I
103D CONGRESS
1ST SESSION
H. R. 477
To reform Customs Service operations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1993
Mr. RANGEL introduced the following bill; which was referred jointly to the
Committees on Ways and Means and Post Office and Civil Service
A BILL
To reform Customs Service operations, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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 OFFI-
CERS.
(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 OF-
FICERS.
‘‘(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 ex-
cess 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 offi-
cer. 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 OVER-
TIME WORK ON CALLBACK BASIS.—
‘‘(A) MINIMUM DURATION.—Any work for
which compensation is authorized under para-
graph (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 regu-
larly scheduled work assignment.
‘‘(B) COMPENSATION
FOR
COMMUTING
TIME.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in addition to the com-
pensation authorized under paragraph (1)
for work to which subparagraph (A) ap-
plies, 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 compensa-
tion is authorized under paragraph (1)
commences within 2 hours of the next reg-
ularly 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 pe-
riod 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 para-
graph (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 pe-
riod 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 para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 20 percent of that basic rate.
‘‘(2) SUNDAY DIFFERENTIAL.—A customs offi-
cer 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 offi-
cer who performs any regularly scheduled work on a
holiday is entitled to pay for that work at the offi-
cer’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 sub-
section (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 appro-
priate 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 indi-
vidual performing those functions specified by regu-
lation by the Secretary of the Treasury for a cus-
toms 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 des-
ignated as a holiday under a Federal statute or Ex-
ecutive 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 OVER-
TIME HOURS’’;
(B) by striking out ‘‘at night’’ and insert-
ing ‘‘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 serv-
ices 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 OFFI-
CERS 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 sub-
paragraph (C);
(2) by striking out the semicolon at the end of
subparagraph (D) and inserting ‘‘; and’’;
(3) by adding after subparagraph (D) the fol-
lowing:
‘‘(E) with respect to a customs officer (re-
ferred 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 ‘‘subpara-
graphs (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 per-
formed on or after such date.
SEC. 6. REPORTS.
(a) CUSTOMS USER FEE ACCOUNT REPORTS.—Sub-
paragraph (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 ex-
penditures from the Customs User Fee Account dur-
ing such year, including a summary of the expendi-
tures, on a port-by-port basis, for which reimburse-
ment has been provided under subparagraph (A)(ii);
and
‘‘(ii) containing a listing of all callback assign-
ments of customs officers for which overtime com-
pensation 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 sav-
ings 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 sub-
section 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 legis-
lative proposals for improving the operation of cus-
toms user fee laws in financing the provision of cus-
toms inspectional services.
(3) DEFINITION
OF
COMMITTEES.—For pur-
poses of this subsection, the term ‘‘Committees’’
means the Committee of Ways and Means of the
House of Representatives and the Committee on Fi-
nance 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 dif-
ferentials 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 enforce-
ment 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 Oc-
tober 1, 1993.
SEC. 8. SPECIAL PAY ADJUSTMENT FOR CUSTOMS SERVICE
EMPLOYEES.
(a) IN GENERAL.—Section 405 of the Federal Em-
ployees Pay Comparability Act of 1990 (5 U.S.C. 5305
note) is amended by adding at the end thereof the follow-
ing 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 Sec-
retary 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 Person-
nel 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 Oc-
tober 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 im-
plementation 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 RETIRE-
MENT.
(a) DESIGNATION OF ARDUOUS ENFORCEMENT PO-
SITIONS.—The Commissioner of Customs (hereafter in
this section referred to as the ‘‘Commissioner’’) may des-
ignate positions in the Customs Service as arduous en-
forcement positions. An arduous enforcement position may
only be filled by an employee who—
(1) is a customs inspector or canine enforce-
ment 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 en-
forcement officers.
(b) REMOVAL FROM ARDUOUS ENFORCEMENT POSI-
TION.—A customs inspector or canine enforcement officer
who fails to qualify on any quarterly firearms test as re-
quired 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 in-
spector or officer may not be assigned to an arduous en-
forcement 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 fol-
lowing 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 in-
spector shall receive 11⁄2 years of creditable service for
each year of actual service as a designated customs inspec-
tor. 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 un-
less such inspector or officer has no less than 5 years of
actual service as an employee (which is otherwise cred-
itable service under this section).
‘‘(3) No customs inspector or canine enforcement of-
ficer may be credited with more than 20 years of cred-
itable 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 DEPOS-
ITS.—Section 8334 of title 5, United States Code, is
amended—
(A) in the first sentence of subsection
(a)(1) by inserting ‘‘designated customs inspec-
tor,’’ after ‘‘law enforcement officer,’’; and
(B) in the table under subsection (c) by in-
serting after the item relating to law enforce-
ment officers and firefighters the following new
item:
‘‘Designated customs inspector for
designated 
customs 
inspector
service ..........................................
71⁄2......
After September 31, 1993.’’.
(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 serv-
ice 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 des-
ignated customs inspector by multiplying 21⁄2 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 Octo-
ber 1, 1993, and shall apply with regard to service
performed by a customs inspector or canine enforce-
ment 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 fol-
lowing 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 in-
spector shall receive 11⁄2 years of creditable service for
each year of actual service as a designated customs inspec-
tor. 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 un-
less such inspector or officer has no less than 5 years of
actual service as an employee (which is otherwise cred-
itable service under this section).
‘‘(3) No customs inspector or canine enforcement of-
ficer may be credited with more than 20 years of cred-
itable 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 inspec-
tor,’’ after ‘‘law enforcement officer,’’.
(4) GOVERNMENT
CONTRIBUTIONS.—Section
8423(a) is amended—
(A) in paragraph (1)(B) by inserting ‘‘des-
ignated customs inspector,’’ after ‘‘law enforce-
ment officer,’’; and
(B) in paragraph (3)(A) by inserting ‘‘des-
ignated customs inspector,’’ after ‘‘law enforce-
ment officer,’’.
(5) COMPUTATION OF ANNUITY.—Section 8415
of title 5, United States Code, is amended—
(A) in subsection (g)(2) by inserting ‘‘des-
ignated customs inspector,’’ after ‘‘law enforce-
ment officer,’’; and
(B) by adding at the end thereof the fol-
lowing new subsection:
‘‘(h) The annuity of an employee with creditable serv-
ice 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 des-
ignated customs inspector by multiplying 17⁄10 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 Octo-
ber 1, 1993, and shall apply with regard to service
performed by a customs inspector or canine enforce-
ment officer in an arduous enforcement position on
and after such date.
Æ
HR 477 IH——2