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GGD-74-91

COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.c. 20548

b_a J

To the President of the Senate and the Speaker of the House of `Representatives

This is our report on premium pay for Federal at U.S. ports-of-entry.

inspectors

We made our review pursuant to the Budget and Accounting Act, 1921 (31 U.S.C. 53), and the Accounting and Auditinq Act of 1950 (31 U.S.C. 67).

We are sending copies of this report to selected Committees

of the Congress; the Director, Off ice of Management and Budget;

the Chairman, Civil Service Commission; the Secretary of the

Treasury; the Secretary of Health, Education, and Welfare; the

Secretary of Agriculture;

and the Attorney General.

Comptroller General of the United States

-Cva--n-cte--nts Pase

DIGEST

i

CHAPTER

.,

1

INTRODUCTION

1

Overtime paid inspectors under special

premium pay statutes

Premium:pay provisions

Reimbursable provisions

Reimbursable rates

Port hours of operation

NEED FOR CHANGE ,IN LAWS AND REGULATIONS

PERTAINING TO OVERTIME PAID TO GOVERNMENT

INSPECTORS AT U.S. PORTS-OF-ENTRY

8

Sunday inspections

10

Callback assignments

19

Part-time employees' pay

24

Overtime pay provisions of other

Federal agencies and commercial firms

28

Conclusions

33

Recommendation

34

Agency comments and our evaluation

34

Matters for consideration

by the Congress

37

NEED FOR CHANGE IN LAWS AND REGULATIONS PER-

TAINING TO PORT-OF-ENTRY SERVICES WHICH

ARE REIMBURSABLE

39

Laws and regulations

not uniform for

reimbursable

services

39

Basis for charge not uniform for reim-

bursable services

42

Conclusions

42

Recommendation

43

Agency comments and our evaluation

43

Matters for consideration

by the Congress

44

4

SCOPE OF REVIEW

45

`.

..

APPENDIX

I

Summary of premium pay and reimbursable

provisions of the four Federal agencies

performing ,$-3spections at ports-of-entry

II

Agency comments

III

Principal officials responsible for admin-

istering activities discussed in this

report

APHIS csc FEPA GAO INS OMB PHS WAE

ABBREVIATIONS

Animal and Plant Health Inspection Service

Civil Service Commission

Federal Employees Pay Act of 1945, as amended

General Accounting Office

Immigration and Naturalization

Ser'vice

Office of Management and Budget

Public Health SeWce

when actually employed

Page

47 54 77

!

COMPTROLLERGENERAL'S REPORT TO THE CONGRESS

PREMIUM PAY FOR FEDERAL INSPECTORS

AT U.S. PORTS-OF-ENTRY

Department of the Treasury

Department of Justice

Department of Agriculture

Department of Health, Education,

and We1fare

-D--I-G--EST

WHYTHE REVIEWWASMADE

GAO wanted to obtain information on

the effect of differences in the pay

for inspectors of four Federal agen-

cies for night overtime and Sunday

and holiday work at ports-of-entry

and charges for such services to the

parties-in-interest

(airlines, ship-

owners, etc.), to determine whether

it would be feasible to have one law

and one set of regulations for such

overtime payments and a uniform pol-

icy on the charges to the parties-in-

interest.

FINDINGS AND CONCLUSIONS

Overtime payments

The premium pay laws and regulations

of the four agencies--U.S. Customs

Service, Treasury Department; Immi-

gration and Naturalization

Service,

Justice Department; the Animal and

Plant Health Inspection Service, Agri-

culture Department; and Public Health

Service, Department of Health, Educa-

tion, and Welfare--contain

different

provisions for compensating inspec- /I

tors.

Customs and Immigration ZGWSare es-

sentially the same and contain spe-

cific provisions for compensating in-,

.spectors for Sunday, holiday, and

night overtime. (See p. 3.)

The PubZic HeaZth Service Zaw con-

tains provisions for compensating inspectors for work on Sundays and holidays and night overtime which are different and in most cases provide less pay for the hours worked than those in the Customs and Immigration laws. (See p. 4.)

Agricdturefs Zaz~ does not contain

specific pay provisions but authorizes the Secretary of Agriculture to pay inspectors for all overtime, night, or holiday work at such rates as he may determine. The pay provisions in the regulations adopted by the Secretary differ

from those in the Customs, Immi-

gration, and Public Health Service laws. (See p. 3.)

Each agency head prescribes the regu-

lations for administering the law pertaining to his agency. These regulations are not uniform and cause further differences in the pay for Sunday, holiday, and night overtime,

The laws for the two agencies with the the most inspectors (Customs and Immigration) have been interpreted by the. Courts as requiring extra pay for work on Sunday, even though the employee received another day off for work on Sunday. As a result, neither agency schedules Sunday as part of

m.

Upon removal, the report

cover date should be noted hereon.

i

GGO-74-91

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