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LegalText 8 U.S.C. § 1353a Officers and employees; overtime services; extra compensation; length of working day us united_states_code code_section 8 ALIENS AND NATIONALITY 12 IMMIGRATION AND NATIONALITY 1353a 8 U.S.C. § 1353a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1353a data/legal/raw/us/code/title-08/usc08.xml 38a6b2aa4872ed748c09462c4d2d20b16fc2b450013ecf31aab627b40c68af3e 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c 0c0b5b4da66a6dff2417ba7b921c01f591ea6da71189e7b37e9967ba8a0d7cf8 2026-07-04 official
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8 U.S.C. § 1353a - Officers and employees; overtime services; extra compensation; length of working day

Text

The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five oclock postmeridian and eight oclock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half days additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five oclock postmeridian (but not to exceed two and one-half days pay for the full period from five oclock postmeridian to eight oclock antemeridian) and two additional days pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.

(Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord. No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, § 402(i)(1), 66 Stat. 278.)

Notes

Editorial Notes

Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Ex. Ord. No. 6166, is authority for the substitution of “Immigration and Naturalization Service” for “Immigration Service”; and 1940 Reorg. Plan No. V. is authority for the substitution of “Attorney General” for “Secretary of Labor.” See note set out under section 1551 of this title. Section was formerly classified to section 342c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109a of this title.

Amendments1952—Act June 27, 1952, substituted “immigration officers” for “inspectors”.

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Executive Documents

Transfer of Functions Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. See sections 509 and 510 of Title 28, Judiciary and Judicial Procedure.