                        TITLE 19--CUSTOMS DUTIES
 
              CHAPTER 3--THE TARIFF AND RELATED PROVISIONS
 
                   SUBTITLE IV--CUSTOMS ADMINISTRATION
 
                        Administrative Provisions
 
       part 2--report, entry, and unlading of vessels and vehicles
 
Sec. 267. Overtime and premium pay for customs officers


(a) Overtime pay

                           (1) In general

        Subject to paragraph (2) and subsection (c) of this section, a 
    customs officer who is officially assigned to perform work in excess 
    of 40 hours in the administrative workweek of the officer or in 
    excess of 8 hours in a day shall be compensated for that work at an 
    hourly rate of pay that is equal to 2 times the hourly rate of the 
    basic pay of the officer. For purposes of this paragraph, the hourly 
    rate of basic pay for a customs officer does not include any premium 
    pay provided for under subsection (b) of this section.

    (2) Special provisions relating to overtime work on callback 
                                    basis

        (A) Minimum duration

            Any work for which compensation is authorized under 
        paragraph (1) and for which the customs officer is required to 
        return to the officer's place of work shall be treated as being 
        not less than 2 hours in duration; but only if such work begins 
        at least 1 hour after the end of any previous regularly 
        scheduled work assignment and ends at least 1 hour before the 
        beginning of the following regularly scheduled work assignment.

        (B) Compensation for commuting time

            (i) In general

                Except as provided in clause (ii), in addition to the 
            compensation authorized under paragraph (1) for work to 
            which subparagraph (A) applies, the customs officer is 
            entitled to be paid, as compensation for commuting time, an 
            amount equal to 3 times the hourly rate of basic pay of the 
            officer.
            (ii) Exception

                Compensation for commuting time is not payable under 
            clause (i) if the work for which compensation is authorized 
            under paragraph (1)--
                    (I) does not commence within 16 hours of the customs 
                officer's last regularly scheduled work assignment, or
                    (II) commences within 2 hours of the next regularly 
                scheduled work assignment of the customs officer.

(b) Premium pay for customs officers

                     (1) Night work differential

        (A) 3 p.m. to midnight shiftwork

            If the majority of the hours of regularly scheduled work of 
        a customs officer occurs during the period beginning at 3 p.m. 
        and ending at 12 a.m., the officer is entitled to pay for work 
        during such period (except for work to which paragraph (2) or 
        (3) applies) at the officer's hourly rate of basic pay plus 
        premium pay amounting to 15 percent of that basic rate.

        (B) 11 p.m. to 8 a.m. shiftwork

            If the majority of the hours of regularly scheduled work of 
        a customs officer occurs during the period beginning at 11 p.m. 
        and ending at 8 a.m., the officer is entitled to pay for work 
        during such period (except for work to which paragraph (2) or 
        (3) applies) at the officer's hourly rate of basic pay plus 
        premium pay amounting to 20 percent of that basic rate.

        (C) 7:30 p.m. to 3:30 a.m. shiftwork

            If the regularly scheduled work assignment of a customs 
        officer is 7:30 p.m. to 3:30 a.m., the officer is entitled to 
        pay for work during such period (except for work to which 
        paragraph (2) or (3) applies) at the officer's hourly rate of 
        basic pay plus premium pay amounting to 15 percent of that basic 
        rate for the period from 7:30 p.m. to 11:30 p.m. and at the 
        officer's hourly rate of basic pay plus premium pay amounting to 
        20 percent of that basic rate for the period from 11:30 p.m. to 
        3:30 a.m.

                       (2) Sunday differential

        A customs officer who performs any regularly scheduled work on a 
    Sunday that is not a holiday is entitled to pay for that work at the 
    officer's hourly rate of basic pay plus premium pay amounting to 50 
    percent of that basic rate.

                      (3) Holiday differential

        A customs officer who performs any regularly scheduled work on a 
    holiday is entitled to pay for that work at the officer's hourly 
    rate of basic pay plus premium pay amounting to 100 percent of that 
    basic rate.

