[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2262

To make certain modifications with respect to overtime pay and premium 
                        pay of customs officers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1997

  Mr. Crane introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To make certain modifications with respect to overtime pay and premium 
                        pay of customs officers.

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

SECTION 1. FISCAL YEAR CAP.

    Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) is amended to read as follows:
            ``(1) Fiscal year cap.--The aggregate of overtime pay under 
        subsection (a) (including commuting compensation under 
        subsection (a)(2)(B)) that a customs officer may be paid in any 
        fiscal year may not exceed $25,000, except that--
                    ``(A) the Commissioner of Customs or his or her 
                designee may waive this limitation in individual cases 
                in order to prevent excessive costs or to meet 
                emergency requirements of the Customs Service;
                    ``(B) upon certification by the Commissioner of 
                Customs to the Chairmen of the Committee on Ways and 
                Means of the House of Representatives and the Committee 
                on Finance of the Senate that the Customs Service has 
                in operation a system that provides accurate and 
                reliable data on a daily basis on overtime and premium 
                pay that is being paid to customs officers, the 
                Commissioner is authorized to pay any customs officer 
                for one work assignment that would result in the 
                overtime pay of that officer exceeding the $25,000 
                limitation imposed by this paragraph, in addition to 
                any overtime pay that may be received pursuant to a 
                waiver under subparagraph (A).''.

SEC. 2. RESTRICTION ON PAYMENT OF OVERTIME PAY.

    Section 5(a)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(a)(1)), is amended by inserting after the first sentence the 
following new sentence: ``Overtime pay provided under this subsection 
shall not be paid to any customs officer unless such officer actually 
performed work during the time corresponding to such overtime pay.''.

SEC. 3. PREMIUM PAY.

    (a) Restriction on Payment of Premium Pay.--Section 5(b)(4) of the 
Act of February 13, 1911 (19 U.S.C. 267(b)(4)), is amended by adding 
after the first sentence the following new sentence: ``Premium pay 
provided under this subsection shall not be paid to any customs officer 
unless such officer actually performed work during the time 
corresponding to such premium pay.''.
    (b) Revision of Night Work Differential Provisions.--Section 
5(b)(1) of the Act of February 13, 1911 (19 U.S.C. 267(b)(1)), is 
amended to read as follows:
            ``(1) Night work differential.--
                    ``(A) 6 p.m. to midnight.--If any hours of 
                regularly scheduled work of a customs officer occur 
                during the hours of 6 p.m. and 12 a.m., the officer is 
                entitled to pay for such hours of work (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) Midnight to 6 a.m.--If any hours of regularly 
                scheduled work of a customs officer occur during the 
                hours of 12 a.m. and 6 a.m., the officer is entitled to 
                pay for such hours of work (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.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act apply with respect to pay periods 
beginning on or after the date of the enactment of this Act.
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