[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 317 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 317

     To reform Customs Service operations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To reform Customs Service operations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customs Inspector Benefit Reform Act 
of 1993''.

SEC. 2. OVERTIME AND PREMIUM PAY FOR CUSTOMS OFFICERS.

    (a) In General.--Section 5 of the Act of February 13, 1911 (19 
U.S.C. 261 and 267) is amended to read as follows:

``SEC. 5. OVERTIME AND PREMIUM PAY FOR CUSTOMS OFFICERS.

    ``(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.
                    ``(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) 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 occur 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 occur 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 100 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) 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) Regulations.--The Secretary of the Treasury shall prescribe 
such regulations as are necessary or appropriate to carry out this 
section, including regulations--
            ``(1) to ensure that callback work assignments are 
        commensurate with the overtime pay authorized for such work; 
        and
            ``(2) to prevent the disproportionate 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.''.
    (b) Conforming Amendments.--
            (1) Section 2 of the Act of June 3, 1944 (19 U.S.C. 1451a), 
        is repealed.
            (2) Section 450 of the Tariff Act of 1930 (19 U.S.C. 1450) 
        is amended--
                    (A) by striking out ``at night'' in the section 
                heading and inserting ``during overtime hours'';
                    (B) by striking out ``at night'' and inserting 
                ``during overtime hours''; and
                    (C) by inserting ``aircraft,'' immediately before 
                ``vessel''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
apply to customs inspectional services provided on or after the date 
occurring 90 days after the date of the enactment of this Act.

SEC. 3. FOREIGN LANGUAGE PROFICIENCY AWARDS FOR CUSTOMS OFFICERS.

    Cash awards for foreign language proficiency may, under regulations 
prescribed by the Secretary of the Treasury, be paid to customs 
officers (as referred to in section 5(e)(1) of the Act of February 13, 
1911) to the same extent and in the same manner as would be allowable 
under subchapter III of chapter 45 of title 5, United States Code, with 
respect to law enforcement officers (as defined by section 4521 of such 
title).

SEC. 4. APPROPRIATIONS REIMBURSEMENTS FROM THE CUSTOMS USER FEE 
              ACCOUNT.

    Section 13031(f)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)) is amended by amending 
clause (i) of subparagraph (A) to read as follows:
            ``(i) in--
                    ``(I) paying overtime compensation and premium pay 
                under section 5 (a) and (b) of the Act of February 13, 
                1911,
                    ``(II) paying necessary expenses for agency 
                contributions to the Civil Service Retirement and 
                Disability Fund or the Federal Employees Retirement 
                System to match deductions from the overtime 
                compensation paid under subclause (I), and
                    ``(III) providing all preclearance services for 
                which the recipients of such services are not required 
                to reimburse the Secretary of the Treasury, and''.

SEC. 5. TREATMENT OF CERTAIN PAY OF CUSTOMS OFFICERS FOR RETIREMENT 
              PURPOSES.

    (a) In General.--Section 8331(3) of title 5, United States Code, is 
amended--
            (1) by striking out ``and'' at the end of subparagraph (C);
            (2) by striking out the semicolon at the end of 
        subparagraph (D) and inserting ``; and'';
            (3) by adding after subparagraph (D) the following:
                    ``(E) with respect to a customs officer (referred 
                to in subsection (e)(1) of section 5 of the Act of 
                February 13, 1911), compensation for overtime 
                inspectional services provided for under subsection (a) 
                of such section 5, but not to exceed 50 percent of any 
                statutory maximum in overtime pay for customs officers 
                which is in effect for the year involved;''; and
            (4) by striking out ``subparagraphs (B), (C), and (D) of 
        this paragraph,'' and inserting ``subparagraphs (B), (C), (D), 
        and (E) of this paragraph''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date of the enactment of this Act and apply only with 
respect to service performed on or after such date.

SEC. 6. REPORTS.

    (a) Customs User Fee Account Reports.--Subparagraph (D) of section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)(D)) is amended to read as follows:
    ``(D) At the close of each fiscal year, the Secretary of the 
Treasury shall submit a report to the Committee on Finance of the 
Senate and the Committee on Ways and Means of the House of 
Representatives--
            ``(i) containing a detailed accounting of all expenditures 
        from the Customs User Fee Account during such year, including a 
        summary of the expenditures, on a port-by-port basis, for which 
        reimbursement has been provided under subparagraph (A)(ii); and
            ``(ii) containing a listing of all callback assignments of 
        customs officers for which overtime compensation was paid under 
        section 5(a) of the Act of February 13, 1911, and that were 
        less than 1 hour in duration.''.
    (b) Other Reports.--
            (1) GAO report.--The Comptroller General of the United 
        States shall undertake--
                    (A) an evaluation of the appropriateness and 
                efficiency of the customs user fee laws for financing 
                the provision of customs inspectional services; and
                    (B) a study to determine whether cost savings in 
                the provision of overtime inspectional services could 
                be realized by the United States Customs Service 
                through the use of additional inspectors as opposed to 
                continuing the current practice of relying on overtime 
                pay.
        The Comptroller General shall submit a report on the evaluation 
        and study required under this subsection to the Committees by 
        no later than the 1st anniversary of the date of the enactment 
        of this Act.
            (2) Treasury recommendation.--On the day that the President 
        submits the budget for the United States Government for fiscal 
        year 1994 to the Congress under section 1105(a) of title 31, 
        United States Code, the Secretary of the Treasury shall submit 
        to the Committees recommended legislative proposals for 
        improving the operation of customs user fee laws in financing 
        the provision of customs inspectional services.
            (3) Definition of committees.--For purposes of this 
        subsection, the term ``Committees'' means the Committee of Ways 
        and Means of the House of Representatives and the Committee on 
        Finance of the Senate.

