Page:United States Statutes at Large Volume 107 Part 1.djvu/696

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107 STAT. 670 PUBLIC LAW 103-66—AUG. 10, 1993 "(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) LIMITATIONS. —

"(1) FISCAL YEAR CAP. —The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be p€dd in any fiscal year may not exceed $25,000; except that the Commissioner of Customs or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.

    • (2) EXCLUSIVITY OP PAY UNDER THIS SECTION. —A customs

officer who receives overtime pay under subsection (a) or premium pav 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 promulgate regulations to prevent— "(1) abuse of callback work assignments and commuting time compensation authorized under subsection (a)(2); and "(2) the disproportionately more frequent assignment of overtime work to customs officers who are near to retirement, "(e) DEFINITIONS.— As used in this section: "(1) Theterm'cvustoms officer* means an individualperforming 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 stetute or Executive order.. (b) NECESSARY CONFORMING AMENDMENTS.— (1) Section 2 of the Act of June 3, 1944 (19 U.S.C. 1451a), is repealed.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". 19 USC 267 note. (c) EFFECTIVE DATE. —The amendments made by subsections (a) and (b) apply to customs inspectional services provided on or after January 1, 1994. SEC. 13812. ADDITIONAL BENEFITS FOR CUSTOMS OFFICERS. (a) TREATMENT OF CERTAIN PAY FOR RETIREMENT PURPOSES. — 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 oi 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