Premium Pay for Federal Inspectors at U.S. Ports-of-Entry

GGD-74-91: Published: Feb 14, 1975. Publicly Released: Feb 14, 1975.

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The U.S. Customs Service, Department of the Treasury; Immigration and Naturalization Service, Department of Justice; the Animal and Plant Health Inspection Service, Department of Agriculture; and the Public Health Service, Department of Health, Education and Welfare (HEW) perform inspectional services at U.S. ports of entry. The premium pay laws and regulations of the four agencies contain different provisions for compensating inspectors. In addition, the amount of premium pay reimbursed to the government by parties-in-interest (airlines, shipowners, etc.) varies among agencies.

As a result of the different premium pay laws and regulations, inspectors of different agencies working about the same number of overtime hours are paid for varying numbers of hours. Also, although the government is reimbursed by parties-in-interest for most of the premium pay for Customs and Agriculture inspectors, the government is not reimbursed for a large share of such pay for Public Health Service and Immigration inspectors.

Matters for Congressional Consideration

  1. Status: Closed - Not Implemented

    Comments: When we determine what steps the Congress has taken, we will provide updated information.

    Matter: Congress should: (1) consider legislation which would require that there be established at each port-of-entry specific days and times during which full cost, including overhead, of inspections performed by any of the four agencies be charged to the parties-in-interest; and (2) enact legislation establishing a uniform policy on the charges to be made to the parties-in-interest for inspections at ports-of-entry.

  2. Status: Closed - Not Implemented

    Comments: Congress has not suggested legislation and believes that it is up to the agencies to propose changes in their overtime laws. None of the agencies were willing to take the lead in initiating proposed legislation.

    Matter: Congress should consider enacting one premium pay law to apply to the four inspection agencies for services at ports-of-entry. To insure uniformity, the responsibility for issuing implementing regulations be given to one agency, such as the Civil Service Commission.

Recommendations for Executive Action

  1. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Attorney General should review Justice regulations implementing premium pay laws for inspectors at ports-of-entry and, to the extent permitted by the laws, develop uniform regulations on pay for overtime, Sunday, and holiday work.

    Agency Affected: Department of Justice

  2. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Secretary of HEW should review HEW regulations implementing premium pay laws for inspectors at ports-of-entry and, to the extent permitted by the laws, develop uniform regulations on pay for overtime, Sunday, and holiday work.

    Agency Affected: Department of Health and Human Services

  3. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Secretary of Agriculture should review Agriculture regulations implementing premium pay laws for inspectors at ports-of-entry and, to the extent permitted by the laws, develop uniform regulations on pay for overtime, Sunday, and holiday work.

    Agency Affected: Department of Agriculture

  4. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Secretary of the Treasury should review Treasury regulations implementing premium pay laws for inspectors at ports-of-entry and, to the extent permitted by the laws, develop uniform regulations on pay for overtime, Sunday, and holiday work.

    Agency Affected: Department of the Treasury

  5. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Director, Office of Management and Budget, should help the agencies develop these uniform regulations.

    Agency Affected: Executive Office of the President: Office of Management and Budget

  6. Status: Closed - Not Implemented

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

    Recommendation: The Chairman of the Civil Service Commission should, because of its responsibilities for issuing the regulations governing the pay of most Federal employees, help the agencies develop these uniform regulations.

    Agency Affected: Office of Personnel Management

 

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