SEC. 7. HAZARDOUS DUTY DIFFERENTIAL.

    (a) In General.--Notwithstanding section 5545(d) of title 5, United 
States Code, in the administration of such section, the Commissioner of 
Customs of the United States Customs Service may designate hazardous 
duty functions for the purpose of paying hazardous duty differentials 
to customs officers.
    (b) Definition.--For purposes of this section 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.
    (c) Effective Date.--This section shall take effect and apply to 
inspectional services provided on or after October 1, 1993.

SEC. 8. SPECIAL PAY ADJUSTMENT FOR CUSTOMS SERVICE EMPLOYEES.

    (a) In General.--Section 405 of the Federal Employees Pay 
Comparability Act of 1990 (5 U.S.C. 5305 note; 104 Stat. 1466) is 
amended by adding at the end thereof the following new subsection:
    ``(d)(1) The provisions of subsection (a) shall apply to customs 
officers.
    ``(2) For purposes of this section the appropriate agency head for 
prescribing regulations shall be the Secretary of the Treasury.
    ``(3) For purposes of this section 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.''.
    (b) Effective Date.--
            (1) In general.--Subject to the provisions of paragraph 
        (2), the amendment made by this section shall be effective on 
        and after the first day of the first applicable pay period 
        beginning on or after October 1, 1993.
            (2) Regulations.--The Secretary of the Treasury may 
        prescribe regulations after the date of the enactment of this 
        section to provide for the implementation of the amendment made 
        by this section on or after the effective date under paragraph 
        (1).

SEC. 9. CUSTOMS INSPECTOR AND CANINE ENFORCEMENT OFFICER CREDITABLE 
              SERVICE FOR RETIREMENT.

    (a) Designation of Arduous Enforcement Positions.--The Commissioner 
of Customs (hereafter in this section referred to as the 
``Commissioner'') may designate positions in the Customs Service as 
arduous enforcement positions. An arduous enforcement position may only 
be filled by an employee who--
            (1) is a customs inspector or canine enforcement officer;
            (2) is capable of performing duties which are sufficiently 
        rigorous that employment opportunities should be limited to 
        young and physically vigorous individuals, as determined by the 
        Commissioner;
            (3) is less than 57 years of age;
            (4) qualifies in firearms tests conducted on a quarterly 
        basis under regulations promulgated by the Commissioner; and
            (5) qualifies in all physical fitness standards under 
        regulations promulgated by the Commissioner that are generally 
        applicable to all Federal law enforcement officers.
    (b) Removal From Arduous Enforcement Position.--A customs inspector 
or canine enforcement officer who fails to qualify on any quarterly 
firearms test as required under subsection (a)(4) or fails to maintain 
the physical fitness standards under subsection (a)(5) shall be removed 
from an arduous enforcement position. Such inspector or officer may not 
be assigned to an arduous enforcement position for a period of no less 
than 6 months.
    (c) Civil Service Retirement System.--
            (1) Definitions.--Section 8331 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (25) by striking out ``and'' after 
                the semicolon;
                    (B) in paragraph (26) by striking out the period 
                and inserting in lieu thereof a semicolon and ``and''; 
                and
                    (C) by adding at the end thereof the following new 
                paragraph:
            ``(27) `designated customs inspector' means a customs 
        inspector or canine enforcement officer who is serving in an 
        arduous enforcement position as designated by the Commissioner 
        of Customs under section 9 of the Customs Inspector Benefit 
        Reform Act of 1993.''.
            (2) Creditable service.--Section 8332 of title 5, United 
        States Code, is amended by adding at the end thereof the 
        following new subsection:
    ``(o)(1) For purposes of this chapter, and subject to the 
provisions of this subsection, a designated customs inspector shall 
receive 1\1/2\ years of creditable service for each year of actual 
service as a designated customs inspector. Such service shall be based 
on full years and twelfth parts thereof, excluding from the aggregate 
the fractional part of a month, if any.
    ``(2) The provisions of paragraph (1) shall not apply to any 
customs inspector or canine enforcement officer unless such inspector 
or officer has no less than 5 years of actual service as an employee 
(which is otherwise creditable service under this section).
    ``(3) No customs inspector or canine enforcement officer may be 
credited with more than 20 years of creditable service under the 
provisions of paragraph (1).
    ``(4) This subsection shall not be construed to give any customs 
inspector or canine enforcement officer credit for both service as such 
inspector or officer and service as a designated customs inspector 
during any specified time period.''.
            (3) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in the first sentence of subsection (a)(1) by 
                inserting ``designated customs inspector,'' after ``law 
                enforcement officer,''; and
                    (B) in the table under subsection (c) by inserting 
                after the item relating to law enforcement officers and 
                firefighters the following new item:


