DHS Proposed Rule Would Expand Definition of "Customs Officer" for Purposes of Overtime/Premium Pay, Etc
The Department of Homeland Security (DHS) has issued a proposed rule that would amend the definition of "customs officer" for the purpose of eligibility for overtime compensation and premium pay. In addition, the proposed rule would make a conforming change to the definition of "immigration officer."
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DHS explains that these revisions are necessary to reflect recent changes in the functions and organizational structure of U.S. Customs and Border Protection (CBP) consistent with the Homeland Security Act of 2002 (Act).
Expanded Definition of "Customs Officer" Proposed
DHS explains that 19 CFR 24.16 sets for the procedure that CBP must follow to furnish overtime and premium pay to customs officers, as required by the Customs Officer Pay Reform Act (COPRA).
The definition of "customs officer" contained in 19 CFR 24.16(b)(7) currently defines as eligible for COPRA coverage the following four positions descriptions: Customs Inspector, Supervisory Customs Inspector, Canine Enforcement Officer, and Supervisory Canine Enforcement Officer.
However, this definition does not encompass the expanded border security and inspection functions brought into CBP by the government reorganization consistent with the Act.
Therefore, DHS is proposing that in addition to the four above-listed position descriptions, the definition of "customs officer" should be expanded to include:
CBP Officer,
Supervisory CBP Officer,
CBP Agriculture Specialist, and
Supervisory CBP Agriculture Specialist.
Customs Officer Would be Authorized to Perform Duties of Immigration Officer
In addition to expanding the definition of "customs officer", DHS is proposing to amend the definition of "immigration officer" contained in 8 CFR 103.1(b) by adding a sentence to the end of the existing definition which would state: Any customs officer, as defined in 19 CFR 24.16, is hereby authorized to exercise the powers and duties of an immigration officer as specified by the Act and Chapter 1 of 8 CFR.
Proposed Changes Would Expand COPRA Overtime and Premium Pay to 8,000 Inspectors
DHS explains that at present, three different overtime and premium pay systems are required to administer overtime compensation and premium pay for inspection personnel. The proposed rule contains a chart comparing various types of pay currently in place for customs inspectors, immigration inspectors, and agriculture inspectors.
As a result of the changes to the definitions of "customs officer" and "immigration officer", DHS will implement a single overtime and premium pay system, COPRA, replacing the three different systems that are now in place. The proposed rule would add currently classified immigration and agriculture officers (approximately 8,000 inspectors) to the COPRA system.
DHS states that this single pay system will result in certain employees earning more, while others will earn less. DHS also notes that CBP will assure that there will be no impact on fee or service levels as a result of the proposed changes.
In addition, DHS notes that this proposed rule is tangentially related but separate and distinct from the a February 20, 2004 proposed rule issued by DHS and the Office of Personnel Management (OPM) regarding the establishment of a human capital system for DHS which would create a new system for setting basic pay within DHS. DHS adds that this proposed rule has no impact on setting any employee's basic rate of pay.
-written comments must be received by May 7, 2004.
DHS Contact - Richard Balaban (202) 927-0031
DHS Proposed Rule (FR Pub 04/07/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-7857.pdf
DHS and OPM proposed rule (FR Pub 02/20/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-3670.pdf