Title 19, Customs DutiesRelease 119-110
§267 Overtime and Premium Pay for Customs Officers
Title 19 › CHAPTER 3 — THE TARIFF AND RELATED PROVISIONS › SUBTITLE IV — CUSTOMS ADMINISTRATION › part 2 — report, entry, and unlading of vessels and vehicles › § 267
Summary
Customs officers who work more than 40 hours in a week or more than 8 hours in a day must be paid double their basic hourly rate for that extra work. If an officer is called back to work, that callback counts as at least 2 hours if it starts at least 1 hour after the previous scheduled shift and ends at least 1 hour before the next scheduled shift. When called back, the officer also gets commuting pay equal to 3 times the basic hourly rate unless the callback starts more than 16 hours after the last scheduled shift or starts within 2 hours of the next scheduled shift. Officers get extra pay for certain shifts: 15% more if most scheduled hours fall between 3 p.m. and midnight; 20% more if most fall between 11 p.m. and 8 a.m.; for a 7:30 p.m.–3:30 a.m. schedule, 15% applies from 7:30–11:30 p.m. and 20% from 11:30 p.m.–3:30 a.m. Work on a non‑holiday Sunday gets 50% extra. Work on a holiday gets 100% extra. Those premium amounts are not counted as overtime. Total overtime plus premium pay in a fiscal year cannot exceed $25,000, though the Commissioner can waive that limit in some cases. An officer cannot be paid twice for the same hours. The Treasury Secretary must write rules to stop abuse of callbacks and commuting pay and to avoid giving too much overtime to officers near retirement. "Customs officer" means someone doing customs inspector or canine enforcement duties. "Holiday" means a day named a federal holiday.
Full Legal Text
Title 19, §267
Customs Duties, Source: USLM XML via OLRC
(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 excess 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 officer. 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 overtime work on callback basis
(A)Minimum duration
Any work for which compensation is authorized 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 before the beginning of the following regularly scheduled work assignment.
(B)Compensation for commuting time
(i)In general
Except as provided in clause (ii), in addition to the compensation authorized under paragraph (1) for work to which subparagraph (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 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 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 assignment 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 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 50 percent of that basic rate.
(3)Holiday differential
A customs officer who performs any regularly 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 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 paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection 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 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 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)
(2)The term “holiday” means any day designated as a holiday under a Federal statute or Executive order.
Legislative History
Notes & Related Subsidiaries
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 compensation 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, substituting provisions relating to overtime and premium pay for customs officers for provisions relating to fixing of working hours and overtime compensation by Secretary of the Treasury. 1970—Pub. L. 91–271 substituted references to the appropriate customs officer for references to the collector of customs wherever appearing, and struck out reference 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 Protection” 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 section 1450 of this title, repealing section 1451a of this title, and omitting provisions formerly set out as section 261 of this title] apply to customs inspectional services provided on or after January 1, 1994.”
Effective Date
of 1970 AmendmentFor
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 liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 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 Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally 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 Treasury 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 Employees. Customs officers, referred to in this section, were under Department of the Treasury.
Reference
Citations & Metadata
Citation
19 U.S.C. § 267
Title 19, Customs Duties
Last Updated
Sep 22, 2026
Release point: 119-110