I

103D CONGRESS

2D SESSION H. R. 4695

To amend title 39, United States Code, to provide for procedures under

which persons wrongfully arrested by the Postal Inspection Service on

narcotics charges may seek compensation from the United States Postal

Service.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. CLAY introduced the following bill; which was referred to the Committee

on Post Office and Civil Service

A BILL

To amend title 39, United States Code, to provide for procedures under which persons wrongfully arrested by the

Postal Inspection Service on narcotics charges may seek

compensation from the United States Postal Service.

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

3 SECTION 1. PROCEDURES FOR SEEKING COMPENSATION.

4 (a) IN GENERAL.—Chapter 4 of title 39, United

5 States Code, is amended by adding at the end the follow6 ing:
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1 ‘‘§ 414. Compensation for certain wrongfully arrested

2 individuals

3 ‘‘(a) Not later than 90 days after the date of the en4 actment of this section, the Judicial Officer shall by regu5 lation establish procedures under which any individual de6 scribed in subsection (b)(1)(A) may seek compensation

7 under this section.

8 ‘‘(b) The regulations shall include provisions under

9 which—

10 ‘‘(1) a petition for compensation may be

11 brought—

12 ‘‘(A) by any individual—

13 ‘‘(i) arrested by the Postal Inspection

14 Service—

15 ‘‘(I) after December 31, 1983;

16 ‘‘(II) pursuant to any investiga17 tion in which one or more paid con18 fidential informants were used;

19 ‘‘(III) for violating any law of the

20 United States, or of any State, pro21 hibiting the use, sale, or possession of

22 a controlled substance; but

23 ‘‘(ii) who is not convicted, pursuant to

24 such arrest, of a violation of any law de25 scribed in clause (i);
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1 ‘‘(B) after all administrative and judicial

2 procedures otherwise available to petitioner for

3 seeking compensation in connection with the ar4 rest have been exhausted, but not later than 2

5 years after the date as of which—

6 ‘‘(i) the exhaustion requirement is

7 met; or

8 ‘‘(ii) if later, any such petition may

9 first be filed under this section; and

10 ‘‘(C) notwithstanding section 2676 or 2679

11 of title 28 or any other provision of law;

12 ‘‘(2) a petition for compensation under this sec13 tion shall be considered by a panel of 3 administra14 tive law judges who shall be—

15 ‘‘(A) qualified by virtue of their back16 ground, objectivity, and experience; and

17 ‘‘(B) individuals detailed to the Postal

18 Service, for purposes of this section, on a reim19 bursable basis;

20 ‘‘(3) the provisions of sections 556 and 557 of

21 title 5 shall apply to any proceeding conducted by a

22 panel of administrative law judges under this sec23 tion;

24 ‘‘(4) a panel may award such amount to a peti25 tioner as the panel considers appropriate to com-
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1 pensate petitioner for any harm or injury, resulting

2 from petitioner’s wrongful arrest, suffered by—

3 ‘‘(A) the petitioner;

4 ‘‘(B) the petitioner’s spouse, if any; or

5 ‘‘(C) a child of the petitioner, if any;

6 except that not more than a total of $500,000 may

7 be awarded to a petitioner under this section in con8 nection with any particular arrest; and

9 ‘‘(5) compensation awarded under this sec10 tion—

11 ‘‘(A) shall be payable out of the Postal

12 Service Fund; and

13 ‘‘(B) shall be computed taking into ac14 count the nature and degree of the harm or in15 jury suffered, the degree to which the Postal

16 Inspection Service failed to take reasonable pre17 cautions to prevent any such wrongful arrest

18 from occurring, any history or pattern of simi19 lar wrongful arrests by the Postal Inspection

20 Service, any compensation awarded in any ear21 lier proceeding in connection with petitioner’s

22 arrest, and such other factors as the panel con23 siders appropriate.

24 ‘‘(c) A determination under this section shall not be

25 subject to any administrative or judicial review.
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1 ‘‘(d) For purposes of this section—

2 ‘‘(1) the term ‘Judicial Officer’ means the Judi3 cial Officer appointed under section 204;

4 ‘‘(2) the term ‘controlled substance’ has the

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

6 Controlled Drug Abuse Prevention and Control Act

7 of 1970;

8 ‘‘(3) the term ‘administrative law judge’ means

9 an administrative law judge appointed under section

10 3105 of title 5; and

11 ‘‘(4) a confidential informant shall be consid12 ered to be ‘paid’ if such informant receives, or is to

13 receive, a monetary or nonmonetary benefit (includ14 ing any forbearance from a civil or criminal action)

15 for the services involved.’’.

16 (b) CHAPTER ANALYSIS.—The analysis for chapter

17 4 of title 39, United States Code, is amended by adding

18 at the end the following:

‘‘414. Compensation for certain wrongfully arrested individuals.’’.

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