These working conditions could potentially
impact the performance and safety of FPS personnel. FPS officials said
the agency has lost many of their most experienced law enforcement
staff in recent years and several officers and inspectors said they
were actively looking for new jobs outside FPS. For example, FPS
reports that 73 inspectors and police officers left the agency in
fiscal year 2006, representing about 65 percent of the total attrition
in the agency for that year. Attrition rates have steadily increased
from fiscal years 2004 to 2007, as shown in figure 3. The attrition
rate for the inspector position has increased in recent years, despite
FPS' plan to increase the number of employees in this position.
Figure 4: FPS Attrition Rates, Fiscal Years 2004 through 2007:
[See PDF for image]
This figure is a multiple line graph illustrating FPS Attrition Rates,
Fiscal Years 2004 through 2007. The vertical axis of the graph
represents rate from 0 to 18. The horizontal axis of the graph
represents fiscal years 2004 through 2007. Three lines depict the
attrition rates as follows:
Officer attrition rate: from less than 1 in 2004 to approximately 16 in
2007;
Inspector attrition rate: from less than 1 in 2004 to approximately 11
in 2007;
Overall attrition rate: from less than 1 in 2004 to approximately 14 in
2007.
Source: Federal Protective Service.
[End of figure]
Adequate Oversight of Contract Guard Performance Remains a Challenge:
At the end of fiscal year 2007, FPS had 541 inspectors, whose
responsibilities included overseeing 15,000 contract guards. FPS and
tenant officials stated that contract guards are an important part of
security at federal facilities and that many are very effective.
However, many FPS officials we interviewed expressed concern about
inadequate contract guard oversight and poor performance of some
contract guards responding to criminal incidents. In addition, several
FPS inspectors we interviewed reported difficulty finding time to
adequately oversee contract guards in conjunction with their other
responsibilities, which include completing building security
assessments for numerous buildings and responding to criminal
incidents. For example, in one region we visited, inspectors stated
that FPS regional management instructed them to conduct contract guard
inspections over the telephone, instead of in person. We also found
that, in many of the regions we visited, FPS officers and inspectors
are not always on duty during times when contract guards are protecting
federal facilities, such as at buildings with 24 hour and weekend guard
coverage, limiting their ability to ensure guards are performing their
duties. At one level IV facility, for example, 20 handguns were stolen
from a contract guard office with the assistance of a contract guard.
FPS officials in one region said that reduced duty hours significantly
limit their ability to oversee guards and ensure they are performing
their mission. For example, according to this official, some contract
guards could be sleeping while on duty in federal buildings but FPS is
not able to stop it because of its inability to inspect locations
during off-hours.
FPS officials also questioned the quality of the security services
provided by many contract guard companies, observing that many guards
are poorly trained and are reluctant to act in emergency situations.
For example, according to federal law enforcement and GSA officials
from one of the regions we visited, contract guards failed to report
the theft of a federal law enforcement agency's large surveillance
trailer worth over $500,000, even though security cameras captured the
trailer being stolen while guards were on duty. The federal law
enforcement agency did not realize the trailer was missing until three
days later. Only after the federal law enforcement agency started
making inquiries did the guards report the theft to that agency and
FPS. During another incident, FPS officials reported contract guards--
who were armed --taking no action as a shirtless suspect wearing
handcuffs on one arm ran through the lobby of a level IV building while
being chased by a FPS inspector. Additionally, GAO officials personally
witnessed an incident in which an individual attempted to enter a level
IV facility with illegal weapons. According to FPS policies, contract
guards are required to confiscate illegal weapons, detain and question
the individual, and to notify FPS. In this instance, the weapons were
not confiscated, the individual was not detained or questioned, FPS was
not notified, and the individual was allowed to leave with the weapons.
Finally, according to FPS officials, contract guards generally do not
have the training to detect suspicious terrorist or criminal activity
and generally are not authorized to make arrests in most cities. FPS
inspectors and officers also said contract guards have limited
capability to deter crimes around federal buildings since guards are
required to stay at fixed posts or, in some cases, may patrol limited
portions of a building's perimeter. In addition, officials reported
instances in which large trucks or suspicious individuals were parked
outside federal facilities for long periods of time without being
approached by guards.
Memoranda of Agreement with Local Law Enforcement Not Reached and
Jurisdictional Issues are Not Resolved:
To protect the over one million employees as well as members of the
public that work in and visit federal facilities, FPS is converting its
current workforce to an inspector-based force and has stated it will
rely more on local police departments to handle crime and protection
issues at federal facilities. At about 380 federal facilities across
the United States the federal government has exclusive federal
jurisdiction[Footnote 3] and it is unclear if local police have the
authority to respond to incidents inside those facilities. However, FPS
has not entered into any memoranda of agreement for increased law
enforcement assistance at federal facilities. In most of the cities we
visited, local law enforcement officials said they would not enter into
any agreements with FPS that involve increased responsibility for
protecting federal facilities because of liability concerns, existing
shortages of staff, and high levels of crime in their cities that would
make it difficult to divert resources away from their primary mission.
For example, local law enforcement officials from one location we
visited said they are significantly understaffed and overburdened with
their current mission and would not be able to take responsibility for
protecting federal facilities. At another location, senior officials
from a local precinct just blocks from a level IV federal facility were
not aware of the operational and staffing changes FPS is implementing.
Concluding Observations:
As stated earlier, our results are preliminary. We plan to provide this
Subcommittee with our complete evaluation and a final report on FPS'
facility protection efforts in May 2008. We plan to begin our review of
FPS' contract guard program as requested by this Subcommittee and other
congressional committees in the near future.
Agency Comments:
We provided a draft of the testimony to DHS for review by FPS and ICE.
FPS and ICE commented that the report was fair and generally agreed
with our preliminary findings.
This concludes our testimony. We are pleased to answer any questions
you might have.
Contact Information:
For further information on this testimony, please contact Mark
Goldstein at 202-512-2834 or by email at goldsteinm@gao.gov.
Individuals making key contributions to this testimony include Daniel
Cain, Tammy Conquest, Katie Hamer, Daniel Hoy, and Susan Michal-Smith.
[End of section]
Footnotes:
[1] 40 U.S.C.§1315
[2] Building Security Assessments (BSA) are conducted periodically
according to a schedule based upon each building's threat level. For
example, a level IV building receives a BSA every 2 years, a level III
building receives a BSA every 3 years, a level II building receives a
BSA every 4 years, and a level I building receives a BSA every 5 years.
[3] The United States Constitution provides that Congress has the power
to exercise exclusive jurisdiction in all cases in lands within a state
purchased by the United States with the consent of the state for
various purposes, including buildings (Article 1, Section 8, Clause 17
and 40 U.S.C. § 3112). If a crime is committed in an area under
exclusive federal jurisdiction, federal criminal law applies to the
exclusion of the state law.
[End of section]
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