DHS Final Rule Expands Definition of "Customs Officer" for Purposes of Overtime/Premium Pay, Etc
The Department of Homeland Security (DHS) has issued a final rule, effective July 24, 2004, that amends the definition of "customs officer" for the purpose of eligibility for overtime compensation and premium pay.
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In addition, the final rule makes a conforming change to the definition of "immigration officer."
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"
Prior to this final rule, the definition of "customs officer" contained in 19 CFR 24.16(b)(7) defined as eligible for Customs Officer Pay Reform Act (COPRA) coverage the following four position descriptions: Customs Inspector, Supervisory Customs Inspector, Canine Enforcement Officer, and Supervisory Canine Enforcement Officer.
As a result of this final rule, in addition to the four above-listed position descriptions, the definition of "customs officer" is being expanded to include:
CBP officer,
Supervisory CBP Officer,
CBP Agriculture Specialist, and
Supervisory CBP Agriculture Specialist
Customs Officer Will be Authorized to Perform Duties of Immigration Officer
This final rule also amends the definition of "immigration officer" contained in 8 CFR 103.1(b) by adding a sentence to the end of the existing definition which states: 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 I of 8 CFR.
Final Rule Expands COPRA Overtime and Premium Pay to 8,000 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 final rule adds currently classified immigration and agriculture officers (approximately 8,000 inspectors) to the COPRA system.
CBP to Assure No Impact on Fee or Service Levels Due to Single Pay 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 these changes.
(DHS notes that the proposed rule in this rulemaking was 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 new human capital system for DHS which would create a new system for setting basic pay within DHS. DHS adds that this final rule has no impact on setting any employee's basic rate of pay.)
(See ITT's Online Archives or 04/08/04 news, 04040825, for BP summary of DHS' proposed rule on this matter, with link to separate and distinct February 20, 2004 proposed rule.)
DHS Contact - Richard Balaban (202) 927-0031
DHS Final Rule (CBP Dec. 04-19, FR Pub 06/24/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-14415.pdf