19 U.S.C. § 267 — Overtime and premium pay for customs of-

Page 48 TITLE 19—CUSTOMS DUTIES §§ 234 to 239 Revised Statutes, consisting of R.S. §§ 2517 to 3129. For complete classification of R.S. §§ 2517 to 3129 to the Code, see Tables. CODIFICATION R.S. § 2769 derived from act Mar. 2, 1799, ch. 22, § 111, 1 Stat. 704. §§ 234 to 239. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930 Sections, act Sept. 21, 1922, ch. 356, title IV, § 402(a)–(f), 42 Stat. 949, 950, related to valuation of im- ported merchandise, ascertainment of foreign, export, United States value, cost of production, American sell- ing price and value at date of shipment. Provisions of Tariff Act of 1930 corresponding to sec- tion 234, see section 1402(a) of this title; section 235, see section 1402(c) of this title; section 236, see section 1402(d) of this title; section 237, see section 1402(e) of this title; section 238, see section 1402(f) of this title; section 239, see section 1402(g) of this title. § 240. Value at date of shipment When the duty upon any imports shall be sub- ject to be levied upon the true market value of such imports in the principal markets of the country from whence the importation has been made, or at the port of exportation, the duty shall be estimated and collected upon the value on the day of actual shipment, whenever a bill of lading shall be presented showing the date of shipment, and which shall be certified by a cer- tificate of the United States consul or legally authorized deputy. (R.S. § 2904.) Editorial Notes CODIFICATION R.S. § 2904 derived from act Mar. 2, 1861, ch. 68, § 28, 12 Stat. 197. PART 2—REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES §§ 241 to 256. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930 Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 431–446, 42 Stat. 950–953, related to form and contents of mani- fests, clearance documents, bonds, permits and pen- alties for violation of same. Provisions of Tariff Act of 1930 corresponding to sec- tions 241 to 256, see sections 1431 to 1446 of this title, re- spectively. §§ 257, 258. Repealed. Pub. L. 91–654, § 3, Jan. 5, 1971, 84 Stat. 1945 Section 257, R.S. § 3114; acts Sept. 21, 1922, ch. 356, title IV, § 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, § 466, 46 Stat. 719, related to duties on equipments or re- pair parts for vessels. See section 1466(a) of this title. Section 258, R.S. § 3115; acts Sept. 21, 1922, ch. 356, title IV, § 466, 42 Stat. 957; June 17, 1930, ch. 497, title IV, § 466, 46 Stat. 719; Aug. 8, 1953, ch. 397, § 11(c), 67 Stat. 515, related to the remission of duties for necessary re- pairs. See section 1466(d) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 91–654, § 3, Jan. 5, 1971, 84 Stat. 1945, provided that the repeal by Pub. L. 91–654 is effective with re- spect to entries made in connection with arrivals of vessels on or after Jan. 5, 1971 (or treated under section 2 of Pub. L. 91–654, set out as a note under section 1466 of this title, as made on the day after such date). PROVISIONS INAPPLICABLE TO ENTRIES MADE IN CON- NECTION WITH ARRIVALS BEFORE JANUARY 5, 1971, OF VESSELS OPERATED BY OR FOR AGENCY OF UNITED STATES; REFUNDS AFTER AUGUST 7, 1974, BARRED AS TO DUTY PAYMENTS MADE BEFORE JANUARY 5, 1971, UNDER SECTION 257 Pub. L. 93–368, §§ 1, 2, Aug. 7, 1974, 88 Stat. 420, pro- vided: ‘‘That sections 3114 and 3115 of the Revised Stat- utes of the United States (19 U.S.C. 257 and 258) [former sections 257 and 258 of this title] shall not apply to en- tries made in connection with arrivals before January 5, 1971, of vessels owned by the United States, or bareboat chartered to the United States, and operated by or for the account of any department or agency of the United States. ‘‘SEC. 2. On or after the date of the enactment of this Act [Aug. 7, 1974], no department or agency of the United States shall be entitled to a refund of any duties paid before January 5, 1971, by any department or agen- cy of the United States under section 3114 of the Re- vised Statutes of the United States [section 257 of this title].’’ §§ 259, 260. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762 Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 447, 448, 42 Stat. 953, related to place of entry and unlading be- fore entry or report of arrival. Provisions of Tariff Act of 1930 corresponding to sec- tion 259, see section 1447 of this title; section 260, see section 1448 of this title. § 261. Omitted Editorial Notes CODIFICATION Section, acts Feb. 13, 1911, ch. 46, § 5, 36 Stat. 901; Feb. 7, 1920, ch. 61, 41 Stat. 402; Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 990; June 2, 1970, Pub. L. 91–271, title III, § 315, 84 Stat. 293, provided extra compensation for boarding officers performing services at night or on Sundays and holidays, prior to the general revision of section 5 of act Feb. 13, 1911, by section 13811(a) of Pub. L. 103–66, title XIII, Aug. 10, 1993, 107 Stat. 668. Section 5 of act Feb. 13, 1911, as amended by section 13811(a) of Pub. L. 103–66, is classified to section 267 of this title. §§ 262 to 266. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930 Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 449–453, 42 Stat. 954, 955, related to emergency cases of unlading bonds for special licenses and penalties for violation. Provisions of Tariff Act of 1930 corresponding to sec- tion 262, see section 1449 of this title; section 263, see section 1450 of this title; section 264, see section 1451 of this title; section 265, see section 1452 of this title; sec- tion 266, see section 1453 of this title. § 267. 