19 U.S.C. § 267

Overtime and premium pay for customs officers

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(a) Overtime pay(1) In general

Subject to paragraph (2) and subsection (c), 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).

(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) ExceptionCompensation 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.

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.

The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection 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) or premium pay under subsection (b) for time worked may not receive pay or other compensation for that work under any other provision of law.

(d) RegulationsThe Secretary of the Treasury shall promulgate regulations to prevent—(1) abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and(2) the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement.(e) DefinitionsAs 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, § 5, 36 Stat. 901; Feb. 7, 1920, ch. 61, 41 Stat. 402; Pub. L. 91–271, title III, § 316, June 2, 1970, 84 Stat. 293; Pub. L. 103–66, title XIII, § 13811(a), Aug. 10, 1993, 107 Stat. 668; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)Editorial NotesCodification

Section derived from R.S. § 2872, as amended by act June 26, 1884, ch. 121, § 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.

Statutory Notes and Related SubsidiariesChange of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in subsec. (c)(1) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13811(c), Aug. 10, 1993, 107 Stat. 670, 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

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Executive DocumentsTransfer 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, §§ 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, were under Department of the Treasury.

Notes of Decisions

Cited in 32 cases (2 in the last 5 years), 1941–2026 · leading case: Bull v. United States, 479 F.3d 1365 (Fed. Cir. 2007).

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Bull v. United States, 479 F.3d 1365 (Fed. Cir. 2007). · cites it 12× “That legislation was written to provide double-time pay rates for “officially assigned” work in excess of forty hours per week or eight hours in a day, see 19 U.S.C. § 267 (a)(1), and to replace the 1911 Act’s half-day increments for night work and two-day increments for…”

Bull v. United States, 63 Fed. Cl. 580 (Fed. Cl. 2005). · cites it 7× “at 7 (quoting 19 U.S.C. § 267 ). These provisions were supplanted by COPRA.”

Gilman J. Chasse v. Robert E. Chasen, 595 F.2d 59 (1st Cir. 1979). · cites it 3× “§ 66 (1976) (which authorizes the Secretary of the Treasury to draft forms of entry, bonds, and regulations pertaining to collection of customs duties and the warehousing of goods) or 19 U.S.C. § 267 (1976) (which authorizes the Secretary to establish by regulation the rates of…”

Nat'l Treasury Employees Union v. George J. Weise, Comm'r, United States Customs Serv., 100 F.3d 157 (D.C. Cir. 1996). · cites it 6× “The union brought this action to challenge an interim rule of the Customs Service defining a “customs officer” entitled to receive overtime and premium pay under 19 U.S.C. § 267 , as revised in 1993. 1 The dis *158 trict court granted summary judgment in favor of the government,…”

Joseph T. Smith & Marie A. Smith v. Comm'r of Internal Revenue, 701 F.2d 807 (9th Cir. 1983). · cites it 3× “19 U.S.C. §§ 267 (1976), 1451 (Supp. V 1981).”

Grover v. Off. of Pers. Mgmt., 828 F.3d 1378 (Fed. Cir. 2016). “See 19 U.S.C. § 267 . For the years in question, that cap was $35,000.”

Laurens L. Delano v. The United States, 393 F.2d 517 (Ct. Cl. 1968). · cites it 3× “, provides inspection while the train is en route between Montreal and St. Albans. Since the legal principle is identical, wo will assume, in the opinion, that all plaintiffs were stationed at Rouses Point.”

Allyn v. United States, 198 Ct. Cl. 725 (Ct. Cl. 1972). · cites it 4× “V, 1965-69)), and the similar provision relating to “overtime” compensation for Customs Inspectors indicates by implication that it is applicable to employees of the Treasury *735 Department, since it confers upon the Secretary of the Treasury the authority to fix such…”

Almanza v. United States, 127 Fed. Cl. 521 (Fed. Cl. 2016). “The claims of the CBPOs, who allege that they are entitled to overtime pay and other related relief pursuant to the Customs Officer Pay Reform Act, 19 U.S.C. § 267 , or, in the alternative, the Fair Labor Standards Act (FLSA), as amended, 29 .”

Bull v. United States, 65 Fed. Cl. 407 (Fed. Cl. 2005). “II 2002), or the language “officially, assigned” in the overtime provision of the Customs Officers Pay Reform Act (COPRA) work, see 19 U.S.C. § 267 (a)(1) (2000), on which defendant relies.”

Int'l Ry. Co. v. Davidson, 65 F. Supp. 58 (W.D.N.Y. 1945). · cites it 2× “The Act was again amended in 1920 providing that extra compensation payable under Section 5 should be extended to cover overtime “in connection with the unloading, receiving, or examination of passengers’ baggage.”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 414 F.3d 50 (D.C. Cir. 2005). “(codified at 19 U.S.C. § 267 ). To implement COPRA, that same year Customs and the NTEU formed a joint labor-management committee, whose work culminated, two years later, with the NIAP.”

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