             ``Designated customs inspector for designated                          After September 30, 1993.''.
              customs inspector service..........................  7\1/2\.....                                  
                                                                                                                

            (4) Computation of annuity.--Section 8339 of title 5, 
        United States Code, is amended by adding at the end thereof the 
        following new subsection:
    ``(r) The annuity of an employee with creditable service under 
section 8332(o) retiring under this subchapter is computed under 
subsection (a) of this section, except the annuity of such employee is 
computed with respect to the service credited under section 8322(o)(1) 
as a designated customs inspector by multiplying 2\1/2\ percent of his 
average pay by the years of that service.''.
            (5) Application.--The amendments made by this subsection 
        shall be effective on and after October 1, 1993, and shall 
        apply with regard to service performed by a customs inspector 
        or canine enforcement officer in an arduous enforcement 
        position on and after such date.
    (d) Federal Employees Retirement System.--
            (1) Definitions.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (31) by striking out ``and'' after 
                the semicolon;
                    (B) in paragraph (32) by striking out the period 
                and inserting in lieu thereof a semicolon and ``and''; 
                and
                    (C) by adding at the end thereof the following new 
                paragraph:
            ``(33) `designated customs inspector' means a customs 
        inspector or canine enforcement officer who is serving in an 
        arduous enforcement position as designated by the Commissioner 
        of Customs under section 9 of the Customs Inspector Benefit 
        Reform Act of 1993.''.
            (2) Creditable service.--Section 8411 of title 5, United 
        States Code, is amended by adding at the end thereof the 
        following new subsection:
    ``(h)(1) For purposes of this chapter, and subject to the 
provisions of this subsection, a designated customs inspector shall 
receive 1\1/2\ years of creditable service for each year of actual 
service as a designated customs inspector. Such service shall be based 
on full years and twelfth parts thereof, excluding from the aggregate 
the fractional part of a month, if any.
    ``(2) The provisions of paragraph (1) shall not apply to any 
customs inspector or canine enforcement officer unless such inspector 
or officer has no less than 5 years of actual service as an employee 
(which is otherwise creditable service under this section).
    ``(3) No customs inspector or canine enforcement officer may be 
credited with more than 20 years of creditable service under the 
provisions of paragraph (1).
    ``(4) This subsection shall not be construed to give any customs 
inspector or canine enforcement officer credit for both service as such 
inspector or officer and service as a designated customs inspector 
during any specified time period.''.
            (3) Deductions from pay.--Section 8422(a)(2)(B) of title 5, 
        United States Code, is amended by inserting ``designated 
        customs inspector,'' after ``law enforcement officer,''.
            (4) Government contributions.--Section 8423(a) is amended--
                    (A) in paragraph (1)(B) by inserting ``designated 
                customs inspector,'' after ``law enforcement 
                officer,''; and
                    (B) in paragraph (3)(A) by inserting ``designated 
                customs inspector,'' after ``law enforcement 
                officer,''.
            (5) Computation of annuity.--Section 8415 of title 5, 
        United States Code, is amended--
                    (A) in subsection (g)(2) by inserting ``designated 
                customs inspector,'' after ``law enforcement 
                officer,''; and
                    (B) by adding at the end thereof the following new 
                subsection:
    ``(h) The annuity of an employee with creditable service under 
section 8411(h) retiring under this subchapter is computed under 
subsection (a) of this section, except the annuity of such employee is 
computed with respect to the service credited under section 8411(h)(1) 
as a designated customs inspector by multiplying 1\7/10\ percent of his 
average pay by the years of that service.''.
            (6) Application.--The amendments made by this subsection 
        shall be effective on and after October 1, 1993, and shall 
        apply with regard to service performed by a customs inspector 
        or canine enforcement officer in an arduous enforcement 
        position on and after such date.

SEC. 10. APPLICATION OF CUSTOMS SERVICE FEES TO PASSENGERS.

    (a) In General.--Subparagraph (A) of section 13031(b)(1) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(b)(1)(A)) is amended to read as follows:
            ``(A) the arrival of any passenger whose journey--
                    ``(i) originated in--
                            ``(I) a territory or possession of the 
                        United States; or
                    ``(ii) originated in the United States and was 
                limited to--
                            ``(I) territories and possessions of the 
                        United States; and
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to customs services rendered in regard to arriving 
passengers using transportation for which documents or tickets were 
issued after the date that is 90 days after the date of the enactment 
of this Act.

                                 <all>

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