IIA

103D CONGRESS

2D SESSION H. R. 4400

IN THE SENATE OF THE UNITED STATES

JUNE 29 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

To amend title 39, United States Code, to prevent the use

of paid confidential informants by the United States

Postal Service in certain narcotics investigations; to require that the appointment of the Inspector General of

the United States Postal Service be made by the President, with the advice and consent of the Senate; and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postal Inspection Serv5 ice and Inspector General Act’’.
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1 SEC. 2. RESTRICTION ON THE USE OF PAID CONFIDENTIAL

2 INFORMANTS BY THE POSTAL SERVICE.

3 (a) CONFIDENTIAL INFORMANTS.—

4 (1) RESTRICTION.—Section 404 of title 39,

5 United States Code, is amended by adding at the

6 end the following:

7 ‘‘(c)(1) The Postal Service may not retain the serv8 ices of a paid confidential informant for purposes of any

9 investigation concerning the possible violation of any law

10 relating to controlled substances, unless the unlawful use

11 of the mails is involved.

12 ‘‘(2) The Postal Service shall render a semiannual re13 port to the Congress concerning any investigation—

14 ‘‘(A) in which the Postal Service retains the

15 services of a paid confidential informant; and

16 ‘‘(B) which results in the arrest of 1 or more

17 individuals for violating any law relating to con18 trolled substances.

19 ‘‘(3) For the purpose of this subsection—

20 ‘‘(A) the term ‘controlled substance’ has the

21 meaning given such term by section 102(6) of the

22 Controlled Drug Abuse Prevention and Control Act

23 of 1970; and

24 ‘‘(B) a confidential informant shall be consid25 ered to be ‘paid’ if such informant receives, or is to

26 receive, a monetary or nonmonetary benefit (includ-
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1 ing any forbearance from a civil or criminal action)

2 for the services involved.’’.

3 (2) APPLICABILITY.—The amendment made by

4 paragraph (1) shall apply with respect to any inves5 tigation commencing on or after the date of the en6 actment of this Act.

7 (b) OFFICERS.—

8 (1) IN GENERAL.—Section 204 of title 39,

9 United States Code, is amended—

10 (A) by amending the section heading to

11 read as follows:

12 ‘‘§ 204. Assistant Postmasters General; General Coun13 sel; Judicial Officer; Chief Postal Inspec14 tor’’;

15 (B) in the first sentence by striking ‘‘and

16 a Judicial Officer.’’ and inserting ‘‘a Judicial

17 Officer, and a Chief Postal Inspector.’’; and

18 (C) in the second sentence by striking

19 ‘‘and the Judicial Officer’’ and inserting ‘‘the

20 Judicial Officer, and the Chief Postal Inspec21 tor’’.

22 (2) CONFORMING AMENDMENT.—The table of

23 sections for chapter 2 of title 39, United States

24 Code, is amended by striking the item relating to

25 section 204 and inserting the following:
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‘‘204. Assistant Postmasters General; General Counsel; Judicial Officer; Chief

Postal Inspector.’’.

1 SEC. 3. INSPECTOR GENERAL OF THE UNITED STATES

2 POSTAL SERVICE.

3 (a) DEFINITIONS.—Section 11 of the Inspector Gen4 eral Act of 1978 (5 U.S.C. App.) is amended—

5 (1) in paragraph (1) by inserting ‘‘the Post6 master General;’’ after ‘‘the Attorney General;’’; and

7 (2) in paragraph (2) by inserting ‘‘the United

8 States Postal Service,’’ after ‘‘Treasury;’’.

9 (b) TRANSFER OF FUNCTIONS.—Section 9(a) of the

10 Inspector General Act of 1978, as amended by section

11 203(g)(3)(A) of the National and Community Service

12 Trust Act of 1993 (Public Law 103-82; 107 Stat. 890),

13 is amended—

14 (1) in paragraph (1)—

15 (A) in subparagraph (U) by striking ‘‘and’’

16 after the semicolon; and

17 (B) by adding at the end the following:

18 ‘‘(W) of the United States Postal Service,

19 that portion of the Postal Inspection Service

20 that is engaged in internal audit and program

21 review activities; and’’; and

22 (2) in paragraph (2) by inserting ‘‘(or, in the

23 case of the United States Postal Service, the Post24 master General, in consultation with the Board of
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1 Governors)’’ after ‘‘head of the establishment in2 volved’’.

3 (c) SPECIAL PROVISIONS.—The Inspector General

4 Act of 1978 is amended—

5 (1) by redesignating the first section designated

6 as section 8G as section 8H;

7 (2) by redesignating the second section des8 ignated as section 8G as section 8I; and

9 (3) by inserting after section 8F the following:

10 ‘‘SPECIAL PROVISIONS CONCERNING THE UNITED STATES

11 POSTAL SERVICE

12 ‘‘SEC. 8G. (a) In carrying out the duties and respon13 sibilities specified in this Act, the Inspector General of the

14 United States Postal Service shall have oversight respon15 sibility for all activities of the Postal Inspection Service,

16 including any internal investigation performed thereby.

17 The Chief Postal Inspector shall promptly report the sig18 nificant activities being carried out by the Postal Inspec19 tion Service to such Inspector General.

20 ‘‘(b) Nothing in this Act shall restrict, eliminate, or

21 otherwise adversely affect any of the rights, privileges, or

22 benefits of either employees of the United States Postal

23 Service, or labor organizations representing employees of

24 the United States Postal Service, under chapter 12 of title

25 39, United States Code, the National Labor Relations Act,

26 any handbook or manual affecting employee labor rela-
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1 tions with the United States Postal Service, or any collec2 tive bargaining agreement.’’.

3 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

4 (1) RELATING TO THE INSPECTOR GENERAL

5 ACT OF 1978.—Section 8H of the Inspector General

6 Act of 1978 (as so redesignated by subsection

7 (c)(1)) is amended—

8 (A) in subsection (a)(2) by striking ‘‘Ten9 nessee Valley Authority,’’ and all that follows

10 through the semicolon and inserting ‘‘Tennessee

11 Valley Authority, and the United States Inter12 national Trade Commission;’’; and

13 (B)(i) by striking subsection (f), and redes14 ignating subsections (g) and (h) as subsections

15 (f) and (g), respectively;

16 (ii) in paragraphs (3) and (4) of subsection

17 (a) by striking ‘‘(h)(1)’’ and inserting ‘‘(g)(1)’’;

18 and

19 (iii) in subsection (c) by striking ‘‘Except

20 as provided under subsection (f) of this section,

21 the’’ and inserting ‘‘The’’.

22 (2) RELATING TO TITLE 39, UNITED STATES

23 CODE.—Section 410(b) of title 39, United States

24 Code, is amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (9); and

3 (B) by amending paragraph (10) to read

4 as follows:

5 ‘‘(10) the Inspector General Act of 1978; and’’.

6 (e) EFFECTIVE DATE; INTERIM SERVICE.—

7 (1) EFFECTIVE DATE.—This section and the

8 amendments made by this section shall take effect

9 upon the expiration of the 3-month period beginning

10 on the date of the enactment of this Act.

11 (2) INTERIM SERVICE.—The individual serving

12 as Inspector General of the United States Postal

13 Service on the day before this section takes effect

14 may continue to serve in that capacity until—

15 (A) a successor has taken office, or

16 (B) such individual ceases to be the Chief

17 Postal Inspector of the United States Postal

18 Service.

Passed the House of Representatives June 27, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.