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B-244300 1 (1992-04-03)

handle is hein.gao/gaobadoaq0001 and id is 1 raw text is: L A~ u Comptroller General ' - WAhlnton, DC, 20648. Decision Matter of: Customs Inspectors Overtime File: B-244300 Date: April 3, 1992 DIGEST Payment of overtime compensation to Customs inspectors under 19 U.S.C. § 267 is not warranted after suspected internal drug carriers have been subject to a strip search and an x-ray search that reveal reasonable suspicion 'that the individual is concealing drugs, The time spent monitoring the suspect at a hospital or other facility after a reasonable suspicion has been established is not part of the inspectional process for which overtime compensation is authorized under 19 U.S.C. § 267. DECISION The ,Commissioner of Customs has requested :a decision whether 'the time :spent lby Customs inspectors monitor'ing persons who are :suspected of concealing drugs inside their ibodies involves inspectional. duties for ,which fovertime Is compensab'le under '19 'U.S.C. § 267 ((1988),, or whether such :monitoring constitutes enforcement duties for which overtime is compensated under the Federal Employees Pay :Act of 1945 ((FEPA),, 5 U.S.C. §§ -5542, '5546 (1988). '.The National Treasury Employees 'Union ,(NTEU),has filed comments on the Commissioner's request add supports the Commissioner's determination that the monitoring is compensable under 19 U.S.C. § 267. 'BACKGROUND The Commissioner states 'that the question ,of which overtiime law is applicable arises ifrom ithe fol'lowing _c'ircumstances, If a ,Customs inspector suspects that an individual entering the ,United States :may !be icarrying illegal (drugs .within Ibis or her ibody,, 'the individual :maY be subjected to :strip and x-ray :searches,. If, *based on these searches, ithe Customs inspector continues tto have :reasonable suspicion that the individual is concealing drugs, the inspector wit.11 accompany the suspect to a hospital or facility for monitoringsuntil the suspect lhas a 'bowel movement. This inspector will monitor the suspect until the end of the inspectors' tour of

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