cers, 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 $30,000 limitation imposed by
this paragraph, in addition to any overtime pay
that may be received pursuant to a waiver
under subparagraph (A).’’.
SEC. 122. CORRECTION RELATING TO 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 sentences: ‘‘Overtime pay pro-
vided under this subsection shall not be paid to any cus-
toms officer unless such officer actually performed work
during the time corresponding to such overtime pay. The
preceding sentence shall not apply with respect to the pay-
ment of an award or settlement to a customs officer who
was unable to perform overtime work as a result of a per-
sonnel action in violation of section 5596 of title 5, United
States Code, section 6(d) of the Fair Labor Standards Act
of 1938, or title VII of the Civil Rights Act of 1964.’’.
SEC. 123. CORRECTION RELATING TO PREMIUM PAY.
(a) IN GENERAL.—Section 5(b)(4) of the Act of Feb-
ruary 13, 1911 (19 U.S.C. 267(b)(4)), is amended by add-
ing after the first sentence the following new sentences:
‘‘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. The preceding sentence shall not apply with
respect to the payment of an award or settlement to a
customs officer who was unable to perform work during
the time described in the preceding sentence as a result
of a personnel action in violation of section 5596 of title
5, United States Code, section 6(d) of the Fair Labor
Standards Act of 1938, or title VII of the Civil Rights
Act of 1964.’’.
(b) CORRECTIONS RELATING TO NIGHT WORK DIF-
FERENTIAL PAY.—Section 5(b)(1) of such Act (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.
‘‘(C) MIDNIGHT TO 8 A.M.—If the regu-
larly scheduled work of a customs officer is 12
a.m. to 8:00 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 offi-
cer’s hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate.’’.
SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME
AND PREMIUM PAY FOR ADDITIONAL OVER-
TIME ENFORCEMENT ACTIVITIES OF THE
CUSTOMS SERVICE.
Section 5 of the Act of February 13, 1911 (19 U.S.C.
267), is amended—
(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) USE OF SAVINGS FROM PAYMENT OF OVERTIME
AND PREMIUM PAY
FOR ADDITIONAL OVERTIME EN-
FORCEMENT ACTIVITIES.—
‘‘(1) USE OF AMOUNTS.—For fiscal year 1999
and each subsequent fiscal year, the Secretary of the
Treasury—
‘‘(A) shall determine under paragraph (2)
the amount of savings from the payment of
overtime and premium pay to customs officers;
and
‘‘(B) shall use an amount from the Cus-
toms User Fee Account equal to such amount
determined under paragraph (2) for additional
overtime enforcement activities of the Customs
Service.
‘‘(2) DETERMINATION OF SAVINGS AMOUNT.—
For each fiscal year, the Secretary shall calculate an
amount equal to the difference between—
‘‘(A) the estimated cost for overtime and
premium pay that would have been incurred
during that fiscal year if this section, as in ef-
fect on the day before the date of the enact-
ment of sections 122 and 123 of the Trade
Agency Authorization, Drug Free Borders, and
On-Line Child Pornography Prevention Act of
1999, had governed such costs; and
‘‘(B) the actual cost for overtime and pre-
mium pay that is incurred during that fiscal
year under this section, as amended by sections
122 and 123 of the Trade Agency Authoriza-
tion, Drug Free Borders, and On-Line Child
Pornography Prevention Act of 1999.’’.
SEC. 125. EFFECTIVE DATE.
This chapter, and the amendments made by this
chapter, shall apply with respect to pay periods beginning
on or after 15 days after the date of the enactment of
this Act.
CHAPTER 2—MISCELLANEOUS
PROVISIONS
SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL
PRACTICES OF THE CUSTOMS SERVICE.
(a) STUDY.—The Commissioner of Customs shall
conduct a study of current personnel practices of the Cus-
toms Service, including an overview of performance stand-
ards and the effect and impact of the collective bargaining
process on drug interdiction efforts of the Customs Service
and a comparison of duty rotation policies of the Customs
Service and other Federal agencies that employ similarly-
situated personnel.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Commissioner of Cus-
toms shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on