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 ad- ministrative 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 Page 49 TITLE 19—CUSTOMS DUTIES § 267 equal to 2 times the hourly rate of the basic pay of the officer. For purposes of this para- graph, the hourly rate of basic pay for a cus- toms 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 au- thorized 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 be- fore the beginning of the following regularly scheduled work assignment. (B) Compensation for commuting time (i) In general Except as provided in clause (ii), in addi- tion to the compensation authorized under paragraph (1) for work to which subpara- graph (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)— (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 assign- ment 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. (C) 7:30 p.m. to 3:30 a.m. shiftwork If the regularly scheduled work assign- ment 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 regu- larly 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 pre- mium pay amounting to 50 percent of that basic rate. (3) Holiday differential A customs officer who performs any regu- larly 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 sub- section may not be treated as being overtime pay or compensation for any purpose. (c) Limitations (1) Fiscal year cap The aggregate of overtime pay under sub- section (a) (including commuting compensa- tion under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs offi- cer may be paid in any fiscal year may not ex- ceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in indi- vidual 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 re- ceive pay or other compensation for that work under any other provision of law. (d) Regulations The Secretary of the Treasury shall promul- gate regulations to prevent— (1) abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and (2) the disproportionately more frequent as- signment 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 in- dividual 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 pro- mulgated by the Office of Personnel Manage- ment. (2) The term ‘‘holiday’’ means any day des- ignated as a holiday under a Federal statute or Executive order. Page 50 TITLE 19—CUSTOMS DUTIES § 267a (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 Notes CODIFICATION 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 com- pensation 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, sub- stituting provisions relating to overtime and premium pay for customs officers for provisions relating to fix- ing of working hours and overtime compensation by Secretary of the Treasury. 1970—Pub. L. 91–271 substituted references to the ap- propriate customs officer for references to the collector of customs wherever appearing, and struck out ref- erence to inspectors, storekeepers, weighers, and other customs officers and employees. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ 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 sec- tion 1450 of this title, repealing section 1451a of this title, and omitting provisions formerly set out as sec- tion 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 li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 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 Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally 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 Documents TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury 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 Em- ployees. Customs officers, referred to in this section, were under Department of the Treasury. § 267a. Foreign language proficiency awards Cash awards for foreign language proficiency may, under regulations prescribed by the Sec- retary of the Treasury, be paid to customs offi- cers (as referred to in section 267(e)(1) of this title) to the same extent and in the same man- ner as would be allowable under subchapter III of chapter 45 of title 5 with respect to law en- forcement officers (as defined by section 4521 of such title). (Pub. L. 103–66, title XIII, § 13812(b), Aug. 10, 1993, 107 Stat. 671.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–66, title XIII, § 13812(c)(2), Aug. 10, 1993, 107 Stat. 671, provided that: ‘‘Subsection (b) [enacting this section] takes effect on January 1, 1994.’’ §§ 268 to 272. Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930 Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 454–458, 42 Stat. 955, 956, related to duties and compensation of boarding and discharging inspectors, custody of cargo not unladen promptly, unlading at risk of consignee and time for unlading bulk cargo. Provisions of Tariff Act of 1930 corresponding to sec- tion 268, see section 1455 of this title; section 269, see section 1456 of this title; section 270, see section 1457 of this title; section 271, none; section 272, see section 1458 of this title. §§ 273, 274. Repealed. Aug. 8, 1953, ch. 397, § 4(b), 67 Stat. 509 Sections, R.S. §§ 2885, 2886, required the containers of imported liquors or distilled spirits to be marked or scored at the port of landing with the capacity, wine gallons, proof, proof gallons, and other detailed infor- mation, such marks to be obliterated upon sale. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Act Aug. 8, 1953, ch. 397, § 1, 67 Stat. 507, provided that such act is effective, except as otherwise specifically provided for, on and after the thirtieth day following the date of its enactment (Aug. 8, 1953). The exception ‘‘except as otherwise specifically pro- vided for’’ apparently refers to the amendments made to the provisions preceding subd. (1) of section 1308 of this title and to section 1557(b) of this title, for which separate effective dates were provided as explained in notes under those sections. SAVINGS PROVISION For savings provision generally providing that the re- peal or modification of existing law by act Aug. 8, 1953, ch. 397, would not affect acts, rights, or civil or crimi- nal proceedings commenced prior to such act, see sec- tion 23 of act Aug. 8, 1953, ch. 397, set out as a note under section 1304 of this title.