                    (4) Treatment of premium pay

        Premium pay provided for under this subsection may not be 
    treated as being overtime pay or compensation for any purpose.

(c) Limitations

                         (1) Fiscal year cap

        The aggregate of overtime pay under subsection (a) of this 
    section (including commuting compensation under subsection (a)(2)(B) 
    of this section) and premium pay under subsection (b) of this 
    section that a customs officer may be paid in any fiscal year may 
    not exceed $25,000; except that the Commissioner of Customs or his 
    designee may waive this limitation in individual cases in order to 
    prevent excessive costs or to meet emergency requirements of the 
    Customs Service.

              (2) Exclusivity of pay under this section

        A customs officer who receives overtime pay under subsection (a) 
    of this section or premium pay under subsection (b) of this section 
    for time worked may not receive pay or other compensation for that 
    work under any other provision of law.

(d) Regulations

    The Secretary of the Treasury shall promulgate regulations to 
prevent--
        (1) abuse of callback work assignments and commuting time 
    compensation authorized under subsection (a)(2) of this section; and
        (2) the disproportionately more frequent assignment of overtime 
    work to customs officers who are near to retirement.

(e) Definitions

    As used in this section:
        (1) The term ``customs officer'' means an individual performing 
    those functions specified by regulation by the Secretary of the 
    Treasury for a customs inspector or canine enforcement officer. Such 
    functions shall be consistent with such applicable standards as may 
    be promulgated by the Office of Personnel Management.
        (2) The term ``holiday'' means any day designated as a holiday 
    under a Federal statute or Executive order.

(Feb. 13, 1911, ch. 46, Sec. 5, 36 Stat. 901; Feb. 7, 1920, ch. 61, 41 
Stat. 402; Pub. L. 91-271, title III, Sec. 316, June 2, 1970, 84 Stat. 
293; Pub. L. 103-66, title XIII, Sec. 13811(a), Aug. 10, 1993, 107 Stat. 
668.)

                          Codification

    Section derived from R.S. Sec. 2872, as amended by act June 26, 
1884, ch. 121, Sec. 25, 23 Stat. 59.
    Prior to the general revision of section 5 of act Feb. 13, 1911, by 
section 13811(a) of Pub. L. 103-66, provisions of section 5 of act Feb. 
13, 1911, relating to extra compensation for boarding officers 
performing services at night or on Sundays and holidays, were classified 
to section 261 of this title.


                               Amendments

    1993--Pub. L. 103-66 amended section generally, substituting 
provisions relating to overtime and premium pay for customs officers for 
provisions relating to fixing of working hours and overtime compensation 
by Secretary of the Treasury.
    1970--Pub. L. 91-271 substituted references to the appropriate 
customs officer for references to the collector of customs wherever 
appearing, and struck out reference to inspectors, storekeepers, 
weighers, and other customs officers and employees.


                    Effective Date of 1993 Amendment

    Section 13811(c) of Pub. L. 103-66 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1450 
of this title, repealing section 1451a of this title, and omitting 
provisions formerly set out as section 261 of this title] apply to 
customs inspectional services provided on or after January 1, 1994.''


                    Effective Date of 1970 Amendment

    For effective date of amendment by Pub. L. 91-271, see section 203 
of Pub. L. 91-271, set out as a note under section 1500 of this title.

                          Transfer of Functions

    Functions of all officers of Department of the Treasury and 
functions of all agencies and employees of such Department transferred, 
with certain exceptions, to Secretary of the Treasury, with power vested 
in him to authorize their performance or performance of any of his 
functions, by any of those officers, agencies, and employees, by Reorg. 
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 
Stat. 1280, 1281, set out in the Appendix to Title 5, Government 
Organization and Employees. Customs officers, referred to in this 
section, are under Department of the Treasury.

                  Section Referred to in Other Sections

    This section is referred to in sections 58c, 267a, 1451 of this 
title; title 5 sections 5549, 